Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1698
       
       
       
       
       
       
                                Ì706506&Î706506                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Innovation, Industry, and Technology (Diaz)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The Division of Law Revision is directed to
    6  create part XVII of chapter 468, Florida Statutes, consisting of
    7  ss. 468.901-468.919, Florida Statutes, to be entitled “Retail
    8  Pet Stores.”
    9         Section 2. Section 468.901, Florida Statutes, is created to
   10  read:
   11         468.901 Short title.—This part may be cited as the “Florida
   12  Pet Protection Act.”
   13         Section 3. Section 468.903, Florida Statutes, is created to
   14  read:
   15         468.903 Definitions.—As used in this part, the term:
   16         (1) “Animal rescue” means a nonprofit organization exempt
   17  from federal income taxation under s. 501(c)(3) of the Internal
   18  Revenue Code which keeps, houses, and maintains household pets
   19  and which is dedicated to the welfare, health, safety, and
   20  protection of such pets. The term includes an organization that
   21  offers spayed or neutered household pets for adoption and
   22  charges only reasonable adoption fees to cover the
   23  organization’s costs, including, but not limited to, costs
   24  related to spaying or neutering the pets.
   25         (2) “Animal shelter” means a public facility, or a private
   26  facility operated by a nonprofit organization that is exempt
   27  from federal income taxation under s. 501(c)(3) of the Internal
   28  Revenue Code, which keeps, houses, and maintains household pets,
   29  such as a county or municipal animal control agency or pound, a
   30  humane society, an animal welfare society, a society for the
   31  prevention of cruelty to animals, or another nonprofit
   32  organization devoted to the welfare, protection, and humane
   33  treatment of household pets.
   34         (3) “Department” means the Department of Business and
   35  Professional Regulation.
   36         (4) “Household pet” means a domestic dog or a domestic cat.
   37         (5) “Pet broker” means a person who buys, sells, or offers
   38  for sale household pets for resale to other persons, or who
   39  sells or gives one or more pets to a retail pet store, and who
   40  holds a valid Class B animal dealer license issued by the United
   41  States Department of Agriculture.
   42         (6) “Professional breeder” means a person who is required
   43  to be licensed as a Class A animal dealer by the United States
   44  Department of Agriculture.
   45         (7) “Retail pet store” means a retail store that sells or
   46  offers for sale household pets to the public. The term does not
   47  include an animal rescue; an animal shelter; or a breeder who
   48  sells or transfers, directly to the public, household pets bred
   49  and raised on the breeder’s premises.
   50         (8) “Veterinarian” means a health care practitioner
   51  licensed under chapter 474, or licensed out of state by the
   52  applicable entity in that state, to engage in the practice of
   53  veterinary medicine.
   54         Section 4. Section 468.905, Florida Statutes, is created to
   55  read:
   56         468.905 Licensure of retail pet stores.—
   57         (1) A person may not operate a retail pet store in this
   58  state without having a valid retail pet store license issued by
   59  the department in accordance with this section.
   60         (2) The department shall adopt procedures for the licensure
   61  of retail pet stores. An applicant for a retail pet store
   62  license shall apply to the department in a format prescribed by
   63  the department. Upon licensure, the department shall assign a
   64  unique license number for each licensed premises.
   65         (3) The department may establish annual license periods
   66  that are valid for 1 year and that may be renewed. An
   67  application for renewal of a license must be submitted to the
   68  department in a format prescribed by the department.
   69         (4) A retail pet store that does not have a valid license
   70  may not display, offer for sale, deliver, barter, auction,
   71  broker, give away, transfer, or sell any household pet from the
   72  store.
   73         (5)Nothing in this part shall be construed to prohibit or
   74  regulate the sale of hunting dogs, field trial dogs, sporting
   75  dogs, or cattle dogs.
   76         Section 5. Section 468.907, Florida Statutes, is created to
   77  read:
   78         468.907 Sale or transfer of household pets by retail pet
   79  stores.—
   80         (1) As used in this section, the term “qualified breeder”
   81  means a professional breeder that is located inside or outside
   82  this state and meets all of the following requirements:
   83         (a) Holds a valid Class A animal license issued by the
   84  United States Department of Agriculture and, if required by the
   85  respective state, is licensed by a state agency.
   86         (b) Has not been issued a report of a finally adjudicated
   87  direct noncompliance violation by the United States Department
   88  of Agriculture under the federal Animal Welfare Act, 7 U.S.C.
   89  ss. 2131 et seq., in the 2 years immediately before offering for
   90  sale, delivering, bartering, auctioning, brokering, giving away,
   91  transferring, or selling a household pet. However, a
   92  professional breeder is not considered a qualified breeder until
   93  a pending report of a direct noncompliance violation is finally
   94  adjudicated.
   95         (c) Has not had three or more finally adjudicated
   96  noncompliance violations documented in any report issued by the
   97  United States Department of Agriculture under the federal Animal
   98  Welfare Act, 7 U.S.C. ss. 2131 et seq., for the year immediately
   99  before offering for sale, delivering, bartering, auctioning,
  100  brokering, giving away, transferring, or selling a household
  101  pet. However, a professional breeder is not considered a
  102  qualified breeder until a pending report of a noncompliance
  103  violation is finally adjudicated.
  104         (2) A retail pet store may not display, offer for sale,
  105  deliver, barter, auction, broker, give away, transfer, or sell
  106  any household pet from the store unless such pet was acquired
  107  from one of the following sources:
  108         (a) A qualified breeder.
  109         (b) A person who, pursuant to 9 C.F.R. s. 2.1(a)(3)(ii)
  110  (vii), is exempt from licensure by the United States Department
  111  of Agriculture.
  112         (c) An animal rescue.
  113         (d) An animal shelter.
  114         (e) A pet broker; however, if the pet broker acquires the
  115  pet from a professional breeder, the breeder must be a qualified
  116  breeder.
  117         (3) A retail pet store may not sell, deliver, barter,
  118  auction, broker, give away, or transfer any of the following:
  119         (a) A household pet younger than 8 weeks of age.
  120         (b) A household pet that has not been implanted with an
  121  identification microchip.
  122         (c) A household pet that does not have a valid veterinary
  123  certification, including the United States Interstate and
  124  International Certificate of Health Examination for Small
  125  Animals prescribed by the United States Department of
  126  Agriculture or the official certificate of veterinary inspection
  127  prescribed by the Department of Agriculture and Consumer
  128  Services pursuant to s. 828.29.
  129         (d) A household pet to a person younger than 18 years of
  130  age, as verified by a valid driver license, state identification
  131  card, or other government-issued identification card bearing a
  132  photograph of the cardholder.
  133         (e) A household pet acquired from a qualified breeder or
  134  pet broker, unless the retail pet store provides to the buyer
  135  acquiring the pet, before completing the transaction, a written
  136  certification that includes the following:
  137         1. The name, address, and United States Department of
  138  Agriculture license number, if applicable, of the breeder who
  139  bred the household pet.
  140         2. A copy of the breeder’s most recent United States
  141  Department of Agriculture inspection report, if applicable.
  142         3. The household pet’s date of birth, if known.
  143         4. The date the retail pet store took possession of the
  144  household pet.
  145         5. The breed, gender, color, and any identifying marks of
  146  the household pet.
  147         6. A signed statement by the store’s Florida-licensed
  148  veterinarian, in a format prescribed by the department, which
  149  describes any known disease, illness, or congenital or
  150  hereditary condition that adversely affects the health of the
  151  household pet at the time of examination.
  152         7. A document signed by the owner or a manager or employee
  153  of the retail pet store certifying that all information required
  154  to be provided to the person acquiring the household pet under
  155  this paragraph is accurate.
  156  
  157  A retail pet store shall keep a copy of the certification for at
  158  least 3 years after the date of acquisition of the household
  159  pet. The owner or a manager or an employee of a retail pet store
  160  may not fraudulently alter or provide false information on a
  161  certification provided in accordance with this paragraph.
  162         (4) A licensed retail pet store shall provide to the buyer
  163  of a household pet:
  164         (a) The pet’s microchip identification number.
  165         (b) The complete name, address, and telephone number of all
  166  professional breeders, pet brokers, or other persons who kept,
  167  housed, or maintained the pet before its coming into possession
  168  of the retail pet store or proof that the pet was acquired
  169  through an animal rescue or animal shelter.
  170         (c) A photograph or digital image of both of the pet’s
  171  parents, sire and dam.
  172  
  173  A retail pet store shall keep a copy of the documentation
  174  required under this subsection for at least 3 years after the
  175  date it acquired the household pet.
  176         (5) A retail pet store shall provide for all of the
  177  following:
  178         (a) Flooring in the primary enclosures that house household
  179  pets which is constructed of a solid surface or, if grid-style
  180  or wire flooring is used, the surface of which is covered with a
  181  rubberized or coated material that prevents a pet’s toe or foot
  182  from passing through or being entrapped by the flooring. A
  183  retail pet store shall clean all primary enclosures daily, or as
  184  often as necessary to prevent accumulation of body waste, and
  185  keep a daily sanitation log.
  186         (b) An isolation enclosure with separate ventilation which
  187  allows a household pet to be kept separately from other pets
  188  while under veterinarian-directed isolation.
  189         (c) Climate control that ensures that the ambient air
  190  temperature of the store’s premises is kept between 67 and 78
  191  degrees at all times. Retail pet stores shall keep daily logs of
  192  the temperature. If, for any reason, the temperature falls
  193  outside the required range, a corrective action record detailing
  194  steps taken to adjust the temperature must be kept.
  195         (d) A Florida-licensed veterinarian who visits the retail
  196  pet store at least twice a week to observe the condition of the
  197  pets’ health and overall well-being.
  198         (e) An enrichment program for puppies which consists of
  199  exercise and socialization for at least two 30-minute periods
  200  each day. A retail pet store must keep a log for each puppy of
  201  the daily activities that the puppy participates in as part of
  202  the program.
  203         (f) A photograph or digital image and video footage
  204  depicting each breeding facility from which the retail pet store
  205  acquires household pets.
  206         Section 6. Section 468.909, Florida Statutes, is created to
  207  read:
  208         468.909 Inspections.—
  209         (1)(a) At least annually, the department shall inspect each
  210  retail pet store that is subject to licensure to ensure
  211  compliance with this part and with rules adopted under this
  212  part, including, but not limited to, an audit of the records
  213  that the licensee maintains pursuant to s. 468.907(3)(e) and
  214  (4).
  215         (b) The department also may conduct an inspection upon
  216  receipt of a complaint or other information alleging a violation
  217  of this part or rules adopted under this part.
  218         (2) The department shall establish procedures for
  219  conducting inspections and making records of inspections.
  220  Inspections shall be conducted during regular business hours in
  221  accordance with the department’s procedures and may be conducted
  222  without prior notice. A record of each inspection must be
  223  maintained by the department in accordance with such procedures.
  224         (3) The department may enter into a contract or agreement
  225  with one or more veterinarians to conduct inspections under this
  226  section. Such veterinarians must be independent and may not be
  227  affiliated with an animal rights advocacy organization.
  228         Section 7. Section 468.911, Florida Statutes, is created to
  229  read:
  230         468.911 Administrative remedies; penalties.—
  231         (1) The department shall deny an application for issuance
  232  or renewal of a retail pet store license if:
  233         (a) The licensee or applicant violates this part or any
  234  rule or order issued under this part, if the violation
  235  materially threatens the health or welfare of a household pet;
  236  or
  237         (b) The licensee or applicant, in the past 20 years, has
  238  been convicted of or pled guilty or nolo contendere to,
  239  regardless of adjudication, a misdemeanor or felony under
  240  chapter 828 or a misdemeanor or felony under chapter 741
  241  involving an act of domestic violence.
  242         (2) The department may enter an order doing one or more of
  243  the following if the department finds that the owner of a retail
  244  pet store, or a person employed or contracted by a retail pet
  245  store about who the owner knows or reasonably should have known,
  246  has violated or is operating in violation of this part or any
  247  rule or order issued pursuant to this part:
  248         (a) Issuing a notice of noncompliance under s. 120.695.
  249         (b) Imposing an administrative fine for each act or
  250  omission, not to exceed the following amounts:
  251         1. For a first violation, $250.
  252         2. For a second violation, $500.
  253         3. For a third or subsequent violation, $1,000.
  254  
  255  Each day that a violation continues constitutes a separate
  256  violation.
  257         (c) Directing that the person cease and desist specified
  258  activities.
  259         (d) Refusing to issue or renew a license or revoking or
  260  suspending a license.
  261         (e) Placing the licensee on probation, subject to the
  262  conditions specified by the department.
  263         (3) The administrative proceedings that could result in the
  264  entry of an order imposing any of the penalties specified in
  265  subsection (1) or subsection (2) are governed by chapter 120.
  266         (4) The department may adopt rules to administer this part.
  267         Section 8. Section 468.913, Florida Statutes, is created to
  268  read:
  269         468.913 Civil penalties; remedies.—The department may bring
  270  a civil action in a court of competent jurisdiction to recover
  271  any penalties or damages authorized by this part and for
  272  injunctive relief to enforce compliance with this part.
  273         Section 9. Section 468.915, Florida Statutes, is created to
  274  read:
  275         468.915 Criminal penalties.—A person commits a misdemeanor
  276  of the second degree, punishable as provided in s. 775.082 or s.
  277  775.083, if he or she violates:
  278         (1) Section 468.907(2) or (3), relating to unlawful
  279  practices in the sale of household pets by retail pet stores; or
  280         (2) Section 468.905(1) or (4), relating to operation of a
  281  retail pet store without a license.
  282         Section 10. Section 468.917, Florida Statutes, is created
  283  to read:
  284         468.917 Deposit of funds.—All moneys collected by the
  285  department under this part from license fees or civil penalties
  286  must be deposited into the department’s Professional Regulation
  287  Trust Fund for use by the department for administration of this
  288  part.
  289         Section 11. Section 468.919, Florida Statutes, is created
  290  to read:
  291         468.919 Local regulation.—This part preempts any local
  292  ordinance or regulation of a county or municipality which
  293  prohibits or regulates retail pet stores or the purchase or sale
  294  of hunting dogs, field trial dogs, sporting dogs, or cattle
  295  dogs. This section does not preempt a local government’s
  296  authority to levy a local business tax pursuant to chapter 205.
  297         Section 12. This act shall take effect July 1, 2020.
  298  
  299  ================= T I T L E A M E N D M E N T ================
  300  And the title is amended as follows:
  301         Delete everything before the enacting clause
  302  and insert:
  303         An act relating to the regulation of retail pet
  304         stores; providing a directive to the Division of Law
  305         Revision; creating s. 468.901, F.S.; providing a short
  306         title; creating s. 468.903, F.S.; defining terms;
  307         creating s. 468.905, F.S.; requiring the licensure of
  308         retail pet stores; requiring the Department of
  309         Business and Professional Regulation to adopt
  310         procedures for such licensure; creating s. 468.907,
  311         F.S.; defining the term “qualified breeder”;
  312         regulating the sale or transfer of household pets by
  313         retail pet stores; limiting the sources from which
  314         retail pet stores may acquire pets for sale; providing
  315         certain restrictions on the sale of household pets;
  316         requiring certain documentation of the sources from
  317         which retail pet stores acquire pets for sale;
  318         providing requirements for the living conditions for
  319         pets at retail pet stores; providing retail pet store
  320         veterinarian, exercise, and socialization
  321         requirements; creating s. 468.909, F.S.; requiring the
  322         department to conduct periodic inspections of retail
  323         pet stores and to audit sales records; requiring the
  324         department to establish procedures for the inspections
  325         and records of the inspections; authorizing contracts
  326         with certain veterinarians to conduct inspections;
  327         creating s. 468.911, F.S.; requiring the department to
  328         deny a license under certain circumstances;
  329         authorizing disciplinary action against licensees and
  330         applicants for licensure under certain circumstances;
  331         providing civil penalties; authorizing the department
  332         to adopt rules; creating s. 468.913, F.S.; authorizing
  333         civil actions for purposes of enforcement; creating s.
  334         468.915, F.S.; providing criminal penalties for
  335         specified violations; creating s. 468.917, F.S.;
  336         requiring certain moneys to be deposited into the
  337         department’s Professional Regulation Trust Fund;
  338         creating s. 468.919, F.S.; preempting certain county
  339         and municipal ordinances and regulations; providing
  340         construction; providing an effective date.