Legislation Details

File #: 17662   
Type: Agenda Item Status: Agenda Ready
File created: 6/17/2026 In control: Board of County Commissioners
On agenda: 7/28/2026 Final action:
Enactment date: Enactment #:
Title: Discussion Regarding Potential Ordinance to Regulate Unlicensed Dog Breeders a/k/a Hobby Breeders
Attachments: 1. Current Hernando Ordinance, 2. Chapter 2026-76, 3. Clay County Ordinance, 4. Jacksonville Ordinance, 5. Miami - Dade County Ordinances, 6. Indian River County Ordinance 2019-014, 7. Seminole County Ordinance
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Discussion Regarding Potential Ordinance to Regulate Unlicensed Dog Breeders a/k/a Hobby Breeders

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BRIEF OVERVIEW
On January 13, 2026, the Board, acting on Commissioner Steve Champion's request for a consensus, directed the County Attorney's Office to prepare a proposed ordinance by which the County would regulate "unlicensed dog breeders." Subsequently, a bill was introduced in the Legislature, S.B. 1004, that if enacted, would have dog breeders regulated by the state and preempted local governments from so doing. Staff waited to work on preparing a proposed ordinance while the Legislature considered S.B. 1004.

The Legislature eventually enacted a substantially amended version of S.B. 1004, which (1) did not provide for the regulation of dog breeders and (2) explicitly provided that local governments will not be preempted from doing so. On May 12, 2026, the Governor signed the C.S. for S.B. 1004 into law as Chapter 2026-76.

This agenda item asks the Board to determine whether: (1) it still wants to regulate dog breeders; (2) if so, does it want to also regulate all pet animal breeders; and, (3) the manner(s) in which it wants to regulate breeding activities (e.g., permitting, bans on the retail sale of "puppy mill" dogs, etc.).

I. Legal and Regulatory Background

A. The Animal Welfare Act's Regulation of Dog Breeders

Currently, the federal Animal Welfare Act ("AWA"), 7 U.S.C. ?? 2131-2158, and regulations promulgated thereunder, 9 CFR ? 1.1, et seq., together constitute the only regulatory scheme for animal breeding that is in effect in Florida statewide. They establish federal standards for the humane care and treatment of certain animals sold wholesale or through a broker, publicly exhibited, used in biomedical research, or transported commercially. The AWA regulates the activities of dog breeders, requiring them to obtain licenses from the U.S. Department of Agriculture ("USDA") and to comply with the standards of that the agency has a...

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