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.