HB 1075 2022 CODING: Words stricken are deletions; words underlined are additions. hb1075-00 Page 1 of 3 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 A bill to be entitled 1 An act relating to tethering of domestic dogs and 2 cats; creating s. 828.132, F.S.; providing a short 3 title; defining the term "tether"; prohibiting certain 4 tethering of domestic dogs and cats; providing 5 applicability; providing penalties; providing for 6 enforcement; providing construction; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Section 828.13 2, Florida Statutes, is created 12 to read: 13 828.132 Tethering of domestic dogs and cats. — 14 (1) This section may be cited as the "Penny Bautista Act." 15 (2) As used in this section, the term "tether" means to 16 tie a domestic dog or domestic cat to a stationa ry or inanimate 17 object with a rope, chain, or other means to restrict, confine, 18 or restrain its movement. 19 (3)(a) A person may not tether a domestic dog or domestic 20 cat unless the person is physically present with and attending 21 to the dog or cat and the d og or cat remains visible to the 22 person at all times while tethered. 23 (b) A person may not tether a domestic dog or domestic cat 24 outdoors during severe weather, including, but not limited to, 25 HB 1075 2022 CODING: Words stricken are deletions; words underlined are additions. hb1075-00 Page 2 of 3 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 extreme heat or cold, thunderstorms, lightning, tornadoes, 26 tropical storms, or hurricanes. 27 (4) Paragraph (3)(a) does not apply to tethering a 28 domestic dog or domestic cat in a manner that does not 29 jeopardize its health, safety, or well -being when: 30 (a) Attending, or participating in, a legal, organized 31 public event in which the dog or cat and the person are 32 permitted attendees or participants; 33 (b) Actively engaging in conduct that is directly related 34 to the business of shepherding or herding cattle or livestock or 35 related to the business of cultivating agricultura l products and 36 tethering is reasonably necessary for its safety; 37 (c) Being treated by a veterinarian or serviced by a 38 groomer; 39 (d) Being trained for or actively serving in a law 40 enforcement capacity; 41 (e) Being lawfully used to actively hunt a species of 42 wildlife in the state during the hunting season for that species 43 of wildlife; 44 (f) Being cared for as part of a rescue operation during a 45 natural or manmade disaster; 46 (g) Temporarily tethered by the staff of a public or 47 private animal shelter; a humane organization; an animal control 48 agency operated by a humane organization or a county ; a 49 municipality or other incorporated political subdivision; or a 50 HB 1075 2022 CODING: Words stricken are deletions; words underlined are additions. hb1075-00 Page 3 of 3 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 licensed commercial boarding facility for a period of time no 51 longer than necessary to accomplish a task such as bathing, 52 medical care, or any other short -term valid purpose for its 53 safety or the safety of other animals or staff; or 54 (h) Tethered in accordance with the regulations of a 55 camping or recreational area. 56 (5) A person who tethers a domesti c dog or domestic cat in 57 violation of this section commits a noncriminal violation as 58 defined in s. 775.08(3) and is subject to the following 59 penalties: 60 (a) For a first offense, a written warning. 61 (b) For a second offense, a fine of $250. 62 (c) For a third or subsequent offense, a fine of $500. 63 (6) This section shall be enforced pursuant to s. 828.073. 64 (7) This section does not limit the authority of any local 65 government to adopt or enforce an ordinance that is more 66 restrictive or that imposes greater penalties than this section. 67 Section 2. This act shall take effect July 1, 2022. 68