Florida Senate - 2022 SB 1750 By Senator Wright 14-01072A-22 20221750__ 1 A bill to be entitled 2 An act relating to sale of dogs and cats; amending s. 3 828.29, F.S.; requiring that if a pet sale is 4 terminated for certain reasons, a financing agreement 5 must be terminated without penalty; deleting a limit 6 on veterinary costs under certain provisions; 7 requiring all financing terms to be disclosed to a 8 consumer before the sale of an animal; requiring a 9 mandatory waiting period between the purchase and 10 receipt of an animal if the transaction is financed; 11 deleting certain provisions relating to return of an 12 animal; requiring a pet dealer to provide copies of 13 medical records to a consumer; revising requirements 14 for disclosures to a consumer; revising the text of a 15 required disclosure; requiring a pet dealer to retain 16 a copy of a specified notice for a specified period; 17 providing that violations constitute an unfair method 18 of competition or an unfair or deceptive act or 19 practice in violation of specified provisions and 20 subject to penalties; providing construction; 21 providing an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1.Subsections (5) through (8) and (12) of section 26 828.29, Florida Statutes, are amended, subsections (18), (19), 27 and (20) are added to that section, and subsection (17) of that 28 section is republished, to read: 29 828.29Dogs and cats transported or offered for sale; 30 health requirements; consumer guarantee; disclosures. 31 (5)If, within 14 days after following the sale by a pet 32 dealer of an animal subject to this section, a licensed 33 veterinarian of the consumers choosing certifies that, at the 34 time of the sale, the animal was unfit for purchase due to 35 illness or disease, the presence of symptoms of a contagious or 36 infectious disease, or the presence of internal or external 37 parasites, excluding fleas and ticks; or if, within 1 year 38 following the sale of an animal subject to this section, a 39 licensed veterinarian of the consumers choosing certifies such 40 animal to be unfit for purchase due to a congenital or 41 hereditary disorder which adversely affects the health of the 42 animal; or if, within 1 year following the sale of an animal 43 subject to this section, the breed, sex, or health of such 44 animal is found to have been misrepresented to the consumer, the 45 pet dealer shall afford the consumer the right to choose one of 46 the following options: 47 (a)The right to return the animal and receive a refund of 48 the purchase price, including the sales tax, and reimbursement 49 for reasonable veterinary costs directly related to the 50 veterinarians examination and certification that the dog or cat 51 is unfit for purchase pursuant to this section and directly 52 related to necessary emergency services and treatment undertaken 53 to relieve suffering. If the consumer financed the animal, the 54 pet dealer must ensure that the financing arrangement is 55 terminated without penalty to the consumer; 56 (b)The right to return the animal and receive an exchange 57 dog or cat of the consumers choice of equivalent value, and 58 reimbursement for reasonable veterinary costs directly related 59 to the veterinarians examination and certification that the dog 60 or cat is unfit for purchase pursuant to this section and 61 directly related to necessary emergency services and treatment 62 undertaken to relieve suffering; or 63 (c)The right to retain the animal and receive 64 reimbursement for reasonable veterinary costs for necessary 65 services and treatment related to the attempt to cure or curing 66 of the dog or cat. 67 68 Reimbursement for veterinary costs may not exceed the purchase 69 price of the animal. The cost of veterinary services is 70 reasonable if comparable to the cost of similar services 71 rendered by other licensed veterinarians in proximity to the 72 treating veterinarian and the services rendered are appropriate 73 for the certification by the veterinarian. 74 (6)All financing terms must be disclosed to the consumer 75 before the sale of the animal. A mandatory waiting period of at 76 least 3 calendar days must be imposed between the date of an 77 agreement to purchase an animal and the date on which the 78 consumer takes possession of the animal, if the consumer is 79 financing the animal. A financing agreement may not be signed by 80 the consumer until the conclusion of the 3-day waiting period. A 81 consumer may sign a waiver relinquishing his or her right to 82 return the dog or cat for congenital or hereditary disorders. In 83 the case of such waiver, the consumer has 48 normal business 84 hours, excluding weekends and holidays, in which to have the 85 animal examined by a licensed veterinarian of the consumers 86 choosing. If the veterinarian certifies that, at the time of 87 sale, the dog or cat was unfit for purchase due to a congenital 88 or hereditary disorder, the pet dealer must afford the consumer 89 the right to choose one of the following options: 90 (a)The right to return the animal and receive a refund of 91 the purchase price, including sales tax, but excluding the 92 veterinary costs related to the certification that the dog or 93 cat is unfit; or 94 (b)The right to return the animal and receive an exchange 95 dog or cat of the consumers choice of equivalent value, but not 96 a refund of the veterinary costs related to the certification 97 that the dog or cat is unfit. 98 (7)Before the sale of an animal, a pet dealer must provide 99 to the consumer copies of records of all medical examinations or 100 tests that were conducted on the animal or any medications given 101 before the purchase of the animal. A pet dealer may specifically 102 state at the time of sale, in writing to the consumer, the 103 presence of specific congenital or hereditary disorders, in 104 which case the consumer has no right to any refund or exchange 105 for those disorders. 106 (8)The refund or exchange required by subsection (5) or 107 subsection (6) shall be made by the pet dealer not later than 10 108 business days after following receipt of a signed veterinary 109 certification as required in subsection (5) or immediately as 110 required in subsection (6). The consumer must notify the pet 111 dealer within 2 business days after the veterinarians 112 determination that the animal is unfit. The written 113 certification of unfitness must be presented to the pet dealer 114 not later than 3 business days following receipt thereof by the 115 consumer. 116 (12)Every pet dealer who sells an animal to a consumer 117 must provide the consumer at the time of sale with a printed 118 written notice signed by the consumer and separate from the 119 contract, printed or typed, which reads as follows: 120 RIGHT TO CANCEL 121 Florida consumers have certain rights under s. 828.29, 122 Florida Statutes. You have the right to return or 123 exchange the animal and receive reimbursement for 124 certain veterinary expenses. A copy of this law is 125 attached to this notice. 126 127 (Signature of Owner or Lessee, or Owners or Lessees 128 Authorized Officer/Director/Partner/Manager) 129 130 (Signatorys Title/Office) 131 132 Sworn to (or affirmed) and subscribed before me 133 this .... day of ........, ...(year)..., by ...(name 134 of person making statement).... 135 ...(Signature of Notary Public - State of Florida)... 136 ...(Print, Type, or Stamp Commissioned Name of Notary 137 Public)... 138 Personally Known ........ OR Produced 139 Identification ........ 140 141 The pet dealer must retain a copy of the signed notice and the 142 consumer must be given a copy of the signed notice. 143 It is the consumers right, pursuant to section 144 828.29, Florida Statutes, to receive a certificate of 145 veterinary inspection with each dog or cat purchased 146 from a pet dealer. Such certificate shall list all 147 vaccines and deworming medications administered to the 148 animal and shall state that the animal has been 149 examined by a Florida-licensed veterinarian who 150 certifies that, to the best of the veterinarians 151 knowledge, the animal was found to have been healthy 152 at the time of the veterinary examination. In the 153 event that the consumer purchases the animal and finds 154 it to have been unfit for purchase as provided in 155 section 828.29(5), Florida Statutes, the consumer must 156 notify the pet dealer within 2 business days of the 157 veterinarians determination that the animal was 158 unfit. The consumer has the right to retain, return, 159 or exchange the animal and receive reimbursement for 160 certain related veterinary services rendered to the 161 animal, subject to the right of the dealer to have the 162 animal examined by another veterinarian. 163 164 (17)Except as otherwise provided in this chapter, a person 165 who violates any provision of this section commits a misdemeanor 166 of the first degree, punishable as provided in s. 775.082 or s. 167 775.083. 168 (18)Any record provided to a consumer pursuant to the sale 169 of an animal under this section must be maintained by the pet 170 dealer for a period of at least 7 years after the sale. 171 (19)A pet dealer who violates this section commits an 172 unfair method of competition or an unfair or deceptive act or 173 practice in violation of part II of chapter 501 and is subject 174 to the penalties and remedies provided for such violations. 175 (20)In addition to any other penalties or remedies 176 provided by law, a consumer injured by a violation of this 177 section may bring a civil action to recover damages or punitive 178 damages, including costs, court costs, and attorney fees. This 179 section does not limit any right or remedy provided under law. 180 Section 2.This act shall take effect July 1, 2022.