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A bill to be entitled

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An act relating to the sale of dogs and cats; amending s.

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828.29, F.S.; redefining the term "pet dealer" for

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purposes of provisions authorizing a purchaser to return

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an animal to the pet dealer and receive a refund, exchange

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the animal, or receive a reimbursement of expenses;

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authorizing the Department of Agriculture and Consumer

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Services to enforce statutory provisions related to the

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sale of dogs and cats; providing powers and duties of the

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department; providing for the adoption of rules; providing

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penalties; providing an appropriation and authorizing an

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additional position; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 828.29, Florida Statutes, is amended to

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read:

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     828.29  Dogs and cats transported or offered for sale;

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health requirements; consumer guarantee; enforcement by

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Department of Agriculture and Consumer Services.--

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     (1)(a)  For each dog transported into the state for sale,

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the tests, vaccines, and anthelmintics required by this section

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must be administered by or under the direction of a veterinarian,

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licensed by the state of origin and accredited by the United

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States Department of Agriculture, who issues the official

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certificate of veterinary inspection.  The tests, vaccines, and

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anthelmintics must be administered no more than 30 days and no

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less than 14 days before the dog's entry into the state.  The

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official certificate of veterinary inspection certifying

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compliance with this section must accompany each dog transported

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into the state for sale.

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     (b)  For each dog offered for sale within the state, the

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tests, vaccines, and anthelmintics required by this section must

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be administered by or under the direction of a veterinarian,

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licensed by the state and accredited by the United States

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Department of Agriculture, who issues the official certificate of

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veterinary inspection.  The tests, vaccines, and anthelmintics

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must be administered before the dog is offered for sale in the

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state, unless the licensed, accredited veterinarian certifies on

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the official certificate of veterinary inspection that to

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inoculate or deworm the dog is not in the best medical interest

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of the dog, in which case the vaccine or anthelmintic may not be

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administered to that particular dog.  Each dog must receive

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vaccines and anthelmintics against the following diseases and

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internal parasites:

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     1.  Canine distemper.

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     2.  Leptospirosis.

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     3.  Bordetella (by intranasal inoculation or by an

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alternative method of administration if deemed necessary by the

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attending veterinarian and noted on the health certificate, which

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must be administered in this state once before sale).

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     4.  Parainfluenza.

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     5.  Hepatitis.

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     6.  Canine parvo.

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     7.  Rabies, provided the dog is over 3 months of age and the

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inoculation is administered by a licensed veterinarian.

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     8.  Roundworms.

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     9.  Hookworms.

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If the dog is under 4 months of age, the tests, vaccines, and

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anthelmintics required by this section must be administered no

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more than 21 days before sale within the state.  If the dog is 4

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months of age or older, the tests, vaccines, and anthelmintics

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required by this section must be administered at or after 3

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months of age, but no more than 1 year before sale within the

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state.

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     (2)(a)  For each cat transported into the state for sale,

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the tests, vaccines, and anthelmintics required by this section

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must be administered by or under the direction of a veterinarian,

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licensed by the state of origin and accredited by the United

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States Department of Agriculture, who issues the official

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certificate of veterinary inspection.  The tests, vaccines, and

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anthelmintics must be administered no more than 30 days and no

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less than 14 days before the cat's entry into the state.  The

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official certificate of veterinary inspection certifying

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compliance with this section must accompany each cat transported

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into the state for sale.

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     (b)  For each cat offered for sale within the state, the

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tests, vaccines, and anthelmintics required by this section must

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be administered by or under the direction of a veterinarian,

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licensed by the state and accredited by the United States

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Department of Agriculture, who issues the official certificate of

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veterinary inspection.  The tests, vaccines, and anthelmintics

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must be administered before the cat is offered for sale in the

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state, unless the licensed, accredited veterinarian certifies on

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the official certificate of veterinary inspection that to

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inoculate or deworm the cat is not in the best medical interest

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of the cat, in which case the vaccine or anthelmintic may not be

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administered to that particular cat.  Each cat must receive

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vaccines and anthelmintics against the following diseases and

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internal parasites:

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     1.  Panleukopenia.

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     2.  Feline viral rhinotracheitis.

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     3.  Calici virus.

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     4.  Rabies, if the cat is over 3 months of age and the

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inoculation is administered by a licensed veterinarian.

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     5.  Hookworms.

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     6.  Roundworms.

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If the cat is under 4 months of age, the tests, vaccines, and

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anthelmintics required by this section must be administered no

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more than 21 days before sale within the state.  If the cat is 4

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months of age or older, the tests, vaccines, and anthelmintics

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required by this section must be administered at or after 3

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months of age, but no more than 1 year before sale within the

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state.

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     (3)(a)  Each dog or cat subject to subsection (1) or

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subsection (2) must be accompanied by a current official

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certificate of veterinary inspection at all times while being

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offered for sale within the state.  The examining veterinarian

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must retain one copy of the official certificate of veterinary

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inspection on file for at least 1 year after the date of

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examination.  At the time of sale of the animal, one copy of the

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official certificate of veterinary inspection must be given to

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the buyer.  The seller must retain one copy of the official

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certificate of veterinary inspection on record for at least 1

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year after the date of sale.

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     (b)  The term "official certificate of veterinary

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inspection" means a legible certificate of veterinary inspection

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signed by the examining veterinarian licensed by the state of

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origin and accredited by the United States Department of

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Agriculture, that shows the age, sex, breed, color, and health

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record of the dog or cat, the printed or typed names and

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addresses of the person or business from whom the animal was

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obtained, the consignor or seller, the consignee or purchaser,

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and the examining veterinarian, and the veterinarian's license

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number.  The official certificate of veterinary inspection must

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list all vaccines and deworming medications administered to the

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dog or cat, including the manufacturer, vaccine, type, lot

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number, expiration date, and the dates of administration thereof,

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and must state that the examining veterinarian warrants that, to

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the best of his or her knowledge, the animal has no sign of

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contagious or infectious diseases and has no evidence of internal

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or external parasites, including coccidiosis and ear mites, but

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excluding fleas and ticks.  The Department of Agriculture and

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Consumer Services shall supply the official intrastate

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certificate of veterinary inspection required by this section at

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cost.

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     (c)  The examination of each dog and cat by a veterinarian

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must take place no more than 30 days before the sale within the

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state. The examination must include, but not be limited to, a

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fecal test to determine if the dog or cat is free of internal

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parasites, including hookworms, roundworms, tapeworms, and

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whipworms. If the examination warrants, the dog or cat must be

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treated with a specific anthelmintic. In the absence of a

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definitive parasitic diagnosis, each dog or cat must be given a

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broad spectrum anthelmintic. Each dog over 6 months of age must

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also be tested for heartworms. Each cat must also be tested for

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feline leukemia before being offered for sale in the state. All

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of these tests must be performed by or under the supervision of a

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licensed veterinarian, and the results of the tests must be

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listed on the official certificate of veterinary inspection.

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     (d)  All dogs and cats offered for sale and copies of

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certificates held by the seller and veterinarian are subject to

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inspection by any agent of the Department of Agriculture and

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Consumer Services, any agent of the United States Department of

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Agriculture, any law enforcement officer, or any agent appointed

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under s. 828.03.

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     (4)  A person may not transport into the state for sale or

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offer for sale within the state any dog or cat that is less than

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8 weeks of age.

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     (5)  If, within 14 days following the sale by a pet dealer

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of an animal subject to this section, a licensed veterinarian of

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the consumer's choosing certifies that, at the time of the sale,

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the animal was unfit for purchase due to illness or disease, the

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presence of symptoms of a contagious or infectious disease, or

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the presence of internal or external parasites, excluding fleas

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and ticks; or if, within 1 year following the sale of an animal

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subject to this section, a licensed veterinarian of the

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consumer's choosing certifies such animal to be unfit for

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purchase due to a congenital or hereditary disorder which

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adversely affects the health of the animal; or if, within 1 year

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following the sale of an animal subject to this section, the

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breed, sex, or health of such animal is found to have been

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misrepresented to the consumer, the pet dealer shall afford the

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consumer the right to choose one of the following options:

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     (a)  The right to return the animal and receive a refund of

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the purchase price, including the sales tax, and reimbursement

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for reasonable veterinary costs directly related to the

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veterinarian's examination and certification that the dog or cat

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is unfit for purchase pursuant to this section and directly

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related to necessary emergency services and treatment undertaken

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to relieve suffering;

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     (b)  The right to return the animal and receive an exchange

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dog or cat of the consumer's choice of equivalent value, and

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reimbursement for reasonable veterinary costs directly related to

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the veterinarian's examination and certification that the dog or

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cat is unfit for purchase pursuant to this section and directly

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related to necessary emergency services and treatment undertaken

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to relieve suffering; or

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     (c)  The right to retain the animal and receive

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reimbursement for reasonable veterinary costs for necessary

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services and treatment related to the attempt to cure or curing

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of the dog or cat.

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Reimbursement for veterinary costs may not exceed the purchase

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price of the animal.  The cost of veterinary services is

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reasonable if comparable to the cost of similar services rendered

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by other licensed veterinarians in proximity to the treating

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veterinarian and the services rendered are appropriate for the

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certification by the veterinarian.

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     (6)  A consumer may sign a waiver relinquishing his or her

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right to return the dog or cat for congenital or hereditary

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disorders. In the case of such waiver, the consumer has 48 normal

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business hours, excluding weekends and holidays, in which to have

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the animal examined by a licensed veterinarian of the consumer's

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choosing.  If the veterinarian certifies that, at the time of

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sale, the dog or cat was unfit for purchase due to a congenital

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or hereditary disorder, the pet dealer must afford the consumer

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the right to choose one of the following options:

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     (a)  The right to return the animal and receive a refund of

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the purchase price, including sales tax, but excluding the

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veterinary costs related to the certification that the dog or cat

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is unfit; or

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     (b)  The right to return the animal and receive an exchange

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dog or cat of the consumer's choice of equivalent value, but not

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a refund of the veterinary costs related to the certification

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that the dog or cat is unfit.

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     (7)  A pet dealer may specifically state at the time of

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sale, in writing to the consumer, the presence of specific

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congenital or hereditary disorders, in which case the consumer

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has no right to any refund or exchange for those disorders.

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     (8)  The refund or exchange required by subsection (5) or

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subsection (6) shall be made by the pet dealer not later than 10

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business days following receipt of a signed veterinary

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certification as required in subsection (5) or subsection (6).  

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The consumer must notify the pet dealer within 2 business days

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after the veterinarian's determination that the animal is unfit.

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The written certification of unfitness must be presented to the

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pet dealer not later than 3 business days following receipt

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thereof by the consumer.

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     (9)  An animal may not be determined unfit for sale on

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account of an injury sustained or illness contracted after the

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consumer takes possession of the animal.  A veterinary finding of

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intestinal or external parasites is not grounds for declaring a

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dog or cat unfit for sale unless the animal is clinically ill

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because of that condition.

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     (10)  If a pet dealer wishes to contest a demand for

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veterinary expenses, refund, or exchange made by a consumer under

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this section, the dealer may require the consumer to produce the

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animal for examination by a licensed veterinarian designated by

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the dealer.  Upon such examination, if the consumer and the

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dealer are unable to reach an agreement that constitutes one of

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the options set forth in subsection (5) or subsection (6) within

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10 business days following receipt of the animal for such

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examination, the consumer may initiate an action in a court of

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competent jurisdiction to recover or obtain reimbursement of

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veterinary expenses, refund, or exchange.

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     (11)  This section does not in any way limit the rights or

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remedies that are otherwise available to a consumer under any

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other law.

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     (12)  Every pet dealer who sells an animal to a consumer

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must provide the consumer at the time of sale with a written

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notice, printed or typed, which reads as follows:  

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It is the consumer's right, pursuant to section 828.29,

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Florida Statutes, to receive a certificate of veterinary

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inspection with each dog or cat purchased from a pet

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dealer.  Such certificate shall list all vaccines and

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deworming medications administered to the animal and shall

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state that the animal has been examined by a Florida-

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licensed veterinarian who certifies that, to the best of

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the veterinarian's knowledge, the animal was found to have

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been healthy at the time of the veterinary examination.  

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In the event that the consumer purchases the animal and

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finds it to have been unfit for purchase as provided in

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section 828.29(5), Florida Statutes, the consumer must

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notify the pet dealer within 2 business days of the

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veterinarian's determination that the animal was unfit.  

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The consumer has the right to retain, return, or exchange

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the animal and receive reimbursement for certain related

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veterinary services rendered to the animal, subject to the

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right of the dealer to have the animal examined by another

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veterinarian.

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     (13)  For the purposes of subsections (5)-(12) and (16),

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the term "pet dealer" means any person, firm, partnership,

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corporation, or other association that which, in the ordinary

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course of business, engages in the sale of more than two

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litters, or 20 or more dogs or cats, per year, whichever is

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greater, to the public. This definition includes breeders of

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animals who sell such animals directly to a consumer.

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     (14)(a) The state attorney may bring an action to enjoin

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any violator of this section or s. 828.12 or s. 828.13 from

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being a pet dealer.

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     (b) The Department of Agriculture and Consumer Services

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shall enforce this section, as provided in chapter 570.

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     (c) The department may request that the state attorney in

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any circuit or county institute a suit, civil or criminal, to

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enforce or implement this chapter and rules of the department,

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or to prevent violations thereof. Any person or officer charged

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with a duty under this chapter may be compelled to perform the

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same by mandamus, injunction, or other extraordinary remedy

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upon the application and in the name of the department.

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Injunction shall issue without bond.

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     (d) The department shall adopt rules to administer this

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section.

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     (15)  County-operated or city-operated animal control

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agencies and registered nonprofit humane organizations are

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exempt from this section.

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     (16)  A pet dealer may not knowingly misrepresent the

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breed, sex, or health of any dog or cat offered for sale within

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the state.

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     (17)(a) A person who violates this section or any rule of

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the department established under this section is subject to an

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administrative fine of up to $10,000 for each offense. Upon

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repeated violation, the department may seek enforcement

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pursuant to s. 120.69.

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     (b) Except as otherwise provided in this chapter, a

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person who violates any provision of this section commits a

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misdemeanor of the first degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 2. One additional full-time equivalent position

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is authorized and $82,669 is appropriated from the General

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Revenue Fund to the Department of Agriculture and Consumer

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Services for the 2008-2009 fiscal year for the purpose of

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carrying out the provisions of this act.

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     Section 3.  This act shall take effect July 1, 2008.