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. 78 79 Be It Enacted by the Legislature of the State of Florida: 80 81 Section 1. Section 316.20045, Florida Statutes, is created 82 to read: 83 316.20045 Transportation 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. 151 152 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: 161 499.075 Cosmetic 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: 234 828.095 Prohibition 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: 346 828.132 Tethering 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: 402 828.44 Pet 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: 466 943.0425 Animal 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.