| 1 | A bill to be entitled |
| 2 | An act relating to commercial dog breeding; creating s. |
| 3 | 828.291, F.S.; prohibiting a person from owning, |
| 4 | possessing, controlling, or otherwise having in custody 50 |
| 5 | or more dogs at any one time; requiring a person who owns |
| 6 | or otherwise has custody of 10 or more dogs that are 4 |
| 7 | months of age or older to adhere to certain specified |
| 8 | guidelines relating to exercise, kennel size, sanitary |
| 9 | conditions, temperature control, enclosure construction, |
| 10 | compatibility of animals, access to food and water, and |
| 11 | access to necessary veterinary care and services; |
| 12 | authorizing an animal control officer, other authorized |
| 13 | public health or safety official, or law enforcement |
| 14 | officer, after receiving a complaint or upon his or her |
| 15 | own initiative, to investigate any alleged violation of |
| 16 | the act; providing that a violation of the act is a |
| 17 | misdemeanor of the first degree; listing persons and |
| 18 | organizations that are not subject to the act; defining |
| 19 | the term "retail pet store"; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 828.291, Florida Statutes, is created |
| 24 | to read: |
| 25 | 828.291 Commercial dog breeding.-- |
| 26 | (1) A person may not own, possess, control, or otherwise |
| 27 | have custody at any one time of 50 or more dogs that have intact |
| 28 | sexual organs and that are 4 months of age or older. |
| 29 | (2) A person who owns, possesses, controls, or otherwise |
| 30 | has custody of 10 or more dogs that are 4 months of age or older |
| 31 | shall: |
| 32 | (a) Provide sufficient space to allow each dog to turn |
| 33 | about freely and to stand, sit, and lie down. |
| 34 | 1. The dog must be able to lie down while fully extended |
| 35 | without the head, tail, legs, face, or feet of the dog touching |
| 36 | any side of the enclosure and without touching any other dog in |
| 37 | the cage when all dogs are lying down simultaneously. |
| 38 | 2. The interior height of the enclosure must be at least 6 |
| 39 | inches higher than the head of the tallest dog in the enclosure |
| 40 | when that dog is in a normal standing position. Each cage must |
| 41 | be at least three times the length of the longest dog in the |
| 42 | cage, from tip of nose to base of tail. |
| 43 | (b) Provide each dog with a minimum of one exercise period |
| 44 | during each day for a total of not less than 1 hour of exercise |
| 45 | each day. The exercise regimen must include removing the dog |
| 46 | from the dog's primary enclosure and leash walking or giving the |
| 47 | dog access to an enclosure at least four times the size of the |
| 48 | primary enclosure and allowing the dog free mobility for the |
| 49 | entire exercise period. The exercise regimen may not include the |
| 50 | use of a treadmill, cat-mill, jenny-mill, slat-mill, or similar |
| 51 | device, unless prescribed by a licensed doctor of veterinary |
| 52 | medicine. The exercise requirements in this paragraph do not |
| 53 | apply to a dog that is certified by a doctor of veterinary |
| 54 | medicine as being medically precluded from exercise. |
| 55 | (c) Maintain adequate housing facilities and primary |
| 56 | enclosures. Housing facilities and primary enclosures must: |
| 57 | 1. Be kept in a sanitary condition. Housing facilities |
| 58 | where dogs are kept must be sufficiently ventilated at all times |
| 59 | to minimize odors, drafts, and ammonia levels and to prevent |
| 60 | moisture condensation. Housing facilities must be equipped with |
| 61 | working smoke alarms and have a means of fire suppression, such |
| 62 | as functioning fire extinguishers or a sprinkler system on the |
| 63 | premises. The facilities must have sufficient lighting to allow |
| 64 | for observation of the dogs at any time during the day or night. |
| 65 | 2. Enable all dogs to remain dry and clean. |
| 66 | 3. Provide shelter and protection from extreme |
| 67 | temperatures and weather conditions that may be uncomfortable or |
| 68 | hazardous to the dogs. Ambient temperature must not fall below |
| 69 | 50° Fahrenheit or rise above 85° Fahrenheit. |
| 70 | 4. Provide sufficient shade to shelter all the dogs housed |
| 71 | in the primary enclosure at one time. |
| 72 | 5. Have floors that are constructed in a manner that |
| 73 | protects the dogs' feet and legs from injury. Ground-level |
| 74 | kennels must be of poured concrete and sealed with an epoxy |
| 75 | sealant so that the runs can be properly cleaned and |
| 76 | disinfected. Raised kennels must be slatted with a solid resting |
| 77 | surface. Floors constructed of slats must: |
| 78 | a. Be flat; |
| 79 | b. Have spaces in between the slats that are no more than |
| 80 | 1/2 of an inch wide; |
| 81 | c. Have spaces between them that run the length of the |
| 82 | floor; |
| 83 | d. Use slats of no less than 3/5 of an inch wide; |
| 84 | e. Have level slats within a single enclosure; |
| 85 | f. Be strong enough so that the floor does not sag or bend |
| 86 | between structural supports; and |
| 87 | g. Be constructed of a material that is impervious to |
| 88 | moisture and can be cleaned and sanitized. |
| 89 | 6. For primary enclosures, be placed no higher than 42 |
| 90 | inches above the floor and not be placed over or stacked on top |
| 91 | of another cage or primary enclosure. |
| 92 | (d) Remove feces, hair, dirt, debris, and food waste from |
| 93 | the housing and enclosures. The housing or primary enclosure |
| 94 | must be cleaned at least daily or more often if necessary to |
| 95 | prevent accumulation and to reduce disease, hazards, insects, |
| 96 | pests, and odors. Dogs must be removed from enclosures during |
| 97 | cleaning. |
| 98 | (e) Ensure that all dogs housed in the same housing or |
| 99 | enclosure are compatible, as determined by observation by |
| 100 | trained persons. Animals that have a vicious or aggressive |
| 101 | disposition must be housed individually. Breeding females in |
| 102 | heat may not be housed in the same enclosure with sexually |
| 103 | mature males, except for breeding. Breeding females that have |
| 104 | litters may not be housed in the same enclosure with other adult |
| 105 | dogs. Puppies younger than 12 weeks of age may not be housed in |
| 106 | the same enclosure with other adult dogs, other than the dam or |
| 107 | foster dam. |
| 108 | (f) Provide dogs with easy and convenient access to |
| 109 | adequate amounts of clean food and water. Food and water |
| 110 | receptacles must be regularly cleaned and sanitized. Enclosures |
| 111 | must contain potable water that is not frozen, is free from |
| 112 | debris, and is readily accessible to all dogs at all times. |
| 113 | (g) Provide veterinary care without delay when necessary. |
| 114 | A male unaltered dog must be examined by a veterinarian at least |
| 115 | once a year, and a female unaltered dog must be examined by a |
| 116 | veterinarian at least once a year or before each attempt to |
| 117 | breed, whichever occurs more frequently. The veterinarian shall |
| 118 | use appropriate methods to prevent, control, diagnose, and treat |
| 119 | diseases and injuries. A dog may not be bred if a veterinarian |
| 120 | determines that the animal is unfit for breeding purposes. Only |
| 121 | dogs between the ages of 18 months and 8 years of age may be |
| 122 | used for breeding. Female dogs may be allowed to whelp only one |
| 123 | litter per year. Ear cropping, tail docking, debarking, and |
| 124 | surgical births are prohibited except under anesthesia and must |
| 125 | be performed by a licensed veterinarian. Animals requiring |
| 126 | euthanasia may be euthanized only by a licensed veterinarian. |
| 127 | (3) An animal control officer, other authorized public |
| 128 | health or safety official, or law enforcement officer may, upon |
| 129 | receiving a complaint or upon his or her own initiative, |
| 130 | investigate any alleged violation of this section. The |
| 131 | investigation may include: |
| 132 | (a) The inspection of the books and records of any person |
| 133 | or business that is subject to the provisions of this section; |
| 134 | and |
| 135 | (b) The inspection of any place where dogs are bred or |
| 136 | maintained. In conducting the inspection, the officer or |
| 137 | official may enter any premises where animals may be bred or |
| 138 | maintained during daytime hours. A person or business that is |
| 139 | the subject of an investigation under this section shall provide |
| 140 | assistance to the officer or official in making any inspection |
| 141 | authorized by this section. |
| 142 | (4) A person who violates this section commits a |
| 143 | misdemeanor of the first degree, punishable as provided in s. |
| 144 | 775.082 or s. 775.083. |
| 145 | (5) This section does not apply to: |
| 146 | (a) A publicly operated animal control facility or animal |
| 147 | shelter; |
| 148 | (b) A private, charitable, or not-for-profit humane |
| 149 | society, animal adoption organization, or animal rescue |
| 150 | organization; |
| 151 | (c) A veterinary facility; |
| 152 | (d) A retail pet store; |
| 153 | (e) A research institution; or |
| 154 | (f) A boarding facility. |
| 155 |
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| 156 | As used in this subsection, the term "retail pet store" means a |
| 157 | commercial establishment that engages in the for-profit business |
| 158 | of selling at retail cats, dogs, or other animals to be kept as |
| 159 | household pets. The term does not include any person or |
| 160 | establishment that breeds or raises animals to sell, exchange, |
| 161 | or broker or who otherwise transfers the animals to the public |
| 162 | as household pets. |
| 163 | Section 2. This act shall take effect January 1, 2010. |