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         585.71Legislative 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         585.711Definitions.—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         585.712Construction; 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         585.713Certificate 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         585.714Powers 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         585.715Microchipping; 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         585.716Outdoor 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 is shall be subject 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.