The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: CS/SB 996
INTRODUCER: Regulated Industries Committee and Senator Diaz
SUBJECT: Fees/Pet Store License
DATE: January 12, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Kraemer Imhof RI Fav/CS
2. CA
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Technical Changes
I. Summary:
CS/SB 996 requires an initial or renewal application to the Department of Business and
Professional Regulation (DBPR) for a retail pet store license to be accompanied by a
nonrefundable license fee not to exceed $25 per licensed location. The bill is linked to
CS/SB 994, Pet Protection, by Senators Diaz and Powell, which is separately analyzed, and
regulates:
Retail pet stores that offer or sell domestic dogs or cats (pets) to the public; and
Animal rescue organizations and animal shelters.
See Section V, Fiscal Impact Statement.
The bill is linked to CS/SB 994 creating part XVII of ch. 468, F.S., relating to Retail Pet Stores,
which may be cited as the “Florida Pet Protection Act” (act). The act regulates retail pet stores
that sell or offer to sell domestic dogs or cats (pets) to the public, and animal rescue
organizations and animal shelters.
The bill is effective on the same date that CS/SB 994 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof and becomes a law.
BILL: CS/SB 996 Page 2
II. Present Situation:
The regulation in Florida law of retail pet stores and the sale of dogs and cats is limited, and no
state licensing is required under current law to engage in such activities.
A number of local governments in Florida have adopted ordinances to regulate the operations of
pet stores in their jurisdictions. The Hillsborough County Commission (commission) addressed
perceived abuses at pet stores in that jurisdiction by enacting retail sale regulations for pet
shops,1 including requiring an adoption-based business model for the operation of new pet
shops.2
III. Effect of Proposed Changes:
This bill is linked to CS/SB 994, Pet Protection, by Senators Diaz and Powell, which is
separately analyzed, and regulates:
Retail pet stores that offer or sell domestic dogs or cats (pets) to the public; and
Animal rescue organizations and animal shelters.
This bill amends new subsection (5) of s. 468.905, F.S., created in CS/SB 994, to require an
initial or renewal application to the DBPR for a retail pet store license for a pet store regulated
under CS/SB 994 to be accompanied by a nonrefundable license fee not to exceed $25 for each
licensed location.
CS/SB 996 is effective on the same date that CS/SB 994 or similar legislation takes effect, if
such legislation is adopted in the same legislative session or an extension thereof and becomes a
law.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
1
See the Hillsborough County Code of Ordinances, Part A, Ch. 6, Art. II, s. 6-20, for the definition of pet shop, detailing the
requirements for an “existing” pet shop entitled to grandfather privileges, at ARTICLE II. - ANIMAL CONTROL | Code of
Ordinances, Part A | Hillsborough County, FL | Municode Library, and s. 6-61, for the elimination of such grandfather
privilege in certain circumstances, at Sec. 6-61. - Elimination of grandfather privilege for existing pet shops and providing for
certain regulations. | Code of Ordinances, Part A | Hillsborough County, FL | Municode Library (last visited Jan. 3, 2022).
2
Id., see the Hillsborough County Code of Ordinances, Part A, s. 6-63, Adoption-based business model for retail sale of dogs
and cats and other requirements for new pet shops, at Sec. 6-63. - Adoption-based business model for retail sale of dogs and
cats and other requirements for new pet shops. | Code of Ordinances, Part A | Hillsborough County, FL | Municode Library.
BILL: CS/SB 996 Page 3
D. State Tax or Fee Increases:
Section 19, Art. VII of the State Constitution limits the authority of the legislature to
enact legislation that imposes or raises a state tax or fee by requiring such legislation to
be approved by a 2/3 vote of each chamber of the legislature. Such state tax or fee
imposed, authorized, or raised must be contained in a separate bill that contains no other
subject.
For purposes of this limitation the term “fee” is defined, in pertinent part, to mean any
charge or payment required by law, including any fee for service, fee or cost for licenses,
and charge for service.
This bill requires an initial or renewal application for a retail pet store license for a retail
pet store regulated under CS/SB 994 to be accompanied by a nonrefundable license fee
not to exceed $25 for each licensed location. The term “retail pet store” does not include
animal rescue organizations, animal shelters, or breeders selling to the public household
pets bred on the breeder’s premises.
Because the DBPR does not have authority to impose such licensing fees under current
law, the provisions of Section 19, Art. VII of the State Constitution appear to apply,
requiring this legislation to be approved by a 2/3 vote of each house of the legislature.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Under the bill, each licensed location of a retail pet store subject to the regulations set
forth in the bill must pay a nonrefundable initial or renewal application fee. Such fees
may not exceed $25 per licensed location.
C. Government Sector Impact:
According to the DBPR, the license fees may not be adequate to cover the cost of the
retail pet store licensing program. The DBPR notes:
Pursuant to the Whitepages.com, Florida has 3,055 retail pet
stores, of which the vast majority most likely sells only supplies
and not dogs and cats as referenced in the linked bill [SB 994]. A
projection of 500 licensed pet stores is used for the fiscal
projections in this analysis, utilizing the veterinarian licensing
BILL: CS/SB 996 Page 4
program to extrapolate projected expenses. Revenue would be 500
times $25 or $12,500. The department in the linked bill [SB 994] is
required to inspect the pet stores and one Environmental Health
Specialist FTE will be necessary for inspections. The cost for this
FTE is anticipated to be $86,721 ($59,862 recurring).3
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 468.905 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Regulated Industries on January 11, 2022:
The CS provides that pet store license fees be deposited into the Department of Business
Regulation’s Professional Regulation Trust Fund, and inserts the bill number for the
linked bill, CS/SB 994, Pet Protection, into the bill.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
3
See 2022 Agency Legislative Bill Analysis (Department of Business and Professional Regulation) for SB 996, Dec. 15, 2021
(on file with Senate Committee on Regulated Industries) at page 5.