This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0941c.RRS
DATE: 3/22/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 941 Authorization of Restriction Concerning Dogs
SPONSOR(S): Busatta Cabrera
TIED BILLS: IDEN./SIM. BILLS: SB 942
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
18 Y, 0 N Burgess Darden
2) Regulatory Reform & Economic Development
Subcommittee
11 Y, 0 N Larkin Anstead
3) State Affairs Committee
SUMMARY ANALYSIS
Public housing authorities (PHAs) are created pursuant to Florida law at municipal, county, and regional levels,
and become active through resolution by the applicable governing body. Among other powers, PHAs may
administer fair housing ordinances and other ordinances as adopted by municipalities, counties, or other
authorities contracting for administrative services.
PHAs must file annual agency plans with the U.S. Department of Housing and Urban Development which must
include their policies on public housing occupancy, including pet ownership. These policies may include
reasonable requirements such as prohibitions on types of animals that are classified as dangerous and
restrictions on individual animals based on certain factors including size and weight. Currently, the policies of
some PHAs prohibit pets based on the breed, behavior, or training of the pet.
However, some regulations
based on breed do not depend on a finding that the pet is vicious or dangerous. Additionally, the definition of
“dangerous dog” under Florida law is not uniformly applied in all PHA policies.
Local governments may adopt ordinances addressing the safety and welfare concerns stemming from dog
attacks on people or domestic animals, placing restrictions and additional requirements on owners of
dangerous dogs, provided that no such regulations may be breed specific. However, ordinances adopted prior
to October 1, 1990 are exempt from these statutory requirements.
The bill authorizes PHAs to adopt policies imposing restrictions or additional requirements on owners of dogs
deemed dangerous, as defined by Florida law. The bill further allows PHAs to develop procedures or criteria to
aid in the implementation of these policies.
The bill expands the general restriction on local governments from adopting breed-specific regulations to
include a prohibition on regulations based on size or weight of the dog. The bill also removes the current
exception that allowed local ordinances adopted prior to October 1, 1990 to regulate based on breed, bringing
such ordinances under the current requirements of the statute.
This bill is projected to have no fiscal impact.
The bill provides an effective date of October 1, 2023.
STORAGE NAME: h0941c.RRS PAGE: 2
DATE: 3/22/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Creation of Housing Authorities
Public housing authorities (PHA) are created at municipal, county
1
, and regional levels.
2
While
authorized by statute, housing authorities may not transact any business or exercise their statutory
powers until such time as the governing body of the municipality or county declares by resolution that
there is a need for a housing authority to function in the jurisdiction. This determination may be made
by the governing body of the municipality or county on its own motion or upon the filing of a petition
signed by 25 residents of the jurisdiction asserting that there exists a need for such an authority and
requesting that the governing body so declare.
3
The governing body may adopt such a resolution if it
finds the following:
Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
There is a shortage of safe or sanitary dwelling accommodations in the city or county available
to persons of low income at rentals they can afford.
4
Upon notification of the adoption of such a resolution, the mayor of a city, or the Governor, shall appoint
commissioners of the housing authority for the city or county, respectively.
5
Additionally, if the governing body of two or more contiguous counties each declares by resolution the
need for one housing authority to exercise powers and other functions for all such counties, a regional
housing authority will be created; and any housing authorities created, for each individual county, shall
cease to exist except for the purpose of winding up their respective affairs and executing a deed to the
regional housing authority. The governing body of a county shall not adopt a resolution of this kind if its
current county housing authority has any outstanding obligations, unless:
All obligees of such county housing authority and any parties to any contracts, bonds, notes, or
other obligations of such county housing authority agree to substitute the regional housing
authority in lieu of the county housing authority on all such contracts, bonds, notes, or other
obligations; and
The commissioners of each county housing authority adopt a resolution consenting to the
transfer of all the rights, contracts, obligations, and property, real and personal, of the county
housing authority to the regional housing authority.
6
Furthermore, the governing body of each of two or more contiguous counties must declare by
resolution that:
Insanitary or unsafe inhabited dwelling accommodations exist in such county or there is a
shortage of safe and sanitary dwelling accommodations in such county available to persons of
low income at rentals they can afford; and
1
A county housing authority shall operate in all areas of the county except those portions that lie within the territorial boundaries of any
city (defined as any city or town having a population of more than 2,500 according to the last state or federal census). Ss. 421.27(3)
and 421.03(2), F.S.
2
Ss. 421.04, 421.27, and 421.28, F.S.; A regional housing authority shall operate in all counties for which the regional housing authority
was created except the portions of the counties that lie within the territorial boundaries of cities. Ss. 421.29(1) and 421.03(2), F.S.
3
Ss. 421.04(1) and 421.27(1), F.S.
4
S. 421.04(2), F.S.; In determining whether dwelling accommodations are unsafe or insanitary the governing body may take into
consideration the following: the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to
the inhabitants, the size and arrangements of the rooms, the sanitary facilities, and the extent to which conditions exist in such buildings
which endanger life or property by fire or other causes. S. 421.04(2)(b), F.S.
5
S. 421.27(2), F.S.
6
S. 421.28(1), F.S. STORAGE NAME: h0941c.RRS PAGE: 3
DATE: 3/22/2023
A regional housing authority would be a more efficient or economical administrative unit than
the housing authority of such county to carry out the purposes of this Housing Authorities Law in
such county.
7
Powers of Housing Authorities
PHAs are authorized to administer fair housing ordinances and other ordinances adopted by
municipalities, counties, or other authorities contracting for administrative services.
8
Public Housing Authority Agency Plans
PHAs must submit annual plans to the U.S. Department of Housing and Urban Development (HUD) for
approval. These plans must include a statement of the PHA’s policies and rules regarding ownership of
pets in public housing.
9
PHAs may impose reasonable requirements on residents of public housing regarding pet ownership,
which may include prohibitions against types of animals that are classified as dangerous
10
and
individual animals based on certain factors, such as the size and weight of the animal.
Currently, some PHAs include provisions in their policies prohibiting pets based on breed, behavior, or
training of the pet.
11
However, some regulations based on breed do not depend on a finding that the pet
is vicious or dangerous.
Additionally, the definition of “dangerous dog” under Florida law is not uniformly
applied in all PHA policies.
12
Local Restrictions Regarding Dangerous Dogs
Local governments may adopt ordinances to address safety and welfare concerns stemming from dog
attacks on people or domestic animals, placing restrictions and additional requirements on owners of
dangerous dogs, provided that no regulations may be breed specific.
13
Ordinances adopted prior to
October 1, 1990, are exempt from these statutory requirements.
14
Florida law defines a “dangerous dog” as any dog that according to the records of the appropriate
authority:
15
Has aggressively bitten, attacked, or endangered or inflicted severe injury
16
on a human being
on public or private property;
7
S. 421.28(3), F.S.; No governing body shall adopt a resolution of this kind unless a public hearing has first been held. S. 421.29(7),
F.S.
8
S. 421.08(6), F.S.
9
42 U.S.C.A. s.1437c-1; See also 24 C.F.R. s. 903.7(n) (The policies must be in accordance with section 31 of the 1937 Act (42
U.S.C. s. 1437z-3)).
10
Classifications must comply with state and local law. 24 C.F.R. s. 960.707(b)(3).
11
See e.g., Tampa Housing Authority, https://www.thafl.com/Departments/Real-Estate-Development/library/PHA-PLAN.pdf (last visited
Mar. 8, 2023) (forbidding “Pets of a known vicious or dangerous disposition, i.e. Pit bulls, Doberman pinchers”); St. Petersburg Housing
Authority, https://www.stpeteha.org/plugins/show_image.php?id=1912 (last visited Mar. 8, 2023) (prohibiting “any animal deemed to be
potentially harmful to the health or safety of others, including attack or fight trained dogs . . . certain breeds may be prohibited at the
discretion of [St. Petersburg Housing Authority]”); Key West Housing Authority,
https://www.kwha.org/egov/documents/1614973714_73249.pdf, Chapter 10: Pet Policy, p. 3 (last visited Mar. 8, 2023) (prohibiting
“vicious or intimidating pets. Dog breeds including pitbull, rottweiler, Doberman, are considered vicious or intimidating breeds”).
12
See S. 767.11(1), F.S.
13
A local government may only enact additional restrictions or requirements on the owners of dogs who have already been declared
“dangerous” as defined in s. 767.11, F.S. This section does not authorize or prohibit additional restrictions or requirements on owners of
dogs who have not been declared “dangerous.” Hoesch v. Broward County, 53 So. 3d 1177 (Fla. 4th DCA 2011).
14
S. 767.14, F.S.; Because of the 1990 grandfather provision, Miami-Dade County and the City of Sunrise are local governments in
Florida with breed specific ordinances currently in effect. Miami-Dade County Ord. No. 89-22, § 2, 4-4-89; City of Sunrise Ord. No. 251-
A, § 2(4-17), 5-2-89. Miami-Dade’s ordinance provides that pit bull dogs are banned from purchase, from being brought into Miami-
Dade County, or otherwise acquired and regulated due to unique history, nature and characteristics which require special regulation.
Miami-Dade County Ord. No. 89-22, § 2, 4-4-89.
15
Local governments may not alter the statutory definition of “dangerous dog.” See Hoesch, 53 So. 3d at 1180-1181.
16
“Severe injury” is defined as any physical injury resulting in broken bones, multiple bites, or disfiguring lacerations requiring sutures or
reconstructive surgery. S. 767.11(3), F.S. STORAGE NAME: h0941c.RRS PAGE: 4
DATE: 3/22/2023
Has more than once severely injured or killed a domestic animal while off the owner’s property;
or
Has, when unprovoked
17
, chased or approached a person upon the streets, sidewalks, or any
public grounds in a menacing fashion or apparent attitude of attack, provided that such actions
are attested to in a sworn statement by one or more persons and dutifully investigated by the
appropriate authority.
18
Process for Classification of Dogs as Dangerous
An animal control officer
19
is typically the person who would investigate an incident involving a dog. In
areas unserved by an animal control authority,
20
the sheriff assumes the duties required of an animal
control officer.
21
Upon receiving a report of a potentially dangerous dog, the animal control authority must investigate the
incident, interview the owner, and require a sworn affidavit from any person who seeks to have a dog
classified as dangerous.
22
An animal that is the subject of a dangerous dog investigation because of
severe injury to a human being may be immediately confiscated by an animal control authority, placed
in quarantine, if necessary, for the proper length of time, or impounded and held.
23
A dog that is being
investigated as a dangerous dog that is not impounded with the animal control authority must be
humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome
of the investigation.
24
The animal control authority may not declare a dog as dangerous if:
The injured person was unlawfully on the property, or if lawfully on the property was tormenting,
abusing, or assaulting the dog or its owner or a family member; or
The dog was protecting a person within the immediate vicinity of the dog from an unjustified attack or
assault.
25
After investigating, the animal control authority must initially determine whether sufficient cause exists
to classify the dog as dangerous and if sufficient cause is found, provide the owner an opportunity for a
hearing before making a final determination regarding the classification or penalty.
26
The animal control
authority must provide written notice of sufficient cause and proposed penalty to the owner by
registered mail, certified hand delivery, or service in conformity with how service of process is made.
The owner has seven calendar days from receiving the notice to file a written request for a hearing. The
hearing officer must hold the hearing as soon as possible, no more than 21 calendar days, and no
sooner than five days after receiving the request for hearing.
27
If a hearing is not timely requested the
authority’s determination becomes final.
Within 14 days after the classification as a dangerous dog by the animal control authority, the owner
must register the dog with the animal control authority and renew the certification annually. Vaccination,
enclosure, warning sign, and identification requirements must then be followed. The owner must
immediately notify the animal control authority if the dog is loose, bites or attacks a person or another
animal, or if there is any other change in status. A dangerous dog must remain in its enclosure at all
17
“Unprovoked” is defined as a victim who conducted himself or herself peacefully and lawfully was bitten or chased in a menacing
fashion or attacked by a dog. S. 767.11(2), F.S.
18
S. 767.11(1), F.S.
19
“Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose
of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure
and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part
include assignments that involve seizure and impoundment of any animal. See s. 767.11(6), F.S.
20
“Animal control authority” means an entity acting alone or in concert with other local governmental units and authorized by them to
enforce the animal control law of the city, county, or state. See s. 767.11(5), F.S.
21
Section 767.11(5) and (6), F.S.
22
Section 767.12(1), F.S.
23
Section 767.12(1)(a), F.S.
24
Section 767.12(1)(b), F.S.
25
Section 767.12(2)(a-b), F.S.
26
Section 767.12(3), F.S.
27
Section 767.12(3), F.S. STORAGE NAME: h0941c.RRS PAGE: 5
DATE: 3/22/2023
times unless it is muzzled and restrained by a chain or leash. Any violation of these requirements is a
noncriminal infraction publishable by a fine, not to exceed $500.
28
In addition to civil penalties, the owner of a dangerous dog can be charged with the following criminal
violations:
1
st
degree misdemeanor if the dog has previously been declared “dangerous” and it attacks or bites a
person or domestic animal without provocation.
29
2
nd
degree misdemeanor if the dog has not previously been declared “dangerous” but causes severe
injury to or death of any human and the owner had prior knowledge of, but recklessly disregarded,
the dog’s dangerous propensities.
30
3
rd
degree felony if the dog has previously been declared “dangerous” and it attacks and causes severe
injury to or death of any human.
31
Effect of Proposed Changes
The bill adds size and weight to the prohibited dog characteristics which a local government may not
use to regulate dogs in their jurisdiction. The bill removes the exemption for local ordinances adopted
prior to October 1, 1990, requiring those ordinances to comply with these statutory restrictions.
The bill authorizes PHAs to adopt policies imposing restrictions or additional requirements on owners of
dogs as long as such requirements are not specific to breed, weight, or size, and specifically allows the
adoption of restrictions on owners of dogs that have been deemed dangerous, as defined by Florida
law. The bill authorizes PHAs to develop procedures or criteria to aid in the implementation of these
policies.
B. SECTION DIRECTORY:
Section 1: Amends s. 767.14, F.S., concerning the authorization of additional local restrictions
related to dangerous dogs.
Section 2: Provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
28
Section 767.12 (7), F.S.
29
Section 676.13(1), F.S.
30
Section 767.136(1), F.S.
31
Section 767.13(2), F.S. STORAGE NAME: h0941c.RRS PAGE: 6
DATE: 3/22/2023
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill neither requires nor authorizes administrative rulemaking by executive agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
None.