Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1698
Ì8021863Î802186
LEGISLATIVE ACTION
Senate . House
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The Committee on Innovation, Industry, and Technology (Diaz)
recommended the following:
1 Senate Substitute for Amendment (706506) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. The Division of Law Revision is directed to
7 create part XVII of chapter 468, Florida Statutes, consisting of
8 ss. 468.901-468.921, Florida Statutes, to be entitled “Retail
9 Pet Stores.”
10 Section 2. Section 468.901, Florida Statutes, is created to
11 read:
12 468.901 Short title.—This part may be cited as the “Florida
13 Pet Protection Act.”
14 Section 3. Section 468.903, Florida Statutes, is created to
15 read:
16 468.903 Definitions.—As used in this part, the term:
17 (1) “Animal rescue” means a nonprofit organization exempt
18 from federal income taxation under s. 501(c)(3) of the Internal
19 Revenue Code which keeps, houses, and maintains household pets
20 and which is dedicated to the welfare, health, safety, and
21 protection of such pets. The term includes an organization that
22 offers spayed or neutered household pets for adoption and
23 charges only reasonable adoption fees to cover the
24 organization’s costs, including, but not limited to, costs
25 related to spaying or neutering the pets.
26 (2) “Animal shelter” means a public facility, or a private
27 facility operated by a nonprofit organization that is exempt
28 from federal income taxation under s. 501(c)(3) of the Internal
29 Revenue Code, which keeps, houses, and maintains household pets,
30 such as a county or municipal animal control agency or pound, a
31 humane society, an animal welfare society, a society for the
32 prevention of cruelty to animals, or another nonprofit
33 organization devoted to the welfare, protection, and humane
34 treatment of household pets.
35 (3) “Department” means the Department of Business and
36 Professional Regulation.
37 (4) “Household pet” means a domestic dog or a domestic cat.
38 (5) “Pet broker” means a person who buys, sells, or offers
39 for sale household pets for resale to other persons, or who
40 sells or gives one or more pets to a retail pet store, and who
41 holds a valid Class B animal dealer license issued by the United
42 States Department of Agriculture.
43 (6) “Professional breeder” means a person who is required
44 to be licensed as a Class A animal dealer by the United States
45 Department of Agriculture.
46 (7) “Retail pet store” means a retail store that sells or
47 offers for sale household pets to the public. The term does not
48 include an animal rescue; an animal shelter; or a breeder who
49 sells or transfers, directly to the public, household pets bred
50 and raised on the breeder’s premises.
51 (8) “Veterinarian” means a health care practitioner
52 licensed under chapter 474, or licensed out of state by the
53 applicable entity in that state, to engage in the practice of
54 veterinary medicine.
55 Section 4. Section 468.905, Florida Statutes, is created to
56 read:
57 468.905 Licensure of retail pet stores.—
58 (1) A person may not operate a retail pet store in this
59 state without having a valid retail pet store license issued by
60 the department in accordance with this section.
61 (2) The department shall adopt procedures for the licensure
62 of retail pet stores. An applicant for a retail pet store
63 license shall apply to the department in a format prescribed by
64 the department. Upon licensure, the department shall assign a
65 unique license number for each licensed premises.
66 (3) The department may establish annual license periods
67 that are valid for 1 year and that may be renewed. An
68 application for renewal of a license must be submitted to the
69 department in a format prescribed by the department.
70 (4) A retail pet store that does not have a valid license
71 may not display, offer for sale, deliver, barter, auction,
72 broker, give away, transfer, or sell any household pet from the
73 store.
74 Section 5. Section 468.907, Florida Statutes, is created to
75 read:
76 468.907 Sale or transfer of household pets by retail pet
77 stores.—
78 (1) As used in this section, the term “qualified breeder”
79 means a professional breeder that is located inside or outside
80 this state and meets all of the following requirements:
81 (a) Holds a valid Class A animal license issued by the
82 United States Department of Agriculture and, if required by the
83 respective state, is licensed by a state agency.
84 (b) Has not been issued a report of a finally adjudicated
85 direct noncompliance violation by the United States Department
86 of Agriculture under the federal Animal Welfare Act, 7 U.S.C.
87 ss. 2131 et seq., in the 2 years immediately before offering for
88 sale, delivering, bartering, auctioning, brokering, giving away,
89 transferring, or selling a household pet. However, a
90 professional breeder is not considered a qualified breeder until
91 a pending report of a direct noncompliance violation is finally
92 adjudicated.
93 (c) Has not had three or more finally adjudicated
94 noncompliance violations documented in any report issued by the
95 United States Department of Agriculture under the federal Animal
96 Welfare Act, 7 U.S.C. ss. 2131 et seq., for the year immediately
97 before offering for sale, delivering, bartering, auctioning,
98 brokering, giving away, transferring, or selling a household
99 pet. However, a professional breeder is not considered a
100 qualified breeder until a pending report of a noncompliance
101 violation is finally adjudicated.
102 (2) A retail pet store may not display, offer for sale,
103 deliver, barter, auction, broker, give away, transfer, or sell
104 any household pet from the store unless such pet was acquired
105 from one of the following sources:
106 (a) A qualified breeder.
107 (b) A person who, pursuant to 9 C.F.R. s. 2.1(a)(3)(ii)
108 (vii), is exempt from licensure by the United States Department
109 of Agriculture.
110 (c) An animal rescue.
111 (d) An animal shelter.
112 (e) A pet broker; however, if the pet broker acquires the
113 pet from a professional breeder, the breeder must be a qualified
114 breeder.
115 (3) A retail pet store may not sell, deliver, barter,
116 auction, broker, give away, or transfer any of the following:
117 (a) A household pet younger than 8 weeks of age.
118 (b) A household pet that has not been implanted with an
119 identification microchip.
120 (c) A household pet that does not have a valid veterinary
121 certification, including the United States Interstate and
122 International Certificate of Health Examination for Small
123 Animals prescribed by the United States Department of
124 Agriculture or the official certificate of veterinary inspection
125 prescribed by the Department of Agriculture and Consumer
126 Services pursuant to s. 828.29.
127 (d) A household pet to a person younger than 18 years of
128 age, as verified by a valid driver license, state identification
129 card, or other government-issued identification card bearing a
130 photograph of the cardholder.
131 (e) A household pet acquired from a qualified breeder or
132 pet broker, unless the retail pet store provides to the buyer
133 acquiring the pet, before completing the transaction, a written
134 certification that includes the following:
135 1. The name, address, and United States Department of
136 Agriculture license number, if applicable, of the breeder who
137 bred the household pet.
138 2. A copy of the breeder’s most recent United States
139 Department of Agriculture inspection report, if applicable.
140 3. The household pet’s date of birth, if known.
141 4. The date the retail pet store took possession of the
142 household pet.
143 5. The breed, gender, color, and any identifying marks of
144 the household pet.
145 6. A signed statement by the store’s Florida-licensed
146 veterinarian, in a format prescribed by the department, which
147 describes any known disease, illness, or congenital or
148 hereditary condition that adversely affects the health of the
149 household pet at the time of examination.
150 7. A document signed by the owner or a manager or an
151 employee of the retail pet store certifying that all information
152 required to be provided to the person acquiring the household
153 pet under this paragraph is accurate.
154
155 A retail pet store shall keep a copy of the certification for at
156 least 3 years after the date of acquisition of the household
157 pet. The owner or a manager or an employee of a retail pet store
158 may not fraudulently alter or provide false information on a
159 certification provided in accordance with this paragraph.
160 (4) A licensed retail pet store shall provide to the buyer
161 of a household pet:
162 (a) The pet’s microchip identification number.
163 (b) The complete name, address, and telephone number of all
164 professional breeders, pet brokers, or other persons who kept,
165 housed, or maintained the pet before its coming into possession
166 of the retail pet store or proof that the pet was acquired
167 through an animal rescue or animal shelter.
168 (c) A photograph or digital image of both of the pet’s
169 parents, sire and dam.
170
171 A retail pet store shall keep a copy of the documentation
172 required under this subsection for at least 3 years after the
173 date it acquired the household pet.
174 (5) A retail pet store shall provide for all of the
175 following:
176 (a) Flooring in the primary enclosures that house household
177 pets which is constructed of a solid surface or, if grid-style
178 or wire flooring is used, the surface of which is covered with a
179 rubberized or coated material that prevents a pet’s toe or foot
180 from passing through or being entrapped by the flooring. A
181 retail pet store shall clean all primary enclosures daily, or as
182 often as necessary to prevent accumulation of body waste, and
183 keep a daily sanitation log.
184 (b) An isolation enclosure with separate ventilation which
185 allows a household pet to be kept separately from other pets
186 while under veterinarian-directed isolation.
187 (c) Climate control that ensures that the ambient air
188 temperature of the store’s premises is kept between 67 and 78
189 degrees at all times. Retail pet stores shall keep daily logs of
190 the temperature. If, for any reason, the temperature falls
191 outside the required range, a corrective action record detailing
192 steps taken to adjust the temperature must be kept.
193 (d) A Florida-licensed veterinarian who visits the retail
194 pet store at least twice a week to observe the condition of the
195 pets’ health and overall well-being.
196 (e) An enrichment program for puppies which consists of
197 exercise and socialization for at least two 30-minute periods
198 each day. A retail pet store must keep a log for each puppy of
199 the daily activities that the puppy participates in as part of
200 the program.
201 (f) A photograph or digital image and video footage
202 depicting each breeding facility from which the retail pet store
203 acquires household pets.
204 Section 6. Section 468.909, Florida Statutes, is created to
205 read:
206 468.909 Inspections.—
207 (1)(a) At least annually, the department shall inspect each
208 retail pet store that is subject to licensure to ensure
209 compliance with this part and with rules adopted under this
210 part, including, but not limited to, an audit of the records
211 that the licensee maintains pursuant to s. 468.907(3)(e) and
212 (4).
213 (b) The department also may conduct an inspection upon
214 receipt of a complaint or other information alleging a violation
215 of this part or rules adopted under this part.
216 (2) The department shall establish procedures for
217 conducting inspections and making records of inspections.
218 Inspections shall be conducted during regular business hours in
219 accordance with the department’s procedures and may be conducted
220 without prior notice. A record of each inspection must be
221 maintained by the department in accordance with such procedures.
222 (3) The department may enter into a contract or an
223 agreement with one or more veterinarians to conduct inspections
224 under this section. Such veterinarians must be independent and
225 may not be affiliated with an animal rights advocacy
226 organization.
227 Section 7. Section 468.911, Florida Statutes, is created to
228 read:
229 468.911 Administrative remedies; penalties.—
230 (1) The department shall deny an application for issuance
231 or renewal of a retail pet store license if:
232 (a) The licensee or applicant violates this part or any
233 rule or order issued under this part, if the violation
234 materially threatens the health or welfare of a household pet;
235 or
236 (b) The licensee or applicant, in the past 20 years, has
237 been convicted of or pled guilty or nolo contendere to,
238 regardless of adjudication, a misdemeanor or felony under
239 chapter 828 or a misdemeanor or felony under chapter 741
240 involving an act of domestic violence.
241 (2) The department may enter an order doing one or more of
242 the following if the department finds that the owner of a retail
243 pet store, or a person employed or contracted by a retail pet
244 store about whom the owner knows or reasonably should have
245 known, has violated or is operating in violation of this part or
246 any rule or order issued pursuant to this part:
247 (a) Issuing a notice of noncompliance under s. 120.695.
248 (b) Imposing an administrative fine for each act or
249 omission, not to exceed the following amounts:
250 1. For a first violation, $250.
251 2. For a second violation, $500.
252 3. For a third or subsequent violation, $1,000.
253
254 Each day that a violation continues constitutes a separate
255 violation.
256 (c) Directing that the person cease and desist specified
257 activities.
258 (d) Refusing to issue or renew a license or revoking or
259 suspending a license.
260 (e) Placing the licensee on probation, subject to the
261 conditions specified by the department.
262 (3) The administrative proceedings that could result in the
263 entry of an order imposing any of the penalties specified in
264 subsection (1) or subsection (2) are governed by chapter 120.
265 (4) The department may adopt rules to administer this part.
266 Section 8. Section 468.913, Florida Statutes, is created to
267 read:
268 468.913 Civil penalties; remedies.—The department may bring
269 a civil action in a court of competent jurisdiction to recover
270 any penalties or damages authorized by this part and for
271 injunctive relief to enforce compliance with this part.
272 Section 9. Section 468.915, Florida Statutes, is created to
273 read:
274 468.915 Criminal penalties.—A person commits a misdemeanor
275 of the second degree, punishable as provided in s. 775.082 or s.
276 775.083, if he or she violates:
277 (1) Section 468.907(2) or (3), relating to unlawful
278 practices in the sale of household pets by retail pet stores; or
279 (2) Section 468.905(1) or (4), relating to operation of a
280 retail pet store without a license.
281 Section 10. Section 468.917, Florida Statutes, is created
282 to read:
283 468.917 Deposit of funds.—All moneys collected by the
284 department under this part from license fees or civil penalties
285 must be deposited into the department’s Professional Regulation
286 Trust Fund for use by the department for administration of this
287 part.
288 Section 11. Section 468.919, Florida Statutes, is created
289 to read:
290 468.919 Construction of part.—This part may not be
291 construed to prohibit or regulate the breeding, purchase, or
292 sale of hunting dogs, field trial dogs, sporting dogs, or cattle
293 dogs.
294 Section 12. Section 468.921, Florida Statutes, is created
295 to read:
296 468.921 Local regulation.—
297 (1) A county or municipal ordinance or regulation may not
298 prohibit or regulate the breeding, purchase, or sale of hunting
299 dogs, field trial dogs, sporting dogs, or cattle dogs.
300 (2)(a) A county or municipal ordinance or regulation, or an
301 amendment thereof, adopted on or after January 1, 2020, which
302 regulates retail pet stores or the breeding, purchase, or sale
303 of household pets may not impose any requirement more stringent
304 than those imposed under s. 468.907.
305 (b) This subsection does not affect any requirement of a
306 county or municipal ordinance or regulation in effect before
307 January 1, 2020, which prohibits or regulates retail pet stores
308 or the breeding, purchase, or sale of household pets and does
309 not affect a local government’s authority to levy a local
310 business tax pursuant to chapter 205.
311 Section 13. This act shall take effect July 1, 2020.
312
313 ================= T I T L E A M E N D M E N T ================
314 And the title is amended as follows:
315 Delete everything before the enacting clause
316 and insert:
317 A bill to be entitled
318 An act relating to the regulation of retail pet
319 stores; providing a directive to the Division of Law
320 Revision; creating s. 468.901, F.S.; providing a short
321 title; creating s. 468.903, F.S.; defining terms;
322 creating s. 468.905, F.S.; requiring the licensure of
323 retail pet stores; requiring the Department of
324 Business and Professional Regulation to adopt
325 procedures for such licensure; creating s. 468.907,
326 F.S.; defining the term “qualified breeder”;
327 regulating the sale or transfer of household pets by
328 retail pet stores; limiting the sources from which
329 retail pet stores may acquire pets for sale; providing
330 certain restrictions on the sale of household pets;
331 requiring certain documentation of the sources from
332 which retail pet stores acquire pets for sale;
333 providing requirements for the living conditions for
334 pets at retail pet stores; providing retail pet store
335 veterinarian, exercise, and socialization
336 requirements; creating s. 468.909, F.S.; requiring the
337 department to conduct periodic inspections of retail
338 pet stores and to audit sales records; requiring the
339 department to establish procedures for the inspections
340 and records of the inspections; authorizing contracts
341 with certain veterinarians to conduct inspections;
342 creating s. 468.911, F.S.; requiring the department to
343 deny a license under certain circumstances;
344 authorizing disciplinary action against licensees and
345 applicants for licensure under certain circumstances;
346 providing civil penalties; authorizing the department
347 to adopt rules; creating s. 468.913, F.S.; authorizing
348 civil actions for purposes of enforcement; creating s.
349 468.915, F.S.; providing criminal penalties for
350 specified violations; creating s. 468.917, F.S.;
351 requiring certain moneys to be deposited into the
352 department’s Professional Regulation Trust Fund;
353 creating s. 468.919, F.S.; providing construction;
354 creating s. 468.921, F.S.; providing applicability to
355 county and municipal ordinances and regulations;
356 providing an effective date.