Florida Senate - 2026 SB 1004
By Senator Gaetz
1-01124-26 20261004__
1 A bill to be entitled
2 An act relating to the sale of dogs and cats; amending
3 s. 828.29, F.S.; requiring that if a pet sale is
4 terminated for certain reasons, the financing
5 agreement must be terminated without certain costs;
6 deleting a limit on veterinary costs under certain
7 provisions; requiring that all financial terms be
8 disclosed to the consumer before the sale of the
9 animal; requiring a specified mandatory waiting period
10 between the purchase and receipt of an animal if the
11 transaction is financed by the consumer; deleting
12 certain provisions relating to a consumer’s waiver
13 relinquishing his or her rights to return an animal;
14 requiring a pet dealer to provide copies of specified
15 medical records to a consumer; revising requirements
16 for a required notice to a consumer; revising the text
17 of the required notice; requiring a pet dealer to
18 retain a copy of a specified notice for a specified
19 period; providing that violations constitute an unfair
20 method of competition or an unfair or deceptive act or
21 practice in violation of specified provisions and
22 subject to penalties; providing construction;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (5) through (8), (10), (12), and
28 (17) of section 828.29, Florida Statutes, are amended, and
29 subsections (18), (19), and (20) are added to that section, to
30 read:
31 828.29 Dogs and cats transported or offered for sale;
32 health requirements; consumer guarantee; disclosures.—
33 (5) If, within 14 days after following the sale by a pet
34 dealer of an animal subject to this section, a licensed
35 veterinarian of the consumer’s choosing certifies that, at the
36 time of the sale, the animal was unfit for purchase due to
37 illness or disease, the presence of symptoms of a contagious or
38 infectious disease, or the presence of internal or external
39 parasites, excluding fleas and ticks; or if, within 1 year
40 following the sale of an animal subject to this section, a
41 licensed veterinarian of the consumer’s choosing certifies such
42 animal to be unfit for purchase due to a congenital or
43 hereditary disorder which adversely affects the health of the
44 animal; or if, within 1 year following the sale of an animal
45 subject to this section, the breed, sex, or health of such
46 animal is found to have been misrepresented to the consumer, the
47 pet dealer shall afford the consumer the right to choose one of
48 the following options:
49 (a) The right to return the animal and receive a refund of
50 the purchase price, including the sales tax, and reimbursement
51 for reasonable veterinary costs directly related to the
52 veterinarian’s examination and certification that the dog or cat
53 is unfit for purchase pursuant to this section and directly
54 related to necessary emergency services and treatment undertaken
55 to relieve suffering. If the consumer financed the animal, the
56 pet dealer must ensure that the financing arrangement is
57 terminated without penalty to the consumer;
58 (b) The right to return the animal and receive an exchange
59 dog or cat of the consumer’s choice of equivalent value, and
60 reimbursement for reasonable veterinary costs directly related
61 to the veterinarian’s examination and certification that the dog
62 or cat is unfit for purchase pursuant to this section and
63 directly related to necessary emergency services and treatment
64 undertaken to relieve suffering; or
65 (c) The right to retain the animal and receive
66 reimbursement for reasonable veterinary costs for necessary
67 services and treatment related to the attempt to cure or curing
68 of the dog or cat.
69
70 Reimbursement for veterinary costs may not exceed the purchase
71 price of the animal. The cost of veterinary services is
72 reasonable if comparable to the cost of similar services
73 rendered by other licensed veterinarians in proximity to the
74 treating veterinarian and the services rendered are appropriate
75 for the certification by the veterinarian.
76 (6) All financing terms must be disclosed to the consumer
77 before the sale of the animal. A mandatory waiting period of at
78 least 3 calendar days must be imposed between the date of an
79 agreement to purchase an animal and the date on which the
80 consumer takes possession of the animal, if the consumer is
81 financing the animal. A financing agreement may not be signed by
82 the consumer until the conclusion of the 3-day waiting period A
83 consumer may sign a waiver relinquishing his or her right to
84 return the dog or cat for congenital or hereditary disorders. In
85 the case of such waiver, the consumer has 48 normal business
86 hours, excluding weekends and holidays, in which to have the
87 animal examined by a licensed veterinarian of the consumer’s
88 choosing. If the veterinarian certifies that, at the time of
89 sale, the dog or cat was unfit for purchase due to a congenital
90 or hereditary disorder, the pet dealer must afford the consumer
91 the right to choose one of the following options:
92 (a) The right to return the animal and receive a refund of
93 the purchase price, including sales tax, but excluding the
94 veterinary costs related to the certification that the dog or
95 cat is unfit; or
96 (b) The right to return the animal and receive an exchange
97 dog or cat of the consumer’s choice of equivalent value, but not
98 a refund of the veterinary costs related to the certification
99 that the dog or cat is unfit.
100 (7) Before the sale of an animal, a pet dealer must provide
101 to the consumer copies of records of all medical examinations or
102 tests that were conducted on the animal or any medication given
103 before the purchase of the animal. A pet dealer may specifically
104 state at the time of sale, in writing to the consumer, the
105 presence of specific congenital or hereditary disorders, in
106 which case the consumer has no right to any refund or exchange
107 for those disorders.
108 (8) The refund or exchange required by subsection (5) must
109 or subsection (6) shall be made by the pet dealer not later than
110 10 business days after following receipt of a signed veterinary
111 certification as required in subsection (5) or subsection (6).
112 The consumer must notify the pet dealer within 2 business days
113 after the veterinarian’s determination that the animal is unfit.
114 The written certification of unfitness must be presented to the
115 pet dealer not later than 3 business days after following
116 receipt thereof by the consumer.
117 (10) If a pet dealer wishes to contest a demand for
118 veterinary expenses, refund, or exchange made by a consumer
119 under this section, the dealer may require the consumer to
120 produce the animal for examination by a licensed veterinarian
121 designated by the dealer. Upon such examination, if the consumer
122 and the dealer are unable to reach an agreement that constitutes
123 one of the options set forth in subsection (5) or subsection (6)
124 within 10 business days after following receipt of the animal
125 for such examination, the consumer may initiate an action in a
126 court of competent jurisdiction to recover or obtain
127 reimbursement of veterinary expenses, refund, or exchange.
128 (12) Every pet dealer who sells an animal to a consumer
129 shall must provide the consumer at the time of sale with a
130 printed, written notice to be signed by the consumer, printed or
131 typed, which is separate from the contract and reads as follows:
132
133 RIGHT TO CANCEL
134 Florida consumers have certain rights under s. 828.29, Florida
135 Statutes. You have the right to return or exchange the animal
136 and receive reimbursement for certain veterinary expenses. A
137 copy of this law is attached to this notice.
138
139 ...(Signature of Owner or Lessee, or Owner’s or Lessee’s
140 Authorized Officer/Director/Partner/Manager)...
141
142 ...(Signatory’s Title/Office)...
143
144 Sworn to (or affirmed) and subscribed before me this ....
145 day of ...., ...., by ...(name of person making statement)....
146 ...(Signature of Notary Public - State of Florida)...
147 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
148 Personally Known .... OR Produced Identification ....
149
150 The pet dealer shall retain a copy of the signed
151 notice, and the consumer must be given a copy of the
152 signed notice.
153 It is the consumer’s right, pursuant to section
154 828.29, Florida Statutes, to receive a certificate of
155 veterinary inspection with each dog or cat purchased
156 from a pet dealer. Such certificate shall list all
157 vaccines and deworming medications administered to the
158 animal and shall state that the animal has been
159 examined by a Florida-licensed veterinarian who
160 certifies that, to the best of the veterinarian’s
161 knowledge, the animal was found to have been healthy
162 at the time of the veterinary examination. In the
163 event that the consumer purchases the animal and finds
164 it to have been unfit for purchase as provided in
165 section 828.29(5), Florida Statutes, the consumer must
166 notify the pet dealer within 2 business days of the
167 veterinarian’s determination that the animal was
168 unfit. The consumer has the right to retain, return,
169 or exchange the animal and receive reimbursement for
170 certain related veterinary services rendered to the
171 animal, subject to the right of the dealer to have the
172 animal examined by another veterinarian.
173
174 (17) Except as otherwise provided in this chapter, a person
175 who violates any provision of this section commits a misdemeanor
176 of the first degree, punishable as provided in s. 775.082 or s.
177 775.083.
178 (18) Any record provided to a consumer pursuant to the sale
179 of an animal under this section must be maintained by the pet
180 dealer for a period of at least 7 years after the sale.
181 (19) A pet dealer who violates this section commits an
182 unfair method of competition or an unfair or deceptive act or
183 practice in violation of part II of chapter 501 and is subject
184 to the penalties and remedies provided for such violations.
185 (20) In addition to any other penalties or remedies
186 provided by law, a consumer injured by a violation of this
187 section may bring a civil action to recover damages or punitive
188 damages, including costs, court costs, and attorney fees. This
189 section does not limit any right or remedy provided under law.
190 Section 2. This act shall take effect July 1, 2026.