HB 1173

1	A bill to be entitled
2	An act relating to the purchase of dogs and cats; amending
3	s. 828.29, F.S.; providing definitions; requiring that any
4	cat or dog offered for sale be accompanied by an animal-
5	purchase disclosure; defining the term "animal-purchase
6	disclosure"; prohibiting a pet dealer from possessing a
7	dog or cat younger than a certain age; prohibiting a pet
8	dealer from refusing to reimburse veterinary costs under
9	certain circumstances; providing that proper veterinary
10	care of an animal returned due to illness or disease may
11	include euthanasia; limiting reimbursement for veterinary
12	costs; deleting a provision authorizing a purchaser to
13	waive his or her right to return a dog or cat for a
14	congenital or hereditary disorder; extending the period
15	during which a purchaser may notify the pet dealer of a
16	veterinarian's determination that an animal is unfit;
17	requiring that a pet dealer post notice indicating where a
18	dog or cat was bred or brokered; providing that a waiver
19	of any right by the purchaser is void; providing that a
20	purchaser may initiate an action in court if a pet dealer
21	fails to make certain reimbursements, refunds, or
22	exchanges; requiring that a pet dealer fulfill certain
23	duties; requiring that documents for registration with a
24	pedigree registry organization be provided to the
25	purchaser within a specified period if the animal is
26	registered; providing for a refund to the purchaser if
27	pedigree documents are not received within a specified
28	period; providing penalties for violations of the act;
29	providing an effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 828.29, Florida Statutes, is amended to
34	read:
35	828.29  Dogs and cats transported or offered for sale;
36	health requirements; consumer guarantee.--
37	(1)(a)  For each dog transported into the state for sale,
38	the tests, vaccines, and anthelmintics required by this section
39	must be administered by or under the direction of a
40	veterinarian, licensed by the state of origin and accredited by
41	the United States Department of Agriculture, who issues the
42	official certificate of veterinary inspection. The tests,
43	vaccines, and anthelmintics must be administered no more than 30
44	days and no less than 14 days before the dog's entry into the
45	state. As used in this paragraph, the term "under the direction
46	of a veterinarian" means a licensed doctor of veterinary
47	medicine is on the premises at the time the tests, vaccines, and
48	anthelmintics required by this section are administered. The
49	Official certificate of veterinary inspection certifying
50	compliance with this section must accompany each dog transported
51	into the state for sale.
52	(b)  For each dog offered for sale within the state, the
53	tests, vaccines, and anthelmintics required by this section must
54	be administered by or under the direction of a veterinarian,
55	licensed by the state and accredited by the United States
56	Department of Agriculture, who issues the official certificate
57	of veterinary inspection.  The tests, vaccines, and
58	anthelmintics must be administered before the dog is offered for
59	sale in the state, unless the licensed, accredited veterinarian
60	certifies on the official certificate of veterinary inspection
61	that to inoculate or deworm the dog is not in the best medical
62	interest of the dog, in which case the vaccine or anthelmintic
63	may not be administered to that particular dog. As used in this
64	paragraph, the term "under the direction of a veterinarian"
65	means that a licensed doctor of veterinary medicine is on the
66	premises at the time the tests, vaccines, and anthelmintics
67	required by this section are administered. Each dog must receive
68	vaccines and anthelmintics against the following diseases and
69	internal parasites:
70	1.  Canine distemper.
71	2.  Leptospirosis.
72	3.  Bordetella (by intranasal inoculation or by an
73	alternative method of administration if deemed necessary by the
74	attending veterinarian and noted on the health certificate,
75	which must be administered in this state once before sale).
76	4.  Parainfluenza.
77	5.  Hepatitis.
78	6.  Canine parvo.
79	7.  Rabies, provided the dog is over 3 months of age and
80	the inoculation is administered by a licensed veterinarian.
81	8.  Roundworms.
82	9.  Hookworms.
83
84	If the dog is under 4 months of age, the tests, vaccines, and
85	anthelmintics required by this section must be administered no
86	more than 21 days before sale within the state.  If the dog is 4
87	months of age or older, the tests, vaccines, and anthelmintics
88	required by this section must be administered at or after 3
89	months of age, but no more than 1 year before sale within the
90	state.
91	(2)(a)  For each cat transported into the state for sale,
92	the tests, vaccines, and anthelmintics required by this section
93	must be administered by or under the direction of a
94	veterinarian, licensed by the state of origin and accredited by
95	the United States Department of Agriculture, who issues the
96	official certificate of veterinary inspection. As used in this
97	paragraph, the term "under the direction of a veterinarian"
98	means that a licensed doctor of veterinary medicine is on the
99	premises at the time the tests, vaccines, and anthelmintics
100	required by this section are administered. The tests, vaccines,
101	and anthelmintics must be administered no more than 30 days and
102	no less than 14 days before the cat's entry into the state.  The
103	official certificate of veterinary inspection certifying
104	compliance with this section must accompany each cat transported
105	into the state for sale.
106	(b)  For each cat offered for sale within the state, the
107	tests, vaccines, and anthelmintics required by this section must
108	be administered by or under the direction of a veterinarian,
109	licensed by the state and accredited by the United States
110	Department of Agriculture, who issues the official certificate
111	of veterinary inspection.  The tests, vaccines, and
112	anthelmintics must be administered before the cat is offered for
113	sale in the state, unless the licensed, accredited veterinarian
114	certifies on the official certificate of veterinary inspection
115	that to inoculate or deworm the cat is not in the best medical
116	interest of the cat, in which case the vaccine or anthelmintic
117	may not be administered to that particular cat.  Each cat must
118	receive vaccines and anthelmintics against the following
119	diseases and internal parasites:
120	1.  Panleukopenia.
121	2.  Feline viral rhinotracheitis.
122	3.  Calici virus.
123	4.  Rabies, if the cat is over 3 months of age and the
124	inoculation is administered by a licensed veterinarian.
125	5.  Hookworms.
126	6.  Roundworms.
127
128	If the cat is under 4 months of age, the tests, vaccines, and
129	anthelmintics required by this section must be administered no
130	more than 21 days before sale within the state.  If the cat is 4
131	months of age or older, the tests, vaccines, and anthelmintics
132	required by this section must be administered at or after 3
133	months of age, but no more than 1 year before sale within the
134	state.
135	(3)(a)  Each dog or cat subject to subsection (1) or
136	subsection (2) must be accompanied by a current official
137	certificate of veterinary inspection and an animal-purchase
138	disclosure at all times while being offered for sale within the
139	state.  The examining veterinarian must retain one copy of the
140	official certificate of veterinary inspection on file for at
141	least 1 year after the date of examination.  At the time of sale
142	of the animal, one copy of the official certificate of
143	veterinary inspection must be given to the buyer.  The seller
144	must retain one copy of the official certificate of veterinary
145	inspection on record for at least 1 year after the date of sale.
146	(b)  The term "official certificate of veterinary
147	inspection" means a legible certificate of veterinary inspection
148	signed by the examining veterinarian licensed by the state of
149	origin and accredited by the United States Department of
150	Agriculture, that shows the age, sex, breed, color, and health
151	record of the dog or cat, the printed or typed names and
152	addresses of the person or business from whom the animal was
153	obtained, the consignor or seller, the consignee or purchaser,
154	and the examining veterinarian, and the veterinarian's license
155	number.  The official certificate of veterinary inspection must
156	list all vaccines and deworming medications administered to the
157	dog or cat, including the manufacturer, vaccine, type, lot
158	number, expiration date, and the dates of administration
159	thereof, and must state that the examining veterinarian warrants
160	that, to the best of his or her knowledge, the animal has no
161	sign of contagious or infectious diseases and has no evidence of
162	internal or external parasites, including coccidiosis and ear
163	mites, but excluding fleas and ticks.  The Department of
164	Agriculture and Consumer Services shall supply the official
165	intrastate certificate of veterinary inspection required by this
166	section at cost.
167	(c)  The term "animal-purchase disclosure" means a legible
168	certificate containing the following information:
169	1.  For dogs:
170	a.  The breeder's name and address, if known, or if not
171	known, the source of the dog. If the person from whom the dog
172	was obtained is a dealer licensed by the United States
173	Department of Agriculture, the person's name, address, and
174	federal dealer identification number.
175	b.  The date of the dog's birth and the date the dealer
176	received the dog. If the dog is from a source licensed by the
177	United States Department of Agriculture, the individual
178	identifying tag, tattoo, or collar number for that animal. If
179	the breed is unknown or mixed, the record shall so indicate.
180	c.  If the dog is being sold as being capable of
181	registration, the names and registration numbers of the sire and
182	dam and the litter number, if known.
183	d.  A record of any veterinarian treatment or medication
184	received by the dog while in the possession of the pet dealer.
185	2.  For cats:
186	a.  The breeder's and broker's name and address, if known,
187	or if not known, the source of the cat. If the person from whom
188	the cat was obtained is a dealer licensed by the United States
189	Department of Agriculture, the person's name, address, and
190	federal dealer identification number.
191	b.  The date of the cat's birth, unless unknown because of
192	the source of the cat and the date the dealer received the cat.
193	c.  A record of any known disease or sickness that the cat
194	is afflicted with at the time of sale. This information shall be
195	orally disclosed to the purchaser.
196	d.  A record of any veterinarian treatment or medication
197	received by the cat while in the possession of the pet dealer.
198	(d)(c)  The examination of each dog and cat by a
199	veterinarian must take place no more than 30 days before the
200	sale within the state.  The examination must include, but not be
201	limited to, a fecal test to determine if the dog or cat is free
202	of internal parasites, including hookworms, roundworms,
203	tapeworms, and whipworms. If the examination warrants, the dog
204	or cat must be treated with a specific anthelmintic. In the
205	absence of a definitive parasitic diagnosis, each dog or cat
206	must be given a broad spectrum anthelmintic.  Each dog over 6
207	months of age must also be tested for heartworms.  Each cat must
208	also be tested for feline leukemia before being offered for sale
209	in the state. All of these tests must be performed by or under
210	the supervision of a licensed veterinarian, and the results of
211	the tests must be listed on the official certificate of
212	veterinary inspection.
213	(e)(d)  All dogs and cats offered for sale and copies of
214	certificates held by the seller and veterinarian are subject to
215	inspection by any agent of the Department of Agriculture and
216	Consumer Services, any agent of the United States Department of
217	Agriculture, any law enforcement officer, or any agent appointed
218	under s. 828.03.
219	(4)  A person may not transport into the state for sale or
220	offer for sale within the state any dog or cat that is less than
221	8 weeks of age. A pet dealer may not possess a dog or cat that
222	is less than 8 weeks old if the dealer is not the breeder of the
223	animal.
224	(5)(a)  If, within 14 days following the sale by a pet
225	dealer of an animal subject to this section, a licensed
226	veterinarian of the consumer's choosing certifies that, at the
227	time of the sale, the animal was unfit for purchase due to
228	illness or disease, the presence of symptoms of a contagious or
229	infectious disease, or the presence of internal or external
230	parasites, excluding fleas and ticks; or if, within 1 year
231	following the sale of an animal subject to this section, a
232	licensed veterinarian of the consumer's choosing certifies such
233	animal to be unfit for purchase due to a congenital or
234	hereditary disorder that which adversely affects the health of
235	the animal; or if, within 1 year following the sale of an animal
236	subject to this section, the breed, sex, or health of such
237	animal is found to have been misrepresented to the consumer, the
238	pet dealer shall afford the consumer the right to choose one of
239	the following options:
240	1.(a)  The right to return the animal and receive a refund
241	of the purchase price, including the sales tax, and
242	reimbursement for reasonable veterinary costs directly related
243	to the veterinarian's examination and certification that the dog
244	or cat is unfit for purchase pursuant to this section and
245	directly related to necessary emergency services and treatment
246	undertaken to relieve suffering;
247	2.(b)  The right to return the animal and receive an
248	exchange dog or cat of the consumer's choice of equivalent
249	value, and reimbursement for reasonable veterinary costs
250	directly related to the veterinarian's examination and
251	certification that the dog or cat is unfit for purchase pursuant
252	to this section and directly related to necessary emergency
253	services and treatment undertaken to relieve suffering; or
254	3.(c)  The right to retain the animal and receive
255	reimbursement for reasonable veterinary costs for necessary
256	services and treatment related to the attempt to cure or curing
257	of the dog or cat.
258	(b)  A pet dealer may not refuse to reimburse veterinary
259	costs because the consumer did not use a veterinarian designated
260	by the pet dealer.
261	(c)  If a dog or cat is returned to a pet dealer due to
262	illness, disease, or a congenital or hereditary condition
263	requiring veterinary care, the pet dealer shall provide the
264	animal with proper veterinary care that may include humanely
265	euthanizing the animal.
266	(d)  Reimbursement for veterinary costs may not exceed 150
267	percent of the purchase price of the animal.  The cost of
268	veterinary services is reasonable if comparable to the cost of
269	similar services rendered by other licensed veterinarians in
270	proximity to the treating veterinarian and the services rendered
271	are appropriate for the certification by the veterinarian.
272	(6)  A consumer may sign a waiver relinquishing his or her
273	right to return the dog or cat for congenital or hereditary
274	disorders. In the case of such waiver, the consumer has 48
275	normal business hours, excluding weekends and holidays, in which
276	to have the animal examined by a licensed veterinarian of the
277	consumer's choosing.  If the veterinarian certifies that, at the
278	time of sale, the dog or cat was unfit for purchase due to a
279	congenital or hereditary disorder, the pet dealer must afford
280	the consumer the right to choose one of the following options:
281	(a)  The right to return the animal and receive a refund of
282	the purchase price, including sales tax, but excluding the
283	veterinary costs related to the certification that the dog or
284	cat is unfit; or
285	(b)  The right to return the animal and receive an exchange
286	dog or cat of the consumer's choice of equivalent value, but not
287	a refund of the veterinary costs related to the certification
288	that the dog or cat is unfit.
289	(6)(7)  A pet dealer may specifically state at the time of
290	sale, in writing to the consumer, the presence of specific
291	congenital or hereditary disorders, in which case the consumer
292	has no right to any refund or exchange for those disorders.
293	(7)(8)  The refund or exchange required by subsection (5)
294	or subsection (6) shall be made by the pet dealer not later than
295	10 business days following receipt of a signed veterinary
296	certification as required in subsection (5) or subsection (6).
297	The consumer must notify the pet dealer within 7 2 business days
298	after the veterinarian's determination that the animal is unfit.
299	The written certification of unfitness must be presented to the
300	pet dealer not later than 10 3 business days following receipt
301	thereof by the consumer.
302	(8)(9)  An animal may not be determined unfit for sale on
303	account of an injury sustained or illness contracted after the
304	consumer takes possession of the animal except as provided in
305	subsection (5). A veterinary finding of intestinal or external
306	parasites is not grounds for declaring a dog or cat unfit for
307	sale unless the animal is clinically ill because of that
308	condition.
309	(9)(10)  If a pet dealer wishes to contest a demand for
310	veterinary expenses, refund, or exchange made by a consumer
311	under this section, the dealer may require the consumer to
312	produce the animal for examination by a licensed veterinarian
313	designated by the dealer.  Upon such examination, if the
314	consumer and the dealer are unable to reach an agreement that
315	constitutes one of the options set forth in subsection (5) or
316	subsection (6) within 10 business days following receipt of the
317	animal for such examination, the consumer may initiate an action
318	in a court of competent jurisdiction to recover or obtain
319	reimbursement of veterinary expenses, refund, or exchange.
320	(10)(11)  This section does not in any way limit the rights
321	or remedies that are otherwise available to a consumer under any
322	other law.
323	(11)(12)  Every pet dealer who sells an animal to a
324	consumer must provide the consumer at the time of sale with a
325	written notice, printed or typed, which reads as follows:
326
327	It is the consumer's right, pursuant to section
328	828.29, Florida Statutes, to receive a certificate of
329	veterinary inspection with each dog or cat purchased
330	from a pet dealer.  Such certificate shall list all
331	vaccines and deworming medications administered to the
332	animal and shall state that the animal has been
333	examined by a Florida-licensed veterinarian who
334	certifies that, to the best of the veterinarian's
335	knowledge, the animal was found to have been healthy
336	at the time of the veterinary examination.  In the
337	event that the consumer purchases the animal and finds
338	it to have been unfit for purchase as provided in
339	section 828.29(5), Florida Statutes, the consumer must
340	notify the pet dealer within 7 2 business days of the
341	veterinarian's determination that the animal was
342	unfit. The consumer has the right to retain, return,
343	or exchange the animal and receive reimbursement for
344	certain related veterinary services rendered to the
345	animal, subject to the right of the dealer to have the
346	animal examined by another veterinarian.
347
348	(12)(13)  For the purposes of subsections (5)-(11) (5)-(12)
349	and (16), the term "pet dealer" means any person, firm,
350	partnership, corporation, or other association that which, in
351	the ordinary course of business, engages in the sale of more
352	than two litters, or 20 dogs or cats, per year, whichever is
353	greater, to the public.  This definition includes breeders of
354	animals who sell such animals directly to a consumer.
355	(13)  Each pet dealer shall post in a conspicuous location
356	on the cage of each dog or cat offered for sale a notice
357	indicating the state where the dog or cat was bred and brokered.
358	(14)  The state attorney may bring an action to enjoin any
359	violator of this section or s. 828.12 or s. 828.13 from being a
360	pet dealer.
361	(15)  County-operated or city-operated animal control
362	agencies and registered nonprofit humane organizations are
363	exempt from this section.
364	(16)  A pet dealer may not knowingly misrepresent the
365	breed, sex, or health, or origin of any dog or cat offered for
366	sale within the state.
367	(17)  A pet dealer may not refuse to reimburse veterinary
368	costs because the consumer did not use a veterinarian specified
369	by the pet dealer.
370	(18)  Any agreement or contract by a consumer to waive any
371	right under this section is void and unenforceable.
372	(19)  If a pet dealer fails to make any reimbursement,
373	refund, or exchange required under subsection (5) within 10
374	business days after notification by the consumer that the animal
375	has been declared unfit for sale, the consumer may initiate an
376	action in a court of competent jurisdiction to recover or obtain
377	reimbursement of veterinary expenses, a refund of the purchase
378	price, or a reasonable exchange, including reasonable attorney's
379	fees.
380	(20)  A pet dealer shall:
381	(a)  Maintain facilities where the dogs and cats are kept
382	in a sanitary condition.
383	(b)  Provide the dogs and cats with adequate nutrition and
384	potable water.
385	(c)  Provide adequate space appropriate to the age, size,
386	weight, and breed of the dog or cat. Adequate space means
387	sufficient space for the dog or cat to stand up, sit down, and
388	turn about freely using normal body movements, without the head
389	touching the top of the cage, and to lie in a natural position.
390	(d)  Provide dogs or cats housed on wire flooring with a
391	rest board, floormat, or similar device that can be maintained
392	in a sanitary condition.
393	(e)  Provide animals with adequate socialization and
394	exercise. As used in this paragraph, the term "socialization"
395	means physical contact with other animals or with human beings.
396	(f)  Wash hands before and after handling each infectious
397	or contagious dog or cat.
398	(g)  Maintain either:
399	1.  A fire alarm system that is connected to a central
400	reporting station that alerts the local fire department of fire;
401	or
402	2.  A fire suppression sprinkler system.
403	(h)  Provide veterinary care without delay when necessary.
404	(21)(a)  A pet dealer may not state, promise, or represent
405	to the purchaser, directly or indirectly, that a dog is
406	registered, or capable of being registered, with an animal
407	pedigree registry organization unless the pet dealer provides
408	the purchaser with the documents necessary for that registration
409	within 120 days following the date of sale of the dog.
410	(b)  If a pet dealer fails to provide the documents
411	necessary for registration within 120 days following the date of
412	sale in violation of paragraph (a), the purchaser shall, upon
413	written notice to the pet dealer, be entitled to retain the
414	animal and receive a partial refund of 75 percent of the
415	purchase price of the animal, plus sales tax, or return the
416	animal along with all documentation previously provided the
417	purchaser for a full refund, including sales tax.
418	(22)(17)  Except as otherwise provided in this chapter, a
419	person who violates any provision of this section commits a
420	misdemeanor of the first degree, punishable as provided in s.
421	775.082 or s. 775.083, and such person may also be assessed a
422	civil penalty of up to $1,000, and may be prohibited from
423	selling dogs or cats at retail in this state for up to 30 days.
424	For a second violation, the pet dealer is subject to a civil
425	penalty of up to $2,500 and may be prohibited from selling dogs
426	or cats at retail in this state for up to 90 days. For a third
427	violation, the pet dealer is subject to a civil penalty of up to
428	$5,000 and may be prohibited from selling dogs or cats at retail
429	in this state for up to 6 months. For a fourth or subsequent
430	violation, the pet dealer is subject to a civil penalty of up to
431	$10,000 and may be prohibited from selling dogs or cats at
432	retail in this state for up to 1 year. The state attorney may
433	bring an action to impose a civil penalty for a violation of
434	this section and may seek a court order enjoining the person
435	from engaging in the business of selling dogs or cats at retail
436	in this state for the period set forth in this subsection.
437	Section 2.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.