Florida 2022 Regular Session

Florida House Bill H1075 Compare Versions

Only one version of the bill is available at this time.

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to tethering of domestic dogs and 2
16	16	cats; creating s. 828.132, F.S.; providing a short 3
17	17	title; defining the term "tether"; prohibiting certain 4
18	18	tethering of domestic dogs and cats; providing 5
19	19	applicability; providing penalties; providing for 6
20	20	enforcement; providing construction; providing an 7
21	21	effective date. 8
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23	23	Be It Enacted by the Legislature of the State of Florida: 10
24	24	11
25	25	Section 1. Section 828.13 2, Florida Statutes, is created 12
26	26	to read: 13
27	27	828.132 Tethering of domestic dogs and cats. — 14
28	28	(1) This section may be cited as the "Penny Bautista Act." 15
29	29	(2) As used in this section, the term "tether" means to 16
30	30	tie a domestic dog or domestic cat to a stationa ry or inanimate 17
31	31	object with a rope, chain, or other means to restrict, confine, 18
32	32	or restrain its movement. 19
33	33	(3)(a) A person may not tether a domestic dog or domestic 20
34	34	cat unless the person is physically present with and attending 21
35	35	to the dog or cat and the d og or cat remains visible to the 22
36	36	person at all times while tethered. 23
37	37	(b) A person may not tether a domestic dog or domestic cat 24
38	38	outdoors during severe weather, including, but not limited to, 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	extreme heat or cold, thunderstorms, lightning, tornadoes, 26
52	52	tropical storms, or hurricanes. 27
53	53	(4) Paragraph (3)(a) does not apply to tethering a 28
54	54	domestic dog or domestic cat in a manner that does not 29
55	55	jeopardize its health, safety, or well -being when: 30
56	56	(a) Attending, or participating in, a legal, organized 31
57	57	public event in which the dog or cat and the person are 32
58	58	permitted attendees or participants; 33
59	59	(b) Actively engaging in conduct that is directly related 34
60	60	to the business of shepherding or herding cattle or livestock or 35
61	61	related to the business of cultivating agricultura l products and 36
62	62	tethering is reasonably necessary for its safety; 37
63	63	(c) Being treated by a veterinarian or serviced by a 38
64	64	groomer; 39
65	65	(d) Being trained for or actively serving in a law 40
66	66	enforcement capacity; 41
67	67	(e) Being lawfully used to actively hunt a species of 42
68	68	wildlife in the state during the hunting season for that species 43
69	69	of wildlife; 44
70	70	(f) Being cared for as part of a rescue operation during a 45
71	71	natural or manmade disaster; 46
72	72	(g) Temporarily tethered by the staff of a public or 47
73	73	private animal shelter; a humane organization; an animal control 48
74	74	agency operated by a humane organization or a county ; a 49
75	75	municipality or other incorporated political subdivision; or a 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	licensed commercial boarding facility for a period of time no 51
89	89	longer than necessary to accomplish a task such as bathing, 52
90	90	medical care, or any other short -term valid purpose for its 53
91	91	safety or the safety of other animals or staff; or 54
92	92	(h) Tethered in accordance with the regulations of a 55
93	93	camping or recreational area. 56
94	94	(5) A person who tethers a domesti c dog or domestic cat in 57
95	95	violation of this section commits a noncriminal violation as 58
96	96	defined in s. 775.08(3) and is subject to the following 59
97	97	penalties: 60
98	98	(a) For a first offense, a written warning. 61
99	99	(b) For a second offense, a fine of $250. 62
100	100	(c) For a third or subsequent offense, a fine of $500. 63
101	101	(6) This section shall be enforced pursuant to s. 828.073. 64
102	102	(7) This section does not limit the authority of any local 65
103	103	government to adopt or enforce an ordinance that is more 66
104	104	restrictive or that imposes greater penalties than this section. 67
105	105	Section 2. This act shall take effect July 1, 2022. 68