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(1)
(a) For each dog transported
into the state for sale, the tests, vaccines, and anthelmintics required
by this section must be administered by or under the direction of a veterinarian,
licensed by the state of origin and accredited by the United States Department
of Agriculture, who issues the official certificate of veterinary inspection.
The tests, vaccines, and anthelmintics must be administered no more than
30 days and no less than 14 days before the dog's entry into the state.
The official certificate of veterinary inspection certifying compliance
with this section must accompany each dog transported into the state for
sale.
(b) For each dog offered for sale within the state, the tests, vaccines,
and anthelmintics required by this section must be administered by or
under the direction of a veterinarian, licensed by the state and accredited
by the United States Department of Agriculture, who issues the official
certificate of veterinary inspection. The tests, vaccines, and anthelmintics
must be administered before the dog is offered for sale in the state,
unless the licensed, accredited veterinarian certifies on the official
certificate of veterinary inspection that to inoculate or deworm the dog
is not in the best medical interest of the dog, in which case the vaccine
or anthelmintic may not be administered to that particular dog. Each dog
must receive vaccines and anthelmintics against the following diseases
and internal parasites:
1. Canine distemper.
2. Leptospirosis.
3. Bordetella (by intranasal inoculation or by an alternative method of
administration if deemed necessary by the attending veterinarian and noted
on the health certificate, which must be administered in this state once
before sale).
4. Parainfluenza.
5. Hepatitis.
6. Canine parvo.
7. Rabies, provided the dog is over 3 months of age and the inoculation
is administered by a licensed veterinarian.
8. Roundworms.
9. Hookworms.
If the dog is under 4 months of age, the tests, vaccines, and anthelmintics
required by this section must be administered no more than 21 days before
sale within the state. If the dog is 4 months of age or older, the tests,
vaccines, and anthelmintics required by this section must be administered
at or after 3 months of age, but no more than 1 year before sale within
the state.
(2)
(a) For each cat transported into the state for sale, the tests, vaccines,
and anthelmintics required by this section must be administered by or under
the direction of a veterinarian, licensed by the state of origin and accredited
by the United States Department of Agriculture, who issues the official
certificate of veterinary inspection. The tests, vaccines, and anthelmintics
must be administered no more than 30 days and no less than 14 days before
the cat's entry into the state. The official certificate of veterinary inspection
certifying compliance with this section must accompany each cat transported
into the state for sale.
(b) For each cat offered for sale within the state, the tests, vaccines,
and anthelmintics required by this section must be administered by or
under the direction of a veterinarian, licensed by the state and accredited
by the United States Department of Agriculture, who issues the official
certificate of veterinary inspection. The tests, vaccines, and anthelmintics
must be administered before the cat is offered for sale in the state,
unless the licensed, accredited veterinarian certifies on the official
certificate of veterinary inspection that to inoculate or deworm the cat
is not in the best medical interest of the cat, in which case the vaccine
or anthelmintic may not be administered to that particular cat. Each cat
must receive vaccines and anthelmintics against the following diseases
and internal parasites:
1. Panleukopenia.
2. Feline viral rhinotracheitis.
3. Calici virus.
4. Rabies, if the cat is over 3 months of age and the inoculation is administered
by a licensed veterinarian.
5. Hookworms.
6. Roundworms.
If the cat is under 4 months of age, the tests, vaccines, and anthelmintics
required by this section must be administered no more than 21 days before
sale within the state. If the cat is 4 months of age or older, the tests,
vaccines, and anthelmintics required by this section must be administered
at or after 3 months of age, but no more than 1 year before sale within
the state.
(3)
(a) Each dog or cat subject to subsection (1) or subsection (2) must
be accompanied by a current official certificate of veterinary inspection
at all times while being offered for sale within the state. The examining
veterinarian must retain one copy of the official certificate of veterinary
inspection on file for at least 1 year after the date of examination.
At the time of sale of the animal, one copy of the official certificate
of veterinary inspection must be given to the buyer. The seller must retain
one copy of the official certificate of veterinary inspection on record
for at least 1 year after the date of sale.
(b) The term "official certificate of veterinary inspection"
means a legible certificate of veterinary inspection signed by the examining
veterinarian licensed by the state of origin and accredited by the United
States Department of Agriculture, that shows the age, sex, breed, color,
and health record of the dog or cat, the printed or typed names and addresses
of the person or business from whom the animal was obtained, the consignor
or seller, the consignee or purchaser, and the examining veterinarian,
and the veterinarian's license number. The official certificate of veterinary
inspection must list all vaccines and deworming medications administered
to the dog or cat, including the manufacturer, vaccine, type, lot number,
expiration date, and the dates of administration thereof, and must state
that the examining veterinarian warrants that, to the best of his or her
knowledge, the animal has no sign of contagious or infectious diseases
and has no evidence of internal or external parasites, including coccidiosis
and ear mites, but excluding fleas and ticks. The Department of Agriculture
and Consumer Services shall supply the official intrastate certificate
of veterinary inspection required by this section at cost.
(c) The examination of each dog and cat by a veterinarian must take place
no more than 30 days before the sale within the state. The examination
must include, but not be limited to, a fecal test to determine if the
dog or cat is free of internal parasites, including hookworms, roundworms,
tapeworms, and whipworms. If the examination warrants, the dog or cat
must be treated with a specific anthelmintic. In the absence of a definitive
parasitic diagnosis, each dog or cat must be given a broad spectrum anthelmintic.
Each dog over 6 months of age must also be tested for heartworms. Each
cat must also be tested for feline leukemia before being offered for sale
in the state. All of these tests must be performed by or under the supervision
of a licensed veterinarian, and the results of the tests must be listed
on the official certificate of veterinary inspection.
(d) All dogs and cats offered for sale and copies of certificates held
by the seller and veterinarian are subject to inspection by any agent
of the Department of Agriculture and Consumer Services, any agent of the
United States Department of Agriculture, any law enforcement officer,
or any agent appointed under s. 828.03.
(4) A person may not transport into the state for sale or offer for sale
within the state any dog or cat that is less than 8 weeks of age.
(5) If, within 14 days following the sale by a pet dealer of an animal
subject to this section, a licensed veterinarian of the consumer's choosing
certifies that, at the time of the sale, the animal was unfit for purchase
due to illness or disease, the presence of symptoms of a contagious or
infectious disease, or the presence of internal or external parasites,
excluding fleas and ticks; or if, within 1 year following the sale of
an animal subject to this section, a licensed veterinarian of the consumer's
choosing certifies such animal to be unfit for purchase due to a congenital
or hereditary disorder which adversely affects the health of the animal;
or if, within 1 year following the sale of an animal subject to this section,
the breed, sex, or health of such animal is found to have been misrepresented
to the consumer, the pet dealer shall afford the consumer the right to
choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase
price, including the sales tax, and reimbursement for reasonable veterinary
costs directly related to the veterinarian's examination and certification
that the dog or cat is unfit for purchase pursuant to this section and
directly related to necessary emergency services and treatment undertaken
to relieve suffering;
(b) The right to return the animal and receive an exchange dog or cat
of the consumer's choice of equivalent value, and reimbursement for reasonable
veterinary costs directly related to the veterinarian's examination and
certification that the dog or cat is unfit for purchase pursuant to this
section and directly related to necessary emergency services and treatment
undertaken to relieve suffering; or
(c) The right to retain the animal and receive reimbursement for reasonable
veterinary costs for necessary services and treatment related to the attempt
to cure or curing of the dog or cat.
Reimbursement for veterinary costs may not exceed the purchase price of
the animal. The cost of veterinary services is reasonable if comparable
to the cost of similar services rendered by other licensed veterinarians
in proximity to the treating veterinarian and the services rendered are
appropriate for the certification by the veterinarian.
(6) A consumer may sign a waiver relinquishing his or her right to return
the dog or cat for congenital or hereditary disorders. In the case of
such waiver, the consumer has 48 normal business hours, excluding weekends
and holidays, in which to have the animal examined by a licensed veterinarian
of the consumer's choosing. If the veterinarian certifies that, at the
time of sale, the dog or cat was unfit for purchase due to a congenital
or hereditary disorder, the pet dealer must afford the consumer the right
to choose one of the following options:
(a) The right to return the animal and receive a refund of the purchase
price, including sales tax, but excluding the veterinary costs related
to the certification that the dog or cat is unfit; or
(b) The right to return the animal and receive an exchange dog or cat
of the consumer's choice of equivalent value, but not a refund of the
veterinary costs related to the certification that the dog or cat is unfit.
(7) A pet dealer may specifically state at the time of sale, in writing
to the consumer, the presence of specific congenital or hereditary disorders,
in which case the consumer has no right to any refund or exchange for
those disorders.
(8) The refund or exchange required by subsection (5) or subsection (6)
shall be made by the pet dealer not later than 10 business days following
receipt of a signed veterinary certification as required in subsection
(5) or subsection (6). The consumer must notify the pet dealer within
2 business days after the veterinarian's determination that the animal
is unfit. The written certification of unfitness must be presented to
the pet dealer not later than 3 business days following receipt thereof
by the consumer.
(9) An animal may not be determined unfit for sale on account of an injury
sustained or illness contracted after the consumer takes possession of
the animal. A veterinary finding of intestinal or external parasites is
not grounds for declaring a dog or cat unfit for sale unless the animal
is clinically ill because of that condition.
(10) If a pet dealer wishes to contest a demand for veterinary expenses,
refund, or exchange made by a consumer under this section, the dealer
may require the consumer to produce the animal for examination by a licensed
veterinarian designated by the dealer. Upon such examination, if the consumer
and the dealer are unable to reach an agreement that constitutes one of
the options set forth in subsection (5) or subsection (6) within 10 business
days following receipt of the animal for such examination, the consumer
may initiate an action in a court of competent jurisdiction to recover
or obtain reimbursement of veterinary expenses, refund, or exchange.
(11) This section does not in any way limit the rights or remedies that
are otherwise available to a consumer under any other law.
(12) Every pet dealer who sells an animal to a consumer must provide the
consumer at the time of sale with a written notice, printed or typed,
which reads as follows:
It is the consumer's right, pursuant to section 828.29, Florida Statutes,
to receive a certificate of veterinary inspection with each dog or cat
purchased from a pet dealer. Such certificate shall list all vaccines
and deworming medications administered to the animal and shall state that
the animal has been examined by a Florida-licensed veterinarian who certifies
that, to the best of the veterinarian's knowledge, the animal was found
to have been healthy at the time of the veterinary examination. In the
event that the consumer purchases the animal and finds it to have been
unfit for purchase as provided in section 828.29(5), Florida Statutes,
the consumer must notify the pet dealer within 2 business days of the
veterinarian's determination that the animal was unfit. The consumer has
the right to retain, return, or exchange the animal and receive reimbursement
for certain related veterinary services rendered to the animal, subject
to the right of the dealer to have the animal examined by another veterinarian.
(13) For the purposes of subsections (5)-(12) and (16), the term "pet
dealer" means any person, firm, partnership, corporation, or other
association which, in the ordinary course of business, engages in the
sale of more than two litters, or 20 dogs or cats, per year, whichever
is greater, to the public. This definition includes breeders of animals
who sell such animals directly to a consumer.
(14) The state attorney may bring an action to enjoin any violator of
this section or s. 828.12 or s. 828.13 from being a pet dealer.
(15) County-operated or city-operated animal control agencies and registered
nonprofit humane organizations are exempt from this section.
(16) A pet dealer may not knowingly misrepresent the breed, sex, or health
of any dog or cat offered for sale within the state.
(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.
History.--s. 1, ch. 81-234; s. 1, ch. 90-154; s. 23, ch. 90-321; s. 9,
ch. 91-294; s. 8, ch. 93-13; s. 1290, ch. 97-102; s. 2, ch. 2002-51.
Note.--Former s. 585.195; s. 828.31; s. 585.95.
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