Florida Senate - 2023                                    SB 1492
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00761A-23                                          20231492__
    1                        A bill to be entitled                      
    2         An act relating to dog breeding; creating part III of
    3         ch. 585, F.S., entitled “Dog Breeding”; creating s.
    4         585.71, F.S.; providing legislative findings and
    5         intent; creating s. 585.711, F.S.; defining terms;
    6         creating s. 585.712, F.S.; providing construction;
    7         providing a presumption that a breeding female dog is
    8         being used for breeding purposes unless certain
    9         conditions are met; creating s. 585.713, F.S.;
   10         requiring certain dog breeders to apply for and obtain
   11         a certification of registration from the Department of
   12         Agriculture and Consumer Services; requiring that the
   13         certificate of registration be renewed annually;
   14         requiring the department to notify a certificateholder
   15         in writing of the date for renewal; authorizing the
   16         department to assess late filing penalties and to
   17         extend a renewal date for good cause for a specified
   18         number of days; requiring the department to issue
   19         certificates of inspection for dog breeding facilities
   20         that meet certain requirements and rules; requiring
   21         dog breeders and dog breeding facilities to
   22         conspicuously post their certificates of registration
   23         and inspection; authorizing private dog owners to
   24         breed a dog under certain circumstances; requiring
   25         such private dog breeders to register with the
   26         department under certain circumstances; creating s.
   27         585.714, F.S.; requiring the department to adopt
   28         rules; requiring the department to consult with
   29         certain entities in creating rules for standards of
   30         care; providing specified criteria for such rules;
   31         authorizing the department to enter and inspect any
   32         dog breeding facility under certain circumstances;
   33         authorizing the department to take certain enforcement
   34         actions against a dog breeder or dog breeding
   35         facility; authorizing the department to suspend or
   36         revoke certificates of registration and inspection
   37         under certain circumstances; authorizing the
   38         department to assess fines; authorizing the department
   39         to enter into cooperative agreements to conduct such
   40         inspections; authorizing the department to create a
   41         risk-based inspection frequency system; requiring the
   42         department to create a publicly available database on
   43         the department’s website which contains certain
   44         information on dog breeders, dog breeding facilities,
   45         and retail establishments that sell dogs; requiring
   46         the department to create a whistleblower program for
   47         reporting violations; creating s. 585.715, F.S.;
   48         requiring dog breeders to microchip certain dogs;
   49         requiring that such microchips be registered with the
   50         department; requiring a retail establishment to
   51         conspicuously post certain certificates of
   52         registration and inspection; requiring a retail
   53         establishment to meet certain microchipping
   54         requirements; providing civil penalties; creating s.
   55         585.716, F.S.; providing for enforcement; authorizing
   56         civil and criminal penalties; amending s. 585.007,
   57         F.S.; conforming a provision to changes made by the
   58         act; providing appropriations for FTE positions for
   59         the department; providing an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Part III of chapter 585, Florida Statutes,
   64  consisting of ss. 585.71-585.716, Florida Statutes, is created
   65  and entitled “Dog Breeding.
   66         Section 2. Section 585.71, Florida Statutes, is created to
   67  read:
   68         585.71Legislative findings and intent.—
   69         (1)The Legislature finds that:
   70         (a)Breeding dogs for profit with no regard for the
   71  condition in which the dogs live or how they are cared for is an
   72  act of animal cruelty.
   73         (b)The registration of individuals or corporations that
   74  breed dogs for profit is necessary to prevent the cruel
   75  treatment of dogs, to prevent bred dogs that end up in shelters
   76  from being euthanized at a financial cost to local and state
   77  governments, and to prevent the emotional suffering of
   78  individuals and families that experience the unethical and bad
   79  business practices of some dog breeders.
   80         (2)It is the intent of the Legislature to require any
   81  individual or corporation that breeds dogs for profit to
   82  register with the Department of Agriculture and Consumer
   83  Services and for dog breeding facilities to be inspected by the
   84  department to ensure that quality standards are met and that
   85  only qualified individuals and facilities are authorized to
   86  breed dogs, with a goal of reducing the number of sick and
   87  unwanted dogs in this state.
   88         Section 3. Section 585.711, Florida Statutes, is created to
   89  read:
   90         585.711Definitions.—As used in this part, the term:
   91         (1)“Breeding female dog” means a dog that has not been
   92  spayed and is more than 6 months old and capable of
   93  reproduction.
   94         (2)“Certificate of inspection” means an official document
   95  issued by the department to a dog breeding facility stipulating
   96  compliance with this part and any department rules.
   97         (3)“Certificate of registration” means an official
   98  document issued by the department to a dog breeder as evidence
   99  of being properly registered with the department in compliance
  100  with this part and any department rules.
  101         (4)“Dog breeder” means a person who owns or possesses a
  102  breeding female dog and offers dogs bred from the breeding
  103  female dog for sale or exchange in return for consideration.
  104         (5)“Dog breeding facility” means any location in which a
  105  dog breeder has at least one breeding female dog.
  106         (6)“Department” means the Department of Agriculture and
  107  Consumer Services.
  108         (7)“Federal regulations” means the federal Animal Welfare
  109  Act, 9 C.F.R. Part 3, Subpart A.
  110         (8)“Private dog owner” means a person or family living in
  111  one household who owns one or more dogs without an intent to
  112  breed a dog for sale.
  113         Section 4. Section 585.712, Florida Statutes, is created to
  114  read:
  115         585.712Construction; presumption of use for dog breeding.—
  116         (1) The authority of the department to regulate and inspect
  117  dog breeders and breeding facilities does not preempt local
  118  governmental entities from placing more restrictive conditions
  119  on such facilities.
  120         (2)For the purposes of this part, each breeding female dog
  121  possessed by a dog breeder is presumed to be used for breeding
  122  purposes unless the dog breeder establishes to the satisfaction
  123  of the department, based on the dog breeder’s breeding records
  124  or other evidence reasonably acceptable to the department, that
  125  the dog is not used for breeding.
  126         Section 5. Section 585.713, Florida Statutes, is created to
  127  read:
  128         585.713Certificate of registration and inspection.—
  129         (1)Each dog breeder with one or more breeding female dogs
  130  within this state must apply to the department, on forms
  131  supplied by the department, for a certificate of registration.
  132         (2)The certificate of registration must be renewed
  133  annually on its anniversary date upon a satisfactory showing
  134  that the applicant has complied with this part and the rules of
  135  the department.
  136         (3)The department shall provide to each dog breeder
  137  subject to this section a written notice and renewal form 60
  138  days before the annual renewal date, informing the dog breeder
  139  of the certificate of registration renewal date.
  140         (4)The department may assess penalties for late filing,
  141  not to exceed $500. Upon application before the renewal date,
  142  the department may, for good cause, such as natural disasters,
  143  hardship cases, or unusual circumstances, supported by written
  144  documentation, extend the renewal date without penalty for up to
  145  90 days.
  146         (5)The department shall issue a certificate of inspection
  147  to any dog breeding facility that meets the requirements of this
  148  part and the rules of the department.
  149         (6)Each dog breeder and dog breeding facility must
  150  conspicuously post its certificates of registration and
  151  inspection in a place that is in clear and unobstructed public
  152  view.
  153         (7)A private dog owner may breed one dog, one time for
  154  personal benefit and may gift or sell any dog from that litter
  155  which he or she chooses not to retain. A private dog owner
  156  within the same household who breeds a second litter of dogs
  157  must register as a dog breeder pursuant to this part.
  158         Section 6. Section 585.714, Florida Statutes, is created to
  159  read:
  160         585.714Powers and duties of the department.—The department
  161  shall do all of the following:
  162         (1)Adopt rules to administer and enforce this part.
  163         (2)Adopt, in consultation with local governmental entities
  164  and dog rescue organizations, rules relating to standards of
  165  care for dog breeding. The standards of care rules must, at
  166  minimum:
  167         (a)Meet the minimum federal regulations for dog breeding
  168  facilities.
  169         (b)Include limitations on the number of breeding female
  170  dogs per dog breeder and on the number of times a breeding
  171  female dog may be bred annually.
  172         (c)Include requirements for the space, exercise,
  173  confinement, veterinary care, temperature, food, and euthanasia
  174  of each breeding dog.
  175         (3)Adopt and publish rules governing the application for
  176  and the issuance, suspension, and revocation of certificates of
  177  registration and inspection.
  178         (4)Inspect, or cause to be inspected, all dog breeding
  179  facilities. In inspecting a dog breeding facility, the
  180  department may:
  181         (a)Enter and inspect any dog breeding facility that it has
  182  probable cause to suspect may be operating in violation of this
  183  part to determine whether this part and department rules are
  184  being complied with and to seize, without compensation, any dogs
  185  from such facilities or breeders who are in violation of this
  186  part or department rule.
  187         (b)Declare a dog breeding facility noncompliant and
  188  provide the facility owner or operator an opportunity to cure
  189  the noncompliance within a specified period of days, not to
  190  exceed 10 days.
  191         (c)Assess fines.
  192         (d)Enter into a cooperative arrangement with any person,
  193  municipality, county, or organization to implement s. 585.713,
  194  to perform inspections or board confiscated dogs, and for such
  195  person or entity to make recommendations to the department to
  196  ensure compliance with department rule.
  197         (e)Create a system of risk-based inspection frequency to
  198  reduce regulation while ensuring compliance with standards of
  199  care.
  200         (f)Suspend or revoke certificates of registration and
  201  inspection of dog breeders and dog breeding facilities.
  202         (5)Create a publicly available database on the
  203  department’s website which contains all of the following
  204  information:
  205         (a)All dog breeder certificates of registration and dog
  206  breeding facility certificates of inspection issued pursuant to
  207  this part.
  208         (b)Any administrative action taken against a dog breeder,
  209  dog breeding facility, or retail establishment pursuant to s.
  210  585.715(3)(c).
  211         (6)Establish a whistleblower program whereby any
  212  individual may alert the department about violations, and
  213  provide a reward system for such alerts which may be funded with
  214  fines or through an agreement with a private organization.
  215         Section 7. Section 585.715, Florida Statutes, is created to
  216  read:
  217         585.715Microchipping; retail sale of dogs.—
  218         (1)A dog breeder or dog breeding facility must fit each
  219  breeding female dog or any dog that it intends to offer for sale
  220  with a unique microchip and register the unique microchip with
  221  the department. If a breeding female dog dies, the person who
  222  registered the dog must submit a notarized letter from a
  223  licensed veterinarian to the department with the dog’s cause of
  224  death.
  225         (2)A retail establishment that sells dogs in this state
  226  must do all of the following:
  227         (a)Conspicuously post in a place that is in clear and
  228  unobstructed public view any certificates of registration and
  229  inspection from dog breeding facilities from which the
  230  establishment obtains dogs for sale.
  231         (b)Ensure that any dog offered for sale in the retail
  232  establishment is fitted with a unique microchip by the dog
  233  breeder or dog breeding facility pursuant to subsection (1). If
  234  a retail establishment purchases a dog offered for sale without
  235  a microchip, the retailer must, within 30 days after the
  236  purchase, fit the dog with a microchip and register the
  237  microchip with the department.
  238         (3)(a)Any person who violates paragraph (2)(a) may be
  239  subject to a fine established by the department.
  240         (b)A retail establishment that violates subsection (1) or
  241  paragraph (2)(b) is subject to a Class I fine pursuant to s.
  242  570.971. Each dog offered for sale in violation of this section
  243  constitutes a separate violation.
  244         (c)Any person, retail establishment, or dog breeding
  245  facility that violates this section shall be placed on a
  246  registry created by the department which details the violation.
  247         Section 8. Section 585.716, Florida Statutes, is created to
  248  read:
  249         585.716Enforcement; fines.—
  250         (1)If the department determines that a dog breeder or dog
  251  breeding facility is operating in violation of this part, the
  252  department may revoke or suspend the breeder’s or facility’s
  253  certificate of registration.
  254         (2)The department may confiscate all or some of the dogs
  255  in the dog breeding facility pending the outcome of any hearings
  256  or appeals. The dog breeder is responsible for payment of all
  257  boarding costs and other fees as may be required to humanely and
  258  safely house the dogs pending any hearing or appeal.
  259         (3)Any administrative order made and entered by the
  260  department imposing a fine pursuant to this part must specify
  261  the amount of the fine and the time limit for payment, which may
  262  not exceed 15 days. Upon failure to pay the fine within the time
  263  limit, the certificate of registration or inspection of the
  264  breeder or facility may be suspended or revoked without further
  265  hearing. An additional fine of $100 per day may be imposed until
  266  the breeder or facility complies with the order.
  267         (4)If a dog breeding facility certificate of registration
  268  is revoked, the facility and its registered owners and officers
  269  are prohibited from breeding dogs in this state and may be
  270  subject to the following penalties:
  271         (a)For a first offense, a misdemeanor of the first degree,
  272  punishable as provided in s. 775.082 or s. 775.083; and
  273         (b)For a second or subsequent offense, a felony of the
  274  third degree, punishable as provided in s. 775.082, s. 775.083,
  275  or s. 775.084.
  276         Section 9. Subsection (1) of section 585.007, Florida
  277  Statutes, is amended to read:
  278         585.007 Violation of rules; violation of chapter.—
  279         (1) Unless otherwise provided, a person who violates this
  280  chapter or any rule of the department is shall be subject to the
  281  imposition of an administrative fine in the Class III category
  282  pursuant to s. 570.971 for each offense. Upon repeated
  283  violation, the department may seek enforcement pursuant to s.
  284  120.69.
  285         Section 10. The following moneys and full-time equivalent
  286  (FTE) positions are appropriated to the Department of
  287  Agriculture and Consumer Services for fiscal year 2023-2024 for
  288  the purpose of implementing this act:
  289         (1)The sum of $350,000 from the General Revenue Fund and
  290  10 FTEs within the department class code 7533 for salaries and
  291  benefits.
  292         (2)The sum of $5,200,000 from the General Revenue Fund and
  293  100 FTEs within the department class code 8515 for salaries and
  294  benefits.
  295         Section 11. This act shall take effect July 1, 2023.