[doc30]

SENATE SUMMARY SB 470

Requires that any cat or dog offered for sale must be accompanied by an animal-purchase disclosure. Prohibits a pet dealer from possessing a dog or cat under a certain age. Prohibits a pet dealer from refusing to reimburse veterinary costs under certain conditions. Requires a pet dealer to provide veterinary care to an animal that is returned due to illness or disease. Provides that reimbursement of veterinary costs may not exceed a certain percentage of the purchase price. Deletes the provision that permits a purchaser to waive his or her right to return a dog or cat for congenital or hereditary disorders. Requires that the purchaser notify and present to the pet dealer a veterinarian's determination of the unfitness of an animal within 7 days after purchase. Requires the pet dealer to post a notice indicating where the dog or cat was bred or brokered. Provides that a waiver of any right of the purchase is void. Provides that a purchaser may initiate an action in court if a pet dealer fails to make a reimbursement, refund, or exchange as required. Requires that documents for registration with a pedigree registry organization be provided to the purchaser within a certain period if the animal is registered or capable of being registered. Provides for a refund to the purchaser if pedigree documents are not received within a certain period. Provides penalties for violations of the act. (See bill for details.)

SENATE SUMMARY SB 674

Prohibits a person from operating as a pet dealer unless the person holds a license issued by the Department of Agriculture and Consumer Services. Requires that a person file an application for a pet dealer's license on a form supplied by the department. Requires that the application fees collected by the department be deposited in the General Revenue Fund. Prohibits the department from issuing or renewing a license until the facility of the pet dealer is inspected. Prohibits the pet dealer from publishing or advertising the sale or availability of any animal unless the publication or advertisement is accompanied by the license number of the pet dealer. Requires each pet dealer to conspicuously display the license on the premises where the animals are kept for sale. Provides that the license of a pet dealer may be denied, suspended, or revoked under certain circumstances. Provides a civil penalty. Requires the department to inspect each facility of a pet dealer at least annually. Requires that each person conducting an inspection of a facility of a pet dealer or responding to a complaint concerning a pet dealer be specifically trained in the proper care of cats and dogs. Authorizes the department to delegate to a county or municipality authority to issue a license to a pet dealer, inspect facilities, and enforce the law. Requires that the delegation of authority be evidenced by a written agreement between the department and the county or municipality.

[doc30]

Ping - Have you eard about this? And what are your thoughts on it? I'm worried about the effect this will have on home rescue groups.

[darkwing104]

If it will stop puppy farms then I am all for it...

[beltfed308]

Of all things going on in the world and they are worried about pet stores and breeders?

Some politicians have their priorities really mixed up. To me any proposed law is allowing the camels nose under the tent of freedom.

Nuff said.

[Sofa King]

I say it's about time.

Far too many people have been killed because of the lack of regulations regarding dog breeding. It seems like every day I read a story about some poor sap who was killed in another dog sex accident, not to mention all of the defective dogs that were being produced. Too many injuries were being caused by improperly bred dogs failing at the wrong time.

[Fawn]

I approve this bill. For everyone home breeding more kittens and puppies for MONEY and GREED......15-20 of these poor souls are euthanized in the shelters. STOP BREEDING!!!!

[Ol' Dan Tucker]

Some have said that this will cripple the dog/cat breeders in FL and will include private, non-profit animal rescue groups as "pet dealers" and make them subject to licensing requirements.

Historically, the only people against licensing are the breeders themselves because it opens their dubious business practices to outside scrutiny/penalties.

I agree with others. It's about time these unscrupulous operators come under official scrutiny. There are far too many unwanted pets being killed because they keep breeding in spite of the undisputed fact that there are millions of their 'product' overcrowding animal shelters, rescues and pounds across the country.

[Centurion2000]

Requires that any cat or dog offered for sale must be accompanied by an animal-purchase disclosure. Prohibits a pet dealer from possessing a dog or cat under a certain age.

I'm glad that Florida's got all the problems solved with illegal immigration, crime, hurricanes and other stuff so they can focus ALL their attention on this mission critical piece of legislature.

[Brytani]

My take on this is that it applies only to Pet Dealers. Rescue groups are non-profit groups that ask for "donations" to offset their costs.

Not a lawyer, I just like to pretend I wasted 100k and 8 years of my life on FR...

[Calpernia]

PAWS/USDA Definition for Dealer
http://www.aphis.usda.gov/ac/cfr/9cfr3.html

9 CFR § 3.1 Housing facilities, general.

(b) . . .Housing facilities [for dogs and cats, ed.] . . . must be physically separated from any other business. If a housing facility is located on the same premises as another business, it must be physically separated from the other business so that animals the size of dogs, skunks, and raccoons are prevented from entering it.


PAWS/USDA definition of retail pet store in 7 USC § 2132

Retail pet store means any outlet, including but not limited to residential dwellings where only the following animals are sold or offered for sale, at retail, for use as pets: Dogs, cats, rabbits, guinea pigs, hamsters, gerbils, rats, mice, gophers, chinchilla, domestic ferrets, domestic farm animals, birds, and coldblooded species. Such definition excludes- (Emphasis added).

(1) Establishments or persons exhibiting, selling, or offering to exhibit or sell any wild or exotic or other nonpet species of warmblooded animals (except birds), such as skunks, raccoons, nonhuman primates, squirrels, ocelots, foxes, coyotes, etc.;

(2) Any establishment or person selling warmblooded animals (except birds, and laboratory rats and mice) for research or exhibition purposes; and

(3) Any establishment wholesaling any animals (except birds, rats and mice).

(4) Any establishment exhibiting pet animals in a room that is separate from or adjacent to the retail pet store, or in an outside area, or anywhere off the retail pet store premises.

---

>>>>Prohibits a person from operating as a pet dealer unless the person holds a license issued by the Department of Agriculture and Consumer Services.<<<<

To be exempt under PAWS, a hobby breeder must not, within a calendar year, derive more than $500 gross income from the sale of "other" animals. See 26 USC § 1031(f)

If a person breeds dogs or cats as well as birds, and sells birds worth $501.00 during any calendar year, he is a dealer.

The AWA has been amended four times since 1966. PAWS erases the distinction between retail and wholesale. Wholesale, meaning sales from homes or homesteads.

[Darnright]

******PERMISSION TO CROSSPOST

---

Florida Senate Bill 470 (Purchase of Dogs & Cats) is also scheduled to be heard
in the Senate Agriculture Committee tomorrow, March 21st.

You can read the full text of this bill here:

http://tinyurl.com/c93ky

I have gone through the bill and copied the text of the changes below:

---

under the direction of a veterinarian" means that a licensed doctor of


veterinary medicine is on the premises at the time the tests, vaccines, and

anthelmintics required by this section are administered.


As used in this paragraph, the term "under the direction of a

veterinarian" means that a licensed doctor of veterinary medicine is on

the premises at the time the tests, vaccines, and anthelmintics required

by this section are administered.


(c) The term "animal-purchase disclosure" means a

legible certificate containing the following information:

1. For dogs:

a. The breeder's name and address, if known, or if not

known, the source of the dog. If the person from whom the dog

was obtained is a dealer licensed by the United States

Department of Agriculture, the person's name, address, and

federal dealer identification number

b. The date of the dog's birth and the date the dealer

received the dog. If the dog is from a source licensed by the

United States Department of Agriculture, the individual

identifying tag, tattoo, or collar number for that animal. If

the breed is unknown or mixed, the record shall so indicate.

c. If the dog is being sold as being capable of

registration, the names and registration numbers of the sire

and dam and the litter number, if known.

d. A record of any veterinarian treatment or

medication received by the dog while in the possession of the

pet dealer.

2. For cats:

a. The breeder's and broker's name and address, if

known, or if not known, the source of the cat. If the person

from whom the cat was obtained is a dealer licensed by the

United States Department of Agriculture, the person's name,

address, and federal dealer identification number.

b. The date of the cat's birth, unless unknown because

of the source of the cat and the date the dealer received the

cat.

c. A record of any known disease or sickness that the

cat is afflicted with at the time of sale. This information

shall be orally disclosed to the purchaser.

d. A record of any veterinarian treatment or

medication received by the cat while in the possession of the

pet dealer.

A pet dealer may not possess a dog or cat that is less than 8 weeks old if

the dealer is not the breeder of the animal.

(c) If a dog or cat is returned to a pet dealer due to

illness, disease, or a congenital or hereditary condition

requiring veterinary care, the pet dealer shall provide the

animal with proper veterinary care that may include humanely

euthanizing the animal.

(13) Each pet dealer shall post in a conspicuous

location on the cage of each dog or cat offered for sale a

notice indicating the state where the dog or cat was bred and

brokered.

(20)(a) A pet dealer may not state, promise, or

represent to the purchaser, directly or indirectly, that a dog

is registered, or capable of being registered, with an animal

pedigree registry organization unless the pet dealer provides

the purchaser with the documents necessary for that

registration within 120 days following the date of sale of the

dog.

(b) If a pet dealer fails to provide the documents

necessary for registration within 6 months following the date

of sale in violation of paragraph (a), the purchaser shall,

upon written notice to the pet dealer, be entitled to retain

the animal and receive a partial refund of 75 percent of the

purchase price of the animal, plus sales tax, or return the

animal along with all documentation previously provided the

purchaser for a full refund, including sales tax.

(21)(17) Except as otherwise provided in this chapter,

a person who violates any provision of this section commits a

misdemeanor of the first degree, punishable as provided in s.

775.082 or s. 775.083, and such person may also be assessed a

civil penalty of up to $1,000, and may be prohibited from

selling dogs or cats at retail in this state for up to 30

days. For a second violation, the pet dealer is subject to a

civil penalty of up to $2,500 and may be prohibited from

selling dogs or cats at retail in this state for up to 90

days. For a third violation, the pet dealer is subject to a

civil penalty of up to $5,000 and may be prohibited from

selling dogs or cats at retail in this state for up to 6

months. For a fourth or subsequent violation, the pet dealer

is subject to a civil penalty of up to $10,000 and may be

prohibited from selling dogs or cats at retail in this state

for up to 1 year. The state attorney may bring an action to

impose a civil penalty for a violation of this section and may

seek a court order enjoining the person from engaging in the

business of selling dogs or cats at retail in this state for

the period set forth in this subsection.

---

PHONE CALLS, EMAILS, AND OR FAXES ARE NEEDED TO ALL SENATE AGRICULTURE COMMITTEE
MEMBERS TODAY!!!! YOUR PHONE CALL CAN BE AS SIMPLE AS "I AM OPPOSED TO SB 470 -
PLEASE VOTE NO"!!!!

Senate Agriculture Committee
Phone: 850-487-5133
FAX: 850-487-5037

Mailing Address:
404 South Monroe Street
Tallahassee, FL 32399-1100


Rod Smith, Chairman
Phone #: 850-487-5020
Email: smith.rod.web@...

Larcenia Bullard, Vice-Chair
Phone #: 850-487-5127
Email: bullard.larcenia.web@...

Nancy Argenziano
Phone #: 850-487-5017
Email: argenziano.nancy.web@...

Mike S. "Mike" Bennett
Phone #: 850-487-5078
Email: bennett.mike.web@...

Mike Haridopolos
Phone #: 850-487-5056
Email: haridopolos.mike.web@...

Durrell Peaden, Jr.
Phone #: 850-689-0556 Ext. 201
Email: peaden.durell.web@...


TIME IS OF THE ESSENCE AS THIS BILL WILL BE VOTED ON TUESDAY, MARCH 21ST AT
2PM!!!!

Thanks for your help.

Pat Hawk
President
Florida Animal Owners Alliance, Inc.
www.flaoa.org

[kanawa]

Bump

[brytlea]

I just got word that SB 674 has been pulled for this session, altho it will be back next year.

susie