Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 494
Ì510562ÅÎ510562
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/10/2025 .
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The Appropriations Committee on Criminal and Civil Justice
(Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete line 13
4 and insert:
5 Section 1. Part III of chapter 585, Florida Statutes,
6 consisting of ss. 585.71-585.717, Florida Statutes, is created
7 and entitled “Dog Breeding.”
8 Section 2. Section 585.71, Florida Statutes, is created to
9 read:
10 585.71 Legislative findings and intent.—
11 (1) The Legislature finds that:
12 (a) Breeding dogs for profit with no regard for the
13 condition in which the dogs live or how they are cared for is an
14 act of animal cruelty.
15 (b) The registration of individuals or corporations that
16 breed dogs for profit is necessary to prevent the cruel
17 treatment of dogs, to prevent bred dogs that end up in shelters
18 from being euthanized at a financial cost to local and state
19 governments, and to prevent the emotional suffering of
20 individuals and families that experience the unethical and bad
21 business practices of some dog breeders.
22 (2) It is the intent of the Legislature to require any
23 individual or corporation that breeds dogs for profit to
24 register with the Department of Agriculture and Consumer
25 Services and for dog breeding facilities to be inspected by the
26 department to ensure that quality standards are met and that
27 only qualified individuals and facilities are authorized to
28 breed dogs, with a goal of reducing the number of sick and
29 unwanted dogs in this state.
30 Section 3. Section 585.711, Florida Statutes, is created to
31 read:
32 585.711 Definitions.—As used in this part, the term:
33 (1) “Breeding female dog” means a dog that has not been
34 spayed, is more than 6 months old, and is capable of
35 reproduction.
36 (2) “Certificate of inspection” means an official document
37 issued by the department to a dog breeding facility stipulating
38 compliance with this part and any department rules.
39 (3) “Certificate of registration” means an official
40 document issued by the department to a dog breeder as evidence
41 of being properly registered with the department in compliance
42 with this part and any department rules.
43 (4) “Consideration” means anything of value, including, but
44 not limited to, cash, credit, electronic transfer, services, or
45 any type of or interest in property.
46 (5) “Department” means the Department of Agriculture and
47 Consumer Services.
48 (6) “Dog breeder” means a person who owns or possesses a
49 breeding female dog and offers dogs bred from the breeding
50 female dog for sale or exchange in return for consideration.
51 (7) “Dog breeding facility” means any location in which a
52 dog breeder has at least one breeding female dog.
53 (8) “Federal regulations” means the federal Animal Welfare
54 Act, 9 C.F.R. part 3, subpart A.
55 (9) “Transfer” means a transaction in which, for
56 consideration, a dog is exchanged, offered to be exchanged, or
57 advertised for a commercial purpose.
58 Section 4. Section 585.712, Florida Statutes, is created to
59 read:
60 585.712 Construction; presumption of use for dog breeding.—
61 (1) The authority of the department to regulate and inspect
62 dog breeders and breeding facilities does not preempt local
63 governmental entities from placing more restrictive conditions
64 on such facilities.
65 (2) For the purposes of this part, each breeding female dog
66 possessed by a dog breeder is presumed to be used for breeding
67 purposes unless the person establishes to the satisfaction of
68 the department, based on the dog breeder’s breeding records or
69 other evidence reasonably acceptable to the department, that the
70 dog is not used for breeding.
71 Section 5. Section 585.713, Florida Statutes, is created to
72 read:
73 585.713 Certificates of registration and inspection.—
74 (1) Each dog breeder within this state must apply to the
75 department, on forms supplied by the department, for a
76 certificate of registration.
77 (2) The certificate of registration, the structure of which
78 shall be determined by the department, must be renewed annually
79 by its anniversary date upon satisfactory showing that the
80 applicant has complied with this part and the rules of the
81 department.
82 (3) The department shall provide to each dog breeder
83 subject to this section a written notice and renewal form 60
84 days before the annual renewal date, informing the dog breeder
85 of the certificate of registration renewal date.
86 (4) The department may assess penalties for late filing,
87 not to exceed $500. Upon application before the renewal date,
88 the department may, for good cause, such as natural disasters,
89 hardship cases, or unusual circumstances, supported by written
90 documentation, extend the renewal date without penalty for up to
91 90 days.
92 (5) The department shall issue a certificate of inspection
93 to any dog breeding facility that meets the requirements of this
94 part and the rules of the department.
95 (6) Each dog breeder and dog breeding facility must
96 conspicuously post its certificates of registration and
97 inspection in a place that is in clear and unobstructed public
98 view.
99 Section 6. Section 585.714, Florida Statutes, is created to
100 read:
101 585.714 Powers and duties of the department.—The department
102 shall do all of the following:
103 (1) Adopt rules to administer and enforce this part.
104 (2) Adopt, in consultation with local governmental entities
105 and dog rescue organizations, rules relating to standards of
106 care for dog breeding. The standards of care rules must, at
107 minimum:
108 (a) Meet the minimum federal regulations for dog breeding
109 facilities.
110 (b) Include limitations on the number of breeding female
111 dogs per dog breeder and on the number of times a breeding
112 female dog may be bred annually.
113 (c) Include requirements for the space, exercise,
114 confinement, veterinary care, temperature, food, and euthanasia
115 of each bred dog and require that each breeding female have a
116 certificate of veterinary inspection.
117 (3) Adopt and publish rules governing the application for
118 and issuance, suspension, and revocation of certificates of
119 registration and inspection.
120 (4) Inspect, or cause to be inspected, all dog breeding
121 facilities. In inspecting a dog breeding facility, the
122 department may:
123 (a) Enter and inspect any dog breeding facility to
124 determine whether this part and department rules are being
125 complied with and to seize, without compensation, any dogs from
126 such facilities or breeders in violation of this part or
127 department rule. To enter a dog breeding facility under this
128 section, there must be probable cause.
129 (b) Declare a dog breeding facility noncompliant and
130 provide the facility owner or operator an opportunity to cure
131 the noncompliance within a specified period of days, not to
132 exceed 10 days.
133 (c) Assess fines.
134 (d) Enter into a cooperative arrangement with any person,
135 municipality, county, or organization to perform inspections or
136 boarding of confiscated dogs.
137 (e) Create a system of risk-based inspection frequency to
138 reduce regulation while ensuring compliance with standards of
139 care.
140 (f) Suspend or revoke certificates of registration and
141 inspection of dog breeders and dog breeding facilities.
142 (g) Establish an expedited review system for confiscated
143 dogs to ensure that they are not held indefinitely.
144 (5) Create a publicly available database on the
145 department’s website which contains all of the following
146 information:
147 (a) All dog breeder certificates of registration and dog
148 breeding facility certificates of inspection issued pursuant to
149 this part.
150 (b) Any administrative action taken against a dog breeder,
151 dog breeding facility, or retail establishment pursuant to s.
152 585.715(3)(c).
153 (6) Establish a whistleblower program whereby any
154 individual may alert the department about violations, and
155 provide a reward system for such alerts which may be funded with
156 fines or through an agreement with a private organization.
157 Section 7. Section 585.715, Florida Statutes, is created to
158 read:
159 585.715 Microchipping; certificates; retail sale of dogs.—
160 (1) A dog breeder or dog breeding facility shall fit each
161 breeding female dog or any dog that it intends to offer for sale
162 with a unique microchip and register the unique microchip with
163 the department.
164 (2) A retail establishment that sells dogs in this state
165 shall do all of the following:
166 (a) Conspicuously post in a place that is in clear and
167 unobstructed public view any certificates of registration and
168 inspection from dog breeding facilities from which the
169 establishment obtains dogs for sale.
170 (b) Ensure that any dog offered for sale in the retail
171 establishment is fitted with a unique microchip by the dog
172 breeder or dog breeding facility pursuant to subsection (1). The
173 retail establishment may not accept any dog for sale which does
174 not have a microchip registered with the department.
175 (c) Provide a certificate of veterinary inspection for each
176 dog offered for sale.
177 (3)(a) Any person who violates paragraph (2)(a) may be
178 subject to a fine established by the department.
179 (b) A retail establishment that violates subsection (1) or
180 paragraph (2)(b) is subject to a Class I fine pursuant to s.
181 570.971. Each dog offered for sale in violation of this section
182 constitutes a separate violation.
183 (c) Any person, retail establishment, or dog breeding
184 facility that violates this section shall be placed on a
185 registry created by the department which details the violation.
186 Section 8. Section 585.716, Florida Statutes, is created to
187 read:
188 585.716 Outdoor dog sales.—It is unlawful for any person to
189 engage in a transfer at any roadside, public right-of-way,
190 parkway, median, park, other recreational area, fair, flea
191 market, outdoor market, commercial or retail parking lot, or
192 similar transient or outdoor location, regardless of whether
193 such activity is otherwise authorized. This section does not
194 apply to:
195 (1) A transfer by a person or an entity that has and
196 produces upon request, in paper, electronic, or other form, a
197 valid license to sell dogs which was issued by the department.
198 (2) A transfer by a paid entrant as part of a fair or an
199 exhibition who possesses a breeder or retail license to sell
200 dogs.
201 Section 9. Section 585.717, Florida Statutes, is created to
202 read:
203 585.717 Enforcement; fines.—
204 (1) If the department determines that a dog breeder or dog
205 breeding facility is operating in violation of this part, the
206 department may revoke or suspend the breeder’s or facility’s
207 certificate of registration.
208 (2) The department may confiscate all or a portion of the
209 dogs in the dog breeding facility pending the outcome of any
210 hearings or appeals. The dog breeder is responsible for payment
211 of all boarding costs and other fees as may be required to
212 humanely and safely house the dogs pending any hearing or
213 appeal.
214 (3) Any administrative order made and entered by the
215 department imposing a fine pursuant to this part must specify
216 the amount of the fine and the time limit for payment, which may
217 not exceed 15 days. Upon failure to pay the fine within the time
218 limit, the certificate of registration or inspection of the
219 breeder or facility may be suspended or revoked without further
220 hearing. An additional fine of $100 per day may be imposed until
221 the breeder or facility complies with the order.
222 (4) If a dog breeding facility certificate of registration
223 is revoked, the facility and its registered owners and officers
224 are prohibited from breeding dogs in this state. A person who
225 violates this subsection:
226 (a) For a first offense, commits a misdemeanor of the first
227 degree, punishable as provided in s. 775.082 or s. 775.083; and
228 (b) For a second or subsequent offense, commits a felony of
229 the third degree, punishable as provided in s. 775.082, s.
230 775.083, or s. 775.084.
231 (5) Any law enforcement agency, including animal control
232 departments, may enter into an agreement with the department to
233 obtain reimbursement for its costs to enforce this section.
234 Section 10. Subsection (1) of section 585.007, Florida
235 Statutes, is amended to read:
236 585.007 Violation of rules; violation of chapter.—
237 (1) Unless otherwise provided, a person who violates this
238 chapter or any rule of the department is shall be subject to the
239 imposition of an administrative fine in the Class III category
240 pursuant to s. 570.971 for each offense. Upon repeated
241 violation, the department may seek enforcement pursuant to s.
242 120.69.
243 Section 11. Sections 12 and 13 of this act may be cited as
244 “Dexter’s Law.”
245
246 ================= T I T L E A M E N D M E N T ================
247 And the title is amended as follows:
248 Delete lines 2 - 3
249 and insert:
250 An act relating to animal cruelty; creating part III
251 of ch. 585, F.S., entitled “Dog Breeding”; creating s.
252 585.71, F.S.; providing legislative findings and
253 intent; creating s. 585.711, F.S.; defining terms;
254 creating s. 585.712, F.S.; providing construction;
255 providing a presumption that a breeding female dog is
256 being used for breeding purposes unless certain
257 conditions are met; creating s. 585.713, F.S.;
258 requiring dog breeders to apply for and obtain a
259 certification of registration from the Department of
260 Agriculture and Consumer Services; requiring that the
261 certificate of registration be renewed annually;
262 requiring the department to notify a certificateholder
263 in writing of the renewal date; authorizing the
264 department to assess late filing penalties and to
265 extend a renewal date for a specified number of days;
266 requiring the department to issue certificates of
267 inspection for dog breeding facilities that meet
268 certain requirements and rules; requiring dog breeders
269 and dog breeding facilities to post conspicuously
270 their certificates of registration and inspection;
271 creating s. 585.714, F.S.; requiring the department to
272 adopt rules; requiring the department to consult with
273 certain entities in creating rules for standards of
274 care; providing specified criteria for such rules;
275 requiring the department to adopt and publish rules
276 governing the application for and issuance, suspension
277 and revocation of certificates of registration and
278 inspection; authorizing the department to enter and
279 inspect any dog breeding facility; requiring probable
280 cause for such entry; authorizing the department to
281 take certain enforcement actions against a dog breeder
282 or dog breeding facility; authorizing the department
283 to suspend or revoke certificates of registration and
284 inspection under certain circumstances; authorizing
285 the department to assess fines; authorizing the
286 department to enter into cooperative agreements to
287 conduct such inspections; authorizing the department
288 to create a risk-based inspection frequency system;
289 requiring the department to create a publicly
290 available database on the department’s website which
291 contains certain information on dog breeders, dog
292 breeding facilities, and retail establishments that
293 sell dogs; requiring the department to create a
294 whistleblower program for reporting violations;
295 creating s. 585.715, F.S.; requiring dog breeders to
296 microchip certain dogs; requiring that such microchips
297 be registered with the department; requiring a retail
298 establishment that sells dogs to post conspicuously
299 certain certificates of registration and inspection;
300 prohibiting a retail establishment from selling or
301 accepting for sale dogs that do not meet the
302 microchipping requirements; requiring a retail
303 establishment to provide a certificate of veterinary
304 inspection for each dog offered for sale; providing
305 civil penalties; creating s. 585.716, F.S.;
306 prohibiting the transfer of dogs for consideration in
307 specified outdoor spaces; providing applicability;
308 creating s. 585.717, F.S.; providing for enforcement;
309 authorizing civil and criminal penalties; authorizing
310 law enforcement agencies to enter into an agreement
311 with the department for a specified purpose; amending
312 s. 585.007, F.S.; conforming a provision to changes
313 made by the act; providing a short title; amending
314 828.12, F.S.;