Florida Senate - 2025 SB 1830 By Senator Martin 33-01225-25 20251830__ 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 dog breeders to apply for and obtain a 11 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 a specified number of days; 18 requiring the department to issue certificates of 19 inspection for dog breeding facilities that meet 20 certain requirements and rules; requiring dog breeders 21 and dog breeding facilities to post conspicuously 22 their certificates of registration and inspection; 23 creating s. 585.714, F.S.; requiring the department to 24 adopt rules; requiring the department to consult with 25 certain entities in creating rules for standards of 26 care; providing specified criteria for such rules; 27 requiring the department to adopt and publish rules 28 governing the application for and issuance, suspension 29 and revocation of certificates of registration and 30 inspection; authorizing the department to enter and 31 inspect any dog breeding facility; requiring probable 32 cause for such entry; authorizing the department to 33 take certain enforcement actions against a dog breeder 34 or dog breeding facility; authorizing the department 35 to suspend or revoke certificates of registration and 36 inspection under certain circumstances; authorizing 37 the department to assess fines; authorizing the 38 department to enter into cooperative agreements to 39 conduct such inspections; authorizing the department 40 to create a risk-based inspection frequency system; 41 requiring the department to create a publicly 42 available database on the department’s website which 43 contains certain information on dog breeders, dog 44 breeding facilities, and retail establishments that 45 sell dogs; requiring the department to create a 46 whistleblower program for reporting violations; 47 creating s. 585.715, F.S.; requiring dog breeders to 48 microchip certain dogs; requiring that such microchips 49 be registered with the department; requiring a retail 50 establishment that sells dogs to post conspicuously 51 certain certificates of registration and inspection; 52 prohibiting a retail establishment from selling or 53 accepting for sale dogs that do not meet the 54 microchipping requirements; requiring a retail 55 establishment to provide a certificate of veterinary 56 inspection for each dog offered for sale; providing 57 civil penalties; creating s. 585.716, F.S.; 58 prohibiting the transfer of dogs for consideration in 59 specified outdoor spaces; providing applicability; 60 creating s. 585.717, F.S.; providing for enforcement; 61 authorizing civil and criminal penalties; authorizing 62 law enforcement agencies to enter into an agreement 63 with the Department of Agriculture and Consumer 64 Services for a specified purpose; amending s. 585.007, 65 F.S.; conforming a provision to changes made by the 66 act; providing an effective date. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1. Part III of chapter 585, Florida Statutes, 71 consisting of ss. 585.71-585.717, Florida Statutes, is created 72 and entitled “Dog Breeding.” 73 Section 2. Section 585.71, Florida Statutes, is created to 74 read: 75 585.71 Legislative findings and intent.— 76 (1) The Legislature finds that: 77 (a) Breeding dogs for profit with no regard for the 78 condition in which the dogs live or how they are cared for is an 79 act of animal cruelty. 80 (b) The registration of individuals or corporations that 81 breed dogs for profit is necessary to prevent the cruel 82 treatment of dogs, to prevent bred dogs that end up in shelters 83 from being euthanized at a financial cost to local and state 84 governments, and to prevent the emotional suffering of 85 individuals and families that experience the unethical and bad 86 business practices of some dog breeders. 87 (2) It is the intent of the Legislature to require any 88 individual or corporation that breeds dogs for profit to 89 register with the Department of Agriculture and Consumer 90 Services and for dog breeding facilities to be inspected by the 91 department to ensure that quality standards are met and that 92 only qualified individuals and facilities are authorized to 93 breed dogs, with a goal of reducing the number of sick and 94 unwanted dogs in this state. 95 Section 3. Section 585.711, Florida Statutes, is created to 96 read: 97 585.711 Definitions.—As used in this part, the term: 98 (1) “Breeding female dog” means a dog that has not been 99 spayed and is more than 6 months old and capable of 100 reproduction. 101 (2) “Certificate of inspection” means an official document 102 issued by the department to a dog breeding facility stipulating 103 compliance with this part and any department rules. 104 (3) “Certificate of registration” means an official 105 document issued by the department to a dog breeder as evidence 106 of being properly registered with the department in compliance 107 with this part and any department rules. 108 (4) “Dog breeder” means a person who owns or possesses a 109 breeding female dog and offers dogs bred from the breeding 110 female dog for sale or exchange in return for consideration. 111 (5) “Dog breeding facility” means any location in which a 112 dog breeder has at least one breeding female dog. 113 (6) “Department” means the Department of Agriculture and 114 Consumer Services. 115 (7) “Federal regulations” means the federal Animal Welfare 116 Act, 9 C.F.R. Part 3, Subpart A. 117 (8) “Transfer” means a transaction in which, for 118 consideration, a dog is exchanged, offered to be exchanged, or 119 advertised for a commercial purpose. 120 (9) “Consideration” means anything of value, including, but 121 not limited to, cash, credit, electronic transfer, services, or 122 any type of or interest in property. 123 Section 4. Section 585.712, Florida Statutes, is created to 124 read: 125 585.712 Construction; presumption of use for dog breeding.— 126 (1) The authority of the department to regulate and inspect 127 dog breeders and breeding facilities does not preempt local 128 governmental entities from placing more restrictive conditions 129 on such facilities. 130 (2) For the purposes of this part, each breeding female dog 131 possessed by a dog breeder is presumed to be used for breeding 132 purposes unless the person establishes to the satisfaction of 133 the department, based on the dog breeder’s breeding records or 134 other evidence reasonably acceptable to the department, that the 135 dog is not used for breeding. 136 Section 5. Section 585.713, Florida Statutes, is created to 137 read: 138 585.713 Certificate of registration and inspection.— 139 (1) Each dog breeder within this state must apply to the 140 department, on forms supplied by the department, for a 141 certificate of registration. 142 (2) The certificate of registration, the structure of which 143 shall be determined by the department, must be renewed annually 144 on its anniversary date upon satisfactory showing that the 145 applicant has complied with this part and the rules of the 146 department. 147 (3) The department shall provide to each dog breeder 148 subject to this section a written notice and renewal form 60 149 days before the annual renewal date, informing the dog breeder 150 of the certificate of registration renewal date. 151 (4) The department may assess penalties for late filing, 152 not to exceed $500. Upon application before the renewal date, 153 the department may, for good cause, such as natural disasters, 154 hardship cases, or unusual circumstances, supported by written 155 documentation, extend the renewal date without penalty for up to 156 90 days. 157 (5) The department shall issue a certificate of inspection 158 to any dog breeding facility that meets the requirements of this 159 part and the rules of the department. 160 (6) Each dog breeder and dog breeding facility must 161 conspicuously post its certificates of registration and 162 inspection in a place that is in clear and unobstructed public 163 view. 164 Section 6. Section 585.714, Florida Statutes, is created to 165 read: 166 585.714 Powers and duties of the department.—The department 167 shall do all of the following: 168 (1) Adopt rules to administer and enforce this part. 169 (2) Adopt, in consultation with local governmental entities 170 and dog rescue organizations, rules relating to standards of 171 care for dog breeding. The standards of care rules must, at 172 minimum: 173 (a) Meet the minimum federal regulations for dog breeding 174 facilities. 175 (b) Include limitations on the number of breeding female 176 dogs per dog breeder and on the number of times a breeding 177 female dog may be bred annually. 178 (c) Include requirements for the space, exercise, 179 confinement, veterinary care, temperature, food, and euthanasia 180 of each bred dog, and require that each breeding female have a 181 certificate of veterinary inspection. 182 (3) Adopt and publish rules governing the application for 183 and issuance, suspension, and revocation of certificates of 184 registration and inspection. 185 (4) Inspect, or cause to be inspected, all dog breeding 186 facilities. In inspecting a dog breeding facility, the 187 department may: 188 (a) Enter and inspect any dog breeding facility to 189 determine whether this part and department rules are being 190 complied with and to seize, without compensation, any dogs from 191 such facilities or breeders in violation of this part or 192 department rule. To enter a dog breeding facility under this 193 section, there must be probable cause. 194 (b) Declare a dog breeding facility noncompliant and 195 provide the facility owner or operator an opportunity to cure 196 the noncompliance within a specified period of days, not to 197 exceed 10 days. 198 (c) Assess fines. 199 (d) Enter into a cooperative arrangement with any person, 200 municipality, county, or organization to perform inspections or 201 boarding of confiscated dogs. 202 (e) Create a system of risk-based inspection frequency to 203 reduce regulation while ensuring compliance with standards of 204 care. 205 (f) Suspend or revoke certificates of registration and 206 inspection of dog breeders and dog breeding facilities. 207 (g) Establish an expedited review system for confiscated 208 dogs to ensure that they are not held indefinitely. 209 (5) Create a publicly available database on the 210 department’s website which contains all of the following 211 information: 212 (a) All dog breeder certificates of registration and dog 213 breeding facility certificates of inspection issued pursuant to 214 this part. 215 (b) Any administrative action taken against a dog breeder, 216 dog breeding facility, or retail establishment pursuant to s. 217 585.715(3)(c). 218 (6) Establish a whistleblower program whereby any 219 individual may alert the department about violations, and 220 provide a reward system for such alerts which may be funded with 221 fines or through an agreement with a private organization. 222 Section 7. Section 585.715, Florida Statutes, is created to 223 read: 224 585.715 Microchipping; certificates; retail sale of dogs.— 225 (1) A dog breeder or dog breeding facility shall fit each 226 breeding female dog or any dog that it intends to offer for sale 227 with a unique microchip and register the unique microchip with 228 the department. 229 (2) A retail establishment that sells dogs in this state 230 shall do all of the following: 231 (a) Conspicuously post in a place that is in clear and 232 unobstructed public view any certificates of registration and 233 inspection from dog breeding facilities from which the 234 establishment obtains dogs for sale. 235 (b) Ensure that any dog offered for sale in the retail 236 establishment is fitted with a unique microchip by the dog 237 breeder or dog breeding facility pursuant to subsection (1). The 238 retail establishment may not accept any dog for sale which does 239 not have a microchip registered with the department. 240 (c) Provide a certificate of veterinary inspection for each 241 dog offered for sale. 242 (3)(a) Any person who violates paragraph (2)(a) may be 243 subject to a fine established by the department. 244 (b) A retail establishment that violates subsection (1) or 245 paragraph (2)(b) is subject to a Class I fine pursuant to s. 246 570.971. Each dog offered for sale in violation of this section 247 constitutes a separate violation. 248 (c) Any person, retail establishment, or dog breeding 249 facility that violates this section shall be placed on a 250 registry created by the department which details the violation. 251 Section 8. Section 585.716, Florida Statutes, is created to 252 read: 253 585.716 Outdoor dog sales.—It is unlawful for any person to 254 engage in a transfer at any roadside, public right-of-way, 255 parkway, median, park, other recreational area, fair, flea 256 market, outdoor market, commercial or retail parking lot, or 257 similar transient or outdoor location, regardless of whether 258 such activity is otherwise authorized. This section does not 259 apply to: 260 (1) A transfer by a person or an entity that has and 261 produces upon request, in paper, electronic, or other form, a 262 valid license to sell dogs which was issued by the Department of 263 Agriculture and Consumer Services. 264 (2) A transfer by a paid entrant as part of a fair or an 265 exhibition who possesses a breeder or retail license to sell 266 dogs. 267 Section 9. Section 585.717, Florida Statutes, is created to 268 read: 269 585.717 Enforcement; fines.— 270 (1) If the department determines that a dog breeder or dog 271 breeding facility is operating in violation of this part, the 272 department may revoke or suspend the breeder’s or facility’s 273 certificate of registration. 274 (2) The department may confiscate all or a portion of the 275 dogs in the dog breeding facility pending the outcome of any 276 hearings or appeals. The dog breeder is responsible for payment 277 of all boarding costs and other fees as may be required to 278 humanely and safely house the dogs pending any hearing or 279 appeal. 280 (3) Any administrative order made and entered by the 281 department imposing a fine pursuant to this part must specify 282 the amount of the fine and the time limit for payment, which may 283 not exceed 15 days. Upon failure to pay the fine within the time 284 limit, the certificate of registration or inspection of the 285 breeder or facility may be suspended or revoked without further 286 hearing. An additional fine of $100 per day may be imposed until 287 the breeder or facility complies with the order. 288 (4) If a dog breeding facility certificate of registration 289 is revoked, the facility and its registered owners and officers 290 are prohibited from breeding dogs in this state. A person who 291 violates this subsection: 292 (a) For a first offense, commits a misdemeanor of the first 293 degree, punishable as provided in s. 775.082 or s. 775.083; and 294 (b) For a second or subsequent offense, commits a felony of 295 the third degree, punishable as provided in s. 775.082, s. 296 775.083, or s. 775.084. 297 (5) Any law enforcement agency, including animal control 298 departments, may enter into an agreement with the Department of 299 Agriculture and Consumer Services to obtain reimbursement for 300 its costs to enforce this section. 301 Section 10. Subsection (1) of section 585.007, Florida 302 Statutes, is amended to read: 303 585.007 Violation of rules; violation of chapter.— 304 (1) Unless otherwise provided, a person who violates this 305 chapter or any rule of the department isshall besubject to the 306 imposition of an administrative fine in the Class III category 307 pursuant to s. 570.971 for each offense. Upon repeated 308 violation, the department may seek enforcement pursuant to s. 309 120.69. 310 Section 11. This act shall take effect July 1, 2025.