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: 27 828.291 Commercial 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.