The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: CS/SB 994
INTRODUCER: Regulated Industries Committee and Senator Diaz and others
SUBJECT: Pet Protection
DATE: January 12, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. CA
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 994 creates the “Florida Pet Protection Act”) (act) to require the licensing of retail pet
stores in Florida that display, sell, offer to sell, deliver, auction, broker, give away, or transfer
certain household pets (i.e., domestic dogs or domestic cats). Under the bill, a valid retail pet
store license issued by the Department of Business and Professional Regulation (DBPR) is
required to operate a retail pet store that sells certain household pets (retail pet store). A retail pet
store must be annually inspected by the DBPR.
The bill requires that, as to certain household pets, a retail pet store must:
Acquire the pets only from certain sources, as defined in the bill; and
Not sell a pet:
o Younger than eight weeks old;
o Without an identification microchip;
o Without a valid veterinary certification as specified in the bill;
o To a person younger than 18 years old;
o That is acquired from a qualified breeder or pet broker, unless the retail pet store provides
to the buyer of the pet, before completing the transaction, a written certification of
information specified in the bill, including identifying information for the pet and the
breeder who bred the pet.
REVISED: BILL: CS/SB 994 Page 2
The bill requires a retail pet store to provide all of the following for household pets at the store:
Specified flooring in animal enclosures;
Daily cleaning of animal enclosures, as necessary to prevent bodily waste accumulation;
An isolation enclosure for animals under veterinarian-directed isolation;
Climate control to maintain enclosure temperatures between 67 and 78 degrees at all times;
Veterinary visits to the pet store at least twice weekly;
A daily enrichment program for puppies of exercise and socialization; and
A photograph or digital image and video footage depicting each breeding facility from which
the pet store acquires household pets.
Administrative, civil, and criminal penalties are set forth in the bill. If a person is convicted of
engaging in unlawful practices in the sale of household pets or the operation of a retail pet store,
the person may be punished by up to 60 days in jail or a fine up to $500.
The bill provides that the act preempts county and municipal ordinances and regulations that
prohibit or regulate the breeding, purchase, or sale of hunting dogs, field trial dogs, sporting
dogs, conformation dogs, cattle dogs, police dogs, or service dogs as defined under the
Americans with Disabilities Act.
Under the bill, a county or municipality may adopt an ordinance or a regulation on or after July
1, 2022, which regulates, but does not prohibit, the operation of retail pet stores or the breeding,
purchase, or sale of household pets, provided the ordinances or regulations are consistent and not
in conflict with the requirements imposed by the act.
The following are not expressly preempted under the bill:
Any county or municipal ordinance or regulation in effect on or before June 1, 2021, which
prohibits the operation of retail pet stores within its jurisdiction.
Any county or municipal ordinance or regulation adopted before July 1, 2022, which imposes
a moratorium on the establishment of new retail pet stores, or that otherwise regulates such
stores within its jurisdiction.
The authority of a local government to levy a local business tax.
The bill requires certain public data about animals in shelters or in the possession of other
entities currently required to be reported to the Department of Agriculture and Consumer
Services (DACS) to be made available by DACS on a monthly basis, in a searchable format, on
its website.
The bill is estimated to have an impact on state government. See Section V, Fiscal Impact
Statement.
The bill is effective July 1, 2022.
II. Present Situation:
The regulation in Florida law of retail pet stores and the sale of dogs and cats is limited, and no
state license is required under current law to engage in such activities.
BILL: CS/SB 994 Page 3
Section s. 823.15, F.S., provides requirements for the handling of dogs and cats taken in by a
public or private animal shelter, humane organization, or animal control agency operated by a
humane organization or by a county, municipality, or other incorporated political subdivision
(shelter). A shelter must maintain certain records about the animals it takes in and make the
records available for public inspection and dissemination.
1
All dogs and cats sold or released for adoption from a shelter must be sterilized, by either:
Providing sterilization by a licensed veterinarian before relinquishing custody of the animal;
or
Entering into a written agreement with the adopter or purchaser guaranteeing that
sterilization will be performed within 30 days or prior to sexual maturity.
2
As to pet shops, current state law mandates the procedure for the euthanasia of warm-blooded
animals, except those held as food for another animal, offered for sale, or obtained for sale by a
pet shop.
3
Local Ordinance Regulation
The regulation in Florida law of retail pet stores and the sale of dogs and cats is limited, and no
state licensing is required under current law to engage in such activities.
A number of local governments in Florida have adopted ordinances to regulate the operations of
pet stores in their jurisdictions. The Hillsborough County Commission (commission) addressed
perceived abuses at pet stores in that jurisdiction by enacting retail sale regulations for pet
shops,
4
including requiring an adoption-based business model for the operation of new pet
shops,
5
and adopted Ordinance 20-4 at its regular meeting on March 4, 2020.
6
The commission’s
staff notes the following circumstances occurring in that county:
7
On May 26, 2017, the Board of County Commissioners (BOCC) enacted
the Pet Retail Sales Ordinance. Hillsborough County is one of over 200
1
See s. 823.15(2)(a), F.S.; data for species other than domestic cats and domestic dogs is to be separately recorded.
2
See s. 828.15(3), F.S.; the shelter must require a sufficient deposit from the adopter or purchaser, refundable upon
presentation to the shelter of written evidence of sterilization by the veterinarian performing procedure.
3
Section 828.065, F.S.
4
See the Hillsborough County Code of Ordinances, Part A, Ch. 6, Art. II, s. 6-20, for the definition of pet shop, detailing the
requirements for an “existing” pet shop entitled to grandfather privileges, at ARTICLE II. - ANIMAL CONTROL | Code of
Ordinances, Part A | Hillsborough County, FL | Municode Library, and s. 6-61, for the elimination of such grandfather
privilege in certain circumstances, at Sec. 6-61. - Elimination of grandfather privilege for existing pet shops and providing for
certain regulations. | Code of Ordinances, Part A | Hillsborough County, FL | Municode Library (last visited Jan. 7, 2022).
5
Id., see the Hillsborough County Code of Ordinances, Part A, s. 6-63, Adoption-based business model for retail sale of dogs
and cats and other requirements for new pet shops, at Sec. 6-63. - Adoption-based business model for retail sale of dogs and
cats and other requirements for new pet shops. | Code of Ordinances, Part A | Hillsborough County, FL | Municode Library
(last visited Jan. 7, 2022).
6
See Anastasia Dawson, Commissioners look to snuff out animal breeders, sales within Hillsborough County, at
https://www.tampabay.com/news/hillsborough/2020/01/23/commissioners-look-to-snuff-out-animal-breeders-sales-within-
hillsborough-county/ (last visited Jan. 7, 2022).
7
A copy of Ordinance 20-4 is on file with the Senate Committee on Regulated Industries. See also the county’s Agenda Item
Cover Sheet and Staff Report Outlining Recommendations, at
https://eagenda.hillsboroughcounty.org/portal/PTL29560/search?D=01/23/2020&T=Regular%20BOCC%20Meeting&Y=Ba BILL: CS/SB 994 Page 4
jurisdictions that have enacted similar ordinances in the U.S. and Canada,
with nearly 70 ordinances existing in Florida. The Ordinance regulates the
sale of dogs and cats by pet retail businesses that existed in Hillsborough
County at the time the Ordinance became effective. The Ordinance also
requires new pet retail businesses to sell only dogs or cats obtained from
an animal shelter or rescue organization and prohibits retail sale of these
animals in public places, like flea markets, and yard sales.
On September 23, 2019, Hillsborough County Pet Resources was awarded
custody of more than 300 dogs living in deplorable conditions at an animal
breeding and retail business in Tampa. In view of this event, on October 2,
2019, the BOCC directed the County Attorney's Office, with the
assistance of County Administration, to bring back recommendations to
strengthen the Pet Retail Sales Ordinance, including addressing
commercial dog breeding facilities at the November 6, 2019 BOCC
meeting. After meeting with individual Commissioners, Pet Resources,
County Administration, and other interested persons, including Pet Retail
business owners and representatives from various breeding associations,
the matter was postponed to December 4, 2019 to further explore new
ideas that developed.
Staff's recommendations include addressing pet retail sales and proposed
breeder regulations separately; eliminating grandfather privilege for
existing pet retail shops in the County within an approximate two year
period; including additional interim restrictions and penalties for existing
pet shops; redefining the term breeder and defining the term hobby
breeder; banning all unregulated breeding activities; establishing
permitting/licensing and zoning requirements for hobby breeders and
eliminating the County's current permitting process; and setting forth
breeder care/treatment regulations, enforcement, and penalties.
According to the Humane Society of the United States, in 2021 there were a total of 83
municipalities and counties in Florida with ordinances banning the retail sales of dogs and cats,
8
and 409 such ordinances nationwide.
9
Action by Office of the Florida Attorney General
Florida Attorney General Ashley Moody filed a complaint for restitution, civil penalties and
other relief under the Florida Deceptive and Unfair Trade Practices Act, ch. 501, part II, F.S.,
ckup&o=B-4.pdf (last visited Jan. 7, 2022). See also Anastasia Dawson, Commissioners look to snuff out animal breeders,
sales within Hillsborough County, at https://www.tampabay.com/news/hillsborough/2020/01/23/commissioners-look-to-
snuff-out-animal-breeders-sales-within-hillsborough-county/ (last visited Jan. 7, 2022).
8
FL Localities Banning Retail Pet Store Puppy Sales, Humane Society of the United States, at
https://docs.google.com/spreadsheets/d/1ST__hm2bc5_CRCcOgNxjHuPs7dHoBRbPBIiSfc3y4pw/edit#gid=1855228915
(last visited Jan. 7, 2022).
9
[US] Localities Banning Retail Pet Store Puppy Sales, Humane Society of the United States, at
https://docs.google.com/spreadsheets/d/1ST__hm2bc5_CRCcOgNxjHuPs7dHoBRbPBIiSfc3y4pw/edit#gid=0 (last visited
Jan. 7, 2022). BILL: CS/SB 994 Page 5
against a retail pet store and its owners in Orlando.
10
The complaint alleges that the store and its
owners misrepresented information on the store website and used in-store sales people to
represent that the puppies the store sold were high quality, healthy, bred by licensed breeders,
registered with the American Kennel Club, and warranted against illness, health disorders, and
death after purchase. Instead of bringing healthy puppies home, the customers of the store
discovered that the puppies were seriously ill, had health disorders, and some died within a year
of purchase. The Attorney General requested the court to rescind the contracts, refund purchase
payments and assess civil penalties in the amount of $10,000 and up to $15,000 per transaction.
Discovery in the case is ongoing.
11
United States Department of Agriculture Breeder Inspections
The Animal Care program under the Animal and Plant Health Inspection Service within the
United States Department of Agriculture (USDA) licenses breeders under the federal Animal
Welfare Act.
12
Licensed USDA facilities are subject to prelicensure and other inspections
undertaken pursuant to the USDA’s Animal Welfare Inspection Guide.
13
III. Effect of Proposed Changes:
Statutory Framework and Definitions
Section 1 of the bill provides direction to the Division of Law Revision to create part XVII of
ch. 468, F.S., consisting of ss. 468.901 through 468.9921, F.S., with the title “Retail Pet Stores.”
Section 2 of the bill creates s. 468.901, F.S., which provides part VII of ch. 468, F.S., may be
cited as the “Florida Pet Protection Act” (act). Under the bill, the term “household pet” means a
domestic dog or a domestic cat (regardless of age, thus puppies and kittens are deemed
household pets also). See Section 3 for other definitions applicable to the act.
Section 3 of the bill creates s. 468.903, F.S., to define the following terms used in the act.
“Animal rescue” means:
o A nonprofit organization exempt from federal income taxation under s. 501(c)(3) of the
Internal Revenue Code which:
1. Keeps, houses, and maintains household pets (defined as domestic dogs or
domestic cats); and
2. Is dedicated to the welfare, health, safety, and protection of such pets; or
o An organization that offers for adoption spayed or neutered household pets in exchange
for payment of reasonable adoption fees to cover the organization’s costs, including, but
not limited to, costs related to spaying or neutering.
“Animal shelter” means a public facility, or a private facility operated by a nonprofit
organization that is exempt from federal income taxation under s. 501(c)(3) of the Internal
10
Office of the Attorney General, State of Florida, Dep’t of Legal Affairs v. Hoof’s Pets, Inc. et al. Case No. 2020-CA-
005262-0, Filing No. 107627968 (Fla. 9
th
Cir. Ct. May 18, 2020).
11
See the court docket for the case at https://myeclerk.myorangeclerk.com/Cases/search (last visited Jan. 7, 2022).
12
See 7 U.S.C. ss. 2131 et seq.
13
See the latest Guide revised November 2021, at https://www.aphis.usda.gov/animal_welfare/downloads/Animal-Care-
Inspection-Guide.pdf (last visited Jan. 7, 2022). BILL: CS/SB 994 Page 6
Revenue Code, which keeps, houses, and maintains household pets, such as a county or
municipal animal control agency or pound, humane society, animal welfare society, society
for the prevention of cruelty to animals, or other nonprofit organization devoted to the
welfare, protection, and humane treatment of such pets.
“Department” means the Department of Business and Professional Regulation (DBPR).
“Household pet” means a domestic dog or a domestic cat.
“Pet broker” means a person who buys, sells, or offers for sale household pets for resale to
other persons, or who sells or gives one or more such pets to a retail pet store, and who holds
a valid Class B animal dealer license issued by the USDA.
14
“Professional breeder” means a person required to be licensed as a Class A animal dealer by
the USDA.
15
“Retail pet store” means a retail store that sells or offers for sale household pets to the public.
The term does not include an animal rescue, an animal shelter, or a breeder who sells or
transfers to the public household pets bred and raised on the breeder’s premises.
“Veterinarian” means a health care practitioner licensed to engage in the practice of
veterinary medicine under ch. 474, F.S., or licensed in another state by the applicable entity
to engage in the practice of veterinary medicine in that state.
Licensure of Retail Pet Stores; Prohibitions
Section 4 of the bill creates s. 468.905, F.S., to prohibit a person who does not have a valid retail
pet store license issued by the DBPR in accordance with the act, from operating a retail pet store
in Florida that displays, offers for sale, delivers, barters, auctions, brokers, gives away, transfers,
or sells any household pet from the store.
The bill requires the DBPR to adopt standards and procedures consistent with the act for the
licensure of retail pet stores, and an applicant for a retail pet store license must apply to the
DBPR in the form required by the DBPR. Under the bill, the DBPR must assign each licensee a
unique license number for each licensed location.
The bill authorizes the DBPR to establish annual licenses. Under the bill, an application for
license renewal must be submitted to the DBPR in a form required by the DBPR.
Requirements for Retail Pet Stores; Unlawful Practices
Section 5 of the bill creates s. 468.907, F.S., to set forth the requirements for sales of household
pets by retail pet stores, and for operations, procedures, features, and services of such retail pet
stores.
14
A Class B license is issued to dealers (other than Class A dealers described infra at n. 13) whose business includes the
purchase and/or resale of warm-blooded animals, such as commercial dog-breeding facilities, animal brokers, and operators
of auction sales. See https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/SA_Regulated_Businesses (last visited
Jan. 7, 2021). Licensing of dealers and exhibitors is addressed in 7 U.S.C. s. 2133.
15
A Class A license is issued by the USDA to dealers who sell animals that are bred and raised at the dealer’s facility in a
closed or stable colony. See https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/SA_Regulated_Businesses (last
visited Jan. 7, 2021). BILL: CS/SB 994 Page 7
Sales and Transfers of Household Pets by Retail Pet Stores
The bill prohibits displaying, offering for sale, delivering, bartering, auctioning, brokering,
giving away, transferring, or selling any household pet from a retail pet store, unless such pet is
acquired from one of the following sources:
A qualified breeder (qualification requirements are set forth below);
Certain persons exempted from licensure by the United States Department of Agriculture
(USDA);
16
An animal rescue;
An animal shelter; or
A pet broker, and if the pet broker acquires a pet from a professional breeder, that breeder
must be a qualified breeder.
Under the bill, for the purposes of sale or transfer of household pets by retail pet stores, the term
“qualified breeder” means a professional breeder located within or outside Florida who meets all
of the following requirements:
Holds a valid Class A animal license issued by the USDA,
17
and, if required by the state in
which the breeder is located, by a state agency.
Has not been issued a report of a finally adjudicated direct
18
noncompliance violation by the
USDA under the federal Animal Welfare Act, in the two years immediately before offering
for sale, delivering, bartering, auctioning, brokering, giving away, transferring, or selling a
household pet. However, a professional breeder is not considered a qualified breeder until
any pending report of a noncompliance violation is finally adjudicated.
Has not had three or more finally adjudicated noncompliance violations documented in any
report issued by the USDA under the federal Animal Welfare Act for the year immediately
before the offering for sale, delivering, bartering, auctioning, brokering, giving away,
transferring, or selling of a household pet. However, a professional breeder is not considered
a qualified breeder until any pending report of a noncompliance violation is finally
adjudicated.
The bill provides that a retail pet store may not sell, deliver, barter, auction, broker, give away, or
transfer (sell) a household pet that:
Is younger than eight weeks old;
Is not implanted with an International Organization for Standardization (ISO) identification
microchip;
19
16
See 9 C.F.R. s. 2.1(a)(3)(ii)-(vii), for the various classes of persons exempted from federal licensing requirements, from
whom a Florida retail pet store may acquire household pets as provided in the bill, at 9 CFR § 2.1 - Requirements and
application. | CFR | US Law | LII / Legal Information Institute (cornell.edu) (last visited Jan. 7, 2021).
17
See infra n. 13.
18
According to the USDA Animal and Plant Health Inspection Service (APHIS), a “direct” noncompliance is a critical
noncompliance that is currently (at the time of the inspection) having a serious or severe adverse effect on the health and
well-being of the animal. See the APHIS Animal Care Inspection Guide (Revised November 2021) Appendix C for examples
that include heavy tick/flea infestation and embedded overgrown toenails causing gait problems, at
https://www.aphis.usda.gov/animal_welfare/downloads/Animal-Care-Inspection-Guide.pdf (last visited Jan. 7, 2021).
19
ISO is an independent, non-governmental international organization with a membership of 165 national standards bodies.
Through its members, it brings together experts to share knowledge and develop voluntary, consensus-based, market relevant
International Standards that support innovation and provide solutions to global challenges. Because 'International
Organization for Standardization' would have different acronyms in different languages (IOS in English, OIN in French for BILL: CS/SB 994 Page 8
Does not have a valid veterinary certification, including the United States Interstate and
International Certificate of Health Examination for Small Animals prescribed by the USDA
or the official certificate of veterinary inspection prescribed by the Florida Department of
Agriculture and Consumer Services pursuant to s. 828.29, F.S., relating to health
requirements for dogs and cats transported or offered for sale;
Is to be sold to a person younger than 18 years old (verified by a valid driver license, state
identification card, or other government-issued identification card with the person’s
photograph); or
Is acquired from a qualified breeder or pet broker, unless the retail pet store provides to the
buyer of the pet, before completing the transaction, a written certification of the following
(pre-sale certification documents):
o The name, address, and if applicable, the USDA license number, of the breeder who bred
the pet;
o An electronic or paper copy of the breeder’s most recent USDA inspection report, if
applicable;
o The pet’s date of birth, if known;
o The date the retail pet store took possession of the pet;
o The breed, gender, color, and any identifying marks of the pet;
o A signed statement by the retail pet store’s Florida-license veterinarian, in a format
prescribed by the department, which describes any known disease, illness, or congenital
or hereditary condition that adversely affects the health of the pet at the time of
examination; and
o A document signed by the owner or a manager or an employee of the retail pet store
certifying that all information required to be provided to the person acquiring the
household pet is accurate.
A retail pet store must keep an electronic or paper copy of the certification for at least three years
after the date of the buyer acquiring the pet, and the owner or a manager or employee of a retail
pet store may not fraudulently alter or provide false information on a certification,
The bill requires a licensed retail pet store to provide to the buyer of a household pet the
following information (identity and history data):
The pet’s microchip identification number;
The complete name, address, and telephone number of all professional breeders, pet brokers,
or other persons who kept, housed, or maintained the pet before the retail pet store took
possession of the animal, or proof that the pet was acquired through an animal rescue or
animal shelter; and
A photograph or digital image and the name and registration number of both of the pet’s
parents (sire and dam).
A retail pet store must keep a copy of the pre-sale certification documents and the required
identity and history data for at least three years after the date it acquired the household pet.
Organisation internationale de normalisation), the founders decided to use ISO, which is derived from the Greek 'isos',
meaning equal. See https://www.iso.org/about-us.html (last visited Jan. 7, 2021). BILL: CS/SB 994 Page 9
Required Retail Pet Store Features and Services
The bill requires a retail pet store to provide all of the following for household pets at the store:
Flooring in the primary housing enclosures constructed of a solid surface; if grid-style or
wire flooring is used, the surface must be covered with a rubberized or coated material that
prevents an animal’s toe or foot from passing through or being caught in the flooring;
Cleaning of all primary enclosures daily, or as often as necessary to prevent bodily waste
accumulation, and maintenance of a daily sanitation log;
An isolation enclosure with separate ventilation which allows an animal to be kept separately
from others while under veterinarian-directed isolation;
Climate control that ensures that the ambient air temperature of the retail pet store’s premises
is kept between 67 degrees and 78 degrees at all times;
Maintenance of daily logs of the temperature, and if the temperature falls outside the required
range for any reason, maintenance of a corrective action record detailing the steps taken to
adjust the temperature;
Visits by a veterinarian licensed in Florida at least twice weekly to observe the condition of
the pets’ health and overall well-being;
An enrichment program for puppies which consists of exercise and socialization for at least
two 30-minute periods each day;
Maintenance of a log for each puppy of the daily activities that the puppy participates in as
part of an enrichment program; and
A photograph or digital image and video footage depicting each breeding facility from which
the retail pet store acquires household pets.
Inspections of Pet Stores
Section 6 of the bill creates s. 468.909, F.S., to require the DBPR to annually inspect each retail
pet store subject to licensure to ensure compliance with the act and any administrative rules
adopted pursuant to the act. The inspection must include, but is not limited to, an audit of the
pre-sale certification documents and required identity and history data that the licensee must
maintain as required in s. 468.907, F.S., as discussed above.
The bill authorizes, but does not require, the DBPR to conduct an inspection upon receipt of a
complaint or other information alleging a violation of the act or administrative rules adopted
pursuant to the act. In addition, the bill requires the DBPR to establish procedures for conducting
inspections and for creating inspection records. Under the bill, inspections must be conducted
during regular business hours in accordance with the DBPR’s procedures, may be conducted
without prior notice, and a record of each inspection must be maintained by the DBPR in
accordance with its procedures. The bill authorizes the DBPR to enter into a contract or
agreement with one or more veterinarians to conduct pet store inspections, but such veterinarians
must be independent and not affiliated with a retail pet store or an animal rights advocacy
organization.
Administrative, Civil, and Criminal Penalties and Remedies; Rulemaking
Section 7 of the bill creates s. 468.911, F.S., to set forth administrative requirements, remedies
and penalties for violations, and authorizes the DBPR to adopt rules to administer the act. BILL: CS/SB 994 Page 10
Under the bill, the DBPR must deny an application for issuance or renewal of a retail pet store
license if:
The licensee or applicant violates the act or any rule or order issued under the act, if the
violation materially threatens the health or welfare of a household pet; or
The licensee or applicant, in the past 20 years, has been convicted of or pled guilty or nolo
contendere to, regardless of adjudication, a misdemeanor or felony under ch. 828, F.S.,
[Animals: Cruelty, Sales; Animal Enterprise Protection],
20
or a misdemeanor or felony under
ch. 741, F.S., involving an act of domestic violence.
The bill provides, if the DBPR finds that a retail pet store, or a person employed or contracted by
a retail pet store about whom the owner knows or reasonably should have known, has violated or
is operating in violation of the act or any rule or order issued under the act, the DBPR may, by
administrative order:
Issue a notice of noncompliance under s. 120.695, F.S;
21
Impose an administrative fine for each act or omission (with each day a violation continues
constituting a separation violation), not to exceed the following amounts:
o 1. For a first violation, $250;
o 2. For a second violation, $500;
o 3. For a third or subsequent violation, $1,000;
Direct that the person cease and desist from specified activities;
Refuse to issue or renew a license or revoking or suspending a license; or
Place the licensee on probation, subject to conditions specified by the DBPR.
Under the bill, the administrative proceedings that could result in the entry of an order imposing
any of the above penalties are governed by ch. 120, F.S., the Florida Administrative Procedure
Act, which provides uniform procedures for the exercise of specified authority. The DBPR is
authorized to adopt rules to administer part XVII of ch. 468, F.S., created in the bill.
Section 8 of the bill creates s. 468.913, F.S., to authorize legal action to recover civil penalties
and for injunctive relief. Under the bill, the DBPR may bring a civil action in a court of
competent jurisdiction to recover any penalties or damages authorized by the act and for
injunctive relief to enforce compliance with the act.
Section 9 of the bill creates s. 468.915, F.S., to set forth criminal penalties for violations of
certain requirements in the act. A person commits a misdemeanor of the second degree,
punishable by a term of imprisonment not to exceed 60 days or a fine not to exceed $500,
22
if he
or she violates either of the following:
20
Sections 828.40 to 828.43, F.S., constitute the Florida Animal Enterprise Protection Act.” An “animal enterprise” is
defined in s. 828.41(1), F.S., as a commercial or academic enterprise that uses animals for food or fiber production,
agriculture, research, or testing; a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or any fair or similar
event intended to advance agricultural arts and sciences.
21
Section 120.695(2), F.S., provides each state agency must issue a notice of noncompliance as a first response to a minor
violation of an administrative rule. Section 120.695(1), F.S., sets forth the state’s policy that the purpose of regulation is to
protect the public through compliance with policies established by the Legislature; while fines and other penalties may be
imposed in order to assure compliance, they are secondary to the primary goal of attaining compliance with agency rules.
22
See ss. 775.082 and 775.083, F.S. BILL: CS/SB 994 Page 11
Section 468.905(1) or (4), F.S., created in the bill, relating to operation of a retail pet store
without a license.
Section 468.907(2) or (3), F.S., created in the bill, relating to unlawful practices in the sale of
household pets by a retail pet store.
Section 10 of the bill creates s. 468.917, F.S., to require all civil penalties collected by the DBPR
under the act be deposited into the Professional Regulation Trust Fund for the DBPR’s use in
administering the act.
Construction; Preemption of Local Government Regulation of Retail Pet Stores
Section 11 of the bill creates s. 468.919, F.S. to prohibit the construction of the act to prohibit or
regulate the breeding, purchase, or sale of hunting dogs, field trial dogs, sporting dogs,
conformation dogs, cattle dogs, police dogs, or service dogs as defined under the Americans with
Disabilities Act.
Section 12 of the bill creates s. 468.921, F.S., to provide that counties and municipalities may
not prohibit or regulate the breeding, purchase, or sale of hunting dogs, field trial dogs, sporting
dogs, conformation dogs, cattle dogs, police dogs, or service dogs as defined under the
Americans with Disabilities Act. Under the bill, a county or municipality may adopt an
ordinance or a regulation on or after July 1, 2022, which regulates, but does not prohibit, the
operation of retail pet stores or the breeding, purchase, or sale of household pets, provided the
ordinances or regulations are consistent and not in conflict with the requirements imposed under
s. 468.907, F.S., created in the bill.
The following are not preempted under the bill:
Any county or municipal ordinance or regulation in effect on or before June 1, 2021, which
prohibits the operation of retail pet stores within its jurisdiction.
23
Any county or municipal ordinance or regulation adopted before July 1, 2022, which imposes
a moratorium on the establishment of new retail pet stores, or that otherwise regulates such
stores within its jurisdiction.
The authority of a local government to levy a local business tax pursuant to ch. 205, F.S., for
the privilege of engaging in or managing any business, profession, or occupation within its
jurisdiction.
24
Public and Private Animal Agencies; Reporting and Other Requirements; Exemption
Section 13 of the bill amends s. 823.15, F.S., relating to public or private animal agencies and
sterilization requirements, to add animal rescue organizations as regulated entities that must
report certain information to the Florida Department of Agriculture and Consumer Services
(DACS). The bill specifies that certificates of veterinary inspections for all dogs and cats
23
According to data compiled by the Humane Society of the United States (HSUS), at least three counties and three cities
adopted ordinances in 2021 banning retail pet store puppy sales, so this provision may affect those locales. See the link to the
HSUS data supra at n. 9.
24
See s. 205.022(5), F.S., for the definition of “local business tax.” The term does not mean fees or licenses paid to any
board, commission, or officer for permits, registration, examination, or inspection, which, unless otherwise provided by law,
are deemed to be regulatory and in addition to, but not in lieu of, any local business tax imposed under the provisions of
[ch. 205, F.S.]. BILL: CS/SB 994 Page 12
imported into Florida must be reported, and the required data received by DACS must be made
available to the public on a monthly basis and in a searchable format on DACS’s website.
Under the bill, any public or private animal shelter, animal rescue, humane organization, or
animal control agency operated by a humane society or any county, municipality, or other
incorporated political subdivision (animal agencies) must disclose any bite history that exists for
a dog before releasing the animal for adoption. Further such animal agencies may not
intentionally breed dogs or cats for sale to the public or, in exchange for payment or any other
compensation, obtain a dog or cat from a person who breeds dogs or cats, resells dogs or cats
from a breeder, or sells dogs or cats at auction.
The bill does not apply to or affect the ability of a person who offers for sale, directly to the
public, dogs or cats that the person has bred or trained on his or her own property.
The bill also removes obsolete provisions and includes technical and other revisions to conform
to bill drafting requirements.
Exemption from Veterinary Medical Practice
Section 14 of the bill amends s. 474.203, F.S., related to persons and entities exempt from the
requirements of Florida’s veterinary medical practice law (ch. 474, F.S.), to also exempt animal
rescue organizations, as defined in s. 468.903, F.S., created in the bill.
Effective Date
The bill is effective July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: CS/SB 994 Page 13
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The bill requires retail pet stores in Florida to be licensed, if the stores sell or offer to sell
certain domestic dogs or domestic cats, and to have the features, offer the services,
perform the activities, and maintain the records required under the bill. The cost of
meeting these requirements will be borne by the affected retail pet stores.
C. Government Sector Impact:
The creation of a licensing, inspection, and regulatory structure for retail pet stores will
result in a fiscal impact to the state.
The Department of Business and Professional Regulation (DBPR) notes:
Pursuant to the Whitepages.com, Florida has 3,055 retail pet
stores, of which the vast majority most likely sells only supplies
and not dogs and cats as referenced in the bill. A projection of 500
licensed pet stores is used for the fiscal projections in this analysis,
utilizing the veterinarian licensing program to extrapolate
projected expenses.
25
The DBPR further states that s. 455.219, F.S., provides that it is the intent of the
legislature that no regulated profession
26
operate with a negative cash balance, and based
upon its anticipated expenditures to implement the bill, there will be insufficient revenues
to cover the expenditures for the additional licensing, inspection, and regulatory structure
for retail pet stores created in the bill
27
.The DBPR estimates, based on 500 projected
licensees, the new program will generate $12,500 each fiscal year over the next three
years.
28
The DBPR notes some revenue will also be generated from administrative fines
and civil penalties imposed for violations, but the amount is indeterminate.
29
The DBPR estimates one environmental health specialist position is necessary to
accomplish the inspections of retail pet stores required by the bill, with an associated FTE
expense of $86,721 ($59,862 recurring) and nonrecurring costs for technology hardware
25
See Department of Business and Professional Regulation, 2022 Agency Legislative Bill Analysis for SB 994 at 7
(Nov. 18, 2021) (on file with the Senate Committee on Regulated Industries).
26
Under s. 455.01(6), F.S., the term “profession” means “any activity, occupation, profession, or vocation regulated by the
[DBPR] in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation.”
27
See Department of Business and Professional Regulation, 2022 Agency Legislative Bill Analysis for SB 994 at 8
(Nov. 18, 2021) (on file with the Senate Committee on Regulated Industries).
28
Id. at p. 6.
29
Id. at p. 6. BILL: CS/SB 994 Page 14
and software licenses and service of approximately $2,900.
30
If there is not adequate
office space in existing DBPR offices, the DBPR indicates there will additional
undetermined infrastructure costs incurred based on the number, location and suitability
of adequate space to support the full workforce.
31
The DBPR’s Division of Professions and Office of General Counsel further address their
concerns about the terms used in the bill and the basis for agency decisions and rules.
32
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 823.15 and 474.203.
This bill creates the following sections of the Florida Statutes: 468.901, 468.903, 468.905,
468.907, 468.909, 468.911, 468.913, 468.915, 468.917, 468.919, and 468.921.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries Committee on January 11 2022:
The CS provides that a person may not be prohibited or regulated under the bill or under
local regulation from offering certain dogs for sale to the public that the person has bred
or trained. The categories of dogs now include (in addition to hunting dogs, field trial
dogs, sporting dogs, and cattle dogs in the bill as filed):
Conformation (show) dogs;
Police dogs; or
Service dogs as defined under the Americans with Disabilities Act.
The CS also includes a technical revision to require that local regulations be consistent
with all the requirements imposed under s. 468.907, F.S., created by the bill for the sale
or transfer of household pets by retail pet stores (rather than consistency with the “rules”
imposed by that section.
B. Amendments:
None.
30
Id. at pp. 7-9.
31
Id. at p. 7.
32
Id. at pp. 7-9. BILL: CS/SB 994 Page 15
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.