Florida 2022 Regular Session

Florida House Bill H0849 Latest Draft

Bill / Introduced Version Filed 12/03/2021

                               
 
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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     
 
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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     
 
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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     
 
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 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     
 
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 (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     
 
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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     
 
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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     
 
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 (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     
 
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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     
 
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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     
 
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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     
 
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 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     
 
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 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 
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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     
 
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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     
 
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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     
 
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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     
 
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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     
 
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 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     
 
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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     
 
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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     
 
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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     
 
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 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