Florida HB 1521: Facility Requirements Based on Sex

Status: Chapter No. 2023-106 (as of 2023-05-18)

State: Florida · Session: 2023 · Bill: HB 1521

Subjects: and solicitations

Sponsors: Plakon, Regulatory Reform & Economic Development Subcommittee, Bankson, Black, Buchanan, Gregory, Holcomb, Maggard, McClain, Roach, Roth, Trabulsy

Bill Text

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CODING: Words stricken are deletions; words underlined are additions.
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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 domestic animals; amending s. 2
828.12, F.S.; requiring the Department of Law 3
Enforcement to post on its website specified 4
information relating to each individual convicted of 5
specified animal cruelty offenses; requiring the clerk 6
of each court and county detention facility to provide 7
the Department of Law Enforcement with such 8
information; amending s. 828.29, F.S.; extending the 9
timeframe for which a consumer may pursue remedies for 10
the sale of an animal certifiably unfit for purchase; 11
revising such remedies; requiring that all financing 12
terms be disclosed to the consumer by the pet dealer 13
before the sale of the animal; deleting certain 14
provisions relating to a consumer's waiver 15
relinquishing his or her rights to return an animal; 16
requiring a pet dealer to provide copies of specified 17
medical records to a consumer; denying a consumer the 18
right to a refund or an exchange for a pet sale under 19
certain circumstances; extending the timeframe within 20
which a consumer must notify the pet dealer of a 21
veterinarian's determination that the animal is unfit; 22
authorizing the consumer to initiate an action in 23
certain courts for any contestation of veterinary 24
expenses or demands of the pet dealer for a refund or 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

exchange; providing for the award of punitive damages; 26
revising requirements for a required notice to a 27
consumer; revising the text of the required notice; 28
revising the definition of the term "pet dealer"; 29
requiring a pet dealer to retain a copy of a specified 30
notice for a specified period; providing that 31
violations constitute an unfair method of competition 32
or an unfair or deceptive act or practice in violation 33
of specified provisions and subject to penalties; 34
creating s. 828.291, F.S.; providing a legislative 35
purpose; providing construction; requiring the 36
Department of Business and Professional Regulation to 37
develop a list of best management practices for 38
adoption and implementation; specifying requirements 39
for such best management practices; requiring the 40
department to post guidance on its website related to 41
the selection of breeders and the purchase of an 42
animal; requiring the department to post information 43
on its website relating to animal cruelty; providing 44
requirements for such information; providing an 45
effective date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Subsection (7) of section 828.12, Florida 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

Statutes, is amended, and subsection (8) is added to that 51
section, to read: 52
828.12 Cruelty to animals.— 53
(7) By Beginning January 1, 2027 2026, the Department of 54
Law Enforcement shall post on its website, in a searchable 55
format prescribed by the department, the names and any aliases, 56
the date of birth, the race, the counties of conviction, the 57
charges, the case numbers, the dispositions, the description of 58
any identifying marks and tattoos, and a photograph taken at the 59
time of booking related to the animal cruelty offense of each 60
individual those individuals who has have been convicted of, or 61
who has have entered a plea of guilty or nolo contendere to, 62
regardless of adjudication, a violation of this section. 63
(8) Each clerk of court and county detention facility must 64
provide the Department of Law Enforcement with the information, 65
data, and images required in subsection (7). 66
Section 2. Subsections (5) through (8), (10), (12), (13), 67
and (17) of section 828.29, Florida Statutes, are amended, and 68
subsections (18) and (19) are added to that section, to read: 69
828.29 Dogs and cats transported or offered for sale; 70
health requirements; consumer guarantee; disclosures.— 71
(5) If, within 30 14 days after following the sale by a 72
pet dealer of an animal subject to this section, a licensed 73
veterinarian of the consumer's choosing certifies that, at the 74
time of the sale, the animal was unfit for purchase due to 75

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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

illness or disease, the presence of symptoms of a contagious or 76
infectious disease, or the presence of internal or external 77
parasites, excluding fleas and ticks; or if, within 1 year after 78
following the sale of an animal subject to this

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