Broward County, Florida

Sec. 4-5. – Impoundment and confinement of dogs and cats.

(d) Dogs or cats impounded by the Division shall be released to their owners upon presentation of proof of ownership and, if proof of proper vaccination and licensing is not provided, after proper vaccination and licensing, and payment of impoundment fees and redemption charges established by resolution of the Commission. An owner’s agent may redeem a dog or cat upon presentation of the foregoing information as well as proof of agency.

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(2) Additional fees or redemption charges established by resolution of the Commission shall be assessed upon the release of the impounded dog or cat if the dog or cat is not either spayed or neutered or if, within a twelve (12) month period, an owner has redeemed more than (1) dog or cat or the same dog or cat on more than one (1) occasion.

Sec. 4-6.5. Breeder permits and requirements.

(a) No breeder shall cause or allow the breeding of a dog or cat, or offer a dog or cat for breeding or stud purposes, without first obtaining a breeder permit issued by the Division. The cost of the permit and other related fees shall be established by the Commission by resolution.

(b) A breeder permit is valid for a period of one (1) year from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration.

(c) No permit shall be issued or renewed hereunder to any applicant that has outstanding and unsatisfied civil penalties imposed due to violations of this chapter, except that the applicable portion of the civil penalty for a first-time violation of Section 4-6.5(a) may be applied by the violator toward the fees for obtaining the breeder permit, provided the violator submits a completed application and complies with all conditions for obtaining the breeder permit within fifteen (15) calendar days after the Division issues the violation notice.

(d) A breeder permit is not transferable, assignable, or refundable.

(e) Breeders shall comply with the following:

(1) Keep records, for the duration of the breeder permit and all permit renewals, of the birth of each litter of puppies or kittens, and make such records available for review by the Division upon request;

(2) For a period of at least three (3) years, keep veterinary records of rabies vaccinations, all other inoculations, and any medical condition(s) of each dog, cat, puppy, or kitten bred to be sold, given away, or otherwise conveyed;

(3) On a yearly basis, provide to the Division the name, address, and telephone number of the new owner of each dog, cat, puppy, or kitten sold, given away, or conveyed that remains within Broward County;

(4) Furnish to each new owner of a dog, cat, puppy, or kitten the breeder permit number, providing proof and assurance that the animal was legally bred, the microchip number of the animal, and a copy of the OCVI Health Certificate;

(5) Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation, or gift, with the exception of animals taken to an animal shelter;

(6) Not breed or offer for stud any animal that will result in more than a total of one (1) litter per adult animal per calendar year, provided, however, that stud services may be provided outside of Broward County more than one (1) time per calendar year. Stud services means the act of mating a male dog or cat, either artificially or naturally, with a female dog or cat for compensation, monetary or otherwise, provided to the owner of the male dog or cat;

(7) Recommend to each new owner that any animal sold, transferred, or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of state and local requirements for rabies vaccinations and County registration;

(8) List the breeder permit number on all advertisements and literature concerning the sale or gift of any dog, cat, puppy, or kitten of the breeder;

(9) Adhere to minimum standards regarding the care and manner of keeping of animals, as provided in Section 4-6 of this article;

(10) Provide a valid, current OCVI Health Certificate for inspection, with all dogs and cats offered for sale, exchange, or other conveyance, at the time they are conveyed;

(11) Provide a medical history of the sire and dam as well as, when possible, a medical family history of the sire and dam;

(12) Present a copy of a valid, current OCVI Health Certificate to any animal care specialist upon demand for review, provided, however, that animal shelters and rescue groups offering animals for adoption are exempt from this requirement; and

(13) Allow an animal care specialist to view each animal that is the subject of a breeder permit and to inspect the premises unannounced and unscheduled where the animal is maintained. Such inspection will be limited to that necessary to ascertain compliance with Section 4-6. If a breeder refuses to allow the animal care specialist to perform such inspection, the Division may apply for a warrant pursuant to applicable provisions of Chapter 933, Florida Statutes.

(f) Obtaining a breeder permit.

(1) A person seeking a breeder permit shall apply to the Division on a form approved by the Division.

(2) The permit application shall include, but not be limited to, the following information:

a. The name, address, and telephone number of the applicant;

b. A statement as to whether the applicant has ever been found to have violated the prohibitions against cruelty to animals in this article, or has been convicted of the offense of cruelty to animals, under State law, or has been the subject of a final judgment entered under Section 828.073, Florida Statutes, or any other Florida statute prohibiting animal neglect or mistreatment;

c. A description (species, breed, sex, age, coloration) of each animal to be bred or used for stud under the permit;

d. A description of the activity for which the permit is requested; and

e. Verifiable proof that all required animals are current on rabies vaccination and registration.

(3) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued to the applicant based on false or withheld information shall be revoked.

(4) No person previously found by a Hearing Officer to be in violation of the cruelty section of this chapter, or convicted of cruelty to animals pursuant to Section 828.073, Florida Statutes, or who has been the subject of a final judgment pursuant to Section 828.073, Florida Statutes, or any other Florida statute prohibiting animal neglect or mistreatment, shall be issued a breeder permit.

(g) Permit procedures.

(1) The permit applicant shall provide a completed application to the Division, supply all information requested by the Division, and pay the applicable permit fee.

(2) Permit applications shall remain open for thirty (30) days from the date of submittal to the Division in order for applicants to make corrections and to meet minimum requirements.

(h) Exemption for veterinarians, animal hospitals. Licensed veterinarians and licensed animal hospitals providing animal reproduction and related veterinary services in the course of their business shall be exempt from this ordinance.

(i) Violations.

(1) Failure by a breeder to obtain a permit prior to using or offering to use an animal for breeding or stud shall constitute a violation.

(2) Reapplication by a breeder for a permit less than thirty (30) days before the expiration of the existing permit shall constitute a violation.

(3) Refusal by a breeder to allow an animal care specialist to inspect an animal or the premises as provided in this article shall constitute a violation.

(4) Counterfeiting a breeder permit or OCVI Health Certificate or maliciously destroying a breeder permit shall constitute a violation.

(j) Permit denial, revocation, and suspension.

(1) The Division may deny, revoke, or suspend any permit if it is determined that:

a. There has been a material misstatement or misrepresentation in the permit application;

b. The applicant or permit holder has pled guilty or no contest to, or has been found by a Hearing Officer to have violated, any three (3) provisions of this chapter within the preceding twenty-four (24) month period;

c. The applicant or permit holder has failed to pay a fine or to request a hearing as provided in this article within thirty (30) days after issuance of a violation;

d. The applicant or permit holder has been found by a Hearing Officer to be in violation of the cruelty section of this chapter, or convicted of a violation of law involving cruelty to animals, or has been subject to a final judgment pursuant to Section 828.073, Florida Statutes;

e. An animal under the care and responsibility of an applicant or permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain, or death, and the applicant or permit holder did not address the medical need in a timely manner; or

f. A breeder has exceeded the maximum number of litters permitted per calendar year.

(2) No permit fee shall be refunded for a permit that is revoked or suspended.

(3) If a permit is denied or the Division intends to revoke or suspend an existing breeder permit, the Division shall provide written notification of the denial or intended revocation or suspension to the applicant or permit holder, in writing, and in accordance with the notice provisions of Section 162.12, Florida Statutes. The denial or notice of intent to revoke or suspend a breeder permit shall state the following:

YOU HAVE TWENTY (20) DAYS FROM THE DATE OF THIS NOTIFICATION TO APPEAL THE ACTION, IN WRITING, BEFORE A BROWARD COUNTY HEARING OFFICER. IF NO WRITTEN NOTICE OF APPEAL IS RECEIVED BY THE DIRECTOR OF THE ANIMAL CARE AND ADOPTION DIVISION WITHIN TWENTY (20) DAYS AFTER THE DATE OF THIS NOTIFICATION, YOUR BREEDER PERMIT APPLICATION OR BREEDER PERMIT WILL STAND DENIED OR BE REVOKED/SUSPENDED, AS APPLICABLE.

(4) Appeal process.

a. Any permit applicant or holder who has been denied a permit or who has received notice of an intent to revoke or suspend a breeder permit may appeal this action to a Hearing Officer pursuant to Section 4-12.5, within twenty (20) days after the date of the notice from the Division to the permit applicant or holder. To be timely, a written notice of appeal must be filed with the Division within twenty (20) days after the notification of the denial or intent to revoke or suspend the permit.

b. Unless otherwise provided herein, the hearing before the Hearing Officer shall be governed by Section 4-12.5, “Hearings.”

c. The denial, revocation or suspension of the permit shall be upheld or reversed by the Hearing Officer.

d. All final decisions to uphold or reverse shall be reviewable in accordance with applicable court rules.

(5) Owner requirements following notice of adverse action or appeal process.

a. If the notice of adverse action of denial or revocation of a breeder permit is not appealed, the permit applicant or holder shall not operate or shall cease to operate as a breeder. If the notice of adverse action of suspension of a breeder permit is not appealed, the permit applicant or holder shall not operate or shall cease to operate as a breeder pending the Division’s determination of compliance.

b. Any person whose permit has been revoked may not reapply for a period of one (1) year after the revocation of the permit. Each reapplication for a permit shall be accompanied by a fee to be established by the Commission by resolution.

(k) Violations of this article are subject to a fine as established by the Commission by resolution. Each violation of this article shall be considered a separate infraction of this article.

(l) All fees and fines associated with this section shall be utilized for spay and neuter programs, subject to the exception stated in Section 4-6.5(c).