Inquiry on Retail Sales Law

I really was not sure what to make of this today when i recieved it.

Page 2: Paragraph 6 Looking for some insight as to what this means. Will it mean we must accept all returns? Also how will this effect the TOS for persons/ business's?

As well as Page 2: Paragraph 4 from the wording this looks to not only be in the works in Florida but throughout the United States.

It doesnt look like a retail store would be required to accept a returned animal. Looks more like they are just being encouraged to do so.

EP Forehand

My take -

Returning the animal and recieving the original price or lesser value (cash or credit) does not constitute a sale, and therefore negates the requirement for a permit to sell exotic wildlife.

Nowhere does it say the retail store is required to accept the return. That would be crazy....

Yeah, the way it seems to read to me is that it's saying it's not illegal for you to accept a return. Don't know why they would have to put that in, maybe some stores were using "we can't take it back because it is an exotic" as a reason to not except returns. It doesn't seem to be saying a store has to lawfully accept a return.

Owners of exotic pets (any animal not native to Florida) may legally return their pets to the store where the purchase was made as long as the transaction is not for profit.

This one sentence has me concerned not in its text from a copy of Habitattitude but that the State would actually send out such a flyer. My concern is does the State of Florida plan to implement a new law? In this case all they would need to do is make an amendment to the current statutes under the license to sell wildlife and require that all retailers must accept any and all returns of exotic wildlife.

They have precedence to do it with the list of growing invasive to the state. I agree something needs to be done to prevent it. I am however concerned though about this group and what legislation they may have in mind. My concern is what exactly are they after? Is there possibly a restriction in possession of exotics in the works or ban?

Sorry if it seams like I am reading more in to this but I as well as many others have seen to many special interest activist groups try and ban things to many times. Along with the recent New York law being passed it does weigh on my mind.

Owners of exotic pets (any animal not native to Florida) may legally return their pets to the store where the purchase was made as long as the transaction is not for profit.

All they are doing is clarifying the law concerning the need for a permit to sell your animals in Florida. I usually err on the side of caution when it comes to slipperly slopes and government invasions into private enterprise but I think your reading more than what the language in the memo states. I'm sure there was a defendant who dumped their pet and got caught that stated they couldn't give it back to the pet store because of the permit laws.

I hope so. Just with recent news and laws in our hobby it does raise a few flags. I do not see though one person or even a few people saying it that the state would react in such a way. Even if they did based on a few people then why site this group?

I just do not want to see sneaky laws that regulate us out of a hobby done much like in NY. As I said I fully appreciate the invasive situation and have seen it first hand. I just have a tendancy to beleive that when the state starts sending out letters something more is normally to come. Perhaps in this case its a simple hint to petshops and retailers to help stop the problem before it actually requires harsh laws.

It is interesting however that Florida Fish and Game themsleves has released several invasive species in to the enviroment.

I got mine yesterday too. My take is that now the common "bubba" that buys snakes from a pet store, successfully breeds them, and then turns around and sells them is now breaking the law. For the honest person who wants to be legit they will buy the required permit thus creating revenue for FFWC.

As far as the retailer goes, he/she doesn't have to accept the animal but can at the original cost, no cost, or store credit and is completely up to the discretion of the retailer. Look at it from this standpoint.....

Joe buys a hatchling corn snake from you at $25 and comes back to you six months down the road after feeding it and raising it and tells you he can no longer care for it. Under this new Habiattitude you (the retailer) can if you choose pay the guy the $25, or just offer to take it back (and resale it for more $$), take it and give him store credit, or just tell him no thanks. If nothing else it's going to make pet stores ...etc..do a little better screening of who they sell animals to. I'm always a bit pissed off when I attend a reptile show and see a breeder selling a baby anaconda to a 13 year old...come on!

Off the box,
Russ