Bill Text: FL S0122 | 2010 | Regular Session | Introduced
Bill Title: Sale of Dogs and Cats [EPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S0122 Detail]
Download: Florida-2010-S0122-Introduced.html
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 thatwhich, in the ordinary 291 course of business, engages in the sale ofmore than two292litters, or20 or more dogs or cats, per year, whichever is293greater,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 as319otherwise provided in this chapter, a person who violates any320provision of this section commits a misdemeanor of the first321degree, punishable as provided in s.775.082or 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.