Florida Senate - 2014                                    SB 1574
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-00145-14                                           20141574__
    1                        A bill to be entitled                      
    2         An act relating to the commercial breeding and selling
    3         of animals; providing definitions; requiring
    4         commercial breeders and dealers to comply with certain
    5         federal animal welfare standards and rules adopted by
    6         the Department of Business and Professional
    7         Regulation; requiring commercial breeders and dealers
    8         to register with the department; providing penalties;
    9         providing registration and fee requirements; requiring
   10         the department to inspect certain facilities;
   11         authorizing the department to adopt rules; providing
   12         applicability; requiring retail pet stores to annually
   13         provide certain information to the department;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Commercial breeding and selling of animals.—
   19         (1) As used in this section, the term:
   20         (a) “Animal” means a dog or cat as defined in 9 C.F.R. s.
   21  1.1.
   22         (b) “Commercial breeder” means a person, partnership, firm,
   23  corporation, or other entity that:
   24         1. Owns, possesses, controls, or otherwise has custody of
   25  female animals with intact sexual organs;
   26         2. Is engaged in the business of breeding animals for sale;
   27  and
   28         3. Sells 16 or more animals during any 12-month period.
   29         (c) “Dealer” means a person, partnership, firm,
   30  corporation, or other entity, excluding a retail pet store, that
   31  for profit or compensation is engaged in the business of:
   32         1. Buying, selling, or offering to sell animals;
   33         2. Transferring animals at wholesale for resale to another;
   34  or
   35         3. Offering to sell or maintaining animals at wholesale for
   36  resale to another as defined in 9 C.F.R. s. 1.1.
   37         (d) “Department” means the Department of Business and
   38  Professional Regulation.
   39         (e) “Federal animal welfare standards” means the
   40  requirements for humane handling, care, treatment, housing,
   41  temperature, exhibition, and transportation of animals under 9
   42  C.F.R. part 3.
   43         (f) “Retail pet store” means a place of business as defined
   44  in 9 C.F.R. s. 1.1.
   45         (2)(a) A commercial breeder or dealer in this state,
   46  regardless of whether the breeder or dealer is subject to
   47  regulation by the United States Department of Agriculture under
   48  9 C.F.R. part 2, must comply with the federal animal welfare
   49  standards. If the United States Department of Agriculture amends
   50  the federal animal welfare standards, the department may adopt
   51  rules requiring that commercial breeders and dealers comply with
   52  the amended standards.
   53         (b) A commercial breeder or dealer must register with the
   54  department on a form prescribed by the department before
   55  engaging in the business of breeding animals for sale or buying,
   56  selling, or offering to sell animals; transferring animals at
   57  wholesale for resale to another; or offering to sell or
   58  maintaining animals at wholesale for resale to another.
   59         (c) Effective January 1, 2015, a commercial breeder who
   60  engages in the business of breeding animals for sale, or a
   61  dealer who engages in the business of buying, selling, or
   62  offering to sell animals; transferring animals at wholesale for
   63  resale to another; or offering to sell or maintaining animals at
   64  wholesale for resale to another, without being registered with
   65  the department under this section commits a felony of the third
   66  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   67  775.084, Florida Statutes.
   68         (3)(a) A registration application must include the address
   69  of each location where the commercial breeder or dealer houses
   70  animals, including the address where the breeder’s or dealer’s
   71  mobile or traveling housing facilities are kept. The commercial
   72  breeder or dealer must allow the department to inspect any
   73  location or mobile or traveling housing facility where animals
   74  are housed. Before housing animals at any other location or
   75  using any other mobile or traveling housing facility, a
   76  commercial breeder or dealer must notify the department of such
   77  location or facility on a form prescribed by the department.
   78         (b) An application for an initial or renewal registration
   79  must be accompanied by a registration fee prescribed by the
   80  department which, in the aggregate, does not exceed the
   81  department’s actual costs of administering this section.
   82         (c) The department must conduct an onsite inspection of
   83  each location or mobile or traveling housing facility and shall
   84  approve a commercial breeder or dealer’s application if the
   85  application is complete and accompanied by the registration fee
   86  and, upon inspection, the department determines that the
   87  commercial breeder or dealer has complied with the federal
   88  animal welfare standards pursuant to paragraph (2)(a). The
   89  department must annually reinspect each location or mobile or
   90  traveling housing facility where a commercial breeder or dealer
   91  houses animals.
   92         (d) Except as provided in this paragraph, a registration is
   93  valid for 2 years. A registration must be renewed on or before
   94  its expiration date. In order to establish staggered expiration
   95  dates, the department may extend the expiration date of an
   96  initial registration for a period not to exceed 12 months. A
   97  registration is only valid for the location or mobile or
   98  traveling housing facility listed on the registration.
   99         (4) If the department determines that a commercial breeder
  100  or dealer has violated or is operating in violation of this
  101  section or rules or orders issued pursuant to this section, the
  102  department may enter an order for any of the following:
  103         (a) Issuing a notice of noncompliance under s. 120.695,
  104  Florida Statutes.
  105         (b) Imposing an administrative fine not to exceed $5,000
  106  for each violation.
  107         (c) Directing the commercial breeder or dealer to cease and
  108  desist specified activities.
  109         (d) Refusing to register or revoking or suspending a
  110  registration.
  111         (e) Placing the registrant on probation for a specified
  112  period, subject to the conditions specified by the department.
  113         (5) Administrative proceedings seeking the entry of an
  114  order imposing any of the penalties specified in subsection (4)
  115  shall be governed by chapter 120, Florida Statutes.
  116         (6) The department may adopt rules to administer this
  117  section.
  118         (7) This section does not apply to:
  119         (a) A breeder who sells directly to the consumer 15 or
  120  fewer animals per year that are born and raised on the breeder’s
  121  residential property.
  122         (b) An exhibitor licensed under 9 C.F.R. part 2.
  123         (c) A kennel operated for the breeding, sale, or care of
  124  greyhounds that are not intended to be companion pets.
  125         (d) A humane society.
  126         (e) A public or private animal shelter.
  127         (8) In order to enforce this section, a retail pet store
  128  shall annually provide to the department a list of commercial
  129  breeders and dealers from which the store purchases animals.
  130         Section 2. This act shall take effect July 1, 2014.