Florida 2025 Regular Session

Florida House Bill H1481 Compare Versions

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

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3	3	HB 1481 2025
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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 dog breeding; creating part III of 2
16	16	ch. 585, F.S., entitled "Dog Breeding"; creating s. 3
17	17	585.71, F.S.; providing legislative findings and 4
18	18	intent; creating s. 585.711, F.S.; providing 5
19	19	definitions; creating s. 585.712, F.S.; providing 6
20	20	construction; providing a presumption that a breeding 7
21	21	female dog is being used for breeding purposes unless 8
22	22	certain conditions are met; creating s. 585.713, F.S.; 9
23	23	requiring dog breeders to apply for a certificate of 10
24	24	registration from the Department of Agricultur e and 11
25	25	Consumer Services; requiring that the certificate be 12
26	26	renewed annually; requiring the department to provide 13
27	27	certain written notice and a renewal form to a dog 14
28	28	breeder; authorizing the department to assess late 15
29	29	filing penalties and to extend the renewa l date for a 16
30	30	specified number of days; requiring the department to 17
31	31	issue a certificate of inspection to a dog breeding 18
32	32	facility that meets certain requirements and rules; 19
33	33	requiring dog breeders and dog breeding facilities to 20
34	34	conspicuously post their certif icates of registration 21
35	35	and certificates of inspection, respectively, in 22
36	36	certain places; creating s. 585.714, F.S.; requiring 23
37	37	the department to adopt specified rules; requiring the 24
38	38	department to consult with certain entities to create 25
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40	40	HB 1481 2025
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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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49	49
50	50
51	51	rules for standards of care; providing specified 26
52	52	criteria for such rules; requiring the department to 27
53	53	inspect a dog breeding facility; authorizing the 28
54	54	department to enter such facility; requiring probable 29
55	55	cause for such entry; authorizing the department to 30
56	56	take certain enforcem ent actions against a dog 31
57	57	breeding facility; authorizing the department to 32
58	58	assess fines; authorizing the department to enter into 33
59	59	cooperative agreements to conduct such inspections and 34
60	60	board confiscated dogs; authorizing the department to 35
61	61	create a risk-based inspection frequency system; 36
62	62	authorizing the department to suspend or revoke 37
63	63	certificates of registration and certificates of 38
64	64	inspection under certain circumstances; requiring the 39
65	65	department to establish an expedited review system for 40
66	66	confiscated dogs; requiring the department to create a 41
67	67	publicly available database on its website which 42
68	68	contains certain information; requiring the department 43
69	69	to establish a whistleblower program for reporting 44
70	70	certain violations; creating s. 585.715, F.S.; 45
71	71	requiring dog breeders and dog breeding facilities to 46
72	72	microchip certain dogs; requiring such microchips to 47
73	73	be registered with the department; requiring a retail 48
74	74	establishment to conspicuously post certain 49
75	75	certificates of registration and certificates of 50
76	76
77	77	HB 1481 2025
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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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86	86
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88	88	inspection; prohibiting a retail establishment from 51
89	89	selling or accepting for sale a dog that does not meet 52
90	90	the microchipping requirements; providing civil 53
91	91	penalties; creating s. 585.716, F.S.; prohibiting an 54
92	92	individual from transferring a dog at specified 55
93	93	locations; providing exceptions; creating s. 585.717, 56
94	94	F.S.; providing for enforcement; authorizing civil and 57
95	95	criminal penalties; authorizing law enforcement 58
96	96	agencies and local animal control departments to enter 59
97	97	into an agreement with the department to obtain 60
98	98	reimbursement for enforcement costs; amending s. 61
99	99	585.007, F.S.; conforming a provision to changes made 62
100	100	by the act; providing an effective date. 63
101	101	64
102	102	Be It Enacted by the Legislature of the State of Florida: 65
103	103	66
104	104	Section 1. Part III of chapter 585, Florida Statutes, 67
105	105	consisting of ss. 585.71-585.718, Florida Statutes, is created 68
106	106	and entitled "Dog Breeding." 69
107	107	Section 2. Section 585.71, Florida Statutes, is created to 70
108	108	read: 71
109	109	585.71 Legislative findings and intent. — 72
110	110	(1) The Legislature finds that: 73
111	111	(a) Breeding dogs for profit without regard for the 74
112	112	condition in which the dogs live or how they are cared for is an 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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123	123
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125	125	act of animal cruelty. 76
126	126	(b) The registration of individuals or corporations that 77
127	127	breed dogs for profit is necessary to prevent the cruel 78
128	128	treatment of dogs, to prevent bred dogs that end up in shelters 79
129	129	from being euthanized at a financial cost to local governmental 80
130	130	entities and this state, and to prevent the emotional suffering 81
131	131	of individuals and families that experience the unethical and 82
132	132	bad business practices o f some dog breeders. 83
133	133	(2) It is the intent of the Legislature to require any 84
134	134	individual or corporation that breeds dogs for profit to 85
135	135	register with the department and for dog breeding facilities to 86
136	136	be inspected by the department to ensure that quality sta ndards 87
137	137	are met and that only qualified individuals and facilities are 88
138	138	authorized to breed dogs to reduce the number of sick and 89
139	139	unwanted dogs in this state. 90
140	140	Section 3. Section 585.711, Florida Statutes, is created 91
141	141	to read: 92
142	142	585.711 Definitions. —As used in this part, the term: 93
143	143	(1) "Breeding female dog" means a dog that has not been 94
144	144	spayed and is more than 6 months old and capable of 95
145	145	reproduction. 96
146	146	(2) "Certificate of inspection" means an official document 97
147	147	issued by the department to a dog breeding fa cility stipulating 98
148	148	compliance with this part and department rules. 99
149	149	(3) "Certificate of registration" means an official 100
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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	document issued by the department to a dog breeder as evidence 101
163	163	of such dog breeder being properly registered with the 102
164	164	department in compliance with this part and department rules. 103
165	165	(4) "Consideration" means anything of value including cash, 104
166	166	credit, electronic transfer, services, or any type of or interest in 105
167	167	property. 106
168	168	(5) "Dog breeder" means a person that owns or possesses a 107
169	169	breeding female dog and offers dogs bred from the breeding 108
170	170	female dog for sale or exchange in return for consideration. 109
171	171	(6) "Dog breeding facility" means any location in which a 110
172	172	dog breeder has at least one breeding female dog. 111
173	173	(7) "Dog broker" means a person t hat sells dogs for profit 112
174	174	and does not have a physical location for inspection purposes. 113
175	175	For purposes of this part, a dog broker is synonymous with a dog 114
176	176	breeder and a dog broker must comply with all regulations 115
177	177	applicable to a dog breeder. 116
178	178	(8) "Federal regulations" means the federal Animal Welfare 117
179	179	Act, 9 C.F.R. part 3, subpart A. 118
180	180	(9) "Transfer" means a transaction in which, for 119
181	181	consideration, a dog is exchanged, offered for exchange, or 120
182	182	advertised for exchange for a commercial purpose. 121
183	183	Section 4. Section 585.712, Florida Statutes, is created 122
184	184	to read: 123
185	185	585.712 Construction; presumption of use for dog 124
186	186	breeding.— 125
187	187
188	188	HB 1481 2025
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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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199	199	(1) The authority of the department to regulate and 126
200	200	inspect dog breeders and dog breeding facilities does not 127
201	201	preempt local governmental e ntities from placing more 128
202	202	restrictive conditions on dog breeders or dog breeding 129
203	203	facilities. 130
204	204	(2) For the purposes of this part, each breeding female 131
205	205	dog possessed by a dog breeder is presumed to be used for 132
206	206	breeding purposes unless the dog breeder establ ishes to the 133
207	207	satisfaction of the department, based on the dog breeder's 134
208	208	breeding records or other evidence reasonably acceptable to the 135
209	209	department, that the dog is not used for breeding. 136
210	210	Section 5. Section 585.713, Florida Statutes, is created 137
211	211	to read: 138
212	212	585.713 Certificate of registration and inspection. — 139
213	213	(1) Each dog breeder within this state must apply to the 140
214	214	department, on a form supplied by the department, for a 141
215	215	certificate of registration. 142
216	216	(2) The certificate of registration must be renewed 143
217	217	annually on its anniversary date upon satisfactorily showing 144
218	218	that the applicant has complied with this part and department 145
219	219	rules. 146
220	220	(3) The department shall provide to each dog breeder 147
221	221	subject to this section a written notice and renewal form no 148
222	222	less than 60 days before the annual renewal date, which informs 149
223	223	the dog breeder of the certificate of registration renewal date. 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	(4) The department may assess penalties for late filing, 151
237	237	not to exceed $500. Upon application before the renewal date, 152
238	238	the department may, for good cause, such as a natural disaster, 153
239	239	hardship, or unusual circumstance, supported by written 154
240	240	documentation, extend the renewal date without penalty for up to 155
241	241	90 days. 156
242	242	(5) The department shall i ssue a certificate of inspection 157
243	243	to any dog breeding facility that meets the requirements of this 158
244	244	part and department rules. 159
245	245	(6) Each dog breeder and dog breeding facility must 160
246	246	conspicuously post its certificate of registration and 161
247	247	certificate of inspection, respectively, in a place that is in 162
248	248	clear and unobstructed public view. 163
249	249	Section 6. Section 585.714, Florida Statutes, is created 164
250	250	to read: 165
251	251	585.714 Powers and duties of the department. —The 166
252	252	department: 167
253	253	(1) Shall adopt rules to administer and enforce this part, 168
254	254	including: 169
255	255	(a) The application fo r and issuance, suspension, and 170
256	256	revocation of certificates of registration and certificates of 171
257	257	inspection. 172
258	258	(b) In consultation with local governmental entities and 173
259	259	dog rescue organizations, the standards of care for dog 174
260	260	breeding. The standards of care mu st, at minimum: 175
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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	1. Meet the minimum federal regulations for dog breeding 176
274	274	facilities. 177
275	275	2. Include limitations relating to the number of breeding 178
276	276	female dogs per dog breeder and the number of times a breeding 179
277	277	female dog may be bred annually. 180
278	278	3. Include requirements for the space, exercise, 181
279	279	confinement, veterinary care, temperature, food, and euthanasia 182
280	280	of each breeding female dog. 183
281	281	4. Require that each breeding female dog have a 184
282	282	certificate of veterinary inspection. 185
283	283	(2) Shall inspect, or cause to be inspected, all dog 186
284	284	breeding facilities. In inspecting a dog breeding facility, the 187
285	285	department may: 188
286	286	(a) Enter the dog breeding facility to determine 189
287	287	compliance with this part and department rules and to seize, 190
288	288	without compensation, any dogs from such faci lities or breeders 191
289	289	in violation of this part or department rules. To enter a dog 192
290	290	breeding facility under this section, there must be probable 193
291	291	cause. 194
292	292	(b) Declare a dog breeding facility noncompliant and 195
293	293	provide the registered facility owner or operator with an 196
294	294	opportunity to cure the noncompliance within 10 days. 197
295	295	(c) Assess fines. 198
296	296	(3) May enter into a cooperative agreement with any 199
297	297	individual, municipality, county, or organization to perform 200
298	298
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306	306	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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308	308
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310	310	inspections or boarding of confiscated dogs. 201
311	311	(4) May create a system of risk-based inspections to 202
312	312	ensure compliance with the standards of care. 203
313	313	(5) May suspend or revoke certificates of registration and 204
314	314	certificates of inspection of dog breeders and dog breeding 205
315	315	facilities, respectively. 206
316	316	(6) Shall establish an expedited review system for dogs 207
317	317	that have been confiscated to ensure that they are not held 208
318	318	indefinitely. 209
319	319	(7) Shall create a publicly available database on its 210
320	320	website which contains all of the following information: 211
321	321	(a) All dog breeder certificate s of registration and dog 212
322	322	breeding facility certificates of inspection issued pursuant to 213
323	323	this part. 214
324	324	(b) Any administrative action taken against any 215
325	325	individual, dog breeder, dog breeding facility, or retail 216
326	326	establishment pursuant to s. 585.715(3)(c). 217
327	327	(8) Shall establish a whistleblower program in which any 218
328	328	individual may alert the department about a violation of this 219
329	329	part and shall provide a reward system for such alerts which may 220
330	330	be funded with fines or through an agreement with a private 221
331	331	organization. 222
332	332	Section 7. Section 585.715, Florida Statutes, is created 223
333	333	to read: 224
334	334	585.715 Microchipping and certificates; retail sale of 225
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343	343	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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347	347	dogs.— 226
348	348	(1) A dog breeder or dog breeding facility must fit each 227
349	349	breeding female dog or any dog that it intends to offer for sa le 228
350	350	with a unique microchip and register the unique microchip with 229
351	351	the department. 230
352	352	(2) A retail establishment that sells dogs in this state 231
353	353	must do all of the following: 232
354	354	(a) Conspicuously post in a place that is in clear and 233
355	355	unobstructed public view an y certificates of registration and 234
356	356	certificates of inspection of dog breeders and dog breeding 235
357	357	facilities, respectively, from which the retail establishment 236
358	358	obtains dogs for sale. 237
359	359	(b) Ensure that any dog offered for sale in the retail 238
360	360	establishment is fitted with a unique microchip by the dog 239
361	361	breeder or dog breeding facility pursuant to subsection (1). The 240
362	362	retail establishment may not sell or accept for sale any dog 241
363	363	which does not have a microchip that is registered with the 242
364	364	department. 243
365	365	(c) Provide a certificate of veterinary inspection for 244
366	366	each dog offered for sale. 245
367	367	(3)(a) Any individual who violates paragraph (2)(a) may be 246
368	368	subject to a fine as established by the department. 247
369	369	(b) A retail establishment that violates subsection (2) is 248
370	370	subject to a Class I fine pursuant to s. 570.971. Each dog 249
371	371	offered for sale in violation of subsection (2) constitutes a 250
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380	380	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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384	384	separate violation. 251
385	385	(c) Any individual, retail establishment, dog breeder, or 252
386	386	dog breeding facility that violates this section shall be placed 253
387	387	on a registry created by the department which details the 254
388	388	violation. 255
389	389	Section 8. Section 585.716, Florida Statutes, is created 256
390	390	to read: 257
391	391	585.716 Unlawful transfer of dogs. —An individual may not 258
392	392	transfer a dog at any roadside, public right -of way, parkway, 259
393	393	median, park or other recreational area, fair, flea market, 260
394	394	outdoor market, commercial or retail parking lot, or similar 261
395	395	transient or outdoor location, regardless of whether the 262
396	396	transfer is otherwise authorized by any other individual. 263
397	397	However, this section does not apply to a transfer by: 264
398	398	(1) Any person that can provide, upon request, whether in 265
399	399	paper, electronic, or other form, a valid license issued by the 266
400	400	department to sell dogs. 267
401	401	(2) Any paid entrant, as part of a fair or an exhibition, 268
402	402	who possesses a dog breeder registration or is a retail 269
403	403	establishment with the appropriate registration to sell dogs. 270
404	404	Section 9. Section 585.717, Florida Statutes, is created 271
405	405	to read: 272
406	406	585.717 Enforcement; fines. — 273
407	407	(1) If the department determines that a dog breeder or dog 274
408	408	breeding facility is operating in violation of this part, the 275
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417	417	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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421	421	department may revoke or suspend the dog breeder certificate of 276
422	422	registration or the dog breeding facility certificate of 277
423	423	inspection. 278
424	424	(2) The department may confiscate all o r a portion of the 279
425	425	dogs in the dog breeding facility pending the outcome of any 280
426	426	hearings or appeals. The dog breeder is responsible for payment 281
427	427	of all boarding costs and other fees as may be required to 282
428	428	humanely and safely house the dogs pending any hearin g or 283
429	429	appeal. 284
430	430	(3) Any administrative order made and entered by the 285
431	431	department imposing a fine pursuant to this part must specify 286
432	432	the amount of the fine and the time limit for payment, which may 287
433	433	not exceed 15 days. Upon failure to pay the fine within the t ime 288
434	434	limit, the dog breeder certificate of registration or the dog 289
435	435	breeding facility certificate of inspection may be suspended or 290
436	436	revoked without further hearing. An additional fine of $100 per 291
437	437	day may be imposed until the dog breeder or the dog breeding 292
438	438	facility complies with the order. 293
439	439	(4) If a dog breeding facility certificate of registration 294
440	440	is revoked, the facility and its registered owners and officers 295
441	441	are prohibited from breeding dogs in this state and may be 296
442	442	subject to the following criminal penalties: 297
443	443	(a) For a first offense, a misdemeanor of the first 298
444	444	degree, punishable as provided in s. 775.082 or s. 775.083; and 299
445	445	(b) For a second or subsequent offense, a felony of the 300
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454	454	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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458	458	third degree, punishable as provided in s. 775.082, s. 775.083, 301
459	459	or s. 775.084. 302
460	460	(5) Any law enforcement agency, including any local animal 303
461	461	control department, may enter into an agreement with the 304
462	462	department to obtain reimbursement for its costs to enforce this 305
463	463	part. 306
464	464	Section 10. Subsection (1) of section 585.007, Florid a 307
465	465	Statutes, is amended to read: 308
466	466	585.007 Violation of rules; violation of chapter. — 309
467	467	(1) Unless otherwise provided by law, a person who 310
468	468	violates this chapter or any rule of the department is shall be 311
469	469	subject to the imposition of an administrative fine in the Class 312
470	470	III category pursuant to s. 570.971 for each offense. Upon 313
471	471	repeated violation, the department may seek enforcement pursuant 314
472	472	to s. 120.69. 315
473	473	Section 11. This act shall take effect July 1, 2025. 316