Senate Bill 994 (2022) — Pet protection
SB 994
Florida Bills
Florida Senate - 2022 SB 994 By Senator Diaz 36-00362B-22 2022994__ Page 1 of 20 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to pet protection; providing a 2 directive to the Division of Law Revision; creating s. 3 468.901, F.S.; providing a
short title; creating s. 4 468.903, F.S.; defining terms; creating s. 468.905, 5 F.S.; requiring the licensure of retail pet stores; 6 requiring the Department of Business and Professional 7 Regulation to adopt standards and procedures for such 8 licensure; prohibiting unlicensed retail pet stores 9 from taking certain actions regarding certain 10 household pets; creating s. 468.907, F.S.; defining 11 the term “qualified breeder”; limiting the sources 12 from which retail pet stores may acquire household 13 pets for specified purposes; prohibiting certain 14 household pets from being used by retail pet stores 15 for specified purposes; requiring certain 16 documentation of the sources from which retail pet 17 stores acquire household pets for sale; providing 18 requirements for the living conditions for household 19 pets at retail pet stores; providing retail pet store 20 veterinarian, exercise, and socialization 21 requirements; creating s. 468.909, F.S.; requiring the 22 department to conduct periodic inspections of retail 23 pet stores and to audit sales records; requiring the 24 department to establish procedures for the inspections 25 and records of the inspections; authorizing contracts 26 with certain veterinarians to conduct inspections; 27 creating s. 468.911, F.S.; requiring the department to 28 deny a retail pet store license under certain 29
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 2 of 20 CODING: Words stricken are deletions; words underlined are additions. circumstances; authorizing disciplinary action under 30 certain circumstances; specifying administrative 31 procedures; providing civil penalties; authorizing the 32 department to adopt rules; creating s. 468.913, F.S.; 33 authorizing civil actions for purposes of enforcement; 34 creating s. 468.915, F.S.; providing criminal 35 penalties for specified violations; creating s. 36 468.917, F.S.; requiring certain moneys to be 37 deposited into the department’s Professional 38 Regulation Trust Fund; creating s. 468.919, F.S.; 39 providing construction; creating s. 468.921, F.S.; 40 prohibiting county and municipal ordinances and 41 regulations from prohibiting or regulating the 42 breeding, purchase, or sale of certain working dogs; 43 providing applicability with regard to new and 44 existing county and municipal ordinances and 45 regulations; amending s. 823.15, F.S.; requiring 46 certain public or private animal agencies to report on 47 a monthly basis certain animal records to the 48 Department of Agriculture and Consumer Services; 49 requiring public animal rescues to make records 50 available to the public; requiring the department to 51 make the data reported by the agencies available on 52 its website in a specified manner; requiring public 53 and private animal rescues and humane organizations to 54 provide for the sterilization of adopted dogs and cats 55 according to certain requirements; authorizing public 56 or private animal rescues to implant dogs and cats 57 with radio frequency identification microchips and to 58
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 3 of 20 CODING: Words stricken are deletions; words underlined are additions. contact the owners of such devices to verify pet 59 ownership; requiring certain public or private animal 60 agencies to disclose a dog’s bite history before 61 adoption; prohibiting certain public or private animal 62 agencies from intentionally breeding dogs or cats for 63 sale to the public and from exchanging payment or 64 compensation to obtain dogs or cats from certain 65 persons; providing applicability; amending s. 474.203, 66 F.S.; conforming a provision to changes made by the 67 act; providing an effective date. 68 69 Be It Enacted by the Legislature of the State of Florida: 70 71
Section 1. The Division of Law Revision is directed to 72 create
part XVII of
chapter 468, Florida Statutes, consisting of 73 ss. 468.901-468.921, Florida Statutes, to be entitled “Retail 74 Pet Stores.” 75
Section
Section 468.901, Florida Statutes, is created to 76 read: 77 468.901
Short title.—This part may be cited as the “Florida 78 Pet Protection Act.” 79
Section
Section 468.903, Florida Statutes, is created to 80 read: 81 468.903
Definitions.—As used in this part, the term: 82 (1) “Animal rescue” means a nonprofit organization exempt 83 from federal income taxation under s. 501(c)(3) of the Internal 84 Revenue Code which keeps, houses, and maintains household pets 85 and which is dedicated to the welfare, health, safety, and 86 protection of such pets. The term includes an organization that 87
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 4 of 20 CODING: Words stricken are deletions; words underlined are additions. offers spayed or neutered household pets for adoption and 88 charges only reasonable adoption fees to cover the 89 organization’s costs, including, but not limited to, costs 90 related to spaying or neutering the pets. 91 (2) “Animal shelter” means a public facility, or a private 92 facility operated by a nonprofit organization exempt from 93 federal income taxation under s. 501(c)(3) of the Internal 94 Revenue Code, which keeps, houses, and maintains household pets, 95 such as a county or municipal animal control agency or pound, a 96 humane society, an animal welfare society, a society for the 97 prevention of cruelty to animals, or another nonprofit 98 organization devoted to the welfare, protection, and humane 99 treatment of household pets. 100 (3) “Department” means the Department of Business and 101 Professional Regulation. 102 (4) “Household pet” means a domestic dog or a domestic cat. 103 (5) “Pet broker” means a person who buys, sells, or offers 104 for sale household pets for resale to other persons, or who 105 sells or gives one or more pets to a retail pet store, and who 106 holds a valid Class B animal dealer license issued by the United 107 States Department of Agriculture. 108 (6) “Professional breeder” means a person required to be 109 licensed as a Class A animal dealer by the United States 110 Department of Agriculture. 111 (7) “Retail pet store” means a retail store that sells or 112 offers for sale household pets to the public.
The term does not 113 include an animal rescue; an animal shelter; or a breeder who 114 sells or transfers, directly to the public, household pets bred 115 and raised on the breeder’s premises. 116
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 5 of 20 CODING: Words stricken are deletions; words underlined are additions. (8) “Veterinarian” means a health care practitioner 117 licensed under
chapter 474, or licensed in another state by the 118 applicable entity in that state, to engage in the practice of 119 veterinary medicine. 120
Section
Section 468.905, Florida Statutes, is created to 121 read: 122 468.905 Licensure of retail pet stores.— 123
(1) A person may not operate a retail pet store in this 124 state without having a valid retail pet store license issued by 125 the department in accordance with this section. 126
(2) The department shall adopt standards and procedures for 127 the licensure of retail pet stores consistent with this act. An 128 applicant for a retail pet store license must apply to the 129 department on a form prescribed by the department for each 130 premises. Upon licensure, the department shall assign a unique 131 license number for each licensed premises. 132
(3) The department may establish annual licenses that are 133 valid for 1 year and that may be renewed. An application for 134 renewal of a license must be submitted to the department in a 135 format prescribed by the department. 136
(4) A retail pet store that does not have a valid license 137 may not display, offer for sale, deliver, barter, auction, 138 broker, give away, transfer, or sell any household pet from the 139 store. 140
Section
Section 468.907, Florida Statutes, is created to 141 read: 142 468.907 Sale or transfer of household pets by retail pet 143 stores.— 144
(1) As used in this section, the term “qualified breeder” 145
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 6 of 20 CODING: Words stricken are deletions; words underlined are additions. means a professional breeder located within or outside this 146 state who meets all of the following requirements: 147 (
a) Holds a valid Class A animal license issued by the 148 United States Department of Agriculture and, if required by the 149 state in which he or she is located, is licensed by a state 150 agency. 151 (
b) Has not been issued a report of a finally adjudicated 152 direct noncompliance violation by the United States Department 153 of Agriculture under the federal Animal Welfare Act, 7 U.S.C. 154 ss. 2131 et seq., in the 2 years immediately before offering for 155 sale, delivering, bartering, auctioning, brokering, giving away, 156 transferring, or selling a household pet. However, a 157 professional breeder is not considered a qualified breeder until 158 any pending report of a direct noncompliance violation is 159 finally adjudicated. 160 (
c) Has not had three or more finally adjudicated 161 noncompliance violations documented in any report issued by the 162 United States Department of Agriculture under the federal Animal 163 Welfare Act, 7 U.S.C. ss. 2131 et seq., for the year immediately 164 before offering for sale, delivering, bartering, auctioning, 165 brokering, giving away, transferring, or selling a household 166 pet. However, a professional breeder is not considered a 167 qualified breeder until any pending report of a noncompliance 168 violation is finally adjudicated. 169
(2) A retail pet store may not display, offer for sale, 170 deliver, barter, auction, broker, give away, transfer, or sell 171 any household pet from the store unless such pet was acquired 172 from one of the following sources: 173 (
a) A qualified breeder. 174
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b) A person who, pursuant to 9 C.F.R. s. 2.1(a)(3)(ii)-175 (vii), is exempt from licensure by the United States Department 176 of Agriculture. 177 (
c) An animal rescue. 178 (
d) An animal shelter. 179 (
e) A pet broker; however, if the pet broker acquires the 180 pet from a professional breeder, the breeder must be a qualified 181 breeder. 182
(3) A retail pet store may not sell, deliver, barter, 183 auction, broker, give away, or transfer any household pet: 184 (
a) Younger than 8 weeks of age. 185 (
b) That has not been implanted with an International 186 Organization for Standardization (ISO) identification microchip. 187 (
c) That does not have a valid veterinary certification, 188 including the United States Interstate and International 189 Certificate of Health Examination for Small Animals prescribed 190 by the United States Department of Agriculture or the official 191 certificate of veterinary inspection prescribed by the 192 Department of Agriculture and Consumer Services pursuant to s. 193 828.29. 194 (
d) To a person younger than 18 years of age, as verified 195 by a valid driver license, state identification card, or other 196 government-issued identification card bearing a photograph of 197 the cardholder. 198 (
e) Acquired from a qualified breeder or pet broker, unless 199 the retail pet store provides to the buyer acquiring the pet, 200 before completing the transaction, a written certification that 201 includes the following: 202 1. The name, address, and, if applicable, United States 203
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 8 of 20 CODING: Words stricken are deletions; words underlined are additions. Department of Agriculture license number of the breeder who bred 204 the household pet. 205 2. An electronic or paper copy of the breeder’s most recent 206 United States Department of Agriculture inspection report, if 207 applicable. 208 3. The household pet’s date of birth, if known. 209 4. The date the retail pet store took possession of the 210 household pet. 211 5. The breed, gender, color, and any identifying marks of 212 the household pet. 213 6.
A signed statement by the retail pet store’s Florida-214 licensed veterinarian, in a format prescribed by the department, 215 which describes any known disease, illness, or congenital or 216 hereditary condition that adversely affects the health of the 217 household pet at the time of examination. 218 7.
A document signed by the owner or a manager or an 219 employee of the retail pet store certifying that all information 220 required to be provided to the person acquiring the household 221 pet under this paragraph is accurate. 222 223 A retail pet store shall keep an electronic or paper copy of the 224 certification for at least 3 years after the date the buyer 225 acquires the household pet. The owner or a manager or an 226 employee of a retail pet store may not fraudulently alter or 227 provide false information on a certification provided in 228 accordance with this paragraph. 229
(4) A licensed retail pet store shall provide the buyer of 230 a household pet with all of the following information: 231 (
a) The pet’s microchip identification number. 232
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b) The complete name, address, and telephone number of all 233 professional breeders, pet brokers, or other persons who kept, 234 housed, or maintained the pet before the retail pet store took 235 possession of the animal or proof that the pet was acquired 236 through an animal rescue or animal shelter. 237 (
c) A photograph or digital image and the name and 238 registration number of both of the pet’s parents, sire and dam. 239 240 A retail pet store shall keep a copy of the documentation 241 required under this subsection for at least 3 years after the 242 date it acquired the household pet. 243
(5) A retail pet store shall provide for all of the 244 following: 245 (
a) Flooring in the primary enclosures that house household 246 pets which is constructed of a solid surface or, if grid-style 247 or wire flooring is used, the surface of which is covered with a 248 rubberized or coated material that prevents a pet’s toe or foot 249 from passing through or being caught in the flooring. A retail 250 pet store shall clean all primary enclosures daily, or as often 251 as necessary to prevent accumulation of bodily waste, and keep a 252 daily sanitation log. 253 (
b) An isolation enclosure with separate ventilation which 254 allows a household pet to be kept separately from other pets 255 while under veterinarian-directed isolation. 256 (
c) Climate control that ensures that the ambient air 257 temperature of the retail pet store’s premises is kept between 258 67 and 78 degrees at all times. Retail pet stores shall keep 259 daily logs of the temperature. If, for any reason, the 260 temperature falls outside the required range, a corrective 261
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 10 of 20 CODING: Words stricken are deletions; words underlined are additions. action record detailing steps taken to adjust the temperature 262 must be kept. 263 (
d) A Florida-licensed veterinarian who visits the retail 264 pet store at least twice each week to observe the condition of 265 the pets’ health and overall well-being. 266 (
e) An enrichment program for puppies which consists of 267 exercise and socialization for at least two 30-minute periods 268 each day. A retail pet store must keep a log for each puppy of 269 the daily activities that the puppy participates in as part of 270 the program. 271 (
f) A photograph or digital image and video footage 272 depicting each breeding facility from which the retail pet store 273 acquires household pets. 274
Section
Section 468.909, Florida Statutes, is created to 275 read: 276 468.909 Inspections.— 277 (1)(
a) At least annually, the department shall inspect each 278 retail pet store that is subject to licensure to ensure 279 compliance with this part and with rules adopted under this 280 part. The inspection must include, but need not be limited to, 281 an audit of the records that the licensee maintains pursuant to 282 s. 468.907(3)(
e) and (4). 283 (
b) The department also may conduct an inspection upon 284 receipt of a complaint or other information alleging a violation 285 of this part or rules adopted under this part. 286
(2) The department shall establish procedures for 287 conducting inspections and making records of inspections. 288 Inspections must be conducted during regular business hours in 289 accordance with the department’s procedures and may be conducted 290
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 11 of 20 CODING: Words stricken are deletions; words underlined are additions. without prior notice. The department shall maintain a record of 291 each inspection in accordance with such procedures. 292
(3) The department may enter into a contract or an 293 agreement with one or more veterinarians to conduct inspections 294 under this section. Such veterinarians must be independent and 295 may not be affiliated with a retail pet store or an animal 296 rights advocacy organization. 297
Section
Section 468.911, Florida Statutes, is created to 298 read: 299 468.911 Administrative remedies; penalties.— 300
(1) The department must deny an application for issuance or 301 renewal of a retail pet store license if either of the following 302 applies: 303 (
a) The licensee or applicant violates this part or any 304 rule or order issued under this part, if the violation 305 materially threatens the health or welfare of a household pet. 306 (
b) The licensee or applicant, in the past 20 years, has 307 been convicted of or pled guilty or nolo contendere to, 308 regardless of adjudication, a misdemeanor or felony under 309
chapter 828 or a misdemeanor or felony under
chapter 741 310 involving
an act of domestic violence. 311
(2) The department may enter an order for one or more of 312 the following if the department finds that an owner of a retail 313 pet store, or a person employed or contracted by a retail pet 314 store about whom the owner knows or reasonably should have 315 known, has violated or is operating in violation of this part or 316 any rule or order issued pursuant to this part: 317 (
a) Issuing a notice of noncompliance under s. 120.695. 318 (
b) Imposing an administrative fine for each act or 319
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 12 of 20 CODING: Words stricken are deletions; words underlined are additions. omission, not to exceed the following amounts: 320 1. For a first violation, $250. 321 2. For a second violation, $500. 322 3. For a third or subsequent violation, $1,000. 323 324 Each day that a violation continues constitutes a separate 325 violation. 326 (
c) Directing that the person cease and desist specified 327 activities. 328 (
d) Refusing to issue or renew a license or revoking or 329 suspending a license. 330 (
e) Placing the licensee on probation, subject to 331 conditions specified by the department. 332
(3) The administrative proceedings that could result in the 333 entry of an order imposing any of the penalties specified in 334 subsection (1) or subsection (2) are governed by
chapter 120. 335
(4) The department may adopt rules to administer this part. 336
Section
Section 468.913, Florida Statutes, is created to 337 read: 338 468.913 Civil penalties; remedies.—The department may bring 339 a civil action in a court of competent jurisdiction to recover 340 any penalties or damages authorized by this part and for 341 injunctive relief to enforce compliance with this part. 342
Section
Section 468.915, Florida Statutes, is created to 343 read: 344 468.915 Criminal penalties.—A person commits a misdemeanor 345 of the second degree, punishable as provided in s. 775.082 or s. 346 775.083, if he or she violates either of the following: 347
(1) Section 468.905(1) or (4), relating to operation of a 348
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 13 of 20 CODING: Words stricken are deletions; words underlined are additions. retail pet store without a license. 349
(2) Section 468.907(2) or (3), relating to unlawful 350 practices in the sale of household pets by a retail pet store. 351
Section
Section 468.917, Florida Statutes, is created 352 to read: 353 468.917 Deposit of funds.—All moneys collected by the 354 department under this part from civil penalties must be 355 deposited into the department’s Professional Regulation Trust 356 Fund for use by the department for administration of this part. 357
Section
Section 468.919, Florida Statutes, is created 358 to read: 359 468.919 Construction.—This part may not be construed to 360 prohibit or regulate the breeding, purchase, or sale of hunting 361 dogs, field trial dogs, sporting dogs, or cattle dogs. 362
Section
Section 468.921, Florida Statutes, is created 363 to read: 364 468.921 Local regulation; grandfathering of existing local 365 regulations.— 366
(1) A county or municipality may not prohibit or regulate 367 the breeding, purchase, or sale of hunting dogs, field trial 368 dogs, sporting dogs, or cattle dogs. 369 (2)(
a) A county or municipality may adopt an ordinance or a 370 regulation on or after July 1, 2022, which regulates, but does 371 not prohibit, the operation of retail pet stores or the 372 breeding, purchase, or sale of household pets, provided the 373 ordinances or regulations are consistent and not in conflict 374 with the rules imposed under s. 468.907. 375 (
b) This subsection does not affect any of the following: 376 1. Any county or municipal ordinance or regulation in 377
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 14 of 20 CODING: Words stricken are deletions; words underlined are additions. effect on or before June 1, 2021, which prohibits the operation 378 of retail pet stores within its jurisdiction. 379 2. Any county or municipal ordinance or regulation adopted 380 before July 1, 2022, which imposes a moratorium on the 381 establishment of new retail pet stores, or that otherwise 382 regulates such stores within its jurisdiction. 383 (
c) This subsection does not affect a local government’s 384 authority to levy a local business tax pursuant to
chapter 205. 385
Section
Section 823.15, Florida Statutes, is amended to 386 read: 387 823.15 Public or private animal agencies; sterilization, 388 required for dogs and cats released; recordkeeping, and 389 disclosure requirements; microchipping.— 390
(1) The Legislature finds has determined that the 391 importation of dogs and cats into, and the uncontrolled breeding 392 of dogs and cats in, this state pose risks to the well-being of 393 dogs and cats, the health of humans and animals, and the 394 agricultural interests in this state. Importation of dogs and 395 cats from outside the United States could result in the 396 transmission of diseases that have been eradicated in the United 397 States to dogs and cats, other animals, and humans living in 398 this state.
Uncontrolled breeding results in the birth of many 399 more puppies and kittens than are needed to provide pet animals 400 to new owners or to replace pet animals that have died or become 401 lost. This leads to many dogs, cats, puppies, and kittens being 402 unwanted, becoming strays and suffering privation and death, 403 being impounded and destroyed at great expense to the community, 404 and constituting a public nuisance and public health hazard. It 405 is therefore declared to be the public policy of the state that 406
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 15 of 20 CODING: Words stricken are deletions; words underlined are additions. every feasible means be used to reduce the incidence of birth of 407 unneeded and unwanted puppies and kittens. Determining which 408 programs result in improved adoption rates and in reduced 409 euthanasia rates for animals in shelters and animal control 410 agencies is crucial to this effort. 411 (2)(
a) Each public or private animal shelter, animal 412 rescue, humane organization, or animal control agency operated 413 by a humane organization or by a county, municipality, or other 414 incorporated political subdivision, shall prepare and maintain 415 the following records required by this paragraph and make them 416 available for public inspection and dissemination for the 3 417 preceding years. The following data must will be available and 418 reported to the Department of Agriculture and Consumer Services 419 on a monthly basis commencing July 31, 2013: 420 1.
The total number of dogs and cats taken in by the animal 421 shelter, animal rescue, humane organization, or animal control 422 agency, divided into species, in the following categories: 423 a. Surrendered by owner; 424 b. Stray; 425 c. Impounded; 426 d. Confiscated; 427 e. Transferred from within this state Florida; 428 f. Transferred into or imported from out of this the state; 429 and 430 g. Born in shelter. 431 432 Species other than domestic cats and domestic dogs should be 433 recorded as “other.” 434 2. The disposition of all animals taken in by a public or 435
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 16 of 20 CODING: Words stricken are deletions; words underlined are additions. private animal shelter, animal rescue, humane organization, or 436 animal control agency operated by a humane society or by a 437 county, municipality, or other incorporated political 438 subdivision, divided into species. These data must include 439 dispositions by: 440 a. Adoption; 441 b. Reclamation by owner; 442 c. Death in kennel; 443 d. Euthanasia at the owner’s request; 444 e.
Transfer to another public or private animal shelter, 445 animal rescue, humane organization, or animal control agency 446 operated by a humane society or by a county, municipality, or 447 other incorporated political subdivision; 448 f. Euthanasia; 449 g. Released in field/Trapped, Neutered, Released (TNR); 450 h. Lost in care/missing animals or records; and 451 i. Ending inventory/shelter count at end of the last day of 452 the month. 453 3.
A public or private animal shelter, animal rescue, 454 humane organization, or animal control agency operated by a 455 humane society, or by a county, municipality, or other 456 incorporated political subdivision, which routinely euthanizes 457 dogs based on size or breed alone must provide a written 458 statement of such policy. Dogs euthanized due to breed, 459 temperament, or size must be recorded and included in the 460 calculation of the total euthanasia percentage. 461 4. Certificates of veterinary inspections for all dogs and 462 cats imported into this state. 463 (
b) Records of a public animal shelter, animal rescue, 464
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 17 of 20 CODING: Words stricken are deletions; words underlined are additions. humane organization, or animal control agency operated by a 465 humane society must be made available to the public pursuant to 466 provisions in
chapter 119. 467 (
c) The Department of Agriculture and Consumer Services 468 shall make the data it receives pursuant to this subsection 469 available to the public on a monthly basis and in a searchable 470 format on its website. 471
(3) In furtherance of this policy, provision shall be made 472 for the sterilization of all dogs and cats sold or released for 473 adoption from any public or private animal shelter, animal 474 rescue, humane organization, or animal control agency operated 475 by a humane society or by a county, municipality city, or other 476 incorporated political subdivision, by either: 477 (
a) Providing sterilization by a licensed veterinarian 478 before relinquishing custody of the animal; or 479 (
b) Entering into a written agreement with the adopter or 480 purchaser guaranteeing that sterilization will be performed 481 within 30 days or before prior to sexual maturity. The shelter 482 or animal control agency shall require a sufficient deposit from 483 the adopter or purchaser, which deposit shall be refundable upon 484 presentation to the shelter or animal control agency of written 485 evidence by the veterinarian performing the sterilization that 486 the animal has been sterilized.
The deposit or donation may be 487 based upon recommended guidelines established by the Florida 488 Federation of Humane Societies. Failure by either party to 489 comply with the provisions of this paragraph constitutes shall 490 be a noncriminal violation as defined in s. 775.08(3), 491 punishable by a fine, forfeiture, or other civil penalty, and, 492 in addition thereto, the deposit or donation shall be forfeited 493
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 18 of 20 CODING: Words stricken are deletions; words underlined are additions. to the shelter or animal control agency. Any legal fees or court 494 costs used for the enforcement of this paragraph are the 495 responsibility of the adopter. Upon the request of a licensed 496 veterinarian, and for a valid reason, the shelter or animal 497 control agency shall extend the time limit within which the 498 animal must be sterilized. 499
(4) All costs of sterilization pursuant to this
section 500 shall be paid by the prospective adopter unless otherwise 501 provided for by ordinance of the local governing body, with 502 respect to animal control agencies or shelters operated or 503 subsidized by a unit of local government, or provided for by the 504 humane society governing body, with respect to an animal control 505 agency or shelter operated solely by the humane society and not 506 subsidized by public funds. 507
(5) Employees, agents, or contractors of a public or 508 private animal shelter, animal rescue, a humane organization, or 509 an animal control agency operated by a humane organization or by 510 a county, municipality, or other incorporated political 511 subdivision may implant dogs and cats with radio frequency 512 identification microchips as part of their work with such public 513 or private animal shelter, animal rescue, humane organization, 514 or animal control agency. 515
(6) Notwithstanding s. 474.2165, employees, agents, or 516 contractors of a public or private animal shelter, animal 517 rescue, a humane organization, or an animal control agency 518 operated by a humane organization or by a county, municipality, 519 or other incorporated political subdivision may contact the 520 owner of record listed on a radio frequency identification 521 microchip to verify pet ownership. 522
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(7) Any public or private animal shelter, animal rescue, 523 humane organization, or animal control agency operated by a 524 humane society or any county, municipality, or other 525 incorporated political subdivision shall disclose any bite 526 history that exists for a dog before releasing the animal for 527 adoption. 528
(8) A public or private animal shelter, animal rescue, 529 humane organization, or animal control agency operated by a 530 humane society or any county, municipality, or other 531 incorporated political subdivision may not intentionally breed 532 dogs or cats for sale to the public or, in exchange for payment 533 or any other compensation, obtain a dog or cat from a person who 534 breeds dogs or cats, resells dogs or cats from a breeder, or 535 sells dogs or cats at auction. This subsection does not apply to 536 or affect the ability of a person who offers for sale, directly 537 to the public, dogs or cats that the person has bred or trained 538 on his or her own property. 539
Section 14. Subsection (9) of
section 474.203, Florida 540 Statutes, is amended to read: 541 474.203 Exemptions.—This
chapter does not apply to: 542
(9) An employee, an agent, or a contractor of a public or 543 private animal shelter, animal rescue, humane organization, or 544 animal control agency operated by a humane organization or by a 545 county, a municipality, or another incorporated political 546 subdivision whose work is confined solely to the implantation of 547 a radio frequency identification device microchip for dogs and 548 cats in accordance with s. 823.15. 549 550 For the purposes of chapters 465 and 893, persons exempt 551
Florida Senate - 2022 SB 994 36-00362B-22 2022994__ Page 20 of 20 CODING: Words stricken are deletions; words underlined are additions. pursuant to subsection (1), subsection (2), or subsection (4) 552 are deemed to be duly licensed practitioners authorized by the 553 laws of this state to prescribe drugs or medicinal supplies. 554