Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1004
       
       
       
       
       
       
                                Ì651132nÎ651132                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/10/2026           .                                
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       The Committee on Rules (Gaetz) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (7) of section 828.12, Florida
    6  Statutes, is amended, and a new subsection (8) is added to that
    7  section, to read:
    8         828.12 Cruelty to animals.—
    9         (7) By Beginning January 1, 2027 2026, the Department of
   10  Law Enforcement shall post on its website, in a searchable
   11  format prescribed by the department, the names and any aliases,
   12  the date of birth, the race, the counties of conviction, the
   13  charges, the case numbers, the dispositions, the description of
   14  any identifying marks and tattoos, and a photograph taken at the
   15  time of booking related to the animal cruelty offense of each
   16  individual those individuals who has have been convicted of, or
   17  who has have entered a plea of guilty or nolo contendere to,
   18  regardless of adjudication, a violation of this section.
   19         (8)Each clerk of court and county detention facility must
   20  provide the Department of Law Enforcement with the information,
   21  data, and images required in subsection (7).
   22         Section 2. Subsections (5) through (8), (10), (12), (13),
   23  and (17) of section 828.29, Florida Statutes, are amended, and
   24  subsections (18) and (19) are added to that section, to read:
   25         828.29 Dogs and cats transported or offered for sale;
   26  health requirements; consumer guarantee; disclosures.—
   27         (5) If, within 30 14 days after following the sale by a pet
   28  dealer of an animal subject to this section, a licensed
   29  veterinarian of the consumer’s choosing certifies that, at the
   30  time of the sale, the animal was unfit for purchase due to
   31  illness or disease, the presence of symptoms of a contagious or
   32  infectious disease, or the presence of internal or external
   33  parasites, excluding fleas and ticks; or if, within 1 year after
   34  following the sale of an animal subject to this section, a
   35  licensed veterinarian of the consumer’s choosing certifies such
   36  animal to be unfit for purchase due to a congenital or
   37  hereditary disorder which adversely affects the health of the
   38  animal; or if, within 1 year after following the sale of an
   39  animal subject to this section, the breed, sex, or health of
   40  such animal is found to have been misrepresented to the
   41  consumer, the pet dealer shall afford the consumer the right to
   42  choose one of the following options:
   43         (a) The right to return the animal and receive a refund of
   44  the purchase price, including any interest accrued and the sales
   45  tax or fees paid or due from the purchaser, and reimbursement
   46  for reasonable veterinary costs directly related to the
   47  veterinarian’s examination and certification that the animal dog
   48  or cat is unfit for purchase pursuant to this section or and
   49  directly related to necessary emergency services and treatment
   50  undertaken to relieve the suffering of such animal. If the
   51  consumer financed the animal pursuant to a financing agreement
   52  with the pet dealer, the pet dealer must ensure that the
   53  financing agreement is terminated without penalty to the
   54  consumer;
   55         (b) The right to return the animal and receive an exchange
   56  animal dog or cat of the consumer’s choice of equivalent value,
   57  and reimbursement for reasonable veterinary costs directly
   58  related to the veterinarian’s examination and certification that
   59  the animal dog or cat is unfit for purchase pursuant to this
   60  section or and directly related to necessary emergency services
   61  and treatment undertaken to relieve the suffering of such
   62  animal; or
   63         (c) The right to retain the animal and receive
   64  reimbursement for reasonable veterinary costs for necessary
   65  services and treatment related to the attempt to cure or curing
   66  of the animal, or necessary emergency services or treatment
   67  undertaken to relieve the suffering of such animal received
   68  within 1 year after purchase dog or cat.
   69  
   70  Reimbursement for veterinary costs may not exceed the purchase
   71  price of the animal. The cost of veterinary services is
   72  reasonable if comparable to the cost of similar services
   73  rendered by other licensed veterinarians in proximity to the
   74  treating veterinarian and the services rendered are appropriate
   75  for the certification by the veterinarian.
   76         (6) All financing terms must be disclosed by the pet dealer
   77  to the consumer before the sale of the animal. A mandatory
   78  waiting period of at least 3 calendar days must be imposed
   79  between the date of an agreement to purchase an animal and the
   80  date on which the consumer takes possession of the animal, if
   81  the consumer is financing the animal. The consumer may not sign
   82  a financing agreement until the conclusion of the 3-day waiting
   83  period A consumer may sign a waiver relinquishing his or her
   84  right to return the dog or cat for congenital or hereditary
   85  disorders. In the case of such waiver, the consumer has 48
   86  normal business hours, excluding weekends and holidays, in which
   87  to have the animal examined by a licensed veterinarian of the
   88  consumer’s choosing. If the veterinarian certifies that, at the
   89  time of sale, the dog or cat was unfit for purchase due to a
   90  congenital or hereditary disorder, the pet dealer must afford
   91  the consumer the right to choose one of the following options:
   92         (a) The right to return the animal and receive a refund of
   93  the purchase price, including sales tax, but excluding the
   94  veterinary costs related to the certification that the dog or
   95  cat is unfit; or
   96         (b) The right to return the animal and receive an exchange
   97  dog or cat of the consumer’s choice of equivalent value, but not
   98  a refund of the veterinary costs related to the certification
   99  that the dog or cat is unfit.
  100         (7) Before the sale of an animal, a pet dealer must provide
  101  to the consumer copies of records of all medical examinations or
  102  tests that were conducted on the animal or any medication given
  103  before the purchase of the animal. A pet dealer may specifically
  104  state at the time of sale, in writing to the consumer, the
  105  presence of specific congenital or hereditary disorders, in
  106  which case the consumer has no right to any refund or exchange
  107  for those identified disorders, if such consumer signs a
  108  notification that indicates that the animal has been examined by
  109  a veterinarian who determined that the animal has the identified
  110  congenital or hereditary disorder.
  111         (8) The refund or exchange required by subsection (5) must
  112  or subsection (6) shall be made by the pet dealer not later than
  113  10 business days after following receipt of a signed veterinary
  114  certification as required in subsection (5) or subsection (6).
  115  The consumer must notify the pet dealer within 7 2 business days
  116  after receipt of the veterinarian’s determination that the
  117  animal is unfit. The written certification of unfitness must be
  118  presented to the pet dealer not later than 3 business days
  119  following receipt thereof by the consumer.
  120         (10) If a pet dealer wishes to contest a demand for
  121  veterinary expenses, refund, or exchange made by a consumer
  122  under this section, the dealer may require the consumer to
  123  produce the animal for examination by a licensed veterinarian
  124  designated by the dealer. Upon such examination, if the consumer
  125  and the dealer are unable to reach an agreement that constitutes
  126  one of the options set forth in subsection (5) or subsection (6)
  127  within 10 business days after following receipt of the animal
  128  for such examination, the consumer may initiate an action in a
  129  court of competent jurisdiction, or the county court small
  130  claims court division, in the county where the animal owner
  131  resides, to recover or obtain reimbursement of veterinary
  132  expenses and a, refund, or exchange, as set forth in subsection
  133  (5), and may collect punitive damages in an amount not less than
  134  $2,500 at the discretion of the court.
  135         (12) Every pet dealer who sells an animal to a consumer
  136  must provide the consumer at the time of sale with a printed,
  137  written notice in 14-point boldface type to be signed by the
  138  consumer, printed or typed, which is separate from the contract
  139  and reads as follows:
  140  
  141                           RIGHT TO CANCEL                         
  142         Florida consumers have certain rights under section
  143         828.29, Florida Statutes. You have the right to: 1)
  144         return the animal; 2) exchange the animal; and 3)
  145         receive reimbursement for certain veterinary expenses
  146         under certain circumstances. Please have your new pet
  147         seen by a veterinarian immediately. A copy of this law
  148         is attached to this notice.
  149  
  150         It is the consumer’s right, pursuant to section
  151         828.29, Florida Statutes, to receive a certificate of
  152         veterinary inspection with each animal dog or cat
  153         purchased from a pet dealer. Such certificate shall
  154         list all vaccines and deworming medications
  155         administered to the animal and list any medical
  156         diagnosis and treatments and shall state that the
  157         animal has been examined by a Florida-licensed
  158         veterinarian who certifies that, to the best of the
  159         veterinarian’s knowledge, the animal was found to have
  160         been healthy at the time of the veterinary
  161         examination. In the event that the consumer purchases
  162         the animal and finds it to have been unfit for
  163         purchase as provided in section 828.29(5), Florida
  164         Statutes, the consumer must notify the pet dealer
  165         within 7 2 business days after of the veterinarian’s
  166         determination that the animal was unfit. The consumer
  167         has the right to retain, return, or exchange the
  168         animal and receive reimbursement for certain related
  169         veterinary services rendered to the animal, subject to
  170         the right of the dealer to have the animal examined by
  171         another veterinarian.
  172  
  173  ...(Signature of Animal owner or Lessee, or Owner’s or Lessee’s
  174  Authorized Person)...
  175  
  176         (13) For the purposes of this section subsections (5)-(12)
  177  and (16), the term “pet dealer” means any person, firm,
  178  partnership, corporation, or other association which, in the
  179  ordinary course of business, engages in the sale of more than
  180  three two litters, or 30 20 dogs or cats, per year, whichever is
  181  greater, to the public. This definition includes breeders of
  182  animals who sell such animals directly to a consumer. This
  183  definition does not include not-for-profit entities that offer
  184  animals for sale or adoption as long as the total cost of such
  185  sale or adoption does not exceed $500, including all taxes and
  186  fees, or other costs.
  187         (17) Except as otherwise provided in this chapter, a person
  188  who violates any provision of this section commits a misdemeanor
  189  of the first degree, punishable as provided in s. 775.082 or s.
  190  775.083.
  191         (18)Any record provided to a consumer pursuant to the sale
  192  of an animal under this section must be maintained by the pet
  193  dealer for a period of at least 7 years after the sale.
  194         (19)A pet dealer who violates this section commits an
  195  unfair method of competition or an unfair or deceptive act or
  196  practice in violation of part II of chapter 501 and is subject
  197  to the penalties and remedies provided for such violations.
  198         Section 3. Section 828.291, Florida Statutes, is created to
  199  read:
  200         828.291Best management practices for dog breeding.—
  201         (1)The purpose of this section is to allow voluntary
  202  participation in best management practices relating to minimum
  203  standards of care, facility operations, and breeding practices
  204  for individuals or entities engaged in the breeding of dogs in
  205  order to protect animal welfare, promote responsible breeding,
  206  and ensure the health and safety of animals and consumers.
  207         (2)This section may not be construed to prohibit a local
  208  jurisdiction from implementing requirements for individuals or
  209  entities engaged in the breeding of dogs.
  210         (3)The Department of Agriculture and Consumer Services
  211  shall develop a list of best management practices that
  212  individuals or entities engaged in the breeding of dogs may
  213  voluntarily adopt and implement. Such best management practices
  214  must include minimum standards of care, facility operations, and
  215  breeding practices for individuals or entities engaged in the
  216  breeding of dogs, including, but not limited to, standards
  217  relating to all of the following:
  218         (a)Breeding.
  219         (b)Feeding.
  220         (c)Housing.
  221         (d)Health.
  222         (e)Enrichment.
  223         (f)Selling and transferring, in accordance with s. 828.29.
  224         (g)Recordkeeping, in accordance with s. 828.29.
  225         (4)The Department of Agriculture and Consumer Services
  226  shall post on its website guidance for the public about how to
  227  identify the breeders that are following best breeder practices
  228  and provide a checklist to use when purchasing an animal.
  229         (5)The Department of Agriculture and Consumer Services
  230  shall post on its website information regarding animal cruelty,
  231  including a description of conduct constituting animal cruelty
  232  under ss. 828.12 and 828.13, the penalties for such conduct, and
  233  instructions for reporting suspected animal cruelty or abuse to
  234  the appropriate local authorities, including the contact
  235  information for at least one appropriate authority for each
  236  county in the state.
  237         Section 4. Section 828.2911, Florida Statutes, is created
  238  to read:
  239         828.2911Dog Awareness and Welfare Guidelines (DAWG)
  240  Breeder Program.—
  241         (1)The Department of Agriculture and Consumer Services
  242  shall establish the Dog Awareness and Welfare Guidelines (DAWG)
  243  Breeder Program to recognize dog breeders who have voluntarily
  244  adopted and implemented the best management practices for dog
  245  breeding. The department shall certify any individual or entity
  246  that the department has determined has voluntarily adopted and
  247  implemented the best management practices for dog breeding
  248  pursuant to s. 828.291 and that has complied with this section.
  249  Such certification is good for 2 years, and dog breeders may
  250  reapply at the expiration of such certification.
  251         (2)Participants in the DAWG Breeder Program must agree to
  252  submit to inspection by the Department of Agriculture and
  253  Consumer Services, or its designee, and pay the actual cost for
  254  such inspection. Subject to appropriations, the department, or
  255  its designee, may conduct an inspection of the applicant’s dog
  256  breeding program, including, but not limited to, all animals
  257  located on an applicant’s premises, the breeding and housing
  258  facilities of such animals, and any records of health or sale
  259  maintained by the applicant.
  260         (a)The department may contract with and designate local
  261  law enforcement or animal services, when local staff and
  262  resources are available, or any other public or private entity
  263  that the department determines regularly conducts animal welfare
  264  investigations, to perform inspections or related investigative
  265  activities. Private service providers may include Florida
  266  licensed veterinarians currently in good standing who have been
  267  licensed for at least 10 years.
  268         (b)If a local government or enforcement authority
  269  determines that it lacks the staff or resources to perform the
  270  inspections, such inspections may be conducted by a private
  271  provider under contract with the department, provided that the
  272  breeder bears the cost of inspection.
  273         (c)If sufficient resources are not available, the
  274  applicant must wait until such resources are available or
  275  contract with a private provider designated and approved by the
  276  department in order to obtain certification.
  277         (3)If the applicant passes the inspection, the department
  278  must provide the applicant with a DAWG Breeder Program
  279  Certificate.
  280         (4)The Department of Agriculture and Consumer Services may
  281  suspend or revoke the DAWG Breeder Program certification of any
  282  dog breeder at any time if the department discovers that such
  283  breeder has failed to maintain best management practices
  284  pursuant to s. 828.291.
  285         (5)A dog breeder that is certified by the program may
  286  identify such certification in its professional practice,
  287  including in marketing and advertising materials.
  288         (6)Program certification is not required for a dog breeder
  289  to engage in dog breeding in this state.
  290         (7)The department shall adopt rules to implement this
  291  section.
  292         Section 5.This act shall take effect July 1, 2026.
  293  
  294  ================= T I T L E  A M E N D M E N T ================
  295  And the title is amended as follows:
  296         Delete everything before the enacting clause
  297  and insert:
  298                        A bill to be entitled                      
  299         An act relating to domestic animals; amending s.
  300         828.12, F.S.; requiring the Department of Law
  301         Enforcement to post on its website specified
  302         information relating to each individual convicted of
  303         specified animal cruelty offenses; requiring the clerk
  304         of each court and county detention facility to provide
  305         the Department of Law Enforcement with such
  306         information; amending s. 828.29, F.S.; extending the
  307         timeframe for which a consumer may pursue remedies for
  308         the sale of an animal certifiably unfit for purchase;
  309         revising such remedies; requiring that all financing
  310         terms be disclosed to the consumer by the pet dealer
  311         before the sale of the animal; requiring a specified
  312         mandatory waiting period between the purchase and
  313         receipt of an animal if the transaction is financed by
  314         the consumer; prohibiting a consumer from signing a
  315         financing agreement until the conclusion of the
  316         specified waiting period; deleting certain provisions
  317         relating to a consumer’s waiver relinquishing his or
  318         her rights to return an animal; requiring a pet dealer
  319         to provide copies of specified medical records to a
  320         consumer; denying a consumer the right to a refund or
  321         an exchange for a pet sale under certain
  322         circumstances; extending the timeframe within which a
  323         consumer must notify the pet dealer of a
  324         veterinarian’s determination that the animal is unfit;
  325         authorizing the consumer to initiate an action in
  326         certain courts for any contestation of veterinary
  327         expenses or demands of the pet dealer for a refund or
  328         exchange; providing for the award of punitive damages;
  329         revising requirements for a required notice to a
  330         consumer; revising the text of the required notice;
  331         revising the definition of the term “pet dealer”;
  332         requiring a pet dealer to retain a copy of a specified
  333         notice for a specified period; providing that
  334         violations constitute an unfair method of competition
  335         or an unfair or deceptive act or practice in violation
  336         of specified provisions and subject to penalties;
  337         creating s. 828.291, F.S.; providing a legislative
  338         purpose; providing construction; requiring the
  339         Department of Agriculture and Consumer Services to
  340         develop a list of best management practices for
  341         adoption and implementation; providing requirements
  342         for such best management practices; requiring the
  343         department to post guidance on its website related to
  344         the selection of breeders and the purchase of an
  345         animal; requiring the department to post information
  346         on its website relating to animal cruelty; providing
  347         requirements for such information; creating s.
  348         828.2911, F.S.; requiring the Department of
  349         Agriculture and Consumer Services to establish the Dog
  350         Awareness and Welfare Guidelines (DAWG) Breeder
  351         Program; providing the purpose of the program;
  352         requiring the department to certify certain
  353         individuals and entities; providing requirements for
  354         such certification; requiring participants in the DAWG
  355         Breeder Program to submit to inspection by the
  356         department and pay the costs for such inspection;
  357         authorizing the department to inspect an applicant’s
  358         dog breeding program; authorizing the department to
  359         contract with specified entities to perform such
  360         inspections or related investigative activities;
  361         authorizing a department private provider to perform
  362         such inspections under certain circumstances;
  363         requiring the department to certify an applicant that
  364         passes the inspection; authorizing the department to
  365         suspend or revoke such certification under certain
  366         circumstances; authorizing a dog breeder to advertise
  367         and market such certification; specifying that a dog
  368         breeder may engage in dog breeding without a
  369         certification; requiring the department to adopt
  370         rules; providing an effective date.