FLORIDA REINTRODUCES PET
WARRANTY LAW LEGISLATION
** HEARING SET FOR APRIL 6TH **
The Issue.
Legislation amending the state’s pet warranty law has been introduced again in Florida. Senate
Bill 288 is a close replica of a 2007 bill (SB 1658), which never advanced beyond its original
committee. SB 288 does have one new provision requiring pet dealers to provide written notice
to consumers regarding genetic disorders. This bill is set to be heard before the Senate
Committee on Agriculture on April 6th.
The Impact.
Much like the 2007 version, SB 288 amends current Florida law by granting the Department of
Agriculture & Consumer Services (‘department’) the power to enforce the state’s pet warranty
law. It also authorizes the department to “request that the state attorney in any circuit or county
institute a civil or criminal action to enforce” these laws. It further provides that any officer or
other person charged with an enforcement duty under the law may be compelled by judicial
action to perform the duty. Existing law authorizes the state attorney to initiate action against
anyone violating the law, but does not allow the department to bring action on its own.
The bill requires the department to adopt rules for administering the law, and creates a new fulltime
position in the department to facilitate carrying out the act. Any person found in violation
of the law is subject to an administrative fine of up to $10,000 for each offense. (NOTE: the
penalty of a first degree misdemeanor for violation of this law has been removed.)
Finally, the measure mandates that 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, with the
following information:
“Dogs and cats are susceptible to more than 300 genetic disorders. Certain breeds may
be predisposed to certain health problems. Therefore, it is recommended you get a
scientific screening test for your dog or cat to help identify a number of genetic diseases.”
April 2, 2009
(FL SB 288)
2
The bill defines “pet dealer” as “any person, firm, partnership, corporation or other association that, in the
ordinary course of business, engages in the sale of 20 or more dogs or cats per year to the public”. This
definition includes breeders of animals who sell animals directly to the public.
Recommended Action.
Historically, PIJAC has opposed unwarranted expansion of warranty laws, but supports effective enforcement
of reasonable requirements. SB 288 has been set to be heard before the Senate Committee on Agriculture on
April 6, 2009, at 9:00 a.m., in Room 37 of the Senate Office Building.
Those concerned about the impact of this bill on their business are urged to contact members of the committee
prior to the hearing (see the committee contact list below) and to attend the hearing if possible to share your
views. You may wish to make the following points in your own words:
• Enforcement authority is properly placed with the state attorney and it should not be removed to an
administrative agency. In order to effectively enforce the law, the state attorney must retain that
discretion.
• Administrative fines of $10,000 for each offense are clearly excessive. Again, this consumer protection
law already provides for remedies, and allows for injunction authority in the state attorney. Additional
enforcement provisions are both unnecessary and inappropriate.
• Requiring pet dealers to provide a general disclaimer relative to genetic disorders in dogs and cats may
be appropriate, but the law should not mandate that dealers conduct additional veterinarian procedures
or testing on animals for warranty purposes.
If you have further questions concerning this bill please contact PIJAC’s Bambi Nicole Osborne by phone at
202-452-1525 or by email at bnosborne@pijac.org. Those who are not members of PIJAC and desire further
information about membership may phone Nancy Knutson at 1-800-553-PETS (7387) or visit the PIJAC
website at www.pijac.org.
State of Florida
Senate Committee on Agriculture
Knott Building, Room 335
404 S. Monroe Street
Tallahassee, FL 32399-1100
850/487-5133
SENATOR DISTRICT(S) TEL. # EMAIL
Charles S. Dean, Sr. (Ch)(R-3) Jefferson, Madison, Taylor, Lafayette, Suwanee, Baker, 850/487-5017 dean.charles.web@flsenate.gov
Columbia, Dixie, Levy, Citrus, Marion
Larcenia J. Bullard (V-Ch)(D-39) Henry, Monroe, Broward, Miami-Dade, Palm Beach 850/487-5127 bullard.larcenia.web@flsenate.gov
Dave Aronberg (D-27) Charlotte, Lee, Glades, Henry, Palm Beach 850/487-5356 aronberg.dave.web@flsenate.gov
Carey Baker (R-20) Lake, Sumter, Marion, Volusia, Seminole 850/487-5014 baker.carey.web@flsenate.gov
Durell Peaden (R-2) Holmes, Washington, Bay, Escambia, Santa Rosa, Walton 850/487-5000 peaden.durell.web@flsenate.gov |
