THE BILL ITSELF
CS/CS/CS/HB 1521
Domestic Animals
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A bill to be entitled
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An act relating to domestic animals; amending s.
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828.12, F.S.; requiring the Department of Law
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Enforcement to post on its website specified
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information relating to each individual convicted of
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specified animal cruelty offenses; requiring the clerk
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of each court and county detention facility to provide
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the Department of Law Enforcement with such
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information; amending s. 828.29, F.S.; extending the
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timeframe for which a consumer may pursue remedies for
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the sale of an animal certifiably unfit for purchase;
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revising such remedies; requiring that all financing
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terms be disclosed to the consumer by the pet dealer
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before the sale of the animal; deleting certain
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provisions relating to a consumer's waiver
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relinquishing his or her rights to return an animal;
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requiring a pet dealer to provide copies of specified
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medical records to a consumer; denying a consumer the
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right to a refund or an exchange for a pet sale under
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certain circumstances; extending the timeframe within
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which a consumer must notify the pet dealer of a
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veterinarian's determination that the animal is unfit;
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authorizing the consumer to initiate an action in
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certain courts for any contestation of veterinary
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expenses or demands of the pet dealer for a refund or
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exchange; providing for the award of punitive damages;
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revising requirements for a required notice to a
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consumer; revising the text of the required notice;
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revising the definition of the term "pet dealer";
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requiring a pet dealer to retain a copy of a specified
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notice for a specified period; providing that
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violations constitute an unfair method of competition
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or an unfair or deceptive act or practice in violation
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of specified provisions and subject to penalties;
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creating s. 828.291, F.S.; providing a legislative
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purpose; providing construction; requiring the
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Department of Business and Professional Regulation to
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develop a list of best management practices for
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adoption and implementation; specifying requirements
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for such best management practices; requiring the
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department to post guidance on its website related to
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the selection of breeders and the purchase of an
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animal; requiring the department to post information
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on its website relating to animal cruelty; providing
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requirements for such information; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (7) of section 828.12, Florida
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Statutes, is amended, and subsection (8) is added to that
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section, to read:
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828.12 Cruelty to animals.—
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(7) By Beginning January 1, 2027 2026, the Department of
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Law Enforcement shall post on its website, in a searchable
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format prescribed by the department, the names and any aliases,
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the date of birth, the race, the counties of conviction, the
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charges, the case numbers, the dispositions, the description of
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any identifying marks and tattoos, and a photograph taken at the
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time of booking related to the animal cruelty offense of each
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individual those individuals who has have been convicted of, or
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who has have entered a plea of guilty or nolo contendere to,
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regardless of adjudication, a violation of this section.
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(8) Each clerk of court and county detention facility must
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provide the Department of Law Enforcement with the information,
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data, and images required in subsection (7).
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Section 2. Subsections (5) through (8), (10), (12), (13),
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and (17) of section 828.29, Florida Statutes, are amended, and
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subsections (18) and (19) are added to that section, to read:
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828.29 Dogs and cats transported or offered for sale;
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health requirements; consumer guarantee; disclosures.—
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(5) If, within 30 14 days after following the sale by a
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pet dealer of an animal subject to this section, a licensed
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veterinarian of the consumer's choosing certifies that, at the
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time of the sale, the animal was unfit for purchase due to
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illness or disease, the presence of symptoms of a contagious or
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infectious disease, or the presence of internal or external
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parasites, excluding fleas and ticks; or if, within 1 year after
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following the sale of an animal subject to this section, a
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licensed veterinarian of the consumer's choosing certifies such
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animal to be unfit for purchase due to a congenital or
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hereditary disorder which adversely affects the health of the
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animal; or if, within 1 year after following the sale of an
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animal subject to this section, the breed, sex, or health of
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such animal is found to have been misrepresented to the
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consumer, the pet dealer shall afford the consumer the right to
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choose one of the following options:
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(a) The right to return the animal and receive a refund of
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the purchase price, including any interest accrued and the sales
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tax or fees paid or due from the purchaser, and reimbursement
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for reasonable veterinary costs directly related to the
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veterinarian's examination and certification that the animal dog
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or cat is unfit for purchase pursuant to this section or and
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directly related to necessary emergency services and treatment
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undertaken to relieve the suffering of such animal. If the
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consumer financed the animal pursuant to a financing agreement
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with the pet dealer, the pet dealer must ensure that the
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financing agreement is terminated without penalty to the
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consumer;
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(b) The right to return the animal and receive an exchange
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animal dog or cat of the consumer's choice of equivalent value,
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and reimbursement for reasonable veterinary costs directly
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related to the veterinarian's examination and certification that
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the animal dog or cat is unfit for purchase pursuant to this
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section or and directly related to necessary emergency services
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and treatment undertaken to relieve the suffering of such
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animal; or
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(c) The right to retain the animal and receive
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reimbursement for reasonable veterinary costs for necessary
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services and treatment related to the attempt to cure or curing
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of the animal, or necessary emergency services or treatment
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undertaken to relieve the suffering of such animal received
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within 1 year after purchase dog or cat.
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Reimbursement for veterinary costs may not exceed the purchase
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price of the animal. The cost of veterinary services is
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reasonable if comparable to the cost of similar services
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rendered by other licensed veterinarians in proximity to the
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treating veterinarian and the services rendered are appropriate
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for the certification by the veterinarian.
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(6) All financing terms must be disclosed by the pet
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dealer to the consumer before the sale of the animal A consumer
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may sign a waiver relinquishing his or her right to return the
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dog or cat for congenital or hereditary disorders. In the case
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of such waiver, the consumer has 48 normal business hours,
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excluding weekends and holidays, in which to have the animal
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examined by a licensed veterinarian of the consumer's choosing.
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If the veterinarian certifies that, at the time of sale, the dog
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or cat was unfit for purchase due to a congenital or hereditary
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disorder, the pet dealer must afford the consumer the right to
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choose one of the following options:
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(a) The right to return the animal and receive a refund of
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the purchase price, including sales tax, but excluding the
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veterinary costs related to the certification that the dog or
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cat is unfit; or
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(b) The right to return the animal and receive an exchange
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dog or cat of the consumer's choice of equivalent value, but not
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a refund of the veterinary costs related to the certification
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that the dog or cat is unfit.
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(7) Before the sale of an animal, a pet dealer must
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provide to the consumer copies of records of all medical
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examinations or tests that were conducted on the animal or any
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medication given before the purchase of the animal. A pet dealer
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may specifically state at the time of sale, in writing to the
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consumer, the presence of specific congenital or hereditary
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disorders, in which case the consumer has no right to any refund
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or exchange for those identified disorders, if such consumer
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signs a notification that indicates that the animal has been
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examined by a veterinarian who determined that the animal has
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the identified congenital or hereditary disorder.
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(8) The refund or exchange required by subsection (5) must
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or subsection (6) shall be made by the pet dealer not later than
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10 business days after following receipt of a signed veterinary
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certification as required in subsection (5) or subsection (6).
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The consumer must notify the pet dealer within 7 2 business days
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after receipt of the veterinarian's determination that the
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animal is unfit. The written certification of unfitness must be
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presented to the pet dealer not later than 3 business days
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following receipt thereof by the consumer.
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(10) If a pet dealer wishes to contest a demand for
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veterinary expenses, refund, or exchange made by a consumer
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under this section, the dealer may require the consumer to
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produce the animal for examination by a licensed veterinarian
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designated by the dealer. Upon such examination, if the consumer
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and the dealer are unable to reach an agreement that constitutes
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one of the options set forth in subsection (5) or subsection (6)
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within 10 business days after following receipt of the animal
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for such examination, the consumer may initiate an action in a
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court of competent jurisdiction, or the county court small
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claims court division, in the county where the animal owner
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resides, to recover or obtain reimbursement of veterinary
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expenses and a, refund, or exchange, as set forth in subsection
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(5), and may collect punitive damages in an amount not less than
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$2,500 at the discretion of the court.
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(12) Every pet dealer who sells an animal to a consumer
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must provide the consumer at the time of sale with a printed,
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written notice in 14-point boldface type to be signed by the
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consumer, printed or typed, which is separate from the contract
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and reads as follows:
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RIGHT TO CANCEL
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Florida consumers have certain rights under section
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828.29, Florida Statutes. You have the right to: 1)
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return the animal; 2) exchange the animal; and 3)
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receive reimbursement for certain veterinary expenses
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under certain circumstances. Please have your new pet
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seen by a veterinarian immediately. A copy of this law
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is attached to this notice.
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It is the consumer's right, pursuant to section
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828.29, Florida Statutes, to receive a certificate of
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veterinary inspection with each animal dog or cat
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purchased from a pet dealer. Such certificate shall
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list all vaccines and deworming medications
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administered to the animal and list any medical
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diagnosis and treatments and shall state that the
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animal has been examined by a Florida-licensed
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veterinarian who certifies that, to the best of the
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veterinarian's knowledge, the animal was found to have
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been healthy at the time of the veterinary
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examination. In the event that the consumer purchases
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the animal and finds it to have been unfit for
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purchase as provided in section 828.29(5), Florida
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Statutes, the consumer must notify the pet dealer
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within 7 2 business days after of the veterinarian's
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determination that the animal was unfit. The consumer
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has the right to retain, return, or exchange the
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animal and receive reimbursement for certain related
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veterinary services rendered to the animal, subject to
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the right of the dealer to have the animal examined by
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another veterinarian.
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...(Signature of Animal owner or Lessee, or Owner's or
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Lessee's Authorized Person)...
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(13) For the purposes of this section subsections (5)-(12)
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and (16), the term "pet dealer" means any person, firm,
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partnership, corporation, or other association which, in the
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ordinary course of business, engages in the sale of more than
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three two litters, or 30 20 dogs or cats, per year, whichever is
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greater, to the public. This definition includes breeders of
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animals who sell such animals directly to a consumer. This
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definition does not include not-for-profit entities that do not
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purchase dogs or cats from a breeder or broker.
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(17) Except as otherwise provided in this chapter, a
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person who violates any provision of this section commits a
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misdemeanor of the first degree, punishable as provided in s.
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775.082 or s. 775.083.
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(18) Any record provided to a consumer pursuant to the
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sale of an animal under this section must be maintained by the
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pet dealer for a period of at least 7 years after the sale.
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(19) A pet dealer who violates this section commits an
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unfair method of competition or an unfair or deceptive act or
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practice in violation of part II of chapter 501 and is subject
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to the penalties and remedies provided for such violations.
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Section 3. Section 828.291, Florida Statutes, is created
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to read:
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828.291 Best management practices for dog breeding.—
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(1) The purpose of this section is to allow voluntary
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participation in best management practices relating to minimum
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standards of care, facility operations, and breeding practices
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for individuals or entities engaged in the breeding of dogs in
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order to protect animal welfare, promote responsible breeding,
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and ensure the health and safety of animals and consumers.
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(2) This section may not be construed to prohibit a local
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jurisdiction from implementing requirements for individuals or
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entities engaged in the breeding of dogs.
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(3) The Department of Business and Professional Regulation
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shall develop a list of best management practices that
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individuals or entities engaged in the breeding of dogs may
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voluntarily adopt and implement. Such best management practices
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must include minimum standards of care, facility operations, and
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breeding practices for individuals or entities engaged in the
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breeding of dogs, including, but not limited to, standards
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relating to all of the following:
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(a) Breeding.
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(b) Feeding.
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(c) Housing.
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(d) Health.
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(e) Enrichment.
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(f) Selling and transferring, in accordance with s.
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828.29.
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(g) Recordkeeping, in accordance with s. 828.29.
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(4) The Department of Business and Professional Regulation
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shall post on its website guidance for the public about how to
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identify the breeders that are following best management
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practices and provide a checklist to use when purchasing an
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animal.
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(5) The Department of Business and Professional Regulation
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shall post on its website information regarding animal cruelty,
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including a description of conduct constituting animal cruelty
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under ss. 828.12 and 828.13, the penalties for such conduct, and
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instructions for reporting suspected animal cruelty or abuse to
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the appropriate local authorities, including the contact
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information for at least one appropriate authority for each
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county in the state.
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Section 4. This act shall take effect July 1, 2026.