Florida Senate - 2024                                    SB 1426
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-01178-24                                           20241426__
    1                        A bill to be entitled                      
    2         An act relating to the sale of rabbits; creating s.
    3         828.44, F.S.; prohibiting the sale of rabbits in
    4         specified locations and during specified months;
    5         specifying unlawful acts relating to the sale,
    6         offering for sale, and the giving away as
    7         merchandising premiums of certain rabbits; providing
    8         requirements for rabbits offered for sale at retail
    9         pet stores; requiring retail pet stores to maintain
   10         and make available specified records; requiring local
   11         authorities to retrieve, return, and place abandoned
   12         rabbits in a specified manner; authorizing specified
   13         officials to enter retail pet stores and conduct
   14         compliance inspections; prohibiting persons from
   15         refusing or interfering with such inspections;
   16         providing criminal penalties; providing applicability;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 828.44, Florida Statutes, is created to
   22  read:
   23         828.44 Pet rabbits.—
   24         (1) The sale of rabbits is prohibited:
   25         (a) On any public or private streets or rights-of-way,
   26  within 50 feet of any right-of-way, at any flea market, in
   27  private parking lots, or at any open-air venue, such as a
   28  parade, concert, and festival.
   29         (b) In retail pet stores during the months of March and
   30  April. During the months of March and April, retail stores shall
   31  keep rabbits in a separate area, off the sales floor and out of
   32  view of the public, and label each cage, kennel, or enclosure
   33  with signage indicating that the rabbits are not for sale until
   34  May 1.
   35         (2) It is unlawful to sell, offer for sale, or give away as
   36  a merchandising premium any rabbit under 2 months of age to be
   37  used as a pet, toy, or retail premium. Rabbits under 2 months of
   38  age may not be kept on the premises of a retail pet store.
   39         (3) Each rabbit offered for sale at a retail pet store
   40  must:
   41         (a) Be kept one per cage, kennel, or enclosure to avoid
   42  unwanted pregnancies. The cage, kennel, or enclosure must be
   43  kept clean and dry and may not have wire floors.
   44         (b) Have proper food, water, and hay for digestion at all
   45  times.
   46         (c) Have signage posted on its cage, kennel, or enclosure
   47  which includes its date of birth; the name, city, and state of
   48  its breeder; and its microchip number.
   49         (d) Be microchipped and have its microchip registered with
   50  the name, city, and state of both the retail pet store and the
   51  breeder.
   52         (4)(a) Each retail pet store shall maintain records
   53  documenting the source of each rabbit acquired by the retail pet
   54  store. The records must:
   55         1. Include a certificate of source and veterinary
   56  inspection;
   57         2. Be located in close proximity to the rabbit enclosure;
   58  and
   59         3. Be available for review by potential purchasers.
   60         (b) Records must be kept for at least 2 years following the
   61  date of acquisition and must be made available, immediately upon
   62  request, to any police officer, code enforcement officer, animal
   63  control officer, humane law enforcement officer, or other
   64  investigating official.
   65         (5) Abandoned rabbits must be retrieved by local
   66  authorities, and, if an owner is not found, the rabbit must be
   67  returned to the retail store that registered the microchip. If
   68  the retail store is no longer in business, the rabbit must be
   69  returned to the breeder. If the breeder is no longer in
   70  business, authorities must find a legitimate rabbit rescue or
   71  animal shelter to care for the rabbit.
   72         (6) A city, a county, or any investigating official may
   73  enter the premises of any retail pet store during regular
   74  business hours to conduct reasonable inspections to ensure and
   75  verify compliance with this section. A person may not refuse or
   76  interfere with a lawful inspection of a retail pet store by
   77  investigating officials.
   78         (7) A person who violates this section commits a
   79  misdemeanor of the second degree, punishable as provided in s.
   80  775.082 or s. 775.083.
   81         (8) This section does not apply to rabbits raised for any
   82  of the following:
   83         (a) Agricultural purposes by persons with proper facilities
   84  to care for them.
   85         (b) Livestock exhibitions.
   86         (c) Future Farmers of America or 4-H activities.
   87         Section 2. This act shall take effect July 1, 2024.