HB 1061 2022
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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
A bill to be entitled 1
An act relating to sale of dogs and cats; amending s. 2
828.29, F.S.; requiring that if a pet sale is 3
terminated for certain reasons a financing agreement 4
be terminated without cost; deleting a limit on 5
veterinary costs under certain provisions; requiring a 6
mandatory waiting period between the purchase and 7
receipt of an animal if the transaction is financed; 8
deleting certain provisions relating to return of an 9
animal; requiring a pet dealer to provide copies of 10
medical records to a consumer; revising requirements 11
for disclosures to a consumer; revising the text of a 12
required disclosure; requiring a pet dealer to retain 13
a copy of a specified notice for a specifie d period; 14
providing that violations constitute an unfair method 15
of competition or an unfair or deceptive act or 16
practice in violation of specified provisions and 17
subject to penalties; providing construction; 18
providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Subsections (5), (6), (7), (8), and (12) of 23
section 828.29, Florida Statutes, are amended, subsections (18), 24
(19), and (20) are added to that section, and subsection (17) of 25
HB 1061 2022
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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
that section is republ ished, to read: 26
828.29 Dogs and cats transported or offered for sale; 27
health requirements; consumer guarantee ; disclosures.— 28
(5) If, within 14 days after following the sale by a pet 29
dealer of an animal subject to this section, a licensed 30
veterinarian of the consumer's choosing certifies that, at the 31
time of the sale, the animal was unfit for purchase due to 32
illness or disease, the presence of symptoms of a contagious or 33
infectious disease, or the presence of internal or external 34
parasites, excluding fle as and ticks; or if, within 1 year 35
following the sale of an animal subject to this section, a 36
licensed veterinarian of the consumer's choosing certifies such 37
animal to be unfit for purchase due to a congenital or 38
hereditary disorder which adversely affects the health of the 39
animal; or if, within 1 year following the sale of an animal 40
subject to this section, the breed, sex, or health of such 41
animal is found to have been misrepresented to the consumer, the 42
pet dealer shall afford the consumer the right to ch oose one of 43
the following options: 44
(a) The right to return the animal and receive a refund of 45
the purchase price, including the sales tax, and reimbursement 46
for reasonable veterinary costs directly related to the 47
veterinarian's examination and certificat ion that the dog or cat 48
is unfit for purchase pursuant to this section and directly 49
related to necessary emergency services and treatment undertaken 50
HB 1061 2022
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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
to relieve suffering . If the consumer financed the animal, the 51
pet dealer must ensure that the financing ar rangement is 52
terminated without penalty to the consumer ; 53
(b) The right to return the animal and receive an exchange 54
dog or cat of the consumer's choice of equivalent value, and 55
reimbursement for reasonable veterinary costs directly related 56
to the veterinarian's examination and certification that the dog 57
or cat is unfit for purchase pursuant to this section and 58
directly related to necessary emergency services and treatment 59
undertaken to relieve suffering; or 60
(c) The right to retain the animal and receive 61
reimbursement for reasonable veterinary costs for necessary 62
services and treatment related to the attempt to cure or curing 63
of the dog or cat. 64
65
Reimbursement for veterinary costs may not exceed the purchase 66
price of the animal. The cost of veterinary serv ices is 67
reasonable if comparable to the cost of similar services 68
rendered by other licensed veterinarians in proximity to the 69
treating veterinarian and the services rendered are appropriate 70
for the certification by the veterinarian. 71
(6) All financing terms must be disclosed to the consumer 72
before the sale of the animal. A mandatory waiting period of at 73
least 3 calendar days must be imposed between the date of an 74
agreement to purchase an animal and the date on which the 75
HB 1061 2022
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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
consumer takes possession of the ani mal, if the consumer is 76
financing the animal. A financing agreement may not be signed by 77
the consumer until the conclusion of the 3 -day waiting period. A 78
consumer may sign a waiver relinquishing his or her right to 79
return the dog or cat for congenital or h ereditary disorders. In 80
the case of such waiver, the consumer has 48 normal business 81
hours, excluding weekends and holidays, in which to have the 82
animal examined by a licensed veterinarian of the consumer's 83
choosing. If the veterinarian certifies that, at the time of 84
sale, the dog or cat was unfit for purchase due to a congenital 85
or hereditary disorder, the pet dealer must afford the consumer 86
the right to choose one of the following options: 87
(a) The right to return the animal and receive a refund of 88
the purchase price, including sales tax, but excluding the 89
veterinary costs related to the certification that the dog or 90
cat is unfit; or 91
(b) The right to return the animal and receive an exchange 92
dog or cat of the consumer's choice of equivalent value, but n ot 93
a refund of the veterinary costs related to the certification 94
that the dog or cat is unfit. 95
(7) Before the sale of an animal, a pet dealer must 96
provide to the consumer copies of records of all medical 97
examinations or tests that were conducted on the a nimal or any 98
medications given before the purchase of the animal. A pet 99
dealer may specifically state at the time of sale, in writing to 100
HB 1061 2022
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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
the consumer, the presence of specific congenital or hereditary 101
disorders, in which case the consumer has no right to a ny refund 102
or exchange for those disorders. 103
(8) The refund or exchange required by subsection (5) or 104
subsection (6) shall be made by the pet dealer not later than 10 105
business days after following receipt of a signed veterinary 106
certification as required in subsection (5) or immediately as 107
required in subsection (6). The consumer must notify the pet 108
dealer within 2 business days after the veterinarian's 109
determination that the animal is unfit. The wr itten 110
certification of unfitness must be presented to the pet dealer 111
not later than 3 business days following receipt thereof by the 112
consumer. 113
(12) Every pet dealer who sells an animal to a consumer 114
must provide the consumer at the time of sale with a printed 115
written notice signed by the consumer and separate from the 116
contract, printed or typed, which reads as follows: 117
RIGHT TO CANCEL 118
Florida consumers have certain rights under s. 828.29, 119
Florida Statutes. You have the right to return or exchange 120
the animal and receive reimbursement for certain veterinary 121
expenses. A copy of this law is attached to this notice. 122
123
(Signature of Owner or Lessee, or Owner's or Lessee's 124
Authorized Officer/Director/Partner/Manager) 125
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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
126
(Signatory's Title/Office) 127
128
Sworn to (or affirmed) and subscribed before me this 129
.... day of ........, ...(year)..., by ...(name of person 130
making statement).... 131
...(Signature of Notary Public - State of Florida)... 132
...(Print, Type, or Stamp Commissioned Name of Notary 133
Public)... 134
Personally Known ........ OR Produced Identification 135
........ 136
137
The pet dealer must retain a copy of the signed notice and the 138
consumer must be given a copy of the signed notice. 139
It is the consumer's right, pursuant to section 828.29, 140
Florida Statutes, to receive a certificat e of veterinary 141
inspection with each dog or cat purchased from a pet 142
dealer. Such certificate shall list all vaccines and 143
deworming medications administered to the animal and shall 144
state that the animal has been examined by a Florida -145
licensed veterinarian who certifies that, to the best of 146
the veterinarian's knowledge, the animal was found to have 147
been healthy at the time of the veterinary examination. In 148
the event that the consumer purchases the animal and finds 149
it to have been unfit for purchase as provid ed in section 150
HB 1061 2022
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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
828.29(5), Florida Statutes, the consumer must notify the 151
pet dealer within 2 business days of the veterinarian's 152
determination that the animal was unfit. The consumer has 153
the right to retain, return, or exchange the animal and 154
receive reimbursement for certain related veterinary 155
services rendered to the animal, subject to the right of 156
the dealer to have the animal examined by another 157
veterinarian. 158
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(17) Except as otherwise provided in this chapter, a 160
person who violates any provision of thi s section commits a 161
misdemeanor of the first degree, punishable as provided in s. 162
775.082 or s. 775.083. 163
(18) Any record provided to a consumer pursuant to the 164
sale of an animal under this section must be maintained by the 165
pet dealer for a period of at l east 7 years after the sale. 166
(19) A pet dealer who violates this section commits an 167
unfair method of competition or an unfair or deceptive act or 168
practice in violation of part II of chapter 501 and is subject 169
to the penalties and remedies provided for su ch violations. 170
(20) In addition to any other penalties or remedies 171
provided by law, a consumer injured by a violation of this 172
section may bring a civil action to recover damages or punitive 173
damages, including costs, court costs, and attorney fees. This 174
section does not limit any right or remedy provided under law. 175
HB 1061 2022
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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
Section 2. This act shall take effect July 1, 2022. 176