Florida Senate - 2013                                    SB 1596
       By Senator Soto
       14-01110-13                                           20131596__
    1                        A bill to be entitled                      
    2         An act relating to the commercial breeding of animals;
    3         defining terms; requiring commercial breeders to
    4         comply with certain federal animal welfare standards
    5         and rules adopted by the Department of Business and
    6         Professional Regulation that require compliance with
    7         future amendments to the standards; requiring
    8         commercial breeders to register with the department;
    9         providing for registration applications and fees;
   10         providing for the inspection and annual reinspection
   11         of locations where commercial breeders house animals;
   12         providing for the expiration and renewal of
   13         registrations; prohibiting certain acts by commercial
   14         breeders; providing administrative and criminal
   15         penalties; specifying that certain proceedings are
   16         governed by the Administrative Procedure Act;
   17         authorizing the department to adopt rules; providing
   18         an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Commercial breeding of animals; animal welfare
   23  standards; registration and inspection of commercial breeders;
   24  penalties.—
   25         (1) As used in this section, the term:
   26         (a) “Animal” means a dog or cat as defined in 9 C.F.R. s.
   27  1.1.
   28         (b) “Commercial breeder” means a person who owns,
   29  possesses, controls, or otherwise has custody of 11 or more
   30  female animals that have intact sexual organs and who is engaged
   31  in the business of breeding animals for sale.
   32         (c) “Department” means the Department of Business and
   33  Professional Regulation.
   34         (d) “Federal animal welfare standards” means the
   35  requirements for humane handling, care, treatment, housing,
   36  temperature, exhibition, and transportation of animals as
   37  provided in 9 C.F.R. part 3.
   38         (2) A commercial breeder, regardless of whether the breeder
   39  is subject to regulation by the United States Department of
   40  Agriculture under 9 C.F.R. part 2, must comply with the federal
   41  animal welfare standards in this state. If the United States
   42  Department of Agriculture amends the federal animal welfare
   43  standards, the Department of Business and Professional
   44  Regulation may adopt rules requiring that commercial breeders
   45  comply with the amended standards.
   46         (3)(a) Before engaging in the business of breeding animals
   47  for sale, a commercial breeder must register with the department
   48  on forms prescribed by the department.
   49         (b) A registration application must include the address of
   50  each location where the applicant will house animals. Before
   51  approving an applicant’s registration, the department must
   52  conduct an onsite inspection of each location. A registration is
   53  only valid for a location listed on the registration. A
   54  registrant, before housing animals at any other location, must
   55  notify the department of such location on forms prescribed by
   56  the department. The department shall annually reinspect each
   57  location where a registrant houses animals.
   58         (c) An application for an initial or renewal registration
   59  must be accompanied by a registration fee prescribed by the
   60  department which, in the aggregate, does not exceed the
   61  department’s actual costs of administering this section.
   62         (d) If an application is complete and is accompanied by the
   63  registration fee and, upon inspection, the department determines
   64  that the applicant has complied with the federal animal welfare
   65  standards pursuant to subsection (2), the department shall
   66  approve the applicant’s registration.
   67         (e) Except as provided in this paragraph, a registration is
   68  valid for 2 years. A registration must be renewed on or before
   69  its expiration date. In order to establish staggered expiration
   70  dates, the department may extend the expiration date of an
   71  initial registration for a period not to exceed 12 months.
   72         (4) A commercial breeder may not:
   73         (a) Engage in the business of breeding animals for sale
   74  without being registered with the department under this section.
   75         (b) Refuse to allow the department to inspect any location
   76  where the breeder houses animals.
   77         (c) Violate any provision of the federal animal welfare
   78  standards provided in 9 C.F.R. part 3 or rules adopted by the
   79  department which require compliance with amendments to the
   80  standards.
   81         (d) Violate any provision of this section.
   82         (5) The department may enter an order doing one or more of
   83  the following if the department finds that a commercial breeder
   84  has violated or is operating in violation of this section or the
   85  rules or orders issued in accordance with this section:
   86         (a) Issuing a notice of noncompliance under s. 120.695,
   87  Florida Statutes.
   88         (b) Imposing an administrative fine not to exceed $5,000
   89  for each act or omission.
   90         (c) Directing the breeder to cease and desist specified
   91  activities.
   92         (d) Refusing to register or revoking or suspending a
   93  registration.
   94         (e) Placing the registrant on probation for a specified
   95  period, subject to the conditions specified by the department.
   96         (6) Administrative proceedings that may result in the entry
   97  of an order imposing any of the penalties specified in
   98  subsection (5) are governed by chapter 120, Florida Statutes.
   99         (7) Effective October 1, 2013, a commercial breeder who
  100  engages in the business of breeding animals for sale without
  101  being registered with the department under this section commits
  102  a felony of the third degree, punishable as provided in s.
  103  775.082, s. 775.083, or s. 775.084, Florida Statutes.
  104         (8) The department may adopt rules to administer this
  105  section.
  106         Section 2. This act shall take effect July 1, 2013.