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 994
INTRODUCER: Regulated Industries Committee and Senator Diaz and others
SUBJECT: Pet Protection
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 - Substantial Changes
I. Summary:
CS/SB 994 creates the “Florida Pet Protection Act”) (act) to require the licensing of retail pet
stores in Florida that display, sell, offer to sell, deliver, auction, broker, give away, or transfer
certain household pets (i.e., domestic dogs or domestic cats). Under the bill, a valid retail pet
store license issued by the Department of Business and Professional Regulation (DBPR) is
required to operate a retail pet store that sells certain household pets (retail pet store). A retail pet
store must be annually inspected by the DBPR.
The bill requires that, as to certain household pets, a retail pet store must:
 Acquire the pets only from certain sources, as defined in the bill; and
 Not sell a pet:
o Younger than eight weeks old;
o Without an identification microchip;
o Without a valid veterinary certification as specified in the bill;
o To a person younger than 18 years old;
o That is acquired from a qualified breeder or pet broker, unless the retail pet store provides
to the buyer of the pet, before completing the transaction, a written certification of
information specified in the bill, including identifying information for the pet and the
breeder who bred the pet.
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The bill requires a retail pet store to provide all of the following for household pets at the store:
 Specified flooring in animal enclosures;
 Daily cleaning of animal enclosures, as necessary to prevent bodily waste accumulation;
 An isolation enclosure for animals under veterinarian-directed isolation;
 Climate control to maintain enclosure temperatures between 67 and 78 degrees at all times;
 Veterinary visits to the pet store at least twice weekly;
 A daily enrichment program for puppies of exercise and socialization; and
 A photograph or digital image and video footage depicting each breeding facility from which
the pet store acquires household pets.
Administrative, civil, and criminal penalties are set forth in the bill. If a person is convicted of
engaging in unlawful practices in the sale of household pets or the operation of a retail pet store,
the person may be punished by up to 60 days in jail or a fine up to $500.
The bill provides that the act preempts county and municipal ordinances and regulations that
prohibit or regulate the breeding, purchase, or sale of hunting dogs, field trial dogs, sporting
dogs, conformation dogs, cattle dogs, police dogs, or service dogs as defined under the
Americans with Disabilities Act.
Under the bill, a county or municipality may adopt an ordinance or a regulation on or after July
1, 2022, which regulates, but does not prohibit, the operation of retail pet stores or the breeding,
purchase, or sale of household pets, provided the ordinances or regulations are consistent and not
in conflict with the requirements imposed by the act.
The following are not expressly preempted under the bill:
 Any county or municipal ordinance or regulation in effect on or before June 1, 2021, which
prohibits the operation of retail pet stores within its jurisdiction.
 Any county or municipal ordinance or regulation adopted before July 1, 2022, which imposes
a moratorium on the establishment of new retail pet stores, or that otherwise regulates such
stores within its jurisdiction.
 The authority of a local government to levy a local business tax.
The bill requires certain public data about animals in shelters or in the possession of other
entities currently required to be reported to the Department of Agriculture and Consumer
Services (DACS) to be made available by DACS on a monthly basis, in a searchable format, on
its website.
The bill is estimated to have an impact on state government. See Section V, Fiscal Impact
Statement.
The bill is effective July 1, 2022.
II. Present Situation:
The regulation in Florida law of retail pet stores and the sale of dogs and cats is limited, and no
state license is required under current law to engage in such activities.
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Section s. 823.15, F.S., provides requirements for the handling of dogs and cats taken in by a
public or private animal shelter, humane organization, or animal control agency operated by a
humane organization or by a county, municipality, or other incorporated political subdivision
(shelter). A shelter must maintain certain records about the animals it takes in and make the
records available for public inspection and dissemination.1
All dogs and cats sold or released for adoption from a shelter must be sterilized, by either:
 Providing sterilization by a licensed veterinarian before relinquishing custody of the animal;
or
 Entering into a written agreement with the adopter or purchaser guaranteeing that
sterilization will be performed within 30 days or prior to sexual maturity.2
As to pet shops, current state law mandates the procedure for the euthanasia of warm-blooded
animals, except those held as food for another animal, offered for sale, or obtained for sale by a
pet shop.3
Local Ordinance Regulation
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,4 including requiring an adoption-based business model for the operation of new pet
shops,5 and adopted Ordinance 20-4 at its regular meeting on March 4, 2020.6 The commission’s
staff notes the following circumstances occurring in that county: 7
On May 26, 2017, the Board of County Commissioners (BOCC) enacted
the Pet Retail Sales Ordinance. Hillsborough County is one of over 200
1
See s. 823.15(2)(a), F.S.; data for species other than domestic cats and domestic dogs is to be separately recorded.
2
See s. 828.15(3), F.S.; the shelter must require a sufficient deposit from the adopter or purchaser, refundable upon
presentation to the shelter of written evidence of sterilization by the veterinarian performing procedure.
3
Section 828.065, F.S.
4
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. 7, 2022).
5
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
(last visited Jan. 7, 2022).
6
See Anastasia Dawson, Commissioners look to snuff out animal breeders, sales within Hillsborough County, at
https://www.tampabay.com/news/hillsborough/2020/01/23/commissioners-look-to-snuff-out-animal-breeders-sales-within-
hillsborough-county/ (last visited Jan. 7, 2022).
7
A copy of Ordinance 20-4 is on file with the Senate Committee on Regulated Industries. See also the county’s Agenda Item
Cover Sheet and Staff Report Outlining Recommendations, at
https://eagenda.hillsboroughcounty.org/portal/PTL29560/search?D=01/23/2020&T=Regular%20BOCC%20Meeting&Y=Ba
BILL: CS/SB 994 Page 4
jurisdictions that have enacted similar ordinances in the U.S. and Canada,
with nearly 70 ordinances existing in Florida. The Ordinance regulates the
sale of dogs and cats by pet retail businesses that existed in Hillsborough
County at the time the Ordinance became effective. The Ordinance also
requires new pet retail businesses to sell only dogs or cats obtained from
an animal shelter or rescue organization and prohibits retail sale of these
animals in public places, like flea markets, and yard sales.
On September 23, 2019, Hillsborough County Pet Resources was awarded
custody of more than 300 dogs living in deplorable conditions at an animal
breeding and retail business in Tampa. In view of this event, on October 2,
2019, the BOCC directed the County Attorney's Office, with the
assistance of County Administration, to bring back recommendations to
strengthen the Pet Retail Sales Ordinance, including addressing
commercial dog breeding facilities at the November 6, 2019 BOCC
meeting. After meeting with individual Commissioners, Pet Resources,
County Administration, and other interested persons, including Pet Retail
business owners and representatives from various breeding associations,
the matter was postponed to December 4, 2019 to further explore new
ideas that developed.
Staff's recommendations include addressing pet retail sales and proposed
breeder regulations separately; eliminating grandfather privilege for
existing pet retail shops in the County within an approximate two year
period; including additional interim restrictions and penalties for existing
pet shops; redefining the term breeder and defining the term hobby
breeder; banning all unregulated breeding activities; establishing
permitting/licensing and zoning requirements for hobby breeders and
eliminating the County's current permitting process; and setting forth
breeder care/treatment regulations, enforcement, and penalties.
According to the Humane Society of the United States, in 2021 there were a total of 83
municipalities and counties in Florida with ordinances banning the retail sales of dogs and cats,8
and 409 such ordinances nationwide.9
Action by Office of the Florida Attorney General
Florida Attorney General Ashley Moody filed a complaint for restitution, civil penalties and
other relief under the Florida Deceptive and Unfair Trade Practices Act, ch. 501, part II, F.S.,
ckup&o=B-4.pdf (last visited Jan. 7, 2022). See also Anastasia Dawson, Commissioners look to snuff out animal breeders,
sales within Hillsborough County, at https://www.tampabay.com/news/hillsborough/2020/01/23/commissioners-look-to-
snuff-out-animal-breeders-sales-within-hillsborough-county/ (last visited Jan. 7, 2022).
8
FL Localities Banning Retail Pet Store Puppy Sales, Humane Society of the United States, at
https://docs.google.com/spreadsheets/d/1ST__hm2bc5_CRCcOgNxjHuPs7dHoBRbPBIiSfc3y4pw/edit#gid=1855228915
(last visited Jan. 7, 2022).
9
[US] Localities Banning Retail Pet Store Puppy Sales, Humane Society of the United States, at
https://docs.google.com/spreadsheets/d/1ST__hm2bc5_CRCcOgNxjHuPs7dHoBRbPBIiSfc3y4pw/edit#gid=0 (last visited
Jan. 7, 2022).
BILL: CS/SB 994 Page 5
against a retail pet store and its owners in Orlando.10 The complaint alleges that the store and its
owners misrepresented information on the store website and used in-store sales people to
represent that the puppies the store sold were high quality, healthy, bred by licensed breeders,
registered with the American Kennel Club, and warranted against illness, health disorders, and
death after purchase. Instead of bringing healthy puppies home, the customers of the store
discovered that the puppies were seriously ill, had health disorders, and some died within a year
of purchase. The Attorney General requested the court to rescind the contracts, refund purchase
payments and assess civil penalties in the amount of $10,000 and up to $15,000 per transaction.
Discovery in the case is ongoing.11
United States Department of Agriculture Breeder Inspections
The Animal Care program under the Animal and Plant Health Inspection Service within the
United States Department of Agriculture (USDA) licenses breeders under the federal Animal
Welfare Act.12 Licensed USDA facilities are subject to prelicensure and other inspections
undertaken pursuant to the USDA’s Animal Welfare Inspection Guide.13
III. Effect of Proposed Changes:
Statutory Framework and Definitions
Section 1 of the bill provides direction to the Division of Law Revision to create part XVII of
ch. 468, F.S., consisting of ss. 468.901 through 468.9921, F.S., with the title “Retail Pet Stores.”
Section 2 of the bill creates s. 468.901, F.S., which provides part VII of ch. 468, F.S., may be
cited as the “Florida Pet Protection Act” (act). Under the bill, the term “household pet” means a
domestic dog or a domestic cat (regardless of age, thus puppies and kittens are deemed
household pets also). See Section 3 for other definitions applicable to the act.
Section 3 of the bill creates s. 468.903, F.S., to define the following terms used in the act.
 “Animal rescue” means:
o A nonprofit organization exempt from federal income taxation under s. 501(c)(3) of the
Internal Revenue Code which:
1. Keeps, houses, and maintains household pets (defined as domestic dogs or
domestic cats); and
2. Is dedicated to the welfare, health, safety, and protection of such pets; or
o An organization that offers for adoption spayed or neutered household pets in exchange
for payment of reasonable adoption fees to cover the organization’s costs, including, but
not limited to, costs related to spaying or neutering.
 “Animal shelter” means a public facility, or a private facility operated by a nonprofit
organization that is exempt from federal income taxation under s. 501(c)(3) of the Internal
10
Office of the Attorney General, State of Florida, Dep’t of Legal Affairs v. Hoof’s Pets, Inc. et al. Case No. 2020-CA-
005262-0, Filing No. 107627968 (Fla. 9th Cir. Ct. May 18, 2020).
11
See the court docket for the case at https://myeclerk.myorangeclerk.com/Cases/search (last visited Jan. 7, 2022).
12
See 7 U.S.C. ss. 2131 et seq.
13
See the latest Guide revised November 2021, at https://www.aphis.usda.gov/animal_welfare/downloads/Animal-Care-
Inspection-Guide.pdf (last visited Jan. 7, 2022).
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Revenue Code, which keeps, houses, and maintains household pets, such as a county or
municipal animal control agency or pound, humane society, animal welfare society, society
for the prevention of cruelty to animals, or other nonprofit organization devoted to the
welfare, protection, and humane treatment of such pets.
 “Department” means the Department of Business and Professional Regulation (DBPR).
 “Household pet” means a domestic dog or a domestic cat.
 “Pet broker” means a person who buys, sells, or offers for sale household pets for resale to
other persons, or who sells or gives one or more such pets to a retail pet store, and who holds
a valid Class B animal dealer license issued by the USDA.14
 “Professional breeder” means a person required to be licensed as a Class A animal dealer by
the USDA.15
 “Retail pet store” means a retail store that sells or offers for sale household pets to the public.
The term does not