Florida 2022 Regular Session

Florida House Bill H1061 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1061 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1061-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to sale of dogs and cats; amending s. 2
16	16	828.29, F.S.; requiring that if a pet sale is 3
17	17	terminated for certain reasons a financing agreement 4
18	18	be terminated without cost; deleting a limit on 5
19	19	veterinary costs under certain provisions; requiring a 6
20	20	mandatory waiting period between the purchase and 7
21	21	receipt of an animal if the transaction is financed; 8
22	22	deleting certain provisions relating to return of an 9
23	23	animal; requiring a pet dealer to provide copies of 10
24	24	medical records to a consumer; revising requirements 11
25	25	for disclosures to a consumer; revising the text of a 12
26	26	required disclosure; requiring a pet dealer to retain 13
27	27	a copy of a specified notice for a specifie d period; 14
28	28	providing that violations constitute an unfair method 15
29	29	of competition or an unfair or deceptive act or 16
30	30	practice in violation of specified provisions and 17
31	31	subject to penalties; providing construction; 18
32	32	providing an effective date. 19
33	33	20
34	34	Be It Enacted by the Legislature of the State of Florida: 21
35	35	22
36	36	Section 1. Subsections (5), (6), (7), (8), and (12) of 23
37	37	section 828.29, Florida Statutes, are amended, subsections (18), 24
38	38	(19), and (20) are added to that section, and subsection (17) of 25
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40	40	HB 1061 2022
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45	45	hb1061-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	that section is republ ished, to read: 26
52	52	828.29 Dogs and cats transported or offered for sale; 27
53	53	health requirements; consumer guarantee ; disclosures.— 28
54	54	(5) If, within 14 days after following the sale by a pet 29
55	55	dealer of an animal subject to this section, a licensed 30
56	56	veterinarian of the consumer's choosing certifies that, at the 31
57	57	time of the sale, the animal was unfit for purchase due to 32
58	58	illness or disease, the presence of symptoms of a contagious or 33
59	59	infectious disease, or the presence of internal or external 34
60	60	parasites, excluding fle as and ticks; or if, within 1 year 35
61	61	following the sale of an animal subject to this section, a 36
62	62	licensed veterinarian of the consumer's choosing certifies such 37
63	63	animal to be unfit for purchase due to a congenital or 38
64	64	hereditary disorder which adversely affects the health of the 39
65	65	animal; or if, within 1 year following the sale of an animal 40
66	66	subject to this section, the breed, sex, or health of such 41
67	67	animal is found to have been misrepresented to the consumer, the 42
68	68	pet dealer shall afford the consumer the right to ch oose one of 43
69	69	the following options: 44
70	70	(a) The right to return the animal and receive a refund of 45
71	71	the purchase price, including the sales tax, and reimbursement 46
72	72	for reasonable veterinary costs directly related to the 47
73	73	veterinarian's examination and certificat ion that the dog or cat 48
74	74	is unfit for purchase pursuant to this section and directly 49
75	75	related to necessary emergency services and treatment undertaken 50
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77	77	HB 1061 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	to relieve suffering . If the consumer financed the animal, the 51
89	89	pet dealer must ensure that the financing ar rangement is 52
90	90	terminated without penalty to the consumer ; 53
91	91	(b) The right to return the animal and receive an exchange 54
92	92	dog or cat of the consumer's choice of equivalent value, and 55
93	93	reimbursement for reasonable veterinary costs directly related 56
94	94	to the veterinarian's examination and certification that the dog 57
95	95	or cat is unfit for purchase pursuant to this section and 58
96	96	directly related to necessary emergency services and treatment 59
97	97	undertaken to relieve suffering; or 60
98	98	(c) The right to retain the animal and receive 61
99	99	reimbursement for reasonable veterinary costs for necessary 62
100	100	services and treatment related to the attempt to cure or curing 63
101	101	of the dog or cat. 64
102	102	65
103	103	Reimbursement for veterinary costs may not exceed the purchase 66
104	104	price of the animal. The cost of veterinary serv ices is 67
105	105	reasonable if comparable to the cost of similar services 68
106	106	rendered by other licensed veterinarians in proximity to the 69
107	107	treating veterinarian and the services rendered are appropriate 70
108	108	for the certification by the veterinarian. 71
109	109	(6) All financing terms must be disclosed to the consumer 72
110	110	before the sale of the animal. A mandatory waiting period of at 73
111	111	least 3 calendar days must be imposed between the date of an 74
112	112	agreement to purchase an animal and the date on which the 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	consumer takes possession of the ani mal, if the consumer is 76
126	126	financing the animal. A financing agreement may not be signed by 77
127	127	the consumer until the conclusion of the 3 -day waiting period. A 78
128	128	consumer may sign a waiver relinquishing his or her right to 79
129	129	return the dog or cat for congenital or h ereditary disorders. In 80
130	130	the case of such waiver, the consumer has 48 normal business 81
131	131	hours, excluding weekends and holidays, in which to have the 82
132	132	animal examined by a licensed veterinarian of the consumer's 83
133	133	choosing. If the veterinarian certifies that, at the time of 84
134	134	sale, the dog or cat was unfit for purchase due to a congenital 85
135	135	or hereditary disorder, the pet dealer must afford the consumer 86
136	136	the right to choose one of the following options: 87
137	137	(a) The right to return the animal and receive a refund of 88
138	138	the purchase price, including sales tax, but excluding the 89
139	139	veterinary costs related to the certification that the dog or 90
140	140	cat is unfit; or 91
141	141	(b) The right to return the animal and receive an exchange 92
142	142	dog or cat of the consumer's choice of equivalent value, but n ot 93
143	143	a refund of the veterinary costs related to the certification 94
144	144	that the dog or cat is unfit. 95
145	145	(7) Before the sale of an animal, a pet dealer must 96
146	146	provide to the consumer copies of records of all medical 97
147	147	examinations or tests that were conducted on the a nimal or any 98
148	148	medications given before the purchase of the animal. A pet 99
149	149	dealer may specifically state at the time of sale, in writing to 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	the consumer, the presence of specific congenital or hereditary 101
163	163	disorders, in which case the consumer has no right to a ny refund 102
164	164	or exchange for those disorders. 103
165	165	(8) The refund or exchange required by subsection (5) or 104
166	166	subsection (6) shall be made by the pet dealer not later than 10 105
167	167	business days after following receipt of a signed veterinary 106
168	168	certification as required in subsection (5) or immediately as 107
169	169	required in subsection (6). The consumer must notify the pet 108
170	170	dealer within 2 business days after the veterinarian's 109
171	171	determination that the animal is unfit. The wr itten 110
172	172	certification of unfitness must be presented to the pet dealer 111
173	173	not later than 3 business days following receipt thereof by the 112
174	174	consumer. 113
175	175	(12) Every pet dealer who sells an animal to a consumer 114
176	176	must provide the consumer at the time of sale with a printed 115
177	177	written notice signed by the consumer and separate from the 116
178	178	contract, printed or typed, which reads as follows: 117
179	179	RIGHT TO CANCEL 118
180	180	Florida consumers have certain rights under s. 828.29, 119
181	181	Florida Statutes. You have the right to return or exchange 120
182	182	the animal and receive reimbursement for certain veterinary 121
183	183	expenses. A copy of this law is attached to this notice. 122
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185	185	(Signature of Owner or Lessee, or Owner's or Lessee's 124
186	186	Authorized Officer/Director/Partner/Manager) 125
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188	188	HB 1061 2022
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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200	200	(Signatory's Title/Office) 127
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202	202	Sworn to (or affirmed) and subscribed before me this 129
203	203	.... day of ........, ...(year)..., by ...(name of person 130
204	204	making statement).... 131
205	205	...(Signature of Notary Public - State of Florida)... 132
206	206	...(Print, Type, or Stamp Commissioned Name of Notary 133
207	207	Public)... 134
208	208	Personally Known ........ OR Produced Identification 135
209	209	........ 136
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211	211	The pet dealer must retain a copy of the signed notice and the 138
212	212	consumer must be given a copy of the signed notice. 139
213	213	It is the consumer's right, pursuant to section 828.29, 140
214	214	Florida Statutes, to receive a certificat e of veterinary 141
215	215	inspection with each dog or cat purchased from a pet 142
216	216	dealer. Such certificate shall list all vaccines and 143
217	217	deworming medications administered to the animal and shall 144
218	218	state that the animal has been examined by a Florida -145
219	219	licensed veterinarian who certifies that, to the best of 146
220	220	the veterinarian's knowledge, the animal was found to have 147
221	221	been healthy at the time of the veterinary examination. In 148
222	222	the event that the consumer purchases the animal and finds 149
223	223	it to have been unfit for purchase as provid ed in section 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	828.29(5), Florida Statutes, the consumer must notify the 151
237	237	pet dealer within 2 business days of the veterinarian's 152
238	238	determination that the animal was unfit. The consumer has 153
239	239	the right to retain, return, or exchange the animal and 154
240	240	receive reimbursement for certain related veterinary 155
241	241	services rendered to the animal, subject to the right of 156
242	242	the dealer to have the animal examined by another 157
243	243	veterinarian. 158
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245	245	(17) Except as otherwise provided in this chapter, a 160
246	246	person who violates any provision of thi s section commits a 161
247	247	misdemeanor of the first degree, punishable as provided in s. 162
248	248	775.082 or s. 775.083. 163
249	249	(18) Any record provided to a consumer pursuant to the 164
250	250	sale of an animal under this section must be maintained by the 165
251	251	pet dealer for a period of at l east 7 years after the sale. 166
252	252	(19) A pet dealer who violates this section commits an 167
253	253	unfair method of competition or an unfair or deceptive act or 168
254	254	practice in violation of part II of chapter 501 and is subject 169
255	255	to the penalties and remedies provided for su ch violations. 170
256	256	(20) In addition to any other penalties or remedies 171
257	257	provided by law, a consumer injured by a violation of this 172
258	258	section may bring a civil action to recover damages or punitive 173
259	259	damages, including costs, court costs, and attorney fees. This 174
260	260	section does not limit any right or remedy provided under law. 175
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262	262	HB 1061 2022
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	Section 2. This act shall take effect July 1, 2022. 176