This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0941e.SAC
DATE: 3/31/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 941 Authorization of Restriction Concerning Dogs
SPONSOR(S): Busatta Cabrera and others
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 16 Y, 0 N Burgess Williamson
SUMMARY ANALYSIS
Public housing authorities (PHAs) are created at municipal, county, and regional levels, but may not transact
any business or exercise statutory powers until such time as the local governing body declares by resolution
that there is a need for a housing authority to function in its jurisdiction. 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 submit annual plans to the United States Department of Housing and Urban Development, which
includes a statement of their policies and rules regarding ownership of pets in public housing. PHAs may
impose reasonable requirements on residents of public housing regarding pet ownership, including prohibitions
against types of animals that are classified as dangerous and 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 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. Ordinances adopted prior to October 1, 1990, are exempt
from these statutory requirements.
The bill provides that it does not limit the authority of PHAs to adopt policies imposing restrictions or additional
requirements on owners of dogs deemed dangerous or 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, and
provides that these same restrictions apply to PHAs. 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 does not appear to have a fiscal impact on state or local governments.
STORAGE NAME: h0941e.SAC PAGE: 2
DATE: 3/31/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Public Housing Authorities
Creation
Public housing authorities (PHA) are created at municipal, county,
1
and regional levels.
2
PHAs may not
transact any business or exercise statutory powers until such time as the governing body of a
municipality or county declares by resolution that there is a need for a housing authority to function in
its 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 a resolution if it finds that:
Insanitary or unsafe inhabited dwelling accommodations exist in the city or county; or
There is a shortage of safe or sanitary dwelling accommodations available in the city or county
to persons of low incomes at rentals they can afford.
4
Upon notification of the adoption of a resolution, the mayor of the city or the Governor appoints the
commissioners of the PHA for the city or county, respectively.
5
If the governing body of two or more contiguous counties each declares by resolution that there is a
need for one PHA to exercise powers and other functions for all such counties, a regional housing
authority is created and any PHAs created for each individual county 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 may not adopt a resolution of this kind if its current county PHA has
any outstanding obligations, unless:
All obligees of such county PHA and parties to the contracts, bonds, notes, or other obligations
of such authority agree to substitute the regional housing authority in lieu of the county PHA on
all such contracts, bonds, notes, or other obligations; and
The commissioners of each county PHA adopt a resolution consenting to the transfer of all the
rights, contracts, obligations, and property, real and personal, of the county PHA to the regional
housing authority.
6
1
A county housing authority operates 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: h0941e.SAC PAGE: 3
DATE: 3/31/2023
Furthermore, the governing body of each of the 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 available in such county to persons of
low income at rentals they can afford; and
A regional housing authority would be a more efficient or economical administrative unit than
the PHA of such county to carry out the purposes of this Housing Authorities Law in such
county.
7
Powers of PHAs
PHAs are authorized to administer fair housing ordinances and other ordinances adopted by
municipalities, counties, or other authorities contracting for administrative services.
8
PHA Agency Plans
PHAs must submit annual plans to the United States 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
Dangerous Dogs
Local Restrictions
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
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. STORAGE NAME: h0941e.SAC PAGE: 4
DATE: 3/31/2023
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;
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 such actions are
attested to in a sworn statement by one or more persons and dutifully investigated by the
appropriate authority.
18
Process for Classifying Dogs as Dangerous
An animal control officer
19
is typically the person who investigates 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 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. If
the owner requests a hearing, the hearing officer must hold the hearing as soon as possible, but no
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.
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
S. 767.11(5) and (6), F.S.
22
S. 767.12(1), F.S.
23
S. 767.12(1)(a), F.S.
24
S. 767.12(1)(b), F.S.
25
S. 767.12(2)(a-b), F.S.
26
S. 767.12(3), F.S. STORAGE NAME: h0941e.SAC PAGE: 5
DATE: 3/31/2023
later 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, if the dog 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 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:
First degree misdemeanor if the dog has previously been declared “dangerous” and it attacks or
bites a person or domestic animal without provocation.
29
Second 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
Third 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 its jurisdiction, and places the same restrictions on PHAs. 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 provides that it does not limit the authority of PHAs to adopt policies to impose restrictions or
additional requirements on owners of dogs as long as such policies are not specific to breed, weight, or
size, or to develop procedures and 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:
27
S. 767.12(3), F.S.
28
S. 767.12 (7), F.S.
29
S. 676.13(1), F.S.
30
S. 767.136(1), F.S.
31
S. 767.13(2), F.S. STORAGE NAME: h0941e.SAC PAGE: 6
DATE: 3/31/2023
1. Revenues:
None.
2. Expenditures:
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.