Florida Senate - 2014 SB 1574 By Senator Bullard 39-00145-14 20141574__ 1 A bill to be entitled 2 An act relating to the commercial breeding and selling 3 of animals; providing definitions; requiring 4 commercial breeders and dealers to comply with certain 5 federal animal welfare standards and rules adopted by 6 the Department of Business and Professional 7 Regulation; requiring commercial breeders and dealers 8 to register with the department; providing penalties; 9 providing registration and fee requirements; requiring 10 the department to inspect certain facilities; 11 authorizing the department to adopt rules; providing 12 applicability; requiring retail pet stores to annually 13 provide certain information to the department; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Commercial breeding and selling of animals.— 19 (1) As used in this section, the term: 20 (a) “Animal” means a dog or cat as defined in 9 C.F.R. s. 21 1.1. 22 (b) “Commercial breeder” means a person, partnership, firm, 23 corporation, or other entity that: 24 1. Owns, possesses, controls, or otherwise has custody of 25 female animals with intact sexual organs; 26 2. Is engaged in the business of breeding animals for sale; 27 and 28 3. Sells 16 or more animals during any 12-month period. 29 (c) “Dealer” means a person, partnership, firm, 30 corporation, or other entity, excluding a retail pet store, that 31 for profit or compensation is engaged in the business of: 32 1. Buying, selling, or offering to sell animals; 33 2. Transferring animals at wholesale for resale to another; 34 or 35 3. Offering to sell or maintaining animals at wholesale for 36 resale to another as defined in 9 C.F.R. s. 1.1. 37 (d) “Department” means the Department of Business and 38 Professional Regulation. 39 (e) “Federal animal welfare standards” means the 40 requirements for humane handling, care, treatment, housing, 41 temperature, exhibition, and transportation of animals under 9 42 C.F.R. part 3. 43 (f) “Retail pet store” means a place of business as defined 44 in 9 C.F.R. s. 1.1. 45 (2)(a) A commercial breeder or dealer in this state, 46 regardless of whether the breeder or dealer is subject to 47 regulation by the United States Department of Agriculture under 48 9 C.F.R. part 2, must comply with the federal animal welfare 49 standards. If the United States Department of Agriculture amends 50 the federal animal welfare standards, the department may adopt 51 rules requiring that commercial breeders and dealers comply with 52 the amended standards. 53 (b) A commercial breeder or dealer must register with the 54 department on a form prescribed by the department before 55 engaging in the business of breeding animals for sale or buying, 56 selling, or offering to sell animals; transferring animals at 57 wholesale for resale to another; or offering to sell or 58 maintaining animals at wholesale for resale to another. 59 (c) Effective January 1, 2015, a commercial breeder who 60 engages in the business of breeding animals for sale, or a 61 dealer who engages in the business of buying, selling, or 62 offering to sell animals; transferring animals at wholesale for 63 resale to another; or offering to sell or maintaining animals at 64 wholesale for resale to another, without being registered with 65 the department under this section commits a felony of the third 66 degree, punishable as provided in s. 775.082, s. 775.083, or s. 67 775.084, Florida Statutes. 68 (3)(a) A registration application must include the address 69 of each location where the commercial breeder or dealer houses 70 animals, including the address where the breeder’s or dealer’s 71 mobile or traveling housing facilities are kept. The commercial 72 breeder or dealer must allow the department to inspect any 73 location or mobile or traveling housing facility where animals 74 are housed. Before housing animals at any other location or 75 using any other mobile or traveling housing facility, a 76 commercial breeder or dealer must notify the department of such 77 location or facility on a form prescribed by the department. 78 (b) An application for an initial or renewal registration 79 must be accompanied by a registration fee prescribed by the 80 department which, in the aggregate, does not exceed the 81 department’s actual costs of administering this section. 82 (c) The department must conduct an onsite inspection of 83 each location or mobile or traveling housing facility and shall 84 approve a commercial breeder or dealer’s application if the 85 application is complete and accompanied by the registration fee 86 and, upon inspection, the department determines that the 87 commercial breeder or dealer has complied with the federal 88 animal welfare standards pursuant to paragraph (2)(a). The 89 department must annually reinspect each location or mobile or 90 traveling housing facility where a commercial breeder or dealer 91 houses animals. 92 (d) Except as provided in this paragraph, a registration is 93 valid for 2 years. A registration must be renewed on or before 94 its expiration date. In order to establish staggered expiration 95 dates, the department may extend the expiration date of an 96 initial registration for a period not to exceed 12 months. A 97 registration is only valid for the location or mobile or 98 traveling housing facility listed on the registration. 99 (4) If the department determines that a commercial breeder 100 or dealer has violated or is operating in violation of this 101 section or rules or orders issued pursuant to this section, the 102 department may enter an order for any of the following: 103 (a) Issuing a notice of noncompliance under s. 120.695, 104 Florida Statutes. 105 (b) Imposing an administrative fine not to exceed $5,000 106 for each violation. 107 (c) Directing the commercial breeder or dealer to cease and 108 desist specified activities. 109 (d) Refusing to register or revoking or suspending a 110 registration. 111 (e) Placing the registrant on probation for a specified 112 period, subject to the conditions specified by the department. 113 (5) Administrative proceedings seeking the entry of an 114 order imposing any of the penalties specified in subsection (4) 115 shall be governed by chapter 120, Florida Statutes. 116 (6) The department may adopt rules to administer this 117 section. 118 (7) This section does not apply to: 119 (a) A breeder who sells directly to the consumer 15 or 120 fewer animals per year that are born and raised on the breeder’s 121 residential property. 122 (b) An exhibitor licensed under 9 C.F.R. part 2. 123 (c) A kennel operated for the breeding, sale, or care of 124 greyhounds that are not intended to be companion pets. 125 (d) A humane society. 126 (e) A public or private animal shelter. 127 (8) In order to enforce this section, a retail pet store 128 shall annually provide to the department a list of commercial 129 breeders and dealers from which the store purchases animals. 130 Section 2. This act shall take effect July 1, 2014.