January 17, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                                     SB 122
       
       
       
       By Senator Bullard
       
       
       
       
       39-00250-10                                            2010122__
    1                        A bill to be entitled                      
    2         An act relating to the sale of dogs and cats; amending
    3         s. 828.29, F.S.; requiring that additional information
    4         relating to the genetic disorders to which dogs and
    5         cats are susceptible be included in the written notice
    6         that pet dealers provide to a consumer at the time of
    7         sale; redefining the term “pet dealer” for purposes of
    8         provisions authorizing a purchaser to return an animal
    9         to the pet dealer and receive a refund, exchange the
   10         animal, or receive a reimbursement of expenses;
   11         authorizing the Department of Agriculture and Consumer
   12         Services to enforce statutory provisions related to
   13         the sale of dogs and cats; providing powers and duties
   14         of the department; providing for the adoption of
   15         rules; revising penalties; providing an appropriation
   16         and authorizing an additional position; providing an
   17         effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 828.29, Florida Statutes, is amended to
   22  read:
   23         828.29 Dogs and cats transported or offered for sale;
   24  health requirements; consumer guarantee; enforcement by
   25  Department of Agriculture and Consumer Services.—
   26         (1)(a) For each dog transported into the state for sale,
   27  the tests, vaccines, and anthelmintics required by this section
   28  must be administered by or under the direction of a
   29  veterinarian, licensed by the state of origin and accredited by
   30  the United States Department of Agriculture, who issues the
   31  official certificate of veterinary inspection. The tests,
   32  vaccines, and anthelmintics must be administered no more than 30
   33  days and no less than 14 days before the dog’s entry into the
   34  state. The official certificate of veterinary inspection
   35  certifying compliance with this section must accompany each dog
   36  transported into the state for sale.
   37         (b) For each dog offered for sale within the state, the
   38  tests, vaccines, and anthelmintics required by this section must
   39  be administered by or under the direction of a veterinarian,
   40  licensed by the state and accredited by the United States
   41  Department of Agriculture, who issues the official certificate
   42  of veterinary inspection. The tests, vaccines, and anthelmintics
   43  must be administered before the dog is offered for sale in the
   44  state, unless the licensed, accredited veterinarian certifies on
   45  the official certificate of veterinary inspection that to
   46  inoculate or deworm the dog is not in the best medical interest
   47  of the dog, in which case the vaccine or anthelmintic may not be
   48  administered to that particular dog. Each dog must receive
   49  vaccines and anthelmintics against the following diseases and
   50  internal parasites:
   51         1. Canine distemper.
   52         2. Leptospirosis.
   53         3. Bordetella (by intranasal inoculation or by an
   54  alternative method of administration if deemed necessary by the
   55  attending veterinarian and noted on the health certificate,
   56  which must be administered in this state once before sale).
   57         4. Parainfluenza.
   58         5. Hepatitis.
   59         6. Canine parvo.
   60         7. Rabies, provided the dog is over 3 months of age and the
   61  inoculation is administered by a licensed veterinarian.
   62         8. Roundworms.
   63         9. Hookworms.
   64  
   65  If the dog is under 4 months of age, the tests, vaccines, and
   66  anthelmintics required by this section must be administered no
   67  more than 21 days before sale within the state. If the dog is 4
   68  months of age or older, the tests, vaccines, and anthelmintics
   69  required by this section must be administered at or after 3
   70  months of age, but no more than 1 year before sale within the
   71  state.
   72         (2)(a) For each cat transported into the state for sale,
   73  the tests, vaccines, and anthelmintics required by this section
   74  must be administered by or under the direction of a
   75  veterinarian, licensed by the state of origin and accredited by
   76  the United States Department of Agriculture, who issues the
   77  official certificate of veterinary inspection. The tests,
   78  vaccines, and anthelmintics must be administered no more than 30
   79  days and no less than 14 days before the cat’s entry into the
   80  state. The official certificate of veterinary inspection
   81  certifying compliance with this section must accompany each cat
   82  transported into the state for sale.
   83         (b) For each cat offered for sale within the state, the
   84  tests, vaccines, and anthelmintics required by this section must
   85  be administered by or under the direction of a veterinarian,
   86  licensed by the state and accredited by the United States
   87  Department of Agriculture, who issues the official certificate
   88  of veterinary inspection. The tests, vaccines, and anthelmintics
   89  must be administered before the cat is offered for sale in the
   90  state, unless the licensed, accredited veterinarian certifies on
   91  the official certificate of veterinary inspection that to
   92  inoculate or deworm the cat is not in the best medical interest
   93  of the cat, in which case the vaccine or anthelmintic may not be
   94  administered to that particular cat. Each cat must receive
   95  vaccines and anthelmintics against the following diseases and
   96  internal parasites:
   97         1. Panleukopenia.
   98         2. Feline viral rhinotracheitis.
   99         3. Calici virus.
  100         4. Rabies, if the cat is over 3 months of age and the
  101  inoculation is administered by a licensed veterinarian.
  102         5. Hookworms.
  103         6. Roundworms.
  104  
  105  If the cat is under 4 months of age, the tests, vaccines, and
  106  anthelmintics required by this section must be administered no
  107  more than 21 days before sale within the state. If the cat is 4
  108  months of age or older, the tests, vaccines, and anthelmintics
  109  required by this section must be administered at or after 3
  110  months of age, but no more than 1 year before sale within the
  111  state.
  112         (3)(a) Each dog or cat subject to subsection (1) or
  113  subsection (2) must be accompanied by a current official
  114  certificate of veterinary inspection at all times while being
  115  offered for sale within the state. The examining veterinarian
  116  must retain one copy of the official certificate of veterinary
  117  inspection on file for at least 1 year after the date of
  118  examination. At the time of sale of the animal, one copy of the
  119  official certificate of veterinary inspection must be given to
  120  the buyer. The seller must retain one copy of the official
  121  certificate of veterinary inspection on record for at least 1
  122  year after the date of sale.
  123         (b) The term “official certificate of veterinary
  124  inspection” means a legible certificate of veterinary inspection
  125  signed by the examining veterinarian licensed by the state of
  126  origin and accredited by the United States Department of
  127  Agriculture, that shows the age, sex, breed, color, and health
  128  record of the dog or cat, the printed or typed names and
  129  addresses of the person or business from whom the animal was
  130  obtained, the consignor or seller, the consignee or purchaser,
  131  and the examining veterinarian, and the veterinarian’s license
  132  number. The official certificate of veterinary inspection must
  133  list all vaccines and deworming medications administered to the
  134  dog or cat, including the manufacturer, vaccine, type, lot
  135  number, expiration date, and the dates of administration
  136  thereof, and must state that the examining veterinarian warrants
  137  that, to the best of his or her knowledge, the animal has no
  138  sign of contagious or infectious diseases and has no evidence of
  139  internal or external parasites, including coccidiosis and ear
  140  mites, but excluding fleas and ticks. The Department of
  141  Agriculture and Consumer Services shall supply the official
  142  intrastate certificate of veterinary inspection required by this
  143  section at cost.
  144         (c) The examination of each dog and cat by a veterinarian
  145  must take place no more than 30 days before the sale within the
  146  state. The examination must include, but not be limited to, a
  147  fecal test to determine if the dog or cat is free of internal
  148  parasites, including hookworms, roundworms, tapeworms, and
  149  whipworms. If the examination warrants, the dog or cat must be
  150  treated with a specific anthelmintic. In the absence of a
  151  definitive parasitic diagnosis, each dog or cat must be given a
  152  broad spectrum anthelmintic. Each dog over 6 months of age must
  153  also be tested for heartworms. Each cat must also be tested for
  154  feline leukemia before being offered for sale in the state. All
  155  of these tests must be performed by or under the supervision of
  156  a licensed veterinarian, and the results of the tests must be
  157  listed on the official certificate of veterinary inspection.
  158         (d) All dogs and cats offered for sale and copies of
  159  certificates held by the seller and veterinarian are subject to
  160  inspection by any agent of the Department of Agriculture and
  161  Consumer Services, any agent of the United States Department of
  162  Agriculture, any law enforcement officer, or any agent appointed
  163  under s. 828.03.
  164         (4) A person may not transport into the state for sale or
  165  offer for sale within the state any dog or cat that is less than
  166  8 weeks of age.
  167         (5) If, within 14 days following the sale by a pet dealer
  168  of an animal subject to this section, a licensed veterinarian of
  169  the consumer’s choosing certifies that, at the time of the sale,
  170  the animal was unfit for purchase due to illness or disease, the
  171  presence of symptoms of a contagious or infectious disease, or
  172  the presence of internal or external parasites, excluding fleas
  173  and ticks; or if, within 1 year following the sale of an animal
  174  subject to this section, a licensed veterinarian of the
  175  consumer’s choosing certifies such animal to be unfit for
  176  purchase due to a congenital or hereditary disorder which
  177  adversely affects the health of the animal; or if, within 1 year
  178  following the sale of an animal subject to this section, the
  179  breed, sex, or health of such animal is found to have been
  180  misrepresented to the consumer, the pet dealer shall afford the
  181  consumer the right to choose one of the following options:
  182         (a) The right to return the animal and receive a refund of
  183  the purchase price, including the sales tax, and reimbursement
  184  for reasonable veterinary costs directly related to the
  185  veterinarian’s examination and certification that the dog or cat
  186  is unfit for purchase pursuant to this section and directly
  187  related to necessary emergency services and treatment undertaken
  188  to relieve suffering;
  189         (b) The right to return the animal and receive an exchange
  190  dog or cat of the consumer’s choice of equivalent value, and
  191  reimbursement for reasonable veterinary costs directly related
  192  to the veterinarian’s examination and certification that the dog
  193  or cat is unfit for purchase pursuant to this section and
  194  directly related to necessary emergency services and treatment
  195  undertaken to relieve suffering; or
  196         (c) The right to retain the animal and receive
  197  reimbursement for reasonable veterinary costs for necessary
  198  services and treatment related to the attempt to cure or curing
  199  of the dog or cat.
  200  
  201  Reimbursement for veterinary costs may not exceed the purchase
  202  price of the animal. The cost of veterinary services is
  203  reasonable if comparable to the cost of similar services
  204  rendered by other licensed veterinarians in proximity to the
  205  treating veterinarian and the services rendered are appropriate
  206  for the certification by the veterinarian.
  207         (6) A consumer may sign a waiver relinquishing his or her
  208  right to return the dog or cat for congenital or hereditary
  209  disorders. In the case of such waiver, the consumer has 48
  210  normal business hours, excluding weekends and holidays, in which
  211  to have the animal examined by a licensed veterinarian of the
  212  consumer’s choosing. If the veterinarian certifies that, at the
  213  time of sale, the dog or cat was unfit for purchase due to a
  214  congenital or hereditary disorder, the pet dealer must afford
  215  the consumer the right to choose one of the following options:
  216         (a) The right to return the animal and receive a refund of
  217  the purchase price, including sales tax, but excluding the
  218  veterinary costs related to the certification that the dog or
  219  cat is unfit; or
  220         (b) The right to return the animal and receive an exchange
  221  dog or cat of the consumer’s choice of equivalent value, but not
  222  a refund of the veterinary costs related to the certification
  223  that the dog or cat is unfit.
  224         (7) A pet dealer may specifically state at the time of
  225  sale, in writing to the consumer, the presence of specific
  226  congenital or hereditary disorders, in which case the consumer
  227  has no right to any refund or exchange for those disorders.
  228         (8) The refund or exchange required by subsection (5) or
  229  subsection (6) shall be made by the pet dealer not later than 10
  230  business days following receipt of a signed veterinary
  231  certification as required in subsection (5) or subsection (6).
  232  The consumer must notify the pet dealer within 2 business days
  233  after the veterinarian’s determination that the animal is unfit.
  234  The written certification of unfitness must be presented to the
  235  pet dealer not later than 3 business days following receipt
  236  thereof by the consumer.
  237         (9) An animal may not be determined unfit for sale on
  238  account of an injury sustained or illness contracted after the
  239  consumer takes possession of the animal. A veterinary finding of
  240  intestinal or external parasites is not grounds for declaring a
  241  dog or cat unfit for sale unless the animal is clinically ill
  242  because of that condition.
  243         (10) If a pet dealer wishes to contest a demand for
  244  veterinary expenses, refund, or exchange made by a consumer
  245  under this section, the dealer may require the consumer to
  246  produce the animal for examination by a licensed veterinarian
  247  designated by the dealer. Upon such examination, if the consumer
  248  and the dealer are unable to reach an agreement that constitutes
  249  one of the options set forth in subsection (5) or subsection (6)
  250  within 10 business days following receipt of the animal for such
  251  examination, the consumer may initiate an action in a court of
  252  competent jurisdiction to recover or obtain reimbursement of
  253  veterinary expenses, refund, or exchange.
  254         (11) This section does not in any way limit the rights or
  255  remedies that are otherwise available to a consumer under any
  256  other law.
  257         (12) Every pet dealer who sells an animal to a consumer
  258  must provide the consumer at the time of sale with a written
  259  notice, printed or typed, which reads as follows:
  260  
  261         Dogs and cats are susceptible to more than 300 genetic
  262         disorders. Certain breeds may be predisposed to
  263         certain health problems. Therefore, it is recommended
  264         you get a scientific screening test for your dog or
  265         cat to help identify a number of genetic diseases.
  266  
  267         It is the consumer’s right, pursuant to section
  268         828.29, Florida Statutes, to receive a certificate of
  269         veterinary inspection with each dog or cat purchased
  270         from a pet dealer. Such certificate shall list all
  271         vaccines and deworming medications administered to the
  272         animal and shall state that the animal has been
  273         examined by a Florida-licensed veterinarian who
  274         certifies that, to the best of the veterinarian’s
  275         knowledge, the animal was found to have been healthy
  276         at the time of the veterinary examination. In the
  277         event that the consumer purchases the animal and finds
  278         it to have been unfit for purchase as provided in
  279         section 828.29(5), Florida Statutes, the consumer must
  280         notify the pet dealer within 2 business days of the
  281         veterinarian’s determination that the animal was
  282         unfit. The consumer has the right to retain, return,
  283         or exchange the animal and receive reimbursement for
  284         certain related veterinary services rendered to the
  285         animal, subject to the right of the dealer to have the
  286         animal examined by another veterinarian.
  287  
  288         (13) For the purposes of subsections (5)-(12) and (16), the
  289  term “pet dealer” means any person, firm, partnership,
  290  corporation, or other association that which, in the ordinary
  291  course of business, engages in the sale of more than two
  292  litters, or 20 or more dogs or cats, per year, whichever is
  293  greater, to the public. This definition includes breeders of
  294  animals who sell such animals directly to a consumer.
  295         (14)(a) The state attorney may bring an action to enjoin
  296  any violator of this section or s. 828.12 or s. 828.13 from
  297  being a pet dealer.
  298         (b)The Department of Agriculture and Consumer Services
  299  shall enforce this section, as provided in chapter 570.
  300         (c)The department may request that the state attorney in
  301  any circuit or county institute a civil or criminal action to
  302  enforce this section or the rules of the department. A person or
  303  officer charged with a duty under this section may be compelled
  304  to perform the duty by mandamus, injunction, or other
  305  extraordinary remedy upon the application and in the name of the
  306  department. Injunction shall issue without bond.
  307         (d)The department shall adopt rules to administer this
  308  section.
  309         (15) County-operated or city-operated animal control
  310  agencies and registered nonprofit humane organizations are
  311  exempt from this section.
  312         (16) A pet dealer may not knowingly misrepresent the breed,
  313  sex, or health of any dog or cat offered for sale within the
  314  state.
  315         (17) A person who violates this section or any rule of the
  316  department is subject to an administrative fine of up to $10,000
  317  for each offense. Upon a second or subsequent violation, the
  318  department may seek enforcement pursuant to s. 120.69. Except as
  319  otherwise provided in this chapter, a person who violates any
  320  provision of this section commits a misdemeanor of the first
  321  degree, punishable as provided in s. 775.082 or s. 775.083.
  322         Section 2. One additional full-time equivalent position is
  323  authorized and $82,669 is appropriated from the General Revenue
  324  Fund to the Department of Agriculture and Consumer Services for
  325  the 2010-2011 fiscal year for the purpose of carrying out this
  326  act.
  327         Section 3. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader