HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 1 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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.; defin ing 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 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 2 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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 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 anim al 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 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 3 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S available to the public; requiring the department to 51 make the data reported by the agenc ies 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 rescu es to implant dogs and cats 57 with radio frequency identification microchips and to 58 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, consistin g of 73 ss. 468.901-468.921, Florida Statutes, to be entitled "Retail 74 Pet Stores." 75 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 4 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S Section 2. Section 468.901, Florida Statutes, is created 76 to read: 77 468.901 Short title. —This part may be cited as the 78 "Florida Pet Protection Act." 79 Section 3. Section 468.903, Florida Statutes, is created 80 to 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, hous es, 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 offers spayed or neutered household pets for adoption and 88 charges only reasonable adoption fees to c over 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 und er 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 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 5 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S (3) "Department" means the Department of Business and 101 Professional Regulation. 102 (4) "Household pet" means a domestic dog or a domestic 103 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 pet s 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 122 to read: 123 468.905 Licensure of retail pet store s.— 124 (1) A person may not operate a retail pet store in this 125 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 6 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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 128 for the licensure of ret ail pet stores consistent with this act. 129 An 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 license d 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 142 to 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 li cense issued by the 149 United States Department of Agriculture and, if required by the 150 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 7 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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. How ever, 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 is sued 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 ho usehold 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, giv e 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 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 8 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S (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 St ates 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, de liver, 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 pre scribed 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, 200 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 9 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S unless the retail pet store provides to the buyer acquiring the 201 pet, before completing the transaction, a written certification 202 that 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 207 recent United States Department of Agriculture inspection 208 report, if 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 electroni c or paper copy of the 225 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 10 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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 i n 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 234 all professional breeders, pet brokers, or other persons who 235 kept, housed, or maintained the pet before the retail pet store 236 took 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 247 household pets which is constructed of a solid surface or, if 248 grid-style or wire flooring is used, the surface of which is 249 covered with a rubberized or coated material that prevents a 250 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 11 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S pet's toe or foot from passing through or being caught in the 251 flooring. A retail pet store shall clean all primary enclosures 252 daily, or as often as necessary to prevent accumulation of 253 bodily waste, and keep a dail y 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 tak en 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 con sists 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 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 12 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S Section 6. Section 468.909, Florida Statutes, is created 276 to read: 277 468.909 Inspections. — 278 (1)(a) At least annually, the department shall inspect 279 each 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 a nd 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 an imal 297 rights advocacy organization. 298 Section 7. Section 468.911, Florida Statutes, is created 299 to read: 300 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 13 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 468.911 Administrative remedies; penalties. — 301 (1) The department must deny an application for issuance 302 or renewal of a retail pet store license if e ither of the 303 following 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 violati on 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, $2 50. 322 2. For a second violation, $500. 323 3. For a third or subsequent violation, $1,000. 324 325 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 14 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 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 o r 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 334 the 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 337 part. 338 Section 8. Section 468.913, Florida Statutes, is created 339 to read: 340 468.913 Civil penalties; remedies. —The department may 341 bring a civil action in a court of competent jurisdiction to 342 recover any penalties or damages authorized by this part and for 343 injunctive relief to enforce compliance with this part. 344 Section 9. Section 468.915, Florida Statutes, is created 345 to read: 346 468.915 Criminal penalties. —A person commits a misdemeanor 347 of the second degree, punishable as provided in s. 775.082 or s. 348 775.083, if he or she violates either of the following: 349 (1) Section 468.905(1) or (4), relating to operation of a 350 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 15 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S retail pet store without a license. 351 (2) Section 468.907(2) or (3), relating to unlawful 352 practices in the sale of household pets by a retail pet store. 353 Section 10. Section 468.917, Florida Statutes, is created 354 to read: 355 468.917 Deposit of funds. —All moneys collected by the 356 department under this part from civil penalties must be 357 deposited into the department's Professional Regulation Trust 358 Fund for use by the department for administration of this part. 359 Section 11. Section 468.919, Florida Statutes, is create d 360 to read: 361 468.919 Construction. —This part may not be construed to 362 prohibit or regulate a person who offers for sale, directly to 363 the public, only dogs that the person has bred or has trained to 364 be hunting dogs, field trial dogs, sporting dogs, conformat ion 365 dogs, cattle dogs, police dogs, or service dogs as defined under 366 the Americans with Disabilities Act. 367 Section 12. Section 468.921, Florida Statutes, is created 368 to read: 369 468.921 Local regulation; grandfathering of existing local 370 regulations.— 371 (1) A county or municipality may not prohibit or regulate 372 a person who offers for sale, directly to the public, only dogs 373 that the person has bred or has trained to be hunting dogs, 374 field trial dogs, sporting dogs, conformation dogs, cattle dogs, 375 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 16 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S police dogs, or service dogs as defined under the Americans with 376 Disabilities Act. 377 (2)(a) A county or municipality may adopt an ordinance or 378 a regulation on or after July 1, 2022, which regulates, but does 379 not prohibit, the operation of retail pet stores or the 380 breeding, purchase, or sale of household pets, provided the 381 ordinances or regulations are consistent and not in conflict 382 with the rules imposed under s. 468.907. 383 (b) This subsection does not affect any of the following: 384 1. Any county or municipal ordin ance or regulation in 385 effect on or before June 1, 2021, which prohibits the operation 386 of retail pet stores within its jurisdiction. 387 2. Any county or municipal ordinance or regulation adopted 388 before July 1, 2022, which imposes a moratorium on the 389 establishment of new retail pet stores, or that otherwise 390 regulates such stores within its jurisdiction. 391 (c) This subsection does not affect a local government's 392 authority to levy a local business tax pursuant to chapter 205. 393 Section 13. Section 823. 15, Florida Statutes, is amended 394 to read: 395 823.15 Public or private animal agencies; sterilization , 396 required for dogs and cats released; recordkeeping, and 397 disclosure requirements; microchipping. — 398 (1) The Legislature finds has determined that the 399 importation of dogs and cats into, and the uncontrolled breeding 400 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 17 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S of dogs and cats in, this state pose risks to the well -being of 401 dogs and cats, the health of humans and animals, and the 402 agricultural interests in this state. Importation of dogs and 403 cats from outside the United States could result in the 404 transmission of diseases that have been eradicated in the United 405 States to dogs and cats, other animals, and humans living in 406 this state. Uncontrolled breeding results in the birth of many 407 more puppies and kittens than are needed to provide pet animals 408 to new owners or to replace pet animals that have died or become 409 lost. This leads to many dogs, cats, puppies, and kittens being 410 unwanted, becoming strays and suffering privation and death, 411 being impounded and destroy ed at great expense to the community, 412 and constituting a public nuisance and public health hazard. It 413 is therefore declared to be the public policy of the state that 414 every feasible means be used to reduce the incidence of birth of 415 unneeded and unwanted pup pies and kittens. Determining which 416 programs result in improved adoption rates and in reduced 417 euthanasia rates for animals in shelters and animal control 418 agencies is crucial to this effort. 419 (2)(a) Each public or private animal shelter, animal 420 rescue, humane organization, or animal control agency operated 421 by a humane organization or by a county, municipality, or other 422 incorporated political subdivision , shall prepare and maintain 423 the following records required by this paragraph and make them 424 available for public inspection and dissemination for the 3 425 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 18 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S preceding years. The following data must will be available and 426 reported to the Department of Agriculture and Consumer Services 427 on a monthly basis commencing July 31, 2013 : 428 1. The total number of dogs and cats taken in by the 429 animal shelter, animal rescue, humane organization, or animal 430 control agency, divided into species, in the following 431 categories: 432 a. Surrendered by owner; 433 b. Stray; 434 c. Impounded; 435 d. Confiscated; 436 e. Transferred from within this state Florida; 437 f. Transferred into or imported from out of this the 438 state; and 439 g. Born in shelter. 440 441 Species other than domestic cats and domestic dogs should be 442 recorded as "other." 443 2. The disposition of all animals taken in by a public or 444 private animal shelter, animal rescue, humane organization, or 445 animal control agency operated by a humane society or by a 446 county, municipality, or other incorporated political 447 subdivision, divided into species. These data must include 448 dispositions by: 449 a. Adoption; 450 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 19 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S b. Reclamation by owner; 451 c. Death in kennel; 452 d. Euthanasia at the owner's request; 453 e. Transfer to another public or private animal shelter, 454 animal rescue, humane organization, or animal control agency 455 operated by a humane society or by a county, muni cipality, or 456 other incorporated political subdivision; 457 f. Euthanasia; 458 g. Released in field/Trapped, Neutered, Released (TNR); 459 h. Lost in care/missing animals or records; and 460 i. Ending inventory/shelter count at end of the last day 461 of the month. 462 3. A public or private animal shelter, animal rescue, 463 humane organization, or animal control agency operated by a 464 humane society, or by a county, municipality, or other 465 incorporated political subdivision , which routinely euthanizes 466 dogs based on size or bre ed alone must provide a written 467 statement of such policy. Dogs euthanized due to breed, 468 temperament, or size must be recorded and included in the 469 calculation of the total euthanasia percentage. 470 4. Certificates of veterinary inspections for all dogs and 471 cats imported into this state. 472 (b) Records of a public animal shelter, animal rescue, 473 humane organization, or animal control agency operated by a 474 humane society must be made available to the public pursuant to 475 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 20 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S provisions in chapter 119. 476 (c) The Department of Agriculture and Consumer Services 477 shall make the data it receives pursuant to this subsection 478 available to the public on a monthly basis and in a searchable 479 format on its website. 480 (3) In furtherance of this policy, provision shall be made 481 for the sterilization of all dogs and cats sold or released for 482 adoption from any public or private animal shelter , animal 483 rescue, humane organization, or animal control agency operated 484 by a humane society or by a county, municipality city, or other 485 incorporated political subdivision, by either: 486 (a) Providing sterilization by a licensed veterinarian 487 before relinquishing custody of the animal; or 488 (b) Entering into a written agreement with the adopter or 489 purchaser guaranteeing that sterilization will be pe rformed 490 within 30 days or before prior to sexual maturity. The shelter 491 or animal control agency shall require a sufficient deposit from 492 the adopter or purchaser, which deposit shall be refundable upon 493 presentation to the shelter or animal control agency of written 494 evidence by the veterinarian performing the sterilization that 495 the animal has been sterilized. The deposit or donation may be 496 based upon recommended guidelines established by the Florida 497 Federation of Humane Societies. Failure by either party to 498 comply with the provisions of this paragraph constitutes shall 499 be a noncriminal violation as defined in s. 775.08(3), 500 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 21 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S punishable by a fine, forfeiture, or other civil penalty, and, 501 in addition thereto, the deposit or donation shall be forfeited 502 to the shelter or animal control agency. Any legal fees or court 503 costs used for the enforcement of this paragraph are the 504 responsibility of the adopter. Upon the request of a licensed 505 veterinarian, and for a valid reason, the shelter or animal 506 control agency shall ext end the time limit within which the 507 animal must be sterilized. 508 (4) All costs of sterilization pursuant to this section 509 shall be paid by the prospective adopter unless otherwise 510 provided for by ordinance of the local governing body, with 511 respect to animal control agencies or shelters operated or 512 subsidized by a unit of local government, or provided for by the 513 humane society governing body, with respect to an animal control 514 agency or shelter operated solely by the humane society and not 515 subsidized by public funds. 516 (5) Employees, agents, or contractors of a public or 517 private animal shelter, animal rescue, a humane organization, or 518 an animal control agency operated by a humane organization or by 519 a county, municipality, or other incorporated political 520 subdivision may implant dogs and cats with radio frequency 521 identification microchips as part of their work with such public 522 or private animal shelter, animal rescue, humane organization, 523 or animal control agency. 524 (6) Notwithstanding s. 474.2165, employees, agents, or 525 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 22 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S contractors of a public or private animal shelter, animal 526 rescue, a humane organization, or an animal control agency 527 operated by a humane organization or by a county, municipality, 528 or other incorporated political subdivision may contact the 529 owner of record listed on a radio frequency identification 530 microchip to verify pet ownership. 531 (7) Any public or private animal shelter, animal rescue, 532 humane organization, or animal control agency operated by a 533 humane society or any county, municipality, or other 534 incorporated political subdivision shall disclose any bite 535 history that exists for a dog before releasing the animal for 536 adoption. 537 (8) A public or private animal shelter, animal rescue, 538 humane organization, or animal control agency operated by a 539 humane society or any county, municipality, or other 540 incorporated political subdivision may not intentionally breed 541 dogs or cats for sal e to the public or, in exchange for payment 542 or any other compensation, obtain a dog or cat from a person who 543 breeds dogs or cats, resells dogs or cats from a breeder, or 544 sells dogs or cats at auction. This subsection does not apply to 545 or affect the ability of a person who offers for sale, directly 546 to the public, dogs or cats that the person has bred or trained 547 on his or her own property. 548 Section 14. Subsection (9) of section 474.203, Florida 549 Statutes, is amended to read: 550 HB 849 2022 CODING: Words stricken are deletions; words underlined are additions. hb0849-00 Page 23 of 23 F L O R I D A H O U S E O F R E P RE S E N T A T I V E S 474.203 Exemptions. —This chapter does not apply to: 551 (9) An employee, an agent, or a contractor of a public or 552 private animal shelter, animal rescue, humane organization, or 553 animal control agency operated by a humane organization or by a 554 county, a municipality, or another incorporated political 555 subdivision whose work is confined solely to the implantation of 556 a radio frequency identification device microchip for dogs and 557 cats in accordance with s. 823.15. 558 559 For the purposes of chapters 465 and 893, persons exempt 560 pursuant to subsection ( 1), subsection (2), or subsection (4) 561 are deemed to be duly licensed practitioners authorized by the 562 laws of this state to prescribe drugs or medicinal supplies. 563 Section 15. This act shall take effect July 1, 2022. 564