Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1698
       
       
       
       
       
       
                                Ì8021863Î802186                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




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