SB 186 — Lease of Dogs and Cats

Florida Senate - 2020 CS for SB 186 By Senator Taddeo 40-00356-20 2020186__ A bill to be entitled An act relating to contracts for the saleCommittee oron leaseJudiciary; of pets;

and Senator Taddeo 590-02760-20 2020186c1 A bill to be entitled An act relating to the lease of dogs and cats;

providingprohibiting legislativethe intent;transfer of possession of dogs and cats under specified circumstances;

definingprohibiting the termlease “pet”;of dogs and cats under certain circumstances;

declaring that certain contracts entered into on or after a specified date for the sale or lease of a pet are void and unenforceable as being against the public policy of this state;

providing an exception;

providing penalties;

129 Be It Enacted by the Legislature of the State of Florida:

1411 Section 1. Section 828.32, Florida Statutes, is created to read:

828.32 Contracts828.32 Lease forof thedogs sale or leasecats ofprohibited.— pets.—(1) A (1) Itperson ismay thenot intentdo ofany the Legislature to protect consumers in this state from deceptive and predatory financing arrangements and to protect pets from the harmful effects of such arrangements by making it a policy of the statefollowing: to prohibit the leasing of pets.

(2) As(a) Transfer possession of a dog or cat, if the dog or cat is used as collateral for the transfer agreement or is subject to repossession in thisany section,manner upon default of the term:agreement.

(a) “Pet”(b) Lease means a livingdog animalor thatcat, hasif beenthe acquiredlease terms provide for theor primaryoffer purposethe option of providingtransferring companionshipownership toof the owner,dog ratheror thancat forat athe businessend orof agriculturalthe purpose.lease period.

(b) “Pet(2) In dealer”addition hasto any other remedies provided by law, the sameconsumer meaningtaking aspossession of a dog or cat in s.a transfer prohibited by this section is the owner of the dog or cat and is entitled to the return of all amounts the consumer paid under such lease.

828.29(13).

(3) A contract entered into on or after July 1, 2020, to do any of the following is against the public policy of this state and is void and unenforceable:

(a) Transfer ownership of a pet, if the pet is used as collateral for the contract or is subject to repossession in any manner upon default of the contract.

Such prohibition does not apply to sales in which payments are made to repay an unsecured loan for the purchase of the animal.

(b) Lease a pet, if the contract provides for or offers the option of transferring ownership of the animal at the end of the lease term.

(4) In addition to any other remedies provided by law, the consumer taking possession of a pet transferred under a contract described in this section is the owner of the pet and is entitled to the return of all amounts the consumer paid under such contract.

(5) A person who offers a pet for lease or as collateral for a contract in violation of this section commits a noncriminal violation as defined in s.

775.08(3) and upon conviction shall be punished as provided in s.

775.082(5) by a civil fine of not more than $500 for a first violation and not more than $1,000 for a second or subsequent violation.