Florida 2022 Regular Session

Florida House Bill H1075 Latest Draft

Bill / Introduced Version Filed 12/29/2021

                               
 
HB 1075  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1075-00 
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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 
 
 
 
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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. 
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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