Florida Senate - 2021                                    SB 1138
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00604-21                                            20211138__
    1                        A bill to be entitled                      
    2         An act relating to the retail sale of dogs or cats;
    3         creating s. 828.32, F.S.; defining terms; prohibiting
    4         pet stores from selling or offering for sale dogs or
    5         cats; providing noncriminal penalties; specifying that
    6         municipalities and counties are not restricted from
    7         enacting or enforcing more stringent ordinances;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 828.32, Florida Statutes, is created to
   13  read:
   14         828.32 Retail sale of dogs or cats prohibited; penalty.—
   15         (1) As used in this section, the term:
   16         (a) “Pet store” means a for-profit place of business that
   17  sells or offers for sale animals to the public at retail. The
   18  term does not include a person who offers for sale, directly to
   19  the public, only animals that the person has bred and raised.
   20         (b) “Sell or offer for sale” means to advertise or display
   21  for sale, barter, or trade.
   22         (2) A pet store may not sell or offer for sale a dog or
   23  cat.
   24         (3) A sale or offer for sale of a dog or cat made in
   25  violation of this section constitutes a noncriminal violation,
   26  punishable as provided in s. 775.083. Each sale or offer for
   27  sale made in violation of this section constitutes a separate
   28  offense.
   29         (4) This section does not prohibit the enactment or
   30  enforcement of a municipal or county ordinance restricting the
   31  sale or offer for sale of animals that is more stringent than
   32  this section.
   33         Section 2. This act shall take effect July 1, 2021.