Florida Senate - 2009                                    SB 2002
       
       
       
       By Senator Constantine
       
       
       
       
       22-01602-09                                           20092002__
    1                        A bill to be entitled                      
    2         An act relating to commercial dog breeding; creating
    3         s. 828.291, F.S.; prohibiting a person from owning,
    4         possessing, controlling, or otherwise having in
    5         custody 50 or more dogs at any one time; requiring a
    6         person who owns or otherwise has custody of 10 or more
    7         dogs that are 4 months of age or older to adhere to
    8         certain specified guidelines relating to exercise,
    9         kennel size, sanitary conditions, temperature control,
   10         enclosure construction, compatibility of animals,
   11         access to food and water, and access to necessary
   12         veterinary care and services; authorizing an animal
   13         control officer, other authorized public health or
   14         safety official, or law enforcement officer, after
   15         receiving a complaint or upon his or her own
   16         initiative, to investigate any alleged violation of
   17         the act; providing that a violation of the act is a
   18         misdemeanor of the first degree; listing persons and
   19         organizations that are not subject to the act;
   20         defining the term “retail pet store”; providing an
   21         effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 828.291, Florida Statutes, is created to
   26  read:
   27         828.291Commercial dog breeding.—
   28         (1)A person may not own, possess, control, or otherwise
   29  have custody at any one time of 50 or more dogs that have intact
   30  sexual organs and that are 4 months of age or older.
   31         (2)A person who owns, possesses, controls, or otherwise
   32  has custody of 10 or more dogs that are 4 months of age or older
   33  shall:
   34         (a)Provide sufficient space to allow each dog to turn
   35  about freely and to stand, sit, and lie down.
   36         1.The dog must be able to lie down while fully extended
   37  without the head, tail, legs, face, or feet of the dog touching
   38  any side of the enclosure and without touching any other dog in
   39  the cage when all dogs are lying down simultaneously.
   40         2.The interior height of the enclosure must be at least 6
   41  inches higher than the head of the tallest dog in the enclosure
   42  when that dog is in a normal standing position. Each cage must
   43  be at least three times the length of the longest dog in the
   44  cage, from tip of nose to base of tail.
   45         (b)Provide each dog with a minimum of one exercise period
   46  during each day for a total of not less than 1 hour of exercise
   47  each day. The exercise regimen must include removing the dog
   48  from the dog's primary enclosure and leash walking or giving the
   49  dog access to an enclosure at least four times the size of the
   50  primary enclosure and allowing the dog free mobility for the
   51  entire exercise period. The exercise regimen may not include the
   52  use of a treadmill, cat-mill, jenny-mill, slat-mill, or similar
   53  device, unless prescribed by a licensed doctor of veterinary
   54  medicine. The exercise requirements in this paragraph do not
   55  apply to a dog that is certified by a doctor of veterinary
   56  medicine as being medically precluded from exercise.
   57         (c)Maintain adequate housing facilities and primary
   58  enclosures. Housing facilities and primary enclosures must:
   59         1.Be kept in a sanitary condition. Housing facilities
   60  where dogs are kept must be sufficiently ventilated at all times
   61  to minimize odors, drafts, and ammonia levels and to prevent
   62  moisture condensation. Housing facilities must be equipped with
   63  working smoke alarms and have a means of fire suppression, such
   64  as functioning fire extinguishers or a sprinkler system on the
   65  premises. The facilities must have sufficient lighting to allow
   66  for observation of the dogs at any time during the day or night.
   67         2.Enable all dogs to remain dry and clean.
   68         3.Provide shelter and protection from extreme temperatures
   69  and weather conditions that may be uncomfortable or hazardous to
   70  the dogs. Ambient temperature must not fall below 50° Fahrenheit
   71  or rise above 85° Fahrenheit.
   72         4.Provide sufficient shade to shelter all the dogs housed
   73  in the primary enclosure at one time.
   74         5.Have floors that are constructed in a manner that
   75  protects the dogs' feet and legs from injury. Ground-level
   76  kennels must be of poured concrete and sealed with an epoxy
   77  sealant so that the runs can be properly cleaned and
   78  disinfected. Raised kennels must be slatted with a solid resting
   79  surface. Floors constructed of slats must:
   80         a.Be flat;
   81         b.Have spaces in between the slats that are no more than
   82  1/2 of an inch wide;
   83         c.Have spaces between them that run the length of the
   84  floor;
   85         d.Use slats of no less than 3/5 of an inch wide;
   86         e.Have level slats within a single enclosure;
   87         f.Be strong enough so that the floor does not sag or bend
   88  between structural supports; and
   89         g.Be constructed of a material that is impervious to
   90  moisture and can be cleaned and sanitized.
   91         6.For primary enclosures, be placed no higher than 42
   92  inches above the floor and not be placed over or stacked on top
   93  of another cage or primary enclosure.
   94         (d)Remove feces, hair, dirt, debris, and food waste from
   95  the housing and enclosures. The housing or primary enclosure
   96  must be cleaned at least daily or more often if necessary to
   97  prevent accumulation and to reduce disease, hazards, insects,
   98  pests, and odors. Dogs must be removed from enclosures during
   99  cleaning.
  100         (e)Ensure that all dogs housed in the same housing or
  101  enclosure are compatible, as determined by observation by
  102  trained persons. Animals that have a vicious or aggressive
  103  disposition must be housed individually. Breeding females in
  104  heat may not be housed in the same enclosure with sexually
  105  mature males, except for breeding. Breeding females that have
  106  litters may not be housed in the same enclosure with other adult
  107  dogs. Puppies younger than 12 weeks of age may not be housed in
  108  the same enclosure with other adult dogs, other than the dam or
  109  foster dam.
  110         (f)Provide dogs with easy and convenient access to
  111  adequate amounts of clean food and water. Food and water
  112  receptacles must be regularly cleaned and sanitized. Enclosures
  113  must contain potable water that is not frozen, is free from
  114  debris, and is readily accessible to all dogs at all times.
  115         (g)Provide veterinary care without delay when necessary. A
  116  male unaltered dog must be examined by a veterinarian at least
  117  once a year, and a female unaltered dog must be examined by a
  118  veterinarian at least once a year or before each attempt to
  119  breed, whichever occurs more frequently. The veterinarian shall
  120  use appropriate methods to prevent, control, diagnose, and treat
  121  diseases and injuries. A dog may not be bred if a veterinarian
  122  determines that the animal is unfit for breeding purposes. Only
  123  dogs between the ages of 18 months and 8 years of age may be
  124  used for breeding. Female dogs may be allowed to whelp only one
  125  litter per year. Ear cropping, tail docking, debarking, and
  126  surgical births are prohibited except under anesthesia and must
  127  be performed by a licensed veterinarian. Animals requiring
  128  euthanasia may be euthanized only by a licensed veterinarian.
  129         (3)An animal control officer, other authorized public
  130  health or safety official, or law enforcement officer may, upon
  131  receiving a complaint or upon his or her own initiative,
  132  investigate any alleged violation of this section. The
  133  investigation may include:
  134         (a)The inspection of the books and records of any person
  135  or business that is subject to the provisions of this section;
  136  and
  137         (b)The inspection of any place where dogs are bred or
  138  maintained. In conducting the inspection, the officer or
  139  official may enter any premises where animals may be bred or
  140  maintained during daytime hours. A person or business that is
  141  the subject of an investigation under this section shall provide
  142  assistance to the officer or official in making any inspection
  143  authorized by this section.
  144         (4)A person who violates this section commits a
  145  misdemeanor of the first degree, punishable as provided in s.
  146  775.082 or s. 775.083.
  147         (5)This section does not apply to:
  148         (a)A publicly operated animal control facility or animal
  149  shelter;
  150         (b)A private, charitable, or not-for-profit humane
  151  society, animal adoption organization, or animal rescue
  152  organization;
  153         (c)A veterinary facility;
  154         (d)A retail pet store;
  155         (e)A research institution; or
  156         (f)A boarding facility.
  157  
  158  As used in this subsection, the term “retail pet store” means a
  159  commercial establishment that engages in the for-profit business
  160  of selling at retail cats, dogs, or other animals to be kept as
  161  household pets. The term does not include any person or
  162  establishment that breeds or raises animals to sell, exchange,
  163  or broker or who otherwise transfers the animals to the public
  164  as household pets.
  165         Section 2. This act shall take effect January 1, 2010.