Florida Senate - 2017                                    SB 1466
       
       
        
       By Senator Campbell
       
       
       
       
       
       38-01387A-17                                          20171466__
    1                        A bill to be entitled                      
    2         An act relating to pet dealers; providing definitions;
    3         requiring a pet dealer to only sell or offer for sale
    4         a dog procured from a humane society, an animal
    5         shelter, or a person or entity who has not been
    6         adjudicated and issued certain citations for violating
    7         the federal Animal Welfare Act; prohibiting a
    8         commercial dog breeder from selling a dog to a pet
    9         dealer if the breeder is not licensed under such act;
   10         requiring a pet dealer to retain certain records for a
   11         specified period after the sale of any dog; providing
   12         penalties; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Pet dealers; procurement of dogs for sale;
   17  penalties.—
   18         (1) As used in this section, the term:
   19         (a) “Animal shelter” means a facility operated for the
   20  purposes of finding permanent adoptive homes for animals or
   21  providing shelter for seized, stray, homeless, abandoned, or
   22  surrendered animals.
   23         (b) “Commercial dog breeder” means any person who maintains
   24  30 or more adult female dogs, per year, for the primary purpose
   25  of selling their offspring.
   26         (c) “Humane society” means any incorporated, nonprofit
   27  organization that is organized for the purposes of preventing
   28  cruelty to animals and promoting the humane care and treatment
   29  or adoption of animals.
   30         (d) “Pet dealer” has the same meaning as provided in s.
   31  828.29, Florida Statutes.
   32         (2) A pet dealer may only sell or offer for sale a dog
   33  procured from:
   34         (a) A humane society;
   35         (b) A public or private animal shelter; or
   36         (c) A person or entity who has not been adjudicated for a
   37  violation under the federal Animal Welfare Act of 1966 and who
   38  has not been issued by the United States Department of
   39  Agriculture any of the following:
   40         1. A citation or citations for 5 direct violations within a
   41  period of 1 year for which the person or entity was
   42  affirmatively found to have violated the act;
   43         2. A citation or citations for 5 or more indirect
   44  violations specifically related to the welfare of the dog within
   45  1 year after procurement of the dog for sale for which the
   46  person or entity was affirmatively found to have violated the
   47  act; or
   48         3. Two consecutive citations for willfully denying access
   49  to a facility for inspection before procurement of the dog for
   50  sale.
   51         (3) A commercial dog breeder who is not licensed by the
   52  United States Department of Agriculture pursuant to the federal
   53  Animal Welfare Act of 1966 may not sell any dog to a pet dealer.
   54         (4) A pet dealer shall retain records verifying compliance
   55  with this section for at least 2 years after the sale of any
   56  dog.
   57         (5) Any person who violates this section commits a
   58  misdemeanor of the first degree, punishable as provided in s.
   59  775.082 or s. 775.083, Florida Statutes, for each dog sold or
   60  offered for sale.
   61         Section 2. This act shall take effect October 1, 2017.