Florida Senate - 2014                                    SB 1624
       
       
        
       By Senator Sobel
       
       
       
       
       
       33-00700B-14                                          20141624__
    1                        A bill to be entitled                      
    2         An act relating to the sale of dogs or cats; creating
    3         s. 828.291, F.S.; requiring a person offering for sale
    4         within this state a dog or cat bred by certain
    5         breeders to continuously display certain information;
    6         requiring such information to be easily readable by a
    7         potential buyer; creating s. 828.295, F.S.; defining
    8         the term “flea market”; prohibiting a person from
    9         willfully selling, exchanging, or donating, or
   10         offering for sale, exchange, or donation a dog or cat
   11         at a flea market; providing exceptions; establishing
   12         criminal penalties; establishing enhanced criminal
   13         penalties for certain violations; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 828.291, Florida Statutes, is created to
   19  read:
   20         828.291 Dogs or cats offered for sale; disclosure of
   21  source.—A person offering for sale within this state a dog or
   22  cat bred by a holder of a Class A or Class B license issued by
   23  the United States Department of Agriculture shall continuously
   24  display on or next to the enclosure of or in any print or
   25  electronic advertisement for the dog or cat being offered for
   26  sale the breeder’s printed name, city and state of residence,
   27  and USDA license number. Such information must be easily
   28  readable by a potential buyer.
   29         Section 2. Section 828.295, Florida Statutes, is created to
   30  read:
   31         828.295 Sales of dogs or cats prohibited at flea markets.—
   32         (1) As used in this section, the term “flea market” means
   33  an organized event at which two or more persons offer
   34  merchandise for sale or exchange, such as a swap meet or an open
   35  air market.
   36         (2) A person may not willfully sell, exchange, or donate,
   37  or offer for sale, exchange, or donation a dog or cat at a flea
   38  market.
   39         (3) A county-operated or city-operated animal control
   40  agency or a registered nonprofit humane organization is exempt
   41  from this section.
   42         (4)(a) A person who violates this section for the first
   43  time commits a misdemeanor of the second degree, punishable as
   44  provided in s. 775.082 or s. 775.083.
   45         (b) A person who violates this section for a second or
   46  subsequent time commits a misdemeanor of the first degree,
   47  punishable as provided in s. 775.082 or s. 775.083.
   48         Section 3. This act shall take effect July 1, 2014.