Florida Senate - 2019                                     SB 316
By Senator Taddeo
40-00202B-19                                           2019316__
1                        A bill to be entitled
2         An act relating to contracts for the sale or lease of
3         pets; creating s. 828.32, F.S.; providing legislative
4         intent; defining the term "pet"; declaring that
5         certain contracts entered into on or after a specified
6         date for the sale or lease of a pet are void and
7         unenforceable as being against the public policy of
8         this state; providing an exception; providing remedies
9         for noncompliance; providing penalties; providing an
10         effective date.
12  Be It Enacted by the Legislature of the State of Florida:
14         Section 1. Section 828.32, Florida Statutes, is created to
15  read:
16         828.32 Contracts for the sale or lease of pets.—
17         (1) It is the intent of the Legislature to protect
18  consumers in this state from deceptive and predatory financing
19  arrangements and to protect pets from the harmful effects of
20  such arrangements by making it a policy of the state to prohibit
21  the leasing of pets.
22         (2) As used in this section, the term:
23         (a) "Pet" means a living animal that has been acquired for
24  the primary purpose of providing companionship to the owner,
25  rather than for a business or agricultural purpose.
26         (b) "Pet dealer" has the same meaning as in s. 828.29(13).
27         (3) A contract entered into on or after July 1, 2019, to do
28  any of the following is against the public policy of this state
29  and is void and unenforceable:
30         (a) Transfer ownership of a pet, if the pet is used as
31  collateral for the contract or is subject to repossession in any
32  manner upon default of the contract. Such prohibition does not
33  apply to sales in which payments are made to repay an unsecured
34  loan for the purchase of the animal.
35         (b) Lease a pet, if the contract provides for or offers the
36  option of transferring ownership of the animal at the end of the
37  lease term.
38         (4) In addition to any other remedies provided by law, the
39  consumer taking possession of a pet transferred under a contract
40  described in this section is the owner of the pet and is
41  entitled to the return of all amounts the consumer paid under
42  such contract.
43         (5) A person who offers a pet for lease or as collateral
44  for a contract in violation of this section commits a
45  noncriminal violation as defined in s. 775.08(3) and upon
46  conviction shall be punished as provided in s. 775.082(5) by a
47  civil fine of not more than $500 for a first violation and not
48  more than $1,000 for a second or subsequent violation.
49         Section 2. This act shall take effect July 1, 2019.