Florida Senate - 2009 SB 288
By Senator Bullard
39-00304-09 2009288__
1 A bill to be entitled
2 An act relating to the sale of dogs and cats; amending
3 s. 828.29, F.S.; requiring that additional information
4 relating to the genetic disorders to which dogs and
5 cats are susceptible be included in the written notice
6 that pet dealers provide to a consumer at the time of
7 sale; redefining the term “pet dealer” for purposes of
8 provisions authorizing a purchaser to return an animal
9 to the pet dealer and receive a refund, exchange the
10 animal, or receive a reimbursement of expenses;
11 authorizing the Department of Agriculture and Consumer
12 Services to enforce statutory provisions related to
13 the sale of dogs and cats; providing powers and duties
14 of the department; providing for the adoption of
15 rules; revising penalties; providing an appropriation
16 and authorizing an additional position; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 828.29, Florida Statutes, is amended to
22 read:
23 828.29 Dogs and cats transported or offered for sale;
24 health requirements; consumer guarantee; enforcement by
25 Department of Agriculture and Consumer Services.—
26 (1)(a) For each dog transported into the state for sale,
27 the tests, vaccines, and anthelmintics required by this section
28 must be administered by or under the direction of a
29 veterinarian, licensed by the state of origin and accredited by
30 the United States Department of Agriculture, who issues the
31 official certificate of veterinary inspection. The tests,
32 vaccines, and anthelmintics must be administered no more than 30
33 days and no less than 14 days before the dog's entry into the
34 state. The official certificate of veterinary inspection
35 certifying compliance with this section must accompany each dog
36 transported into the state for sale.
37 (b) For each dog offered for sale within the state, the
38 tests, vaccines, and anthelmintics required by this section must
39 be administered by or under the direction of a veterinarian,
40 licensed by the state and accredited by the United States
41 Department of Agriculture, who issues the official certificate
42 of veterinary inspection. The tests, vaccines, and anthelmintics
43 must be administered before the dog is offered for sale in the
44 state, unless the licensed, accredited veterinarian certifies on
45 the official certificate of veterinary inspection that to
46 inoculate or deworm the dog is not in the best medical interest
47 of the dog, in which case the vaccine or anthelmintic may not be
48 administered to that particular dog. Each dog must receive
49 vaccines and anthelmintics against the following diseases and
50 internal parasites:
51 1. Canine distemper.
52 2. Leptospirosis.
53 3. Bordetella (by intranasal inoculation or by an
54 alternative method of administration if deemed necessary by the
55 attending veterinarian and noted on the health certificate,
56 which must be administered in this state once before sale).
57 4. Parainfluenza.
58 5. Hepatitis.
59 6. Canine parvo.
60 7. Rabies, provided the dog is over 3 months of age and the
61 inoculation is administered by a licensed veterinarian.
62 8. Roundworms.
63 9. Hookworms.
64 If the dog is under 4 months of age, the tests, vaccines, and
65 anthelmintics required by this section must be administered no
66 more than 21 days before sale within the state. If the dog is 4
67 months of age or older, the tests, vaccines, and anthelmintics
68 required by this section must be administered at or after 3
69 months of age, but no more than 1 year before sale within the
70 state.
71 (2)(a) For each cat transported into the state for sale,
72 the tests, vaccines, and anthelmintics required by this section
73 must be administered by or under the direction of a
74 veterinarian, licensed by the state of origin and accredited by
75 the United States Department of Agriculture, who issues the
76 official certificate of veterinary inspection. The tests,
77 vaccines, and anthelmintics must be administered no more than 30
78 days and no less than 14 days before the cat's entry into the
79 state. The official certificate of veterinary inspection
80 certifying compliance with this section must accompany each cat
81 transported into the state for sale.
82 (b) For each cat offered for sale within the state, the
83 tests, vaccines, and anthelmintics required by this section must
84 be administered by or under the direction of a veterinarian,
85 licensed by the state and accredited by the United States
86 Department of Agriculture, who issues the official certificate
87 of veterinary inspection. The tests, vaccines, and anthelmintics
88 must be administered before the cat is offered for sale in the
89 state, unless the licensed, accredited veterinarian certifies on
90 the official certificate of veterinary inspection that to
91 inoculate or deworm the cat is not in the best medical interest
92 of the cat, in which case the vaccine or anthelmintic may not be
93 administered to that particular cat. Each cat must receive
94 vaccines and anthelmintics against the following diseases and
95 internal parasites:
96 1. Panleukopenia.
97 2. Feline viral rhinotracheitis.
98 3. Calici virus.
99 4. Rabies, if the cat is over 3 months of age and the
100 inoculation is administered by a licensed veterinarian.
101 5. Hookworms.
102 6. Roundworms.
103 If the cat is under 4 months of age, the tests, vaccines, and
104 anthelmintics required by this section must be administered no
105 more than 21 days before sale within the state. If the cat is 4
106 months of age or older, the tests, vaccines, and anthelmintics
107 required by this section must be administered at or after 3
108 months of age, but no more than 1 year before sale within the
109 state.
110 (3)(a) Each dog or cat subject to subsection (1) or
111 subsection (2) must be accompanied by a current official
112 certificate of veterinary inspection at all times while being
113 offered for sale within the state. The examining veterinarian
114 must retain one copy of the official certificate of veterinary
115 inspection on file for at least 1 year after the date of
116 examination. At the time of sale of the animal, one copy of the
117 official certificate of veterinary inspection must be given to
118 the buyer. The seller must retain one copy of the official
119 certificate of veterinary inspection on record for at least 1
120 year after the date of sale.
121 (b) The term “official certificate of veterinary
122 inspection” means a legible certificate of veterinary inspection
123 signed by the examining veterinarian licensed by the state of
124 origin and accredited by the United States Department of
125 Agriculture, that shows the age, sex, breed, color, and health
126 record of the dog or cat, the printed or typed names and
127 addresses of the person or business from whom the animal was
128 obtained, the consignor or seller, the consignee or purchaser,
129 and the examining veterinarian, and the veterinarian's license
130 number. The official certificate of veterinary inspection must
131 list all vaccines and deworming medications administered to the
132 dog or cat, including the manufacturer, vaccine, type, lot
133 number, expiration date, and the dates of administration
134 thereof, and must state that the examining veterinarian warrants
135 that, to the best of his or her knowledge, the animal has no
136 sign of contagious or infectious diseases and has no evidence of
137 internal or external parasites, including coccidiosis and ear
138 mites, but excluding fleas and ticks. The Department of
139 Agriculture and Consumer Services shall supply the official
140 intrastate certificate of veterinary inspection required by this
141 section at cost.
142 (c) The examination of each dog and cat by a veterinarian
143 must take place no more than 30 days before the sale within the
144 state. The examination must include, but not be limited to, a
145 fecal test to determine if the dog or cat is free of internal
146 parasites, including hookworms, roundworms, tapeworms, and
147 whipworms. If the examination warrants, the dog or cat must be
148 treated with a specific anthelmintic. In the absence of a
149 definitive parasitic diagnosis, each dog or cat must be given a
150 broad spectrum anthelmintic. Each dog over 6 months of age must
151 also be tested for heartworms. Each cat must also be tested for
152 feline leukemia before being offered for sale in the state. All
153 of these tests must be performed by or under the supervision of
154 a licensed veterinarian, and the results of the tests must be
155 listed on the official certificate of veterinary inspection.
156 (d) All dogs and cats offered for sale and copies of
157 certificates held by the seller and veterinarian are subject to
158 inspection by any agent of the Department of Agriculture and
159 Consumer Services, any agent of the United States Department of
160 Agriculture, any law enforcement officer, or any agent appointed
161 under s. 828.03.
162 (4) A person may not transport into the state for sale or
163 offer for sale within the state any dog or cat that is less than
164 8 weeks of age.
165 (5) If, within 14 days following the sale by a pet dealer
166 of an animal subject to this section, a licensed veterinarian of
167 the consumer's choosing certifies that, at the time of the sale,
168 the animal was unfit for purchase due to illness or disease, the
169 presence of symptoms of a contagious or infectious disease, or
170 the presence of internal or external parasites, excluding fleas
171 and ticks; or if, within 1 year following the sale of an animal
172 subject to this section, a licensed veterinarian of the
173 consumer's choosing certifies such animal to be unfit for
174 purchase due to a congenital or hereditary disorder which
175 adversely affects the health of the animal; or if, within 1 year
176 following the sale of an animal subject to this section, the
177 breed, sex, or health of such animal is found to have been
178 misrepresented to the consumer, the pet dealer shall afford the
179 consumer the right to choose one of the following options:
180 (a) The right to return the animal and receive a refund of
181 the purchase price, including the sales tax, and reimbursement
182 for reasonable veterinary costs directly related to the
183 veterinarian's examination and certification that the dog or cat
184 is unfit for purchase pursuant to this section and directly
185 related to necessary emergency services and treatment undertaken
186 to relieve suffering;
187 (b) The right to return the animal and receive an exchange
188 dog or cat of the consumer's choice of equivalent value, and
189 reimbursement for reasonable veterinary costs directly related
190 to the veterinarian's examination and certification that the dog
191 or cat is unfit for purchase pursuant to this section and
192 directly related to necessary emergency services and treatment
193 undertaken to relieve suffering; or
194 (c) The right to retain the animal and receive
195 reimbursement for reasonable veterinary costs for necessary
196 services and treatment related to the attempt to cure or curing
197 of the dog or cat.
198 Reimbursement for veterinary costs may not exceed the purchase
199 price of the animal. The cost of veterinary services is
200 reasonable if comparable to the cost of similar services
201 rendered by other licensed veterinarians in proximity to the
202 treating veterinarian and the services rendered are appropriate
203 for the certification by the veterinarian.
204 (6) A consumer may sign a waiver relinquishing his or her
205 right to return the dog or cat for congenital or hereditary
206 disorders. In the case of such waiver, the consumer has 48
207 normal business hours, excluding weekends and holidays, in which
208 to have the animal examined by a licensed veterinarian of the
209 consumer's choosing. If the veterinarian certifies that, at the
210 time of sale, the dog or cat was unfit for purchase due to a
211 congenital or hereditary disorder, the pet dealer must afford
212 the consumer the right to choose one of the following options:
213 (a) The right to return the animal and receive a refund of
214 the purchase price, including sales tax, but excluding the
215 veterinary costs related to the certification that the dog or
216 cat is unfit; or
217 (b) The right to return the animal and receive an exchange
218 dog or cat of the consumer's choice of equivalent value, but not
219 a refund of the veterinary costs related to the certification
220 that the dog or cat is unfit.
221 (7) A pet dealer may specifically state at the time of
222 sale, in writing to the consumer, the presence of specific
223 congenital or hereditary disorders, in which case the consumer
224 has no right to any refund or exchange for those disorders.
225 (8) The refund or exchange required by subsection (5) or
226 subsection (6) shall be made by the pet dealer not later than 10
227 business days following receipt of a signed veterinary
228 certification as required in subsection (5) or subsection (6).
229 The consumer must notify the pet dealer within 2 business days
230 after the veterinarian's determination that the animal is unfit.
231 The written certification of unfitness must be presented to the
232 pet dealer not later than 3 business days following receipt
233 thereof by the consumer.
234 (9) An animal may not be determined unfit for sale on
235 account of an injury sustained or illness contracted after the
236 consumer takes possession of the animal. A veterinary finding of
237 intestinal or external parasites is not grounds for declaring a
238 dog or cat unfit for sale unless the animal is clinically ill
239 because of that condition.
240 (10) If a pet dealer wishes to contest a demand for
241 veterinary expenses, refund, or exchange made by a consumer
242 under this section, the dealer may require the consumer to
243 produce the animal for examination by a licensed veterinarian
244 designated by the dealer. Upon such examination, if the consumer
245 and the dealer are unable to reach an agreement that constitutes
246 one of the options set forth in subsection (5) or subsection (6)
247 within 10 business days following receipt of the animal for such
248 examination, the consumer may initiate an action in a court of
249 competent jurisdiction to recover or obtain reimbursement of
250 veterinary expenses, refund, or exchange.
251 (11) This section does not in any way limit the rights or
252 remedies that are otherwise available to a consumer under any
253 other law.
254 (12) Every pet dealer who sells an animal to a consumer
255 must provide the consumer at the time of sale with a written
256 notice, printed or typed, which reads as follows:
257 Dogs and cats are susceptible to more than 300 genetic
258 disorders. Certain breeds may be predisposed to
259 certain health problems. Therefore, it is recommended
260 you get a scientific screening test for your dog or
261 cat to help identify a number of genetic diseases.
262 It is the consumer's right, pursuant to section
263 828.29, Florida Statutes, to receive a certificate of
264 veterinary inspection with each dog or cat purchased
265 from a pet dealer. Such certificate shall list all
266 vaccines and deworming medications administered to the
267 animal and shall state that the animal has been
268 examined by a Florida-licensed veterinarian who
269 certifies that, to the best of the veterinarian's
270 knowledge, the animal was found to have been healthy
271 at the time of the veterinary examination. In the
272 event that the consumer purchases the animal and finds
273 it to have been unfit for purchase as provided in
274 section 828.29(5), Florida Statutes, the consumer must
275 notify the pet dealer within 2 business days of the
276 veterinarian's determination that the animal was
277 unfit. The consumer has the right to retain, return,
278 or exchange the animal and receive reimbursement for
279 certain related veterinary services rendered to the
280 animal, subject to the right of the dealer to have the
281 animal examined by another veterinarian.
282 (13) For the purposes of subsections (5)-(12) and (16), the
283 term “pet dealer” means any person, firm, partnership,
284 corporation, or other association that which, in the ordinary
285 course of business, engages in the sale of more than two
286 litters, or 20 or more dogs or cats, per year, whichever is
287 greater, to the public. This definition includes breeders of
288 animals who sell such animals directly to a consumer.
289 (14)(a) The state attorney may bring an action to enjoin
290 any violator of this section or s. 828.12 or s. 828.13 from
291 being a pet dealer.
292 (b) The Department of Agriculture and Consumer Services
293 shall enforce this section, as provided in chapter 570.
294 (c) The department may request that the state attorney in
295 any circuit or county institute a civil or criminal action to
296 enforce this section or the rules of the department. A person or
297 officer charged with a duty under this section may be compelled
298 to perform the duty by mandamus, injunction, or other
299 extraordinary remedy upon the application and in the name of the
300 department. Injunction shall issue without bond.
301 (d) The department shall adopt rules to administer this
302 section.
303 (15) County-operated or city-operated animal control
304 agencies and registered nonprofit humane organizations are
305 exempt from this section.
306 (16) A pet dealer may not knowingly misrepresent the breed,
307 sex, or health of any dog or cat offered for sale within the
308 state.
309 (17) A person who violates this section or any rule of the
310 department is subject to an administrative fine of up to $10,000
311 for each offense. Upon a second or subsequent violation, the
312 department may seek enforcement pursuant to s. 120.69. Except as
313 otherwise provided in this chapter, a person who violates any
314 provision of this section commits a misdemeanor of the first
315 degree, punishable as provided in s. 775.082 or s. 775.083.
316 Section 2. One additional full-time equivalent position is
317 authorized and $82,669 is appropriated from the General Revenue
318 Fund to the Department of Agriculture and Consumer Services for
319 the 2009-2010 fiscal year for the purpose of carrying out this
320 act.
321 Section 3. This act shall take effect July 1, 2009.