Florida's Pet Lemon Law

I've been told that Florida has one of the better Pet Lemon Laws in the U.S. True or not, everyone buying or selling animals in the state should know what the law is. I'll try to break it down in plain English. (You can follow the link to read the exact legalese verbiage.) Florida State Statute 828.29 states that: 

•  No one may transport into the state, or sell from within the state, any cat or dog less than 8 weeks old.

So, if someone is offering to sell you a 6 week old puppy – it’s illegal! Don’t take it.

• All animals sold must have a certificate of veterinary inspection signed a licensed veterinarian within 30 days of the sale. Among other things, the certificate verifies that all vaccines have been administered and the veterinarian warrants that to the best of his/her knowledge the animal has no sign of contagious or infectious diseases and has no evidence or internal or external parasites.
• Required vaccines and tests for dogs are: canine distemper, leptospirosis, bordetella, parainfluenza, hepatitis, canine parvovirus, rabies (if over 3 months), roundworms, and hookworms.
• Required vaccines and tests for cats are: panleukopenia, feline viral rhinotracheitis, calicivirus, rabies (if over 3 months), roundworms, and hookworms.

If someone is offering to sell you a puppy or kitten, ask for the health certificate. It’s required! If there isn't one, look elsewhere.

As soon as you get your new pet home, take it to the vet! Why? Because you have legal recourse should something go wrong.

• If within 14 days of the sale of the animal a licensed veterinarian of the buyer's choosing certifies that at the time of sale the animal (1) was unfit for purchase due to illness or disease, (2) had the presence of symptoms of a contagious or infectious disease, or (3) had the presence of internal or external parasites (excluding fleas & ticks)

OR

• If within 1 year following the sale of the animal the veterinarian certifies the animal (1) to be unfit due to a congenital or hereditary disorder that adversely affects the health of the animal, or (2) the breed, sex, or health of the animal is found to have been misrepresented to the consumer.

The buyer may:

• return the animal for a full refund of sales price (including sales tax) plus reimbursement for veterinary fees to examine and certify the cat or dog as unfit, and the cost of emergency services to relieve suffering. (The statue says reasonable costs, but doesn't specify what is reasonable.)  
• exchange the animal for a dog or cat of equal value. The consumer can also have certain veterinary costs reimbursed including examination and unfit certification fees as well as the cost of emergency services to relieve suffering (limited to a maximum equal to the cost of the cat or dog).
• Keep the animal and have vet costs reimbursed for treatment to attempt to cure the animal (up to the original purchase price of the animal).

A good breeder will have these provisions written into your contract. Mine did! If they're not in your contract, ask to have them added -- though you're protected under the law whether the provisions are in the contract or not. I'm not a fan of pet shops (so many just recycle puppy mill animals). However, if you're going to use a pet shop, make sure you know the law before you go. It'll protect you and your new puppy.

There are conditions and restrictions:

• Unless specified in local ordinance, the health certificate requirements don't apply to “free to a good home” animals, so caveat emptor!
• The buyer has 48 hours (excluding weekends and holidays) to get the animal examined by a veterinarian.
• An animal may not be declared unfit "on account of an injury sustained or illness contracted after the consumer takes possession of the animal." 
• If a veterinarian deems the animal unfit, the buyer must notify the seller within two days of the veterinary determination, and then written documentation stating the animal is unfit for sale must be provided to the seller within three business days.
• The seller can require the buyer to take the animal to a veterinarian of the seller's choice for a second opinion. (Seller pays for the examination.)
• The seller can specify in writing the presence of specific congenital or hereditary disorders. In that case the buyer has no right to a refund or exchange for those specific conditions.
• County and City operated animal control agencies, as well as registered nonprofit humane organizations, are exempt from these provisions.
• It's a great ordinance, but can be difficult to enforce. It's easier for the ACO to enforce when a municipal ordinance piggybacks the State ordinance, specifying "if [blank] occurs, then the penalties are . . ." (I'm learning this the hard way!)
• Unresolved disputes between buyers and sellers are settled in civil court (a.k.a. small claims court). Civil court is not criminal court -- and can be slow and frustrating. (I'm learning this the hard way too!)

So did you learn anything? Good! -- K



Thanks to the Questions on Dogs & Cats blog for the great picture!
The blog is also full of interesting info. Stop by and take a look!



Neuter or Not?

I'm conflicted. As an animal control officer I always preach spay/neuter. In the shelter we were sterilizing everything before it was adopted out -- often as early as 8 weeks -- because even with free spay/neuter vouchers owners were not returning to sterilize their animals. There are so many benefits to sterilizing pets, including:

• Reduction of pet overpopulation, and fewer homeless animals = less euthanasia
• Reduction/elimination of hormone driven behaviors (spraying, yowling, mounting, marking, roaming, fighting)
• Less aggression/no sexual frustration
• No testicles = no testicular cancer
• Reduced chance of developing prostate cancer 
• No uterus = no heat cycles or pyometra (a life-threatening infection of the uterus often requiring an emergency hysterectomy)
• Spaying before a female's first heat cycle virtually eliminates breast cancer  

These are several of the facts touted by the pro-neuter camp -- and I believe them! And there are other factors too. My experience is that the really bad bites are overwhelmingly from unneutered dogs. American Humane has statistics showing that approximately 92% of fatal dog attacks involved male dogs, 94% of which were not neutered. Also, most of the dead animals I find alongside the road are unneutered males -- probably out looking for love in all the wrong places. So where is the conflict?

I’ve found several articles about some of the adverse side effects of sterilizing an animal. I had read several years ago that early sterilization can affect bone growth and density. Many owners of working and agility dogs advise waiting until a dog reaches sexual maturity before spaying or neutering. For some larger breeds that can be as late as two years old. In another article I found, a veterinarian questioned whether early neutering actually reduces prostate cancer. And now I just received this article which poses that the age of neutering (or even neutering at all) may affect a dog's risk of developing certain cancers and joint disorders, specifically hip dysplasia. As a German shepherd dog owner, this article really concerns me.

I have sterilized all my dogs (cats too!) except for Jedi. The main reason is that he can't compete in the ring without his cojones. However, I have always thought that if I didn't succeed/like conformation (or his hips and elbows didn't pass OFA) I'd go ahead and have him neutered. Now I'm rethinking it. However, I won't stop promoting spay/neuter professionally. I think it's for the greater good of society. Does that make my a hypocrite? Any thoughts? -- K

King of Kongs

Every year the FACA Conference holds a silent auction to raise money for Small Shelter Grants. I always take my checkbook! This year there were half a dozen giant Kongs up for bid. Jedi has outgrown his puppy Kongs, though he never seemed overly enthusiastic about them. I wanted to try out a big one, but they're $15+ in the store. I didn't want to waste that much money on something he might not like. I bid on three separate Kongs thinking I might be able to score one under my $5 limit. Silly me, I got all three for $14! I brought them home and Jedi loves them, though they're not much smaller than his head. He likes to chew them and try to throw them. Sometimes I'll put stuff inside to keep him busy in his crate while I'm doing something else (like blogging). I've smeared low fat cream cheese inside and frozen them. I stuffed one with peanut butter, banana and puppy chow. He seamed to like that too -- until Roxy stole it! Anybody else use Kongs? Do you have any fun recipes? I'll share anything I come up with as well. -- K

True Confessions

I have a confession to make. Until recently, I absolutely HATED little dogs. Every little dog I had ever known yapped, nipped, jumped on and peed on everything (and everyone!) in sight. I saw no purpose in living with such unruly, neurotic little dogs. As an animal control officer I’ve learned something: It’s not the dog. Through my job I’ve met lots of little dogs. Many of them are the nasty little dogs of my childhood. However, some are really neat little pets. The difference: the actions of the owner. (I know, DUH!) This is what I’ve discovered:


Nasty little dogs:

• Are treated as accessories. Think Paris Hilton.
• Are often substitutes for friends, spouses or children. Poor things are never allowed to be dogs. (I know, people do this with big dogs too, though I don't see it as often. Trust me, a future rant is coming on this very subject!)
• Are usually carried. They have purses, backpacks and strollers to keep them from touching the ground.
• Are coddled -- often to their detriment. I've seen little dogs terrified of the entire world because their owners never let them "work through" something. These dogs were never socialized with strange people or situations. Not surprisingly, these dogs are often biters.
• Have “pee pee” pads in the house. Though male dogs mark anyway. eeewww. I even had one pee on my leg when I was talking to the owner about a barking complaint. Surprisingly, the owner did nothing about it!
• Have owners in denial. Jumping is considered “cute” (regardless of the feelings of the person being jumped upon); barking is ignored (the neighbors just have to suffer); growling is dismissed as “being protective” and bites are seldom reported. BTW, if large dogs do ANY of these behaviors Animal Control is called immediately.
• Have little or no obedience training. Example: I have one woman whose three Chihuahuas get out on a regular basis and run the neighborhood, chasing children and running into traffic. The woman will spend an hour trying to shoo them back into her yard because they don’t come when she calls – ever! And want to talk about denial? Her daughter was outraged that I wrote Mom a ticket because “It’s not like they’re pit bulls or anything.”
• Are often neurotic, much like the dog in this video. This won on America’s Funniest Home Video -- hear all the laughter? -- but in reality it's not funny. This is a scary, unstable dog.

• Have no doggie etiquette. I’ve handled countless big dog vs. little dog calls. Overwhelmingly, the little dog started it! Unfortunately, the little dogs always get the worst of it too.

Great little dogs:

• Are treated like dogs.
• Are socialized.
• Are housebroken.
• Are trained to sit, stay and be quiet on command.
• Are leashed trained and walked regularly.
• Can be excellent athletes. I was amazed by all the papillons I saw at an agility trial. And look at all the Jack Russell terriers participating in Flyball.
• Can be obedience champions. Likewise, I saw some excellent little dogs at the last obedience trial I went to.

Little dog owners, do us all a favor and PLEASE treat your dogs like dogs. To quote Cesar Milan: “Exercise, Discipline and Affection.”

 

Interesting note: Some of our older German Shepherd Dog Club members have switched to Pembroke Corgis, saying that those little dogs think and train like German shepherds. Who'd of thunk it? How about you? What are your experiences with little dogs? -- K

 



A purse to fit MY dogs!

See You Later, Alligator

There is no real reason for this post other than I really like this picture. See the pretty white teeth that Jedi won't show to anybody in the ring? Butthead.

 

I'm leaving for the conference in about 30 minutes. I'm soooo going to miss this face! Hubby says he's not looking forward to being alone with all the beasties. (I don't believe him!) I would take Jedi with me if I could. However, I don't think anyone would mistake him for a service dog!! "See" you all in a few days. -- K

P.S. The picture was taken in Hanna Park and yes, there are gators in the lakes. (Notice the leash? I'm holding it with one hand while taking the picture with the other. No gator's going to get my dog!)

FACA

GOOD NEWS: I’m attending the Florida Animal Control Association  (FACA) conference again this year! Animal Control Officers from all over the state get together to share ideas and learn new things. Some of this year’s topics include:

*  Florida’s Pet Lemon Law  *  Compassion Fatigue  *

*  Regulation of Pet Sales and Breeders  *  Hoarders  *

*  Capturing and Caring for Exotic Species  *

*  Promoting Pit Bulls  *  Making “No Kill” Work  *

Exciting, hunh? I can't wait. I learn something new every time I go.

BAD NEWS: I have to leave Jedi for three days. I’m sure Hubby and Sons will take good care of him while I'm away. Still, I’m going to miss my puppy. And I’m going to miss you too! My laptop has finally died so I won’t be able to post while I’m away (not that I'd have the time anyway). I hope to come back rejuvenated and full of information. I promise to share anything I find interesting. Catch you later. -- K

Conformation Woes

 

Who's your Daddy?

See the beautiful dog pictured right? That is Jedi's father, CHAMPION MAR HAVEN'S LAST COWBOY SONG. Unfortunately, his son looked nothing like that at conformation class last night. Jedi hid behind me and wanted absolutely nothing to do with the class. He was more interested in leaves that anything else. I know it was only our second class, but I found it very disheartening. Most troubling were:

• Jedi doesn't seem to be comfortable with strangers, especially the instructor. He didn't want her touching him and he didn't like having his mouth opened. This is sad because I spent so much time and energy socializing him from Day 1. I discovered the teeth issue at our last class. Because of that, Hubby and I randomly say "teeth!" in a happy, high pitched voice and open Jedi's mouth a dozen times a day. He hates it, but at least tolerates it at home. He wasn't cooperating at all with showing his teeth in the ring.
• Apparently my food-motivated pup has limits after all. His regular treats were not cutting it last night. I'm going to have to find something exceptionally yummy to use in the ring. Any ideas?
• Since the beginning we have taught Jedi that sitting is the polite way to get what he wants. Maybe we should have thought this through! Now I need to teach him NOT to sit in the ring, and that standing is what I want. I'm hoping he'll pick up that the change in collars means a change in procedure. Since standing is such and issue, I haven't even begun to introduce stacking. Ugh.

So I'm looking the calendar and feeling really anxious right now. The Greater Orange Park Dog Club Fun Match is in 24 days. That is our litmus test. If we don't totally bomb, we'll have four days to register for the dog show in April. Did I mention that this particular show is being sponsored by my Dog Club? I don't know if I find that comforting or not. Our Show Secretary sent me the premium list (application) last week -- "just in case" she said. So the big question: will we be ready? Truth is, we'll never be ready if I don't make an effort to practice. A LOT. Therefore, I'm going to cut this short and grab the leash. Wish me luck! -- K