Florida Senate - 2009 CS for SB 2002
By the Committee on Community Affairs; and Senator Constantine
578-05079A-09 20092002c1
1 A bill to be entitled
2 An act relating to commercial dog breeding; creating
3 s. 828.291, F.S.; declaring as a commercial kennel any
4 person owning, possessing, controlling, or otherwise
5 having in custody 50 or more dogs at any one time;
6 requiring a person who owns or otherwise has custody
7 of 20 or more dogs that are 4 months of age or older
8 to adhere to certain specified guidelines relating to
9 proper and humane conditions, enclosure construction,
10 compatibility of animals, access to food and water,
11 and access to necessary veterinary care and services;
12 authorizing an animal control officer, other
13 authorized public health or safety official, or law
14 enforcement officer, after receiving a complaint, to
15 investigate any alleged violation of the act;
16 providing that a violation of the act is a misdemeanor
17 of the first degree; listing persons and organizations
18 that are not subject to the act; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 828.291, Florida Statutes, is created to
24 read:
25 828.291 Commercial dog kenneling.—
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 if the primary
29 purpose of the dogs is for breeding and selling the offspring as
30 household pets.
31 (2) A person who owns, possesses, controls, or otherwise
32 has custody of 20 or more dogs that have intact sexual organs
33 and that are 4 months of age or older and whose primary purpose
34 is for breeding and selling their offspring as household pets
35 shall:
36 (a) Provide sufficient space to allow each dog to turn
37 about freely and to stand, sit, and lie down.
38 (b) Provide each dog with a minimum of one exercise period
39 during each day for a total of not less than 1 hour of exercise
40 each day. The exercise regimen must include removing the dog
41 from the dog’s primary enclosure and leash-walking the dog or
42 giving the dog access to an enclosure at least four times the
43 size of the primary enclosure and allowing the dog free mobility
44 for the entire exercise period. The exercise requirements in
45 this paragraph do not apply to a dog that is certified by a
46 doctor of veterinary medicine as being medically precluded from
47 exercise.
48 (c) Maintain adequate housing facilities and primary
49 enclosures. Housing facilities and primary enclosures must:
50 1. Be kept in a sanitary condition. Housing facilities
51 where dogs are kept must be sufficiently ventilated at all times
52 to minimize odors, drafts, and ammonia levels and to prevent
53 moisture condensation. Housing facilities must be equipped with
54 working smoke alarms and have a means of fire suppression, such
55 as functioning fire extinguishers or a sprinkler system on the
56 premises. The facilities must have sufficient lighting to allow
57 observation of the dogs at any time during the day or night.
58 2. Enable all dogs to remain dry and clean.
59 3. Provide shelter and protection from extreme temperatures
60 and weather conditions that may be uncomfortable or hazardous to
61 the dogs.
62 4. Provide sufficient shade to shelter all the dogs housed
63 in the primary enclosure at one time.
64 5. Have floors that are constructed in a manner that
65 protects the dogs’ feet and legs from injury. Raised kennels
66 must be slatted with a solid resting surface. Floors constructed
67 of slats must:
68 a. Be flat;
69 b. Have spaces in between the slats which are no more than
70 1/2 of an inch wide;
71 c. Have spaces between them which run the length of the
72 floor;
73 d. Use slats of no less than 3/5 of an inch wide;
74 e. Have level slats within a single enclosure;
75 f. Be strong enough so that the floor does not sag or bend
76 between structural supports; and
77 g. Be constructed of a material that is impervious to
78 moisture and can be cleaned and sanitized.
79 6. Not be stacked more than three units high if the primary
80 enclosures are crates. The entry of the highest crate may not be
81 more than 48 inches above floor level. If crates are stacked,
82 they must have a solid bottom or a solid removable tray in order
83 to prevent soiling the animal below.
84 7. Be cleaned at least daily or more often if necessary, if
85 enclosed, in order to prevent accumulation and reduce disease,
86 hazards, insects, pests, and odors. Dogs must be removed from
87 enclosures during cleaning.
88 (d) Ensure that all dogs housed in the same housing or
89 enclosure are compatible, as determined by observation by
90 trained persons. Animals that have a vicious or aggressive
91 disposition must be housed individually. Breeding females in
92 heat may not be housed in the same enclosure with sexually
93 mature males, except for breeding. Breeding females that have
94 litters may not be housed in the same enclosure with other adult
95 dogs. Puppies younger than 12 weeks of age may not be housed in
96 the same enclosure with other adult dogs, other than the dam or
97 foster dam.
98 (e) Ensure that all dogs have easy and convenient access to
99 adequate amounts of clean food and water. If the primary
100 enclosures are crates, the dogs must be allowed sufficient food
101 and water at appropriate times although constant access may not
102 be practicable. Food and water receptacles must be regularly
103 cleaned and sanitized. Water provided to dogs must be potable
104 water that is not frozen and must be free from debris, algal
105 growth, and contamination.
106 (f) Provide veterinary care without undue delay when
107 necessary. Ear cropping, debarking, or tail docking for animals
108 over 10 days old and surgical births are prohibited except under
109 anesthesia and must be performed by a licensed veterinarian.
110 Animals requiring euthanasia may be euthanized by a licensed
111 veterinarian or by a state-certified euthanasia technician.
112 (3) A person who violates this section commits a
113 misdemeanor of the first degree, punishable as provided in s.
114 775.082 or s. 775.083.
115 (4) This section does not apply to:
116 (a) A publicly operated animal control facility or animal
117 shelter;
118 (b) A private, charitable, or not-for-profit humane
119 society, animal adoption organization, or animal rescue
120 organization;
121 (c) A facility defined in s. 550.002(23) or handling dogs
122 as defined in s. 550.002(29);
123 (d) A veterinary facility;
124 (e) Any sporting dog field trial, competition, or show, or
125 any versatile dog or working dog trial; or
126 (f) Any event, activity, or designated recreational area on
127 public or private lands where the use or containment of hunting
128 or sporting dogs is permitted.
129
130 However, any such exempt facility shall maintain all animals
131 held in the facility in a humane and sanitary manner.
132 Section 2. This act shall take effect January 1, 2010.