Bill Text: FL S0994 | 2022 | Regular Session | Comm Sub


Bill Title: Pet Protection

Spectrum:

Status: (Failed) 2022-03-14 - Died in Community Affairs [S0994 Detail]

Download: Florida-2022-S0994-Comm_Sub.html
       Florida Senate - 2022                              CS for SB 994
       
       
        
       By the Committee on Regulated Industries; and Senators Diaz,
       Powell, and Jones
       
       
       
       
       580-01961-22                                           2022994c1
    1                        A bill to be entitled                      
    2         An act relating to pet protection; providing a
    3         directive to the Division of Law Revision; creating s.
    4         468.901, F.S.; providing a short title; creating s.
    5         468.903, F.S.; defining terms; creating s. 468.905,
    6         F.S.; requiring the licensure of retail pet stores;
    7         requiring the Department of Business and Professional
    8         Regulation to adopt standards and procedures for such
    9         licensure; prohibiting unlicensed retail pet stores
   10         from taking certain actions regarding certain
   11         household pets; creating s. 468.907, F.S.; defining
   12         the term “qualified breeder”; limiting the sources
   13         from which retail pet stores may acquire household
   14         pets for specified purposes; prohibiting certain
   15         household pets from being used by retail pet stores
   16         for specified purposes; requiring certain
   17         documentation of the sources from which retail pet
   18         stores acquire household pets for sale; providing
   19         requirements for the living conditions for household
   20         pets at retail pet stores; providing retail pet store
   21         veterinarian, exercise, and socialization
   22         requirements; creating s. 468.909, F.S.; requiring the
   23         department to conduct periodic inspections of retail
   24         pet stores and to audit sales records; requiring the
   25         department to establish procedures for the inspections
   26         and records of the inspections; authorizing contracts
   27         with certain veterinarians to conduct inspections;
   28         creating s. 468.911, F.S.; requiring the department to
   29         deny a retail pet store license under certain
   30         circumstances; authorizing disciplinary action under
   31         certain circumstances; specifying administrative
   32         procedures; providing civil penalties; authorizing the
   33         department to adopt rules; creating s. 468.913, F.S.;
   34         authorizing civil actions for purposes of enforcement;
   35         creating s. 468.915, F.S.; providing criminal
   36         penalties for specified violations; creating s.
   37         468.917, F.S.; requiring certain moneys to be
   38         deposited into the department’s Professional
   39         Regulation Trust Fund; creating s. 468.919, F.S.;
   40         providing construction; creating s. 468.921, F.S.;
   41         prohibiting county and municipal ordinances and
   42         regulations from prohibiting or regulating the
   43         breeding, purchase, or sale of certain working dogs;
   44         providing applicability with regard to new and
   45         existing county and municipal ordinances and
   46         regulations; amending s. 823.15, F.S.; requiring
   47         certain public or private animal agencies to report on
   48         a monthly basis certain animal records to the
   49         Department of Agriculture and Consumer Services;
   50         requiring public animal rescues to make records
   51         available to the public; requiring the department to
   52         make the data reported by the agencies available on
   53         its website in a specified manner; requiring public
   54         and private animal rescues and humane organizations to
   55         provide for the sterilization of adopted dogs and cats
   56         according to certain requirements; authorizing public
   57         or private animal rescues to implant dogs and cats
   58         with radio frequency identification microchips and to
   59         contact the owners of such devices to verify pet
   60         ownership; requiring certain public or private animal
   61         agencies to disclose a dog’s bite history before
   62         adoption; prohibiting certain public or private animal
   63         agencies from intentionally breeding dogs or cats for
   64         sale to the public and from exchanging payment or
   65         compensation to obtain dogs or cats from certain
   66         persons; providing applicability; amending s. 474.203,
   67         F.S.; conforming a provision to changes made by the
   68         act; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. The Division of Law Revision is directed to
   73  create part XVII of chapter 468, Florida Statutes, consisting of
   74  ss. 468.901-468.921, Florida Statutes, to be entitled “Retail
   75  Pet Stores.”
   76         Section 2. Section 468.901, Florida Statutes, is created to
   77  read:
   78         468.901 Short title.—This part may be cited as the “Florida
   79  Pet Protection Act.”
   80         Section 3. Section 468.903, Florida Statutes, is created to
   81  read:
   82         468.903 Definitions.—As used in this part, the term:
   83         (1) “Animal rescue” means a nonprofit organization exempt
   84  from federal income taxation under s. 501(c)(3) of the Internal
   85  Revenue Code which keeps, houses, and maintains household pets
   86  and which is dedicated to the welfare, health, safety, and
   87  protection of such pets. The term includes an organization that
   88  offers spayed or neutered household pets for adoption and
   89  charges only reasonable adoption fees to cover the
   90  organization’s costs, including, but not limited to, costs
   91  related to spaying or neutering the pets.
   92         (2) “Animal shelter” means a public facility, or a private
   93  facility operated by a nonprofit organization exempt from
   94  federal income taxation under s. 501(c)(3) of the Internal
   95  Revenue Code, which keeps, houses, and maintains household pets,
   96  such as a county or municipal animal control agency or pound, a
   97  humane society, an animal welfare society, a society for the
   98  prevention of cruelty to animals, or another nonprofit
   99  organization devoted to the welfare, protection, and humane
  100  treatment of household pets.
  101         (3) “Department” means the Department of Business and
  102  Professional Regulation.
  103         (4) “Household pet” means a domestic dog or a domestic cat.
  104         (5) “Pet broker” means a person who buys, sells, or offers
  105  for sale household pets for resale to other persons, or who
  106  sells or gives one or more pets to a retail pet store, and who
  107  holds a valid Class B animal dealer license issued by the United
  108  States Department of Agriculture.
  109         (6) “Professional breeder” means a person required to be
  110  licensed as a Class A animal dealer by the United States
  111  Department of Agriculture.
  112         (7) “Retail pet store” means a retail store that sells or
  113  offers for sale household pets to the public. The term does not
  114  include an animal rescue; an animal shelter; or a breeder who
  115  sells or transfers, directly to the public, household pets bred
  116  and raised on the breeder’s premises.
  117         (8) “Veterinarian” means a health care practitioner
  118  licensed under chapter 474, or licensed in another state by the
  119  applicable entity in that state, to engage in the practice of
  120  veterinary medicine.
  121         Section 4. Section 468.905, Florida Statutes, is created to
  122  read:
  123         468.905 Licensure of retail pet stores.—
  124         (1) A person may not operate a retail pet store in this
  125  state without having a valid retail pet store license issued by
  126  the department in accordance with this section.
  127         (2) The department shall adopt standards and procedures for
  128  the licensure of retail pet stores consistent with this act. An
  129  applicant for a retail pet store license must apply to the
  130  department on a form prescribed by the department for each
  131  premises. Upon licensure, the department shall assign a unique
  132  license number for each licensed premises.
  133         (3) The department may establish annual licenses that are
  134  valid for 1 year and that may be renewed. An application for
  135  renewal of a license must be submitted to the department in a
  136  format prescribed by the department.
  137         (4) A retail pet store that does not have a valid license
  138  may not display, offer for sale, deliver, barter, auction,
  139  broker, give away, transfer, or sell any household pet from the
  140  store.
  141         Section 5. Section 468.907, Florida Statutes, is created to
  142  read:
  143         468.907 Sale or transfer of household pets by retail pet
  144  stores.—
  145         (1) As used in this section, the term “qualified breeder”
  146  means a professional breeder located within or outside this
  147  state who meets all of the following requirements:
  148         (a) Holds a valid Class A animal license issued by the
  149  United States Department of Agriculture and, if required by the
  150  state in which he or she is located, is licensed by a state
  151  agency.
  152         (b) Has not been issued a report of a finally adjudicated
  153  direct noncompliance violation by the United States Department
  154  of Agriculture under the federal Animal Welfare Act, 7 U.S.C.
  155  ss. 2131 et seq., in the 2 years immediately before offering for
  156  sale, delivering, bartering, auctioning, brokering, giving away,
  157  transferring, or selling a household pet. However, a
  158  professional breeder is not considered a qualified breeder until
  159  any pending report of a direct noncompliance violation is
  160  finally adjudicated.
  161         (c) Has not had three or more finally adjudicated
  162  noncompliance violations documented in any report issued by the
  163  United States Department of Agriculture under the federal Animal
  164  Welfare Act, 7 U.S.C. ss. 2131 et seq., for the year immediately
  165  before offering for sale, delivering, bartering, auctioning,
  166  brokering, giving away, transferring, or selling a household
  167  pet. However, a professional breeder is not considered a
  168  qualified breeder until any pending report of a noncompliance
  169  violation is finally adjudicated.
  170         (2) A retail pet store may not display, offer for sale,
  171  deliver, barter, auction, broker, give away, transfer, or sell
  172  any household pet from the store unless such pet was acquired
  173  from one of the following sources:
  174         (a) A qualified breeder.
  175         (b) A person who, pursuant to 9 C.F.R. s. 2.1(a)(3)(ii)
  176  (vii), is exempt from licensure by the United States Department
  177  of Agriculture.
  178         (c) An animal rescue.
  179         (d) An animal shelter.
  180         (e) A pet broker; however, if the pet broker acquires the
  181  pet from a professional breeder, the breeder must be a qualified
  182  breeder.
  183         (3) A retail pet store may not sell, deliver, barter,
  184  auction, broker, give away, or transfer any household pet:
  185         (a) Younger than 8 weeks of age.
  186         (b) That has not been implanted with an International
  187  Organization for Standardization (ISO) identification microchip.
  188         (c) That does not have a valid veterinary certification,
  189  including the United States Interstate and International
  190  Certificate of Health Examination for Small Animals prescribed
  191  by the United States Department of Agriculture or the official
  192  certificate of veterinary inspection prescribed by the
  193  Department of Agriculture and Consumer Services pursuant to s.
  194  828.29.
  195         (d) To a person younger than 18 years of age, as verified
  196  by a valid driver license, state identification card, or other
  197  government-issued identification card bearing a photograph of
  198  the cardholder.
  199         (e) Acquired from a qualified breeder or pet broker, unless
  200  the retail pet store provides to the buyer acquiring the pet,
  201  before completing the transaction, a written certification that
  202  includes the following:
  203         1. The name, address, and, if applicable, United States
  204  Department of Agriculture license number of the breeder who bred
  205  the household pet.
  206         2. An electronic or paper copy of the breeder’s most recent
  207  United States Department of Agriculture inspection report, if
  208  applicable.
  209         3. The household pet’s date of birth, if known.
  210         4. The date the retail pet store took possession of the
  211  household pet.
  212         5. The breed, gender, color, and any identifying marks of
  213  the household pet.
  214         6. A signed statement by the retail pet store’s Florida
  215  licensed veterinarian, in a format prescribed by the department,
  216  which describes any known disease, illness, or congenital or
  217  hereditary condition that adversely affects the health of the
  218  household pet at the time of examination.
  219         7. A document signed by the owner or a manager or an
  220  employee of the retail pet store certifying that all information
  221  required to be provided to the person acquiring the household
  222  pet under this paragraph is accurate.
  223  
  224  A retail pet store shall keep an electronic or paper copy of the
  225  certification for at least 3 years after the date the buyer
  226  acquires the household pet. The owner or a manager or an
  227  employee of a retail pet store may not fraudulently alter or
  228  provide false information on a certification provided in
  229  accordance with this paragraph.
  230         (4) A licensed retail pet store shall provide the buyer of
  231  a household pet with all of the following information:
  232         (a) The pet’s microchip identification number.
  233         (b) The complete name, address, and telephone number of all
  234  professional breeders, pet brokers, or other persons who kept,
  235  housed, or maintained the pet before the retail pet store took
  236  possession of the animal or proof that the pet was acquired
  237  through an animal rescue or animal shelter.
  238         (c) A photograph or digital image and the name and
  239  registration number of both of the pet’s parents, sire and dam.
  240  
  241  A retail pet store shall keep a copy of the documentation
  242  required under this subsection for at least 3 years after the
  243  date it acquired the household pet.
  244         (5) A retail pet store shall provide for all of the
  245  following:
  246         (a) Flooring in the primary enclosures that house household
  247  pets which is constructed of a solid surface or, if grid-style
  248  or wire flooring is used, the surface of which is covered with a
  249  rubberized or coated material that prevents a pet’s toe or foot
  250  from passing through or being caught in the flooring. A retail
  251  pet store shall clean all primary enclosures daily, or as often
  252  as necessary to prevent accumulation of bodily waste, and keep a
  253  daily sanitation log.
  254         (b) An isolation enclosure with separate ventilation which
  255  allows a household pet to be kept separately from other pets
  256  while under veterinarian-directed isolation.
  257         (c) Climate control that ensures that the ambient air
  258  temperature of the retail pet store’s premises is kept between
  259  67 and 78 degrees at all times. Retail pet stores shall keep
  260  daily logs of the temperature. If, for any reason, the
  261  temperature falls outside the required range, a corrective
  262  action record detailing steps taken to adjust the temperature
  263  must be kept.
  264         (d) A Florida-licensed veterinarian who visits the retail
  265  pet store at least twice each week to observe the condition of
  266  the pets’ health and overall well-being.
  267         (e) An enrichment program for puppies which consists of
  268  exercise and socialization for at least two 30-minute periods
  269  each day. A retail pet store must keep a log for each puppy of
  270  the daily activities that the puppy participates in as part of
  271  the program.
  272         (f) A photograph or digital image and video footage
  273  depicting each breeding facility from which the retail pet store
  274  acquires household pets.
  275         Section 6. Section 468.909, Florida Statutes, is created to
  276  read:
  277         468.909 Inspections.—
  278         (1)(a) At least annually, the department shall inspect each
  279  retail pet store that is subject to licensure to ensure
  280  compliance with this part and with rules adopted under this
  281  part. The inspection must include, but need not be limited to,
  282  an audit of the records that the licensee maintains pursuant to
  283  s. 468.907(3)(e) and (4).
  284         (b) The department also may conduct an inspection upon
  285  receipt of a complaint or other information alleging a violation
  286  of this part or rules adopted under this part.
  287         (2) The department shall establish procedures for
  288  conducting inspections and making records of inspections.
  289  Inspections must be conducted during regular business hours in
  290  accordance with the department’s procedures and may be conducted
  291  without prior notice. The department shall maintain a record of
  292  each inspection in accordance with such procedures.
  293         (3) The department may enter into a contract or an
  294  agreement with one or more veterinarians to conduct inspections
  295  under this section. Such veterinarians must be independent and
  296  may not be affiliated with a retail pet store or an animal
  297  rights advocacy organization.
  298         Section 7. Section 468.911, Florida Statutes, is created to
  299  read:
  300         468.911 Administrative remedies; penalties.—
  301         (1) The department must deny an application for issuance or
  302  renewal of a retail pet store license if either of the following
  303  applies:
  304         (a) The licensee or applicant violates this part or any
  305  rule or order issued under this part, if the violation
  306  materially threatens the health or welfare of a household pet.
  307         (b) The licensee or applicant, in the past 20 years, has
  308  been convicted of or pled guilty or nolo contendere to,
  309  regardless of adjudication, a misdemeanor or felony under
  310  chapter 828 or a misdemeanor or felony under chapter 741
  311  involving an act of domestic violence.
  312         (2) The department may enter an order for one or more of
  313  the following if the department finds that an owner of a retail
  314  pet store, or a person employed or contracted by a retail pet
  315  store about whom the owner knows or reasonably should have
  316  known, has violated or is operating in violation of this part or
  317  any rule or order issued pursuant to this part:
  318         (a) Issuing a notice of noncompliance under s. 120.695.
  319         (b) Imposing an administrative fine for each act or
  320  omission, not to exceed the following amounts:
  321         1. For a first violation, $250.
  322         2. For a second violation, $500.
  323         3. For a third or subsequent violation, $1,000.
  324  
  325  Each day that a violation continues constitutes a separate
  326  violation.
  327         (c) Directing that the person cease and desist specified
  328  activities.
  329         (d) Refusing to issue or renew a license or revoking or
  330  suspending a license.
  331         (e) Placing the licensee on probation, subject to
  332  conditions specified by the department.
  333         (3) The administrative proceedings that could result in the
  334  entry of an order imposing any of the penalties specified in
  335  subsection (1) or subsection (2) are governed by chapter 120.
  336         (4) The department may adopt rules to administer this part.
  337         Section 8. Section 468.913, Florida Statutes, is created to
  338  read:
  339         468.913 Civil penalties; remedies.—The department may bring
  340  a civil action in a court of competent jurisdiction to recover
  341  any penalties or damages authorized by this part and for
  342  injunctive relief to enforce compliance with this part.
  343         Section 9. Section 468.915, Florida Statutes, is created to
  344  read:
  345         468.915 Criminal penalties.—A person commits a misdemeanor
  346  of the second degree, punishable as provided in s. 775.082 or s.
  347  775.083, if he or she violates either of the following:
  348         (1) Section 468.905(1) or (4), relating to operation of a
  349  retail pet store without a license.
  350         (2) Section 468.907(2) or (3), relating to unlawful
  351  practices in the sale of household pets by a retail pet store.
  352         Section 10. Section 468.917, Florida Statutes, is created
  353  to read:
  354         468.917 Deposit of funds.—All moneys collected by the
  355  department under this part from civil penalties must be
  356  deposited into the department’s Professional Regulation Trust
  357  Fund for use by the department for administration of this part.
  358         Section 11. Section 468.919, Florida Statutes, is created
  359  to read:
  360         468.919 Construction.—This part may not be construed to
  361  prohibit or regulate a person who offers for sale, directly to
  362  the public, only dogs that the person has bred or has trained to
  363  be hunting dogs, field trial dogs, sporting dogs, conformation
  364  dogs, cattle dogs, police dogs, or service dogs as defined under
  365  the Americans with Disabilities Act.
  366         Section 12.  Section 468.921, Florida Statutes, is created
  367  to read:
  368         468.921Local regulation; grandfathering of existing local
  369  regulations.—
  370         (1)A county or municipality may not prohibit or regulate a
  371  person who offers for sale, directly to the public, only dogs
  372  that the person has bred or has trained to be hunting dogs,
  373  field trial dogs, sporting dogs, conformation dogs, cattle dogs,
  374  police dogs, or service dogs as defined under the Americans with
  375  Disabilities Act.
  376         (2)(a)A county or municipality may adopt an ordinance or a
  377  regulation on or after July 1, 2022, which regulates, but does
  378  not prohibit, the operation of retail pet stores or the
  379  breeding, purchase, or sale of household pets, provided the
  380  ordinances or regulations are consistent and not in conflict
  381  with the requirements of s. 468.907.
  382         (b) This subsection does not affect any of the following:
  383         1.Any county or municipal ordinance or regulation in
  384  effect on or before June 1, 2021, which prohibits the operation
  385  of retail pet stores within its jurisdiction.
  386         2.Any county or municipal ordinance or regulation adopted
  387  before July 1, 2022, which imposes a moratorium on the
  388  establishment of new retail pet stores, or that otherwise
  389  regulates such stores within its jurisdiction.
  390         (c)This subsection does not affect a local government’s
  391  authority to levy a local business tax pursuant to chapter 205.
  392         Section 13. Section 823.15, Florida Statutes, is amended to
  393  read:
  394         823.15 Public or private animal agencies; sterilization,
  395  required for dogs and cats released; recordkeeping, and
  396  disclosure requirements; microchipping.—
  397         (1) The Legislature finds has determined that the
  398  importation of dogs and cats into, and the uncontrolled breeding
  399  of dogs and cats in, this state pose risks to the well-being of
  400  dogs and cats, the health of humans and animals, and the
  401  agricultural interests in this state. Importation of dogs and
  402  cats from outside the United States could result in the
  403  transmission of diseases that have been eradicated in the United
  404  States to dogs and cats, other animals, and humans living in
  405  this state. Uncontrolled breeding results in the birth of many
  406  more puppies and kittens than are needed to provide pet animals
  407  to new owners or to replace pet animals that have died or become
  408  lost. This leads to many dogs, cats, puppies, and kittens being
  409  unwanted, becoming strays and suffering privation and death,
  410  being impounded and destroyed at great expense to the community,
  411  and constituting a public nuisance and public health hazard. It
  412  is therefore declared to be the public policy of the state that
  413  every feasible means be used to reduce the incidence of birth of
  414  unneeded and unwanted puppies and kittens. Determining which
  415  programs result in improved adoption rates and in reduced
  416  euthanasia rates for animals in shelters and animal control
  417  agencies is crucial to this effort.
  418         (2)(a) Each public or private animal shelter, animal
  419  rescue, humane organization, or animal control agency operated
  420  by a humane organization or by a county, municipality, or other
  421  incorporated political subdivision, shall prepare and maintain
  422  the following records required by this paragraph and make them
  423  available for public inspection and dissemination for the 3
  424  preceding years. The following data must will be available and
  425  reported to the Department of Agriculture and Consumer Services
  426  on a monthly basis commencing July 31, 2013:
  427         1. The total number of dogs and cats taken in by the animal
  428  shelter, animal rescue, humane organization, or animal control
  429  agency, divided into species, in the following categories:
  430         a. Surrendered by owner;
  431         b. Stray;
  432         c. Impounded;
  433         d. Confiscated;
  434         e. Transferred from within this state Florida;
  435         f. Transferred into or imported from out of this the state;
  436  and
  437         g. Born in shelter.
  438  
  439  Species other than domestic cats and domestic dogs should be
  440  recorded as “other.”
  441         2. The disposition of all animals taken in by a public or
  442  private animal shelter, animal rescue, humane organization, or
  443  animal control agency operated by a humane society or by a
  444  county, municipality, or other incorporated political
  445  subdivision, divided into species. These data must include
  446  dispositions by:
  447         a. Adoption;
  448         b. Reclamation by owner;
  449         c. Death in kennel;
  450         d. Euthanasia at the owner’s request;
  451         e. Transfer to another public or private animal shelter,
  452  animal rescue, humane organization, or animal control agency
  453  operated by a humane society or by a county, municipality, or
  454  other incorporated political subdivision;
  455         f. Euthanasia;
  456         g. Released in field/Trapped, Neutered, Released (TNR);
  457         h. Lost in care/missing animals or records; and
  458         i. Ending inventory/shelter count at end of the last day of
  459  the month.
  460         3. A public or private animal shelter, animal rescue,
  461  humane organization, or animal control agency operated by a
  462  humane society, or by a county, municipality, or other
  463  incorporated political subdivision, which routinely euthanizes
  464  dogs based on size or breed alone must provide a written
  465  statement of such policy. Dogs euthanized due to breed,
  466  temperament, or size must be recorded and included in the
  467  calculation of the total euthanasia percentage.
  468         4.Certificates of veterinary inspections for all dogs and
  469  cats imported into this state.
  470         (b) Records of a public animal shelter, animal rescue,
  471  humane organization, or animal control agency operated by a
  472  humane society must be made available to the public pursuant to
  473  provisions in chapter 119.
  474         (c)The Department of Agriculture and Consumer Services
  475  shall make the data it receives pursuant to this subsection
  476  available to the public on a monthly basis and in a searchable
  477  format on its website.
  478         (3) In furtherance of this policy, provision shall be made
  479  for the sterilization of all dogs and cats sold or released for
  480  adoption from any public or private animal shelter, animal
  481  rescue, humane organization, or animal control agency operated
  482  by a humane society or by a county, municipality city, or other
  483  incorporated political subdivision, by either:
  484         (a) Providing sterilization by a licensed veterinarian
  485  before relinquishing custody of the animal; or
  486         (b) Entering into a written agreement with the adopter or
  487  purchaser guaranteeing that sterilization will be performed
  488  within 30 days or before prior to sexual maturity. The shelter
  489  or animal control agency shall require a sufficient deposit from
  490  the adopter or purchaser, which deposit shall be refundable upon
  491  presentation to the shelter or animal control agency of written
  492  evidence by the veterinarian performing the sterilization that
  493  the animal has been sterilized. The deposit or donation may be
  494  based upon recommended guidelines established by the Florida
  495  Federation of Humane Societies. Failure by either party to
  496  comply with the provisions of this paragraph constitutes shall
  497  be a noncriminal violation as defined in s. 775.08(3),
  498  punishable by a fine, forfeiture, or other civil penalty, and,
  499  in addition thereto, the deposit or donation shall be forfeited
  500  to the shelter or animal control agency. Any legal fees or court
  501  costs used for the enforcement of this paragraph are the
  502  responsibility of the adopter. Upon the request of a licensed
  503  veterinarian, and for a valid reason, the shelter or animal
  504  control agency shall extend the time limit within which the
  505  animal must be sterilized.
  506         (4) All costs of sterilization pursuant to this section
  507  shall be paid by the prospective adopter unless otherwise
  508  provided for by ordinance of the local governing body, with
  509  respect to animal control agencies or shelters operated or
  510  subsidized by a unit of local government, or provided for by the
  511  humane society governing body, with respect to an animal control
  512  agency or shelter operated solely by the humane society and not
  513  subsidized by public funds.
  514         (5) Employees, agents, or contractors of a public or
  515  private animal shelter, animal rescue, a humane organization, or
  516  an animal control agency operated by a humane organization or by
  517  a county, municipality, or other incorporated political
  518  subdivision may implant dogs and cats with radio frequency
  519  identification microchips as part of their work with such public
  520  or private animal shelter, animal rescue, humane organization,
  521  or animal control agency.
  522         (6) Notwithstanding s. 474.2165, employees, agents, or
  523  contractors of a public or private animal shelter, animal
  524  rescue, a humane organization, or an animal control agency
  525  operated by a humane organization or by a county, municipality,
  526  or other incorporated political subdivision may contact the
  527  owner of record listed on a radio frequency identification
  528  microchip to verify pet ownership.
  529         (7)Any public or private animal shelter, animal rescue,
  530  humane organization, or animal control agency operated by a
  531  humane society or any county, municipality, or other
  532  incorporated political subdivision shall disclose any bite
  533  history that exists for a dog before releasing the animal for
  534  adoption.
  535         (8)A public or private animal shelter, animal rescue,
  536  humane organization, or animal control agency operated by a
  537  humane society or any county, municipality, or other
  538  incorporated political subdivision may not intentionally breed
  539  dogs or cats for sale to the public or, in exchange for payment
  540  or any other compensation, obtain a dog or cat from a person who
  541  breeds dogs or cats, resells dogs or cats from a breeder, or
  542  sells dogs or cats at auction. This subsection does not apply to
  543  or affect the ability of a person who offers for sale, directly
  544  to the public, dogs or cats that the person has bred or trained
  545  on his or her own property.
  546         Section 14. Subsection (9) of section 474.203, Florida
  547  Statutes, is amended to read:
  548         474.203 Exemptions.—This chapter does not apply to:
  549         (9) An employee, an agent, or a contractor of a public or
  550  private animal shelter, animal rescue, humane organization, or
  551  animal control agency operated by a humane organization or by a
  552  county, a municipality, or another incorporated political
  553  subdivision whose work is confined solely to the implantation of
  554  a radio frequency identification device microchip for dogs and
  555  cats in accordance with s. 823.15.
  556  
  557  For the purposes of chapters 465 and 893, persons exempt
  558  pursuant to subsection (1), subsection (2), or subsection (4)
  559  are deemed to be duly licensed practitioners authorized by the
  560  laws of this state to prescribe drugs or medicinal supplies.
  561         Section 15. This act shall take effect July 1, 2022.

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