Florida Senate - 2023                                     SB 932
       By Senator Book
       35-01774-23                                            2023932__
    1                        A bill to be entitled                      
    2         An act relating to animal welfare; creating s.
    3         316.20045, F.S.; prohibiting a person from taking
    4         specified actions relating to the transportation of
    5         dogs on public roadways; providing requirements for
    6         transporting a dog in a motor vehicle or in the open
    7         bed of a pickup truck; providing a penalty; amending
    8         s. 474.214, F.S.; providing that a veterinarian who
    9         performs a prohibited declawing is subject to certain
   10         disciplinary actions; creating s. 499.075, F.S.;
   11         providing a short title; defining terms; prohibiting a
   12         manufacturer from manufacturing, importing for profit,
   13         selling, or offering for sale in this state a cosmetic
   14         developed or manufactured using cosmetic animal
   15         testing conducted or contracted by certain persons or
   16         from conducting or contracting for cosmetic animal
   17         testing; providing exceptions; providing labeling
   18         requirements for specified cosmetics; providing
   19         enforcement and civil penalties; creating s. 828.095,
   20         F.S.; defining terms; prohibiting a person from
   21         performing a declawing on a cat within this state;
   22         providing an exception; providing a civil penalty;
   23         providing that a veterinarian who performs a
   24         prohibited declawing is subject to disciplinary action
   25         by the Board of Veterinary Medicine; amending ss.
   26         828.12 and 828.126, F.S.; authorizing courts, as a
   27         condition of probation, to prohibit persons convicted
   28         of certain animal cruelty or sexual activity with an
   29         animal violations, respectively, from having certain
   30         responsibilities for or associations with an animal;
   31         creating s. 828.132, F.S.; providing a short title;
   32         defining the term “tether”; prohibiting the tethering
   33         of domestic dogs and cats; providing exceptions;
   34         providing applicability; providing civil penalties;
   35         providing for enforcement; providing construction;
   36         creating s. 828.44, F.S.; prohibiting the sale of
   37         rabbits in specified locations and during specified
   38         months; specifying unlawful acts relating to the sale,
   39         offer for sale, and the giving away of as
   40         merchandising premiums of certain rabbits; providing
   41         requirements for rabbits offered for sale at retail
   42         pet stores; requiring retail pet stores to maintain
   43         and make available specified records; requiring local
   44         authorities to retrieve, return, and place abandoned
   45         rabbits in a specified manner; authorizing specified
   46         officials to enter retail pet stores and conduct
   47         compliance inspections; prohibiting persons from
   48         refusing or interfering with such inspections;
   49         providing criminal penalties; providing applicability;
   50         creating s. 943.0425, F.S.; defining terms; requiring
   51         the Department of Law Enforcement to post on its
   52         website by a specified date a publicly accessible
   53         registry of persons convicted of animal abuse
   54         offenses; prohibiting the registry from including
   55         certain information; requiring the clerk of the court
   56         in each county to forward certain notice of a
   57         conviction for an animal abuse offense to the
   58         department within a specified timeframe; providing
   59         requirements for the registry; requiring the
   60         department to remove an abuser’s information from the
   61         registry under certain circumstances; specifying
   62         requirements for registered abusers; prohibiting
   63         specified acts by registered abusers; providing
   64         exceptions; authorizing the state to obtain a court
   65         order against a registered abuser for specified
   66         purposes; providing applicability; prohibiting certain
   67         persons and entities from knowingly selling,
   68         exchanging, or otherwise transferring the ownership of
   69         an animal to a registered abuser; providing
   70         exceptions; requiring such persons and entities to
   71         take certain steps before selling, exchanging, or
   72         transferring ownership of animals; requiring the
   73         maintenance of specified records; requiring the
   74         department to provide certain annual notice to
   75         specified entities; providing penalties for specified
   76         violations; providing construction; providing
   77         effective dates.
   79  Be It Enacted by the Legislature of the State of Florida:
   81         Section 1. Section 316.20045, Florida Statutes, is created
   82  to read:
   83         316.20045Transportation of dogs in motor vehicles.—
   84         (1)A person may not:
   85         (a)Hold a dog in his or her lap or allow a dog to be in
   86  such a position as to interfere with the person’s control over
   87  the driving mechanism of a motor vehicle while the person is
   88  operating the motor vehicle on a public roadway.
   89         (b)Ride with a dog positioned in front of him or her while
   90  the person is operating a motorcycle on a public roadway.
   91         (c)Allow a dog to extend its head or any other body part
   92  outside a motor vehicle window while the person is operating the
   93  motor vehicle on a public roadway.
   94         (d)Transport a dog at any time on the running board,
   95  fender, hood, or roof of a motor vehicle, in the trunk of a
   96  motor vehicle, or in an enclosed motor vehicle space intended
   97  for cargo.
   98         (e)Transport a dog at any time on a trailer that is being
   99  towed by a motor vehicle.
  100         (2)A dog being transported in a motor vehicle on a public
  101  roadway must be:
  102         (a)Secured in a crate that is an appropriate size for the
  103  dog;
  104         (b)Restrained safely with a harness or pet seat belt,
  105  other than a neck restraint, designed for use in a motor
  106  vehicle; or
  107         (c)Under the physical control of a person other than the
  108  operator of the motor vehicle.
  109         (3)A dog being transported in the open bed of a pickup
  110  truck must be restrained by the use of a dog crate that is:
  111         (a)Constructed to prevent the dog from escaping;
  112         (b)Constructed to allow the dog to have good footing,
  113  protection from inclement weather, protection from direct
  114  sunlight, and adequate ventilation;
  115         (c)Durable and maintained in good condition;
  116         (d)Large enough to allow the dog to turn around normally,
  117  stand and sit erect, and lie in a natural position; and
  118         (e)Secured to the pickup truck.
  119         (4)A person who violates this section commits a
  120  noncriminal traffic infraction, punishable as a moving violation
  121  as provided in chapter 318.
  122         Section 2. Paragraph (qq) is added to subsection (1) of
  123  section 474.214, Florida Statutes, and subsection (2) of that
  124  section is republished, to read:
  125         474.214 Disciplinary proceedings.—
  126         (1) The following acts shall constitute grounds for which
  127  the disciplinary actions in subsection (2) may be taken:
  128         (qq) Performing a declawing, as defined in s. 828.095,
  129  which is not necessary for a therapeutic purpose, as defined in
  130  s. 828.095.
  131         (2) When the board finds any applicant or veterinarian
  132  guilty of any of the grounds set forth in subsection (1),
  133  regardless of whether the violation occurred prior to licensure,
  134  it may enter an order imposing one or more of the following
  135  penalties:
  136         (a) Denial of certification for examination or licensure.
  137         (b) Revocation or suspension of a license.
  138         (c) Imposition of an administrative fine not to exceed
  139  $5,000 for each count or separate offense.
  140         (d) Issuance of a reprimand.
  141         (e) Placement of the veterinarian on probation for a period
  142  of time and subject to such conditions as the board may specify,
  143  including requiring the veterinarian to attend continuing
  144  education courses or to work under the supervision of another
  145  veterinarian.
  146         (f) Restricting the authorized scope of practice.
  147         (g) Imposition of costs of the investigation and
  148  prosecution.
  149         (h) Requiring the veterinarian to undergo remedial
  150  education.
  152  In determining appropriate action, the board must first consider
  153  those sanctions necessary to protect the public. Only after
  154  those sanctions have been imposed may the disciplining authority
  155  consider and include in its order requirements designed to
  156  rehabilitate the veterinarian. All costs associated with
  157  compliance with any order issued under this subsection are the
  158  obligation of the veterinarian.
  159         Section 3. Section 499.075, Florida Statutes, is created to
  160  read:
  161         499.075Cosmetic animal testing.—
  162         (1)SHORT TITLE.—This section may be cited as the “Humane
  163  Cosmetics Act.”
  164         (2)DEFINITIONS.—For the purposes of this section, the
  165  term:
  166         (a)“Cosmetic” means any article intended to be rubbed,
  167  poured, sprinkled, or sprayed on, introduced into, or otherwise
  168  applied to the human body or any part thereof for cleansing,
  169  beautifying, promoting attractiveness, or altering the
  170  appearance, including, but not limited to, personal hygiene
  171  products such as deodorant, shampoo, or conditioner.
  172         (b)“Cosmetic animal testing” means the internal or
  173  external application of a cosmetic in its final form or any
  174  ingredient used in the formulation of such cosmetic to the skin,
  175  eyes, or other body part of a live, nonhuman vertebrate.
  176  Reviewing, assessing, or retaining evidence from a cosmetic
  177  animal test does not constitute developing or manufacturing a
  178  cosmetic using animal testing for purposes of this section.
  179         (c)“Ingredient” means any single chemical entity or
  180  mixture used as a component in the manufacture of a cosmetic
  181  product.
  182         (d)“Manufacturer” means any person whose name appears on
  183  the label of a cosmetic pursuant to the requirements of 21
  184  C.F.R. s. 701.12 as those requirements existed on July 1, 2023.
  185         (e)“Supplier” means an entity that supplies, directly or
  186  through a third party, any ingredient used in the formulation of
  187  a manufacturer’s cosmetic.
  188         (3)PROHIBITION.—Except as provided in subsection (4), a
  189  manufacturer may not perform any of the following acts in this
  190  state:
  191         (a)Manufacture, import for profit, sell, or offer for sale
  192  a cosmetic developed or manufactured using cosmetic animal
  193  testing conducted or contracted by the manufacturer or any
  194  supplier of the manufacturer.
  195         (b)Conduct or contract for cosmetic animal testing.
  196         (4)EXCEPTIONS.—The prohibitions under subsection (3) do
  197  not apply if cosmetic animal testing is conducted to comply with
  198  any of the following:
  199         (a)A requirement of a federal or state law or regulation,
  200  if all of the following apply:
  201         1.The ingredient is in wide use and cannot be replaced by
  202  another ingredient capable of performing a similar function.
  203         2.A specific human health problem is substantiated, and
  204  the need to conduct animal tests is justified and supported by a
  205  detailed research protocol proposed as the basis for the
  206  evaluation.
  207         3.There is no nonanimal alternative method accepted for
  208  the relevant endpoint by the relevant federal or state
  209  authority.
  210         (b)Chapter V of the Federal Food, Drug, and Cosmetic Act.
  211         (c)A requirement of a foreign regulatory authority, if
  212  evidence derived from such testing was not relied upon to
  213  substantiate the safety of the cosmetic sold in this state by
  214  the manufacturer.
  215         (d)For noncosmetic purposes, a requirement of a federal,
  216  state, or foreign regulatory authority, if evidence derived from
  217  such testing was not relied upon to substantiate the safety of
  218  the cosmetic sold in this state by the manufacturer.
  219         (5)LABELING.—For a cosmetic on which animal testing has
  220  been conducted pursuant to subsection (4), a manufacturer shall
  221  include the following statement legibly printed on the label or
  222  packaging of the cosmetic: “This product or an ingredient used
  223  in the formulation of this product has been tested on animals.”
  224         (6)ENFORCEMENT AND PENALTIES.—A person who violates this
  225  section is subject to a civil penalty of $5,000 and an
  226  additional $1,000 for each day he or she continues to violate
  227  this section. A violation of this section may be enforced by the
  228  Attorney General, a state attorney, or the city attorney or
  229  county attorney of the city or county in which the violation
  230  occurred. The civil penalty must be remitted to the entity
  231  authorized to bring an action to enforce such penalty.
  232         Section 4. Section 828.095, Florida Statutes, is created to
  233  read:
  234         828.095Prohibition on the declawing of cats; penalty.—
  235         (1)DEFINITIONS.—As used in this section, the term:
  236         (a)“Declawing” means any of the following:
  237         1.An onychectomy, dactylectomy, phalangectomy, partial
  238  digital amputation, or any other surgical procedure by which a
  239  portion of a cat’s paw is amputated to remove the cat’s claw.
  240         2.A tendonectomy or another surgical procedure by which
  241  the tendons of a cat’s limbs, paws, or toes are cut or modified
  242  so that the cat’s claws cannot be extended.
  243         3.Any other procedure that prevents the normal functioning
  244  of a cat’s claws.
  245         (b)“Therapeutic purpose” means the necessity of addressing
  246  the physical medical condition of a cat, such as an existing or
  247  recurring illness, infection, disease, injury, or abnormal
  248  condition of the cat which compromises the cat’s health. The
  249  term does not include a cosmetic or aesthetic reason or reasons
  250  of convenience for keeping or handling the cat.
  251         (2)PROHIBITION.—A person may not perform a declawing by
  252  any means on a cat within this state unless the procedure is
  253  necessary for a therapeutic purpose.
  254         (3)PENALTIES.—
  255         (a)A person, other than a veterinarian licensed under
  256  chapter 474, who violates this section is subject to a civil
  257  penalty of up to $1,000 for each violation.
  258         (b)A veterinarian licensed under chapter 474 who violates
  259  this section is subject to disciplinary action by the Board of
  260  Veterinary Medicine pursuant to s. 474.214(2).
  261         (c)Each incident in which a cat is declawed or partially
  262  declawed in violation of this section constitutes a separate
  263  violation.
  264         Section 5. Subsection (2) of section 828.12, Florida
  265  Statutes, is amended to read:
  266         828.12 Cruelty to animals.—
  267         (2) A person who intentionally commits an act to any
  268  animal, or a person who owns or has the custody or control of
  269  any animal and fails to act, which results in the cruel death,
  270  or excessive or repeated infliction of unnecessary pain or
  271  suffering, or causes the same to be done, commits aggravated
  272  animal cruelty, a felony of the third degree, punishable as
  273  provided in s. 775.082 or by a fine of not more than $10,000, or
  274  both.
  275         (a) A person convicted of a violation of this subsection,
  276  where the finder of fact determines that the violation includes
  277  the knowing and intentional torture or torment of an animal that
  278  injures, mutilates, or kills the animal, shall be ordered to pay
  279  a minimum mandatory fine of $2,500 and undergo psychological
  280  counseling or complete an anger management treatment program.
  281         (b) A person convicted of a second or subsequent violation
  282  of this subsection shall be required to pay a minimum mandatory
  283  fine of $5,000 and serve a minimum mandatory period of
  284  incarceration of 6 months. In addition, the person shall be
  285  released only upon expiration of sentence, is not eligible for
  286  parole, control release, or any form of early release, and must
  287  serve 100 percent of the court-imposed sentence. Any plea of
  288  nolo contendere shall be considered a conviction for purposes of
  289  this subsection.
  290         (c)As a condition of probation, a court may prohibit a
  291  person who violates this subsection from owning, possessing,
  292  maintaining, having custody of, residing with, or caring for an
  293  animal.
  294         Section 6. Effective October 1, 2023, section 828.126,
  295  Florida Statutes, is amended to read:
  296         828.126 Sexual activities involving animals.—
  297         (1) As used in this section, the term “sexual contact with
  298  an animal” means any act committed between a person and an
  299  animal for the purpose of sexual gratification, abuse, or
  300  financial gain which involves:
  301         (a) Contact between the sex organ or anus of one and the
  302  mouth, sex organ, or anus of the other;
  303         (b) The fondling of the sex organ or anus of an animal; or
  304         (c) The insertion, however slight, of any part of the body
  305  of a person or any object into the vaginal or anal opening of an
  306  animal, or the insertion of any part of the body of an animal
  307  into the vaginal or anal opening of a person.
  308         (2) A person may not:
  309         (a) Knowingly engage in any sexual contact with an animal;
  310         (b) Knowingly cause, aid, or abet another person to engage
  311  in any sexual contact with an animal;
  312         (c) Knowingly permit any sexual contact with an animal to
  313  be conducted on any premises under his or her charge or control;
  314         (d) Knowingly organize, promote, conduct, aid, abet,
  315  participate in as an observer, or advertise, offer, solicit, or
  316  accept an offer of an animal for the purpose of sexual contact
  317  with such animal, or perform any service in the furtherance of
  318  an act involving any sexual contact with an animal; or
  319         (e) Knowingly film, distribute, or possess any pornographic
  320  image or video of a person and an animal engaged in any of the
  321  activities prohibited by this section.
  322         (3) A person who violates this section commits a felony of
  323  the third degree, punishable as provided in s. 775.082, s.
  324  775.083, or s. 775.084.
  325         (4) In addition to other penalties prescribed by law, the
  326  court shall issue an order prohibiting a person convicted under
  327  this section from harboring, owning, possessing, or exercising
  328  control over any animal; from residing in any household in which
  329  animals are present; and from engaging in an occupation, whether
  330  paid or unpaid, or participating in a volunteer position at any
  331  establishment at which animals are present. The order may be
  332  effective for up to 5 years after the date of the conviction,
  333  regardless of whether adjudication is withheld.
  334         (5) As a condition of probation, a court may prohibit a
  335  person who violates this section from owning, possessing,
  336  maintaining, having custody of, residing with, or caring for an
  337  animal.
  338         (6) This section does not apply to accepted animal
  339  husbandry practices, including, but not limited to, bona fide
  340  agricultural purposes, assistance with the birthing process or
  341  artificial insemination of an animal for reproductive purposes,
  342  accepted conformation judging practices, or accepted veterinary
  343  medical practices.
  344         Section 7. Section 828.132, Florida Statutes, is created to
  345  read:
  346         828.132Tethering of domestic dogs and cats.—
  347         (1)This section may be cited as the “Penny Bautista Act.”
  348         (2)As used in this section, the term “tether” means to tie
  349  a domestic dog or a domestic cat to a stationary or inanimate
  350  object with a rope, a chain, or another means to restrict,
  351  confine, or restrain the animal’s movement.
  352         (3)(a)A person may not tether a domestic dog or a domestic
  353  cat unless the person is physically present with and attending
  354  to the dog or cat and the dog or cat remains visible to the
  355  person at all times while tethered.
  356         (b)A person may not tether a domestic dog or a domestic
  357  cat outdoors during severe weather, including, but not limited
  358  to, extreme heat or cold, thunderstorms, lightning, tornadoes,
  359  tropical storms, or hurricanes.
  360         (4)Paragraph (3)(a) does not apply to tethering a domestic
  361  dog or a domestic cat in a manner that does not jeopardize its
  362  health, safety, or well-being when doing any of the following:
  363         (a)Attending or participating in a legal, organized public
  364  event at which the dog or cat and the person are authorized
  365  attendees or participants.
  366         (b)Actively engaging in conduct directly related to the
  367  business of shepherding or herding cattle or livestock or
  368  related to the business of cultivating agricultural products and
  369  tethering is reasonably necessary for the animal’s safety.
  370         (c)Being treated by a veterinarian or serviced by a
  371  groomer.
  372         (d)Being trained for or actively serving in a law
  373  enforcement capacity.
  374         (e)Being lawfully used to actively hunt a species of
  375  wildlife in this state during the hunting season for that
  376  species of wildlife.
  377         (f)Being cared for as part of a rescue operation during a
  378  natural or manmade disaster.
  379         (g)Temporarily being tethered by the staff of a public or
  380  private animal shelter; a humane organization; an animal control
  381  agency operated by a humane organization or a county; a
  382  municipality or other incorporated political subdivision; or a
  383  licensed commercial boarding facility for a period of time no
  384  longer than necessary to accomplish a task such as bathing,
  385  medical care, or any other short-term valid purpose for its
  386  safety or the safety of other animals or staff.
  387         (h)Being restrained in accordance with the regulations of
  388  a camping or recreational area.
  389         (5)A person who tethers a domestic dog or a domestic cat
  390  in violation of this section commits a noncriminal violation as
  391  defined in s. 775.08(3) and is subject to the following
  392  penalties:
  393         (a)For a first offense, a written warning.
  394         (b)For a second offense, a fine of $250.
  395         (c)For a third or subsequent offense, a fine of $500.
  396         (6)This section shall be enforced pursuant to s. 828.073.
  397         (7)This section does not limit the authority of any local
  398  government to adopt or enforce an ordinance that is more
  399  restrictive or that imposes greater penalties than this section.
  400         Section 8. Section 828.44, Florida Statutes, is created to
  401  read:
  402         828.44Pet rabbits.—
  403         (1)The sale of rabbits is prohibited:
  404         (a)On any public or private streets and rights-of-way,
  405  within 50 feet of any right-of-way, at any flea market, in
  406  private parking lots, or at any open-air venue, such as parades,
  407  concerts, and festivals.
  408         (b)In retail pet stores during the months of March and
  409  April. During the months of March and April, retail stores shall
  410  keep rabbits in a separate area, off the sales floor and out of
  411  view of the public, and label each cage, kennel, or enclosure
  412  with signage indicating that the rabbits are not for sale until
  413  May 1.
  414         (2)It is unlawful to sell, offer for sale, or give away as
  415  a merchandising premium any rabbit under 2 months of age to be
  416  used as a pet, toy, or retail premium. Rabbits under 2 months of
  417  age may not be kept on the premises of a retail pet store.
  418         (3)Each rabbit offered for sale at a retail pet store
  419  must:
  420         (a)Be kept one per cage, kennel, or enclosure to avoid
  421  unwanted pregnancies. The cage, kennel, or enclosure must be
  422  kept clean and dry and may not have wire floors.
  423         (b)Have proper food, water, and hay for digestion at all
  424  times.
  425         (c)Have signage posted on the cage, kennel, or enclosure
  426  which includes the date of birth; name, city, and state of the
  427  breeder; and microchip number of the rabbit.
  428         (d)Be microchipped and have its microchip registered with
  429  the name, city, and state of the retail pet store and breeder.
  430         (4)(a)Each retail pet store shall maintain records
  431  documenting the source of each rabbit acquired by the retail pet
  432  store. The records must:
  433         1.Include a certificate of source and veterinary
  434  inspection;
  435         2.Be located in close proximity to the rabbit enclosure;
  436  and
  437         3.Be available for review by potential purchasers.
  438         (b)Records must be kept for at least 2 years following the
  439  date of acquisition and must be made available, immediately upon
  440  request, to any police officer, code enforcement officer, animal
  441  control officer, humane law enforcement officer, or other
  442  investigating official.
  443         (5)Abandoned rabbits must be retrieved by local
  444  authorities, and if an owner is not found, the rabbit must be
  445  returned to the retail store that registered the microchip. If
  446  the retail store is no longer in business, the rabbit must be
  447  returned to the breeder. If the breeder is no longer in
  448  business, authorities must find a legitimate rabbit rescue or
  449  animal shelter to care for the rabbit.
  450         (6)A city, county, or any investigating official may enter
  451  the premises of any retail pet store during regular business
  452  hours to conduct reasonable inspections to ensure and verify
  453  compliance with this section. A person may not refuse or
  454  interfere with a lawful inspection of a retail pet store by
  455  investigating officials.
  456         (7)A person who violates this section commits a
  457  misdemeanor of the second degree, punishable as provided in s.
  458  775.082 or s. 775.083.
  459         (8)This section does not apply to rabbits raised for:
  460         (a)Agricultural purposes by persons with proper facilities
  461  to care for them.
  462         (b)Livestock exhibitions.
  463         (c)Future Farmers of America or 4-H activities.
  464         Section 9. Effective October 1, 2023, section 943.0425,
  465  Florida Statutes, is created to read:
  466         943.0425Animal abuser registration.—
  467         (1)As used in this section, the term:
  468         (a)“Abuser” or “animal abuser” means an adult as defined
  469  in s. 985.03 who has been convicted in this state of committing
  470  an animal abuse offense.
  471         (b)“Animal” means a dog of the species Canis familiaris, a
  472  cat of the species Felis catus, a pet normally maintained in or
  473  near the household of its owner, a domesticated animal,
  474  previously captured wildlife, an exotic animal, or any other
  475  pet, including, but not limited to, a rabbit, chick, duck, or
  476  potbellied pig.
  477         (c)“Animal abuse offense” means a violation of:
  478         1.Section 828.12, relating to cruelty to animals.
  479         2.Section 828.122, relating to fighting or baiting
  480  animals.
  481         3.Section 828.123, relating to killing a dog or cat with
  482  the intent to sell or give away its pelt.
  483         4.Section 828.125, relating to killing or aggravated abuse
  484  of horses or cattle.
  485         5.Section 828.126, relating to sexual activities involving
  486  animals.
  487         6.Section 828.13, relating to confinement of animals
  488  without sufficient food, water, or exercise or abandonment of an
  489  animal.
  490         (d)“Companion animal” means a domesticated or tamed animal
  491  intended to provide companionship, to be used for personal use
  492  or enjoyment, or to be raised for nonagricultural purposes. The
  493  term does not include a service animal or any other animal or
  494  wildlife under the exclusive jurisdiction of the state.
  495         (e)“Conviction” has the same meaning as in s. 775.21(2).
  496         (f)“Farm animal” means a horse or an animal used in the
  497  production of human or animal food, feed, or fiber, regardless
  498  of whether the horse or animal is used or raised for such
  499  purposes.
  500         (g)“Pet dealer” means:
  501         1.A pet dealer as defined in s. 828.29(13); or
  502         2.An animal shelter, a humane organization, or an animal
  503  control agency operated by a humane organization that receives
  504  funds from the state or from a political subdivision of the
  505  state and that, in the ordinary course of business, engages in
  506  the sale or adoption of animals.
  507         (h)“Registered breed association” means an association
  508  formed and perpetuated for the maintenance of records of
  509  purebreeding of a specific breed of animals whose
  510  characteristics are set forth in constitutions, bylaws, or other
  511  rules of the association.
  512         (i)“Service animal” means a dog or miniature horse that
  513  has been individually trained to do work or perform tasks for a
  514  person with a disability as defined in the Americans with
  515  Disabilities Act, 42 U.S.C. s. 12102.
  516         (2)(a)Beginning on January 1, 2024, the department shall
  517  post a publicly accessible animal abuser registry on its website
  518  which includes each person convicted of an animal abuse offense
  519  on or after that date.
  520         (b)1.The registry must include all of the information
  521  specified in paragraph (3)(a).
  522         2.The registry may not include the abuser’s social
  523  security number, driver license number, or any other state or
  524  federal identification number.
  525         (c)The clerk of the court in each county shall forward a
  526  copy of the judgment and date of birth of each abuser to the
  527  department within 30 calendar days after the date of the
  528  abuser’s conviction.
  529         (d)The registry must include the required information
  530  about each abuser from the date of his or her release from
  531  incarceration or, if he or she is not incarcerated, from the
  532  date of his or her conviction:
  533         1.For a period of 3 years for a first conviction of a
  534  misdemeanor animal abuse offense.
  535         2.For a period of 5 years for a first conviction of a
  536  felony animal abuse offense.
  537         3.For a period of 10 years for a second or subsequent
  538  conviction of a misdemeanor or felony animal abuse offense.
  539         (e)Upon receiving a notification that the criminal records
  540  of an abuser have been expunged or that a registered abuser has
  541  successfully appealed his or her conviction of an animal abuse
  542  offense, the department shall remove the registered abuser’s
  543  information from the registry within 10 business days.
  544         (3)An abuser must:
  545         (a)Register with the department by personally appearing at
  546  the sheriff’s office in the county in which he or she resides
  547  and providing all of the following information:
  548         1.His or her legal name and any aliases he or she may be
  549  known by, current or anticipated residence address, and date of
  550  birth.
  551         2.A photograph of the front of his or her head and
  552  shoulders.
  553         3.A copy of his or her judgment to confirm the animal
  554  abuse offense, the date of his or her conviction, and the
  555  sentence imposed upon him or her.
  556         (b)Personally appear at the sheriff’s office in the county
  557  in which he or she resides to update his or her registry
  558  information within 10 business days after any change in his or
  559  her residence address or name.
  560         (c)Personally appear at the sheriff’s office in the county
  561  in which he or she resides to renew his or her registration
  562  information annually on the anniversary date of his or her
  563  initial registration or, if the anniversary date falls on a
  564  Saturday, Sunday, or legal holiday, on the first business day
  565  following the anniversary date. At such time, the registered
  566  abuser’s photograph and information must be reviewed to verify
  567  accuracy.
  568         (4)(a)A registered abuser may not own, possess, or reside
  569  in the same residence with or on the same property as an animal
  570  unless authorized to do so in a court order.
  571         (b)A registered abuser may not work with a companion
  572  animal, with or without compensation, unless authorized to do so
  573  in a court order.
  574         (c)The state may, at any time it deems necessary, enforce
  575  or, notwithstanding any other court order, obtain a court order
  576  enjoining a registered abuser from owning, possessing, or
  577  residing in the same residence with or on the same property as
  578  an animal or working with a companion animal, with or without
  579  compensation.
  580         (d)This subsection does not apply to farm animals or
  581  service animals unless there is an enjoinment order or an animal
  582  abuse offense pertaining directly to farm animals or service
  583  animals.
  584         (5)(a)A pet dealer, a person, or an entity located in this
  585  state may not knowingly sell, exchange, or otherwise transfer
  586  the ownership of an animal to a registered abuser.
  587         (b)Before the sale, exchange, or other transfer of the
  588  ownership of an animal, the pet dealer, person, or entity shall
  589  take steps necessary to ensure that the animal is not being
  590  sold, exchanged, or otherwise transferred to a registered
  591  abuser, including, but not limited to:
  592         1.When possible, posting in well-trafficked, highly
  593  visible areas for public viewing and in employee stock or break
  594  areas current signage displaying registered abusers.
  595         2.Notifying law enforcement upon recognizing a registered
  596  abuser who obtained an animal in violation of this section.
  597         3.Requiring a person to sign an affidavit attesting that
  598  he or she is not a registered abuser before obtaining an animal.
  599         4.Checking the registry on the department’s website.
  600         (c)To ensure compliance with this section, the pet dealer,
  601  person, or entity shall maintain the required affidavits and
  602  other records and supporting documentation for 3 years or in
  603  accordance with the required retention time set forth by
  604  business standards and practices governing a particular
  605  commercial establishment’s records, whichever is greater. The
  606  state and its authorized agents, including county and municipal
  607  enforcement agencies, may examine all such records and
  608  documentation relating to compliance with this section.
  609         (d)This subsection does not apply to farm animals or
  610  service animals.
  611         (6)Beginning in 2025, the department shall annually notify
  612  the leading registered breed associations for animals covered by
  613  this section that an animal abuser registry exists and encourage
  614  such associations to urge their members not to sell, exchange,
  615  or otherwise transfer the ownership of an animal to a registered
  616  abuser. The notice may be in electronic form.
  617         (7)The department shall annually notify, in written or
  618  electronic form, all pet dealers of all of the following:
  619         (a)That an animal abuser registry maintained by the
  620  department exists.
  621         (b)When new registered abusers are added to the registry.
  622         (8)(a)An abuser who is required to do any of the following
  623  but who fails to do so commits a misdemeanor of the second
  624  degree, punishable as provided in s. 775.082 or s. 775.083:
  625         1.Initially register with the department.
  626         2.Update changes to his or her residence address or name
  627  with the registry.
  628         3.Annually renew his or her registry information.
  629         4.Comply with the prohibition on contact with certain
  630  animals.
  631         5.Comply with a court-issued enjoinment order under this
  632  section.
  633         (b)Each day that an abuser continues to violate this
  634  subsection constitutes a separate violation.
  635         (9)(a)A pet dealer, a person, or an entity that knowingly
  636  sells, exchanges, or otherwise transfers the ownership of an
  637  animal to a registered abuser in violation of this section is
  638  subject to the following penalties:
  639         1.For the first offense, a written warning.
  640         2.For a second offense, a fine of up to $500.
  641         (b)A pet dealer, a person, or an entity that commits a
  642  third or subsequent violation commits a misdemeanor of the
  643  second degree, punishable as provided in s. 775.082 or s.
  644  775.083.
  645         (10)Subsections (8) and (9) do not prevent the state from
  646  taking such other lawful action in law and equity as may be
  647  necessary to remedy any violation of, or refusal to comply with,
  648  any part of this section, including, but not limited to, pursuit
  649  of injunctive or declaratory relief or enjoinment, or other
  650  equitable relief in a court of competent jurisdiction, or
  651  initiating an action to recover damages that may result from a
  652  violation of, or refusal to comply with, this section.
  653         Section 10. Except as otherwise expressly provided in this
  654  act, this act shall take effect July 1, 2023.