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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 dog breeding; creating part III of 2
ch. 585, F.S., entitled "Dog Breeding"; creating s. 3
585.71, F.S.; providing legislative findings and 4
intent; creating s. 585.711, F.S.; providing 5
definitions; creating s. 585.712, F.S.; providing 6
construction; providing a presumption that a breeding 7
female dog is being used for breeding purposes unless 8
certain conditions are met; creating s. 585.713, F.S.; 9
requiring dog breeders to apply for a certificate of 10
registration from the Department of Agricultur e and 11
Consumer Services; requiring that the certificate be 12
renewed annually; requiring the department to provide 13
certain written notice and a renewal form to a dog 14
breeder; authorizing the department to assess late 15
filing penalties and to extend the renewa l date for a 16
specified number of days; requiring the department to 17
issue a certificate of inspection to a dog breeding 18
facility that meets certain requirements and rules; 19
requiring dog breeders and dog breeding facilities to 20
conspicuously post their certif icates of registration 21
and certificates of inspection, respectively, in 22
certain places; creating s. 585.714, F.S.; requiring 23
the department to adopt specified rules; requiring the 24
department to consult with certain entities to create 25
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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
rules for standards of care; providing specified 26
criteria for such rules; requiring the department to 27
inspect a dog breeding facility; authorizing the 28
department to enter such facility; requiring probable 29
cause for such entry; authorizing the department to 30
take certain enforcem ent actions against a dog 31
breeding facility; authorizing the department to 32
assess fines; authorizing the department to enter into 33
cooperative agreements to conduct such inspections and 34
board confiscated dogs; authorizing the department to 35
create a risk-based inspection frequency system; 36
authorizing the department to suspend or revoke 37
certificates of registration and certificates of 38
inspection under certain circumstances; requiring the 39
department to establish an expedited review system for 40
confiscated dogs; requiring the department to create a 41
publicly available database on its website which 42
contains certain information; requiring the department 43
to establish a whistleblower program for reporting 44
certain violations; creating s. 585.715, F.S.; 45
requiring dog breeders and dog breeding facilities to 46
microchip certain dogs; requiring such microchips to 47
be registered with the department; requiring a retail 48
establishment to conspicuously post certain 49
certificates of registration and certificates of 50
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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
inspection; prohibiting a retail establishment from 51
selling or accepting for sale a dog that does not meet 52
the microchipping requirements; providing civil 53
penalties; creating s. 585.716, F.S.; prohibiting an 54
individual from transferring a dog at specified 55
locations; providing exceptions; creating s. 585.717, 56
F.S.; providing for enforcement; authorizing civil and 57
criminal penalties; authorizing law enforcement 58
agencies and local animal control departments to enter 59
into an agreement with the department to obtain 60
reimbursement for enforcement costs; amending s. 61
585.007, F.S.; conforming a provision to changes made 62
by the act; providing an effective date. 63
64
Be It Enacted by the Legislature of the State of Florida: 65
66
Section 1. Part III of chapter 585, Florida Statutes, 67
consisting of ss. 585.71-585.718, Florida Statutes, is created 68
and entitled "Dog Breeding." 69
Section 2. Section 585.71, Florida Statutes, is created to 70
read: 71
585.71 Legislative findings and intent. — 72
(1) The Legislature finds that: 73
(a) Breeding dogs for profit without regard for the 74
condition in which the dogs live or how they are cared for is an 75
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act of animal cruelty. 76
(b) The registration of individuals or corporations that 77
breed dogs for profit is necessary to prevent the cruel 78
treatment of dogs, to prevent bred dogs that end up in shelters 79
from being euthanized at a financial cost to local governmental 80
entities and this state, and to prevent the emotional suffering 81
of individuals and families that experience the unethical and 82
bad business practices o f some dog breeders. 83
(2) It is the intent of the Legislature to require any 84
individual or corporation that breeds dogs for profit to 85
register with the department and for dog breeding facilities to 86
be inspected by the department to ensure that quality sta ndards 87
are met and that only qualified individuals and facilities are 88
authorized to breed dogs to reduce the number of sick and 89
unwanted dogs in this state. 90
Section 3. Section 585.711, Florida Statutes, is created 91
to read: 92
585.711 Definitions. —As used in this part, the term: 93
(1) "Breeding female dog" means a dog that has not been 94
spayed and is more than 6 months old and capable of 95
reproduction. 96
(2) "Certificate of inspection" means an official document 97
issued by the department to a dog breeding fa cility stipulating 98
compliance with this part and department rules. 99
(3) "Certificate of registration" means an official 100
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document issued by the department to a dog breeder as evidence 101
of such dog breeder being properly registered with the 102
department in compliance with this part and department rules. 103
(4) "Consideration" means anything of value including cash, 104
credit, electronic transfer, services, or any type of or interest in 105
property. 106
(5) "Dog breeder" means a person that owns or possesses a 107
breeding female dog and offers dogs bred from the breeding 108
female dog for sale or exchange in return for consideration. 109
(6) "Dog breeding facility" means any location in which a 110
dog breeder has at least one breeding female dog. 111
(7) "Dog broker" means a person t hat sells dogs for profit 112
and does not have a physical location for inspection purposes. 113
For purposes of this part, a dog broker is synonymous with a dog 114
breeder and a dog broker must comply with all regulations 115
applicable to a dog breeder. 116
(8) "Federal regulations" means the federal Animal Welfare 117
Act, 9 C.F.R. part 3, subpart A. 118
(9) "Transfer" means a transaction in which, for 119
consideration, a dog is exchanged, offered for exchange, or 120
advertised for exchange for a commercial purpose. 121
Section 4. Section 585.712, Florida Statutes, is created 122
to read: 123
585.712 Construction; presumption of use for dog 124
breeding.— 125
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(1) The authority of the department to regulate and 126
inspect dog breeders and dog breeding facilities does not 127
preempt local governmental e ntities from placing more 128
restrictive conditions on dog breeders or dog breeding 129
facilities. 130
(2) For the purposes of this part, each breeding female 131
dog possessed by a dog breeder is presumed to be used for 132
breeding purposes unless the dog breeder establ ishes to the 133
satisfaction of the department, based on the dog breeder's 134
breeding records or other evidence reasonably acceptable to the 135
department, that the dog is not used for breeding. 136
Section 5. Section 585.713, Florida Statutes, is created 137
to read: 138
585.713 Certificate of registration and inspection. — 139
(1) Each dog breeder within this state must apply to the 140
department, on a form supplied by the department, for a 141
certificate of registration. 142
(2) The certificate of registration must be renewed 143
annually on its anniversary date upon satisfactorily showing 144
that the applicant has complied with this part and department 145
rules. 146
(3) The department shall provide to each dog breeder 147
subject to this section a written notice and renewal form no 148
less than 60 days before the annual renewal date, which informs 149
the dog breeder of the certificate of registration renewal date. 150
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(4) The department may assess penalties for late filing, 151
not to exceed $500. Upon application before the renewal date, 152
the department may, for good cause, such as a natural disaster, 153
hardship, or unusual circumstance, supported by written 154
documentation, extend the renewal date without penalty for up to 155
90 days. 156
(5) The department shall i ssue a certificate of inspection 157
to any dog breeding facility that meets the requirements of this 158
part and department rules. 159
(6) Each dog breeder and dog breeding facility must 160
conspicuously post its certificate of registration and 161
certificate of inspection, respectively, in a place that is in 162
clear and unobstructed public view. 163
Section 6. Section 585.714, Florida Statutes, is created 164
to read: 165
585.714 Powers and duties of the department. —The 166
department: 167
(1) Shall adopt rules to administer and enforce this part, 168
including: 169
(a) The application fo r and issuance, suspension, and 170
revocation of certificates of registration and certificates of 171
inspection. 172
(b) In consultation with local governmental entities and 173
dog rescue organizations, the standards of care for dog 174
breeding. The standards of care mu st, at minimum: 175
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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
1. Meet the minimum federal regulations for dog breeding 176
facilities. 177
2. Include limitations relating to the number of breeding 178
female dogs per dog breeder and the number of times a breeding 179
female dog may be bred annually. 180
3. Include requirements for the space, exercise, 181
confinement, veterinary care, temperature, food, and euthanasia 182
of each breeding female dog. 183
4. Require that each breeding female dog have a 184
certificate of veterinary inspection. 185
(2) Shall inspect, or cause to be inspected, all dog 186
breeding facilities. In inspecting a dog breeding facility, the 187
department may: 188
(a) Enter the dog breeding facility to determine 189
compliance with this part and department rules and to seize, 190
without compensation, any dogs from such faci lities or breeders 191
in violation of this part or department rules. To enter a dog 192
breeding facility under this section, there must be probable 193
cause. 194
(b) Declare a dog breeding facility noncompliant and 195
provide the registered facility owner or operator with an 196
opportunity to cure the noncompliance within 10 days. 197
(c) Assess fines. 198
(3) May enter into a cooperative agreement with any 199
individual, municipality, county, or organization to perform 200
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inspections or boarding of confiscated dogs. 201
(4) May create a system of risk-based inspections to 202
ensure compliance with the standards of care. 203
(5) May suspend or revoke certificates of registration and 204
certificates of inspection of dog breeders and dog breeding 205
facilities, respectively. 206
(6) Shall establish an expedited review system for dogs 207
that have been confiscated to ensure that they are not held 208
indefinitely. 209
(7) Shall create a publicly available database on its 210
website which contains all of the following information: 211
(a) All dog breeder certificate s of registration and dog 212
breeding facility certificates of inspection issued pursuant to 213
this part. 214
(b) Any administrative action taken against any 215
individual, dog breeder, dog breeding facility, or retail 216
establishment pursuant to s. 585.715(3)(c). 217
(8) Shall establish a whistleblower program in which any 218
individual may alert the department about a violation of this 219
part and shall provide a reward system for such alerts which may 220
be funded with fines or through an agreement with a private 221
organization. 222
Section 7. Section 585.715, Florida Statutes, is created 223
to read: 224
585.715 Microchipping and certificates; retail sale of 225
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dogs.— 226
(1) A dog breeder or dog breeding facility must fit each 227
breeding female dog or any dog that it intends to offer for sa le 228
with a unique microchip and register the unique microchip with 229
the department. 230
(2) A retail establishment that sells dogs in this state 231
must do all of the following: 232
(a) Conspicuously post in a place that is in clear and 233
unobstructed public view an y certificates of registration and 234
certificates of inspection of dog breeders and dog breeding 235
facilities, respectively, from which the retail establishment 236
obtains dogs for sale. 237
(b) Ensure that any dog offered for sale in the retail 238
establishment is fitted with a unique microchip by the dog 239
breeder or dog breeding facility pursuant to subsection (1). The 240
retail establishment may not sell or accept for sale any dog 241
which does not have a microchip that is registered with the 242
department. 243
(c) Provide a certificate of veterinary inspection for 244
each dog offered for sale. 245
(3)(a) Any individual who violates paragraph (2)(a) may be 246
subject to a fine as established by the department. 247
(b) A retail establishment that violates subsection (2) is 248
subject to a Class I fine pursuant to s. 570.971. Each dog 249
offered for sale in violation of subsection (2) constitutes a 250
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separate violation. 251
(c) Any individual, retail establishment, dog breeder, or 252
dog breeding facility that violates this section shall be placed 253
on a registry created by the department which details the 254
violation. 255
Section 8. Section 585.716, Florida Statutes, is created 256
to read: 257
585.716 Unlawful transfer of dogs. —An individual may not 258
transfer a dog at any roadside, public right -of way, parkway, 259
median, park or other recreational area, fair, flea market, 260
outdoor market, commercial or retail parking lot, or similar 261
transient or outdoor location, regardless of whether the 262
transfer is otherwise authorized by any other individual. 263
However, this section does not apply to a transfer by: 264
(1) Any person that can provide, upon request, whether in 265
paper, electronic, or other form, a valid license issued by the 266
department to sell dogs. 267
(2) Any paid entrant, as part of a fair or an exhibition, 268
who possesses a dog breeder registration or is a retail 269
establishment with the appropriate registration to sell dogs. 270
Section 9. Section 585.717, Florida Statutes, is created 271
to read: 272
585.717 Enforcement; fines. — 273
(1) If the department determines that a dog breeder or dog 274
breeding facility is operating in violation of this part, the 275
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department may revoke or suspend the dog breeder certificate of 276
registration or the dog breeding facility certificate of 277
inspection. 278
(2) The department may confiscate all o r a portion of the 279
dogs in the dog breeding facility pending the outcome of any 280
hearings or appeals. The dog breeder is responsible for payment 281
of all boarding costs and other fees as may be required to 282
humanely and safely house the dogs pending any hearin g or 283
appeal. 284
(3) Any administrative order made and entered by the 285
department imposing a fine pursuant to this part must specify 286
the amount of the fine and the time limit for payment, which may 287
not exceed 15 days. Upon failure to pay the fine within the t ime 288
limit, the dog breeder certificate of registration or the dog 289
breeding facility certificate of inspection may be suspended or 290
revoked without further hearing. An additional fine of $100 per 291
day may be imposed until the dog breeder or the dog breeding 292
facility complies with the order. 293
(4) If a dog breeding facility certificate of registration 294
is revoked, the facility and its registered owners and officers 295
are prohibited from breeding dogs in this state and may be 296
subject to the following criminal penalties: 297
(a) For a first offense, a misdemeanor of the first 298
degree, punishable as provided in s. 775.082 or s. 775.083; and 299
(b) For a second or subsequent offense, a felony of the 300
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third degree, punishable as provided in s. 775.082, s. 775.083, 301
or s. 775.084. 302
(5) Any law enforcement agency, including any local animal 303
control department, may enter into an agreement with the 304
department to obtain reimbursement for its costs to enforce this 305
part. 306
Section 10. Subsection (1) of section 585.007, Florid a 307
Statutes, is amended to read: 308
585.007 Violation of rules; violation of chapter. — 309
(1) Unless otherwise provided by law, a person who 310
violates this chapter or any rule of the department is shall be 311
subject to the imposition of an administrative fine in the Class 312
III category pursuant to s. 570.971 for each offense. Upon 313
repeated violation, the department may seek enforcement pursuant 314
to s. 120.69. 315
Section 11. This act shall take effect July 1, 2025. 316