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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 dangerous dogs; amending s. 767.01, 2
F.S.; requiring certain dog owners to securely confine 3
their dogs in a proper enclosure; amending s. 767.10, 4
F.S.; revising legislative findings relating to 5
dangerous dogs; reordering and amending s. 7 67.11, 6
F.S.; defining the term "department"; revising 7
definitions; amending s. 767.12, F.S.; requiring, 8
rather than authorizing, that dogs subject to certain 9
dangerous dog investigations be confiscated, 10
impounded, and held; requiring, rather than 11
authorizing, that the dog be held until the completion 12
of certain actions; requiring that certain dogs not 13
impounded be confined in a proper enclosure by the 14
owner; requiring animal control authorities to provide 15
certain information to the Department of Agriculture 16
and Consumer Services and to destroy certain dogs; 17
revising the information that the owner of a dog 18
classified as a dangerous dog is required to provide 19
to an animal control authority; requiring such owner 20
to obtain liability insurance coverage for a dog 21
classified as a dangerous dog; providing requirements 22
for such insurance; deleting an exemption for certain 23
hunting dogs; revising the civil penalty for 24
violations; creating s. 767.125, F.S.; requiring the 25
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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
department to create and maintain a statewide 26
Dangerous Dog Registry; providing the purpose of the 27
registry; requiring animal control authorities to 28
provide the department with certain information; 29
requiring the department to adopt rules; amending ss. 30
767.13 and 767.135, F.S.; making technical changes; 31
conforming provisions to changes made by the act; 32
amending s. 767.136, F.S.; revising the circumstances 33
under which the owner of a dog that has not been 34
declared dangerous is liable for such dog's severe 35
injury to, or the death of, a human; amending s. 36
767.16, F.S.; providing that police canines are only 37
exempt from certain provisions while on duty; 38
providing an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Section 767.01, Florida Statutes, is amended to 43
read: 44
767.01 Dog owner's liability for damages to persons, 45
domestic animals, or livestock. — 46
(1) A dog owner is Owners of dogs shall be liable for any 47
damage done by the owner's dog their dogs to a person or to any 48
animal included in the definitions of "domes tic animal" and 49
"livestock" as provided by s. 585.01. 50
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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
(2) If a dog owner has knowledge of the dog's dangerous 51
propensities, the owner must securely confine the dog in a 52
proper enclosure as defined in s. 767.11. 53
Section 2. Section 767.10, Florida Stat utes, is amended to 54
read: 55
767.10 Legislative findings. —The Legislature finds that 56
dangerous dogs are an increasingly serious and widespread threat 57
to the safety and welfare of the people of this state because of 58
unprovoked attacks which cause injury to p ersons and domestic 59
animals; that such attacks are in part attributable to the 60
failure of owners to confine and properly train and control 61
their dogs; that existing laws inadequately address this growing 62
problem; and that it is appropriate and necessary to impose 63
uniform requirements for the owners of dogs and dangerous dogs. 64
Section 3. Section 767.11, Florida Statutes, is reordered 65
and amended to read: 66
767.11 Definitions. —As used in this part act, unless the 67
context clearly requires otherwise: 68
(3)(1) "Dangerous dog" means a any dog that according to 69
the records of the appropriate authority: 70
(a) Has aggressively bitten, attacked, or endangered or 71
has inflicted severe injury on a human being on public or 72
private property; 73
(b) Has more than once se verely injured or killed a 74
domestic animal while off the owner's property; or 75
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(c) Has, when unprovoked, chased or approached a person 76
upon the streets, sidewalks, or any public grounds in a menacing 77
fashion or apparent attitude of attack, provided that s uch 78
actions are attested to in a sworn statement by one or more 79
persons and dutifully investigated by the appropriate authority. 80
(4) "Department" means the Department of Agriculture and 81
Consumer Services. 82
(8)(2) "Unprovoked" means that the victim who has been 83
conducting himself or herself peacefully and lawfully has been 84
bitten or chased in a menacing fashion or attacked by a dog. 85
(7)(3) "Severe injury" means any physical injury that 86
results in broken bones, m ultiple bites, or disfiguring 87
lacerations requiring sutures or reconstructive surgery. 88
(6)(4) "Proper enclosure of a dangerous dog" means, while 89
on the owner's property, a dangerous dog is securely confined : 90
(a) Indoors; 91
(b) In a locked, fenced yard, suitable to prevent the 92
entry of young children and designed to prevent the dog from 93
escaping over, under, or through the fence; or 94
(c) In a securely enclosed and locked pen or structure, 95
suitable to prevent the entry of young children and designed to 96
prevent the dog animal from escaping. The Such pen or structure 97
must shall have secure sides and a secure top to prevent the dog 98
from escaping over, under, or through the structure and must 99
shall also provide protection from the elements. 100
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(1)(5) "Animal control authority" means an entity acting 101
alone or in concert with other local governmental units and 102
authorized by them to enforce the animal control laws of the 103
city, county, or state. In those areas not served by an animal 104
control authority, the sheriff shall carry out the duties of the 105
animal control authority under this part act. 106
(2)(6) "Animal control officer" means any individual 107
employed, contracted with, or appointed by the animal control 108
authority for the purpose of aiding in the enforcement of t his 109
part act or any other law or ordinance relating to the licensure 110
of animals, control of animals, or seizure and impoundment of 111
animals and includes any state or local law enforcement officer 112
or other employee whose duties in whole or in part include 113
assignments that involve the seizure and impoundment of an any 114
animal. 115
(5)(7) "Owner" means a any person, a firm, a corporation, 116
or an organization possessing, harboring, keeping, or having 117
control or custody of an animal or, if the animal is owned by a 118
person under the age of 18 years of age or younger , that 119
person's parent or guardian. 120
Section 4. Section 767.12, Florida Statutes, is amended to 121
read: 122
767.12 Classification of dogs as dangerous; owner 123
requirements; penalty certification of registration; notice and 124
hearing requirements; confinement of animal; exemption; appeals; 125
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unlawful acts.— 126
(1) An animal control authority shall investigate reported 127
incidents involving any dog that may be dangerous and, if 128
possible, shall interview the owner and require a sworn 129
affidavit from any person, including any animal control officer 130
or enforcement officer, desiring to have a dog classified as 131
dangerous. 132
(a) An animal that is the subject of a dangerous dog 133
investigation for behavior described in s. 767.11(3)(a) or (c) 134
must because of severe injury to a human being may be 135
immediately confiscated by an animal control authority ;, placed 136
in quarantine, if necessary, for the proper length of time ;, or 137
impounded; and held. The animal must may be held pending the 138
outcome of the investigation and any hearings or appeals related 139
to the dangerous dog classification or any penalty imposed under 140
this section. If the dog is to be destroyed, the dog may not be 141
destroyed while an appeal is pending. The owner is responsible 142
for payment of all boarding costs and other fees as may be 143
required to humanely and safely keep the animal pending any 144
hearing or appeal, unless it is determined that the dog is not 145
dangerous. 146
(b) An animal that is the subject of a dangerous dog 147
investigation for behavior described in s. 767.11(3)(b) may be 148
immediately confiscated by an animal control authority; placed 149
in quarantine, if necessary, for the proper length of time; or 150
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impounded and held. An animal that which is not impounded with 151
the animal control author ity must be humanely and safely 152
confined by the owner in a proper enclosure securely fenced or 153
enclosed area. The animal shall be confined in such manner 154
pending the outcome of the investigation and the resolution of 155
any hearings or appeals related to the dangerous dog 156
classification or any penalty imposed under this section. The 157
owner shall provide the address at which the animal resides 158
shall be provided to the animal control authority. A dog that is 159
the subject of a dangerous dog investigation may not be 160
relocated or have its ownership transferred pending the outcome 161
of the investigation and any hearings or appeals related to the 162
dangerous dog classification or any penalty imposed under this 163
section. If a dog is to be destroyed, the dog may not be 164
relocated or have its ownership transferred. 165
(2) A dog may not be declared dangerous if either of the 166
following apply: 167
(a) The threat, injury, or damage was sustained by a 168
person who, at the time, was unlawfully on the property or who, 169
while lawfully on the p roperty, was tormenting, abusing, or 170
assaulting the dog or its owner or a family member. 171
(b) The dog was protecting or defending a human being 172
within the immediate vicinity of the dog from an unjustified 173
attack or assault. 174
(3) After the investigation, the animal control authority 175
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shall make an initial determination as to whether there is 176
sufficient cause to classify the dog as dangerous and, if 177
sufficient cause is found, as to the appropriate penalty under 178
subsection (5). The animal control authority sh all afford the 179
owner an opportunity for a hearing before prior to making a 180
final determination regarding the classification or penalty. The 181
animal control authority shall provide written notification of 182
the sufficient cause finding and proposed penalty to the owner 183
by registered mail or, certified hand delivery , or service in 184
conformance with the provisions of chapter 48 relating to 185
service of process. The owner may file a written request for a 186
hearing regarding the dangerous dog classification, penalty, or 187
both, within 7 calendar days after receipt of the notification 188
of the sufficient cause finding and proposed penalty. If the 189
owner requests a hearing, the hearing must shall be held as soon 190
as possible, but not later than 21 calendar days and not sooner 191
than 5 days after receipt of the request from the owner. If a 192
hearing is not timely requested regarding the dangerous dog 193
classification or proposed penalty, the determination of the 194
animal control authority as to such matter is shall become 195
final. Each applicable local governing authority shall establish 196
hearing procedures that conform to this subsection. 197
(4) Upon a dangerous dog classification and penalty 198
becoming final after a hearing or by operation of law pursuant 199
to subsection (3), the animal control authority shall do all of 200
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the following: 201
(a) Provide a written final order to the owner by 202
registered mail or, certified hand delivery or service. The 203
owner may appeal the classification or, penalty, or both, to the 204
circuit court in accordance with the Florida Rules of Appellate 205
Procedure after receipt of the final order. If the dog is not 206
held by the animal control authority, the owner must confine the 207
dog in a proper enclosure securely fenced or enclosed area 208
pending resolution of the appeal. Each applicable local 209
governing authority must establish appeal procedures that 210
conform to this paragraph subsection. 211
(b) Provide the information required by s. 767.125(2) to 212
the department for the da ngerous dog's inclusion in the 213
statewide Dangerous Dog Registry. 214
(c) If the dog is classified as a dangerous dog due to an 215
incident that caused severe injury to a human being, destroy the 216
dog in an expeditious and humane manner. 217
(5)(a) Except as otherwise provided in paragraph (4)(c) 218
(b), the owner of a dog classified as a dangerous dog shall do 219
all of the following : 220
(a)1. Upon Within 14 days after issuance of the final 221
order classifying the dog as dangerous or the conclusion of any 222
appeal that affirms such final order, obtain a certificate of 223
registration for the dog from the animal control authority 224
serving the area in which he or she resides, and renew the 225
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certificate annually. Animal control authorities may are 226
authorized to issue such certificates of registration, and 227
renewals thereof, only to persons who are at least 18 years of 228
age and who present to the animal control authority sufficient 229
evidence of all of the following : 230
1.a. A current certificate of rabies vaccination for the 231
dog. 232
2.b. A proper enclosure to confine the a dangerous dog and 233
the posting of the premises with a clearly visible warning sign 234
at all entry points which informs both children and adults of 235
the presence of a dangerous dog on the property. 236
3.c. Permanent identificatio n of the dog, such as a tattoo 237
on the inside thigh or an electronic implantation of a 238
microchip. 239
4. The dog having been spayed or neutered. 240
5. Liability insurance as required by paragraph (b). 241
242
The appropriate governmental unit may impose an annual fee for 243
the issuance of certificates of registration required by this 244
section. 245
(b) Upon issuance of the final order classifying the dog 246
as dangerous or the conclusion of any appeal that affirms such 247
final order, obtain liability insurance coverage in an amo unt of 248
at least $100,000 to cover damages resulting from an attack by 249
the dangerous dog causing bodily injury to a person and provide 250
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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
proof of the required liability insurance coverage to the animal 251
control authority for the area in which the dog is kept. 252
(c)2. Immediately notify the appropriate animal control 253
authority when the dog: 254
1.a. Is loose or unconfined ;. 255
2.b. Has bitten a human being or attacked another animal ;. 256
3.c. Is sold, given away, or dies ; or. 257
4.d. Is moved to another address. 258
(d) Before selling or giving away the a dangerous dog is 259
sold or given away, the owner shall provide the name, address, 260
and telephone number of the new owner to the animal control 261
authority. The new owner must comply with all of the 262
requirements of this section and any implementing local 263
ordinances, even if the animal is moved from one local 264
jurisdiction to another within this the state. The animal 265
control officer must be notified by the owner of a dog 266
classified as dangerous that the dog is in his or her 267
jurisdiction. 268
(e)3. Not allow permit the dog to be outside a proper 269
enclosure unless the dog is muzzled and restrained by a 270
substantial chain or leash and under control of a competent 271
person. The muzzle must be made in a manner that will not cause 272
injury to the dog or interfere with its vision or respiration 273
but will prevent it from biting a person or an animal. The owner 274
may exercise the dog on the owner's property in a proper 275
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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
enclosure securely fenced or enclosed area that does not have a 276
top, without a muzzle or leash, if the dog remains within the 277
owner's his or her sight and only members of the immediate 278
household or persons 18 years of age or older , if applicable, 279
are allowed in the enclosure when the dog is present. When being 280
transported, such dogs mu st be safely and securely restrained 281
within a vehicle. 282
(b) If a dog is classified as a dangerous dog due to an 283
incident that causes severe injury to a human being, based upon 284
the nature and circumstances of the injury and the likelihood of 285
a future threat to the public safety, health, and welfare, the 286
dog may be destroyed in an expeditious and humane manner . 287
(6) Hunting dogs are exempt from this section when engaged 288
in any legal hunt or training procedure. Dogs engaged in 289
training or exhibiting in legal sports such as obedience trials, 290
conformation shows, field trials, hunting/retrieving trials, and 291
herding trials are exempt from this section when engaged in any 292
legal procedures. However, such dogs at all other times in all 293
other respects are subject to this and local laws. Dogs that 294
have been classified as dangerous may not be used for hunting 295
purposes. 296
(7) A person who violates any provision of this section 297
commits a noncriminal infraction, punishable by a fine not to 298
exceed $1,000 per violation $500. 299
Section 5. Section 767.125, Florida Statutes, is created 300
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to read: 301
767.125 Statewide Dangerous Dog Registry. — 302
(1) The department shall create and maintain a statewide 303
Dangerous Dog Registry that provides the public with a 304
searchable online database of dogs throughout this state which 305
have been declared dangerous by local authorities. 306
(2) Each animal control authority shall, at a minimum, 307
report all of the following information regarding a dangerous 308
dog within its jurisdiction to the department for inclusion in 309
the registry: 310
(a) A current certificate of rabies vaccination for the 311
dog. 312
(b) Evidence of a proper enclosure within which the 313
dangerous dog will be confined and of the posting of the 314
premises with a clearly visible warning sign at all en try points 315
which informs both children and adults of the presence of a 316
dangerous dog on the property. 317
(c) Evidence of permanent identification of the dog, such 318
as a tattoo on the inside thigh or an implantation of a 319
microchip. 320
(d) Evidence of the dog h aving been spayed or neutered. 321
(e) Evidence that the owner has obtained the required 322
liability insurance. 323
(f) The dog's name and a photograph of the dog. 324
(g) The county in which the dog is located. 325
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(h) The owner's name and address. 326
(3) The department shall adopt rules to administer this 327
section. 328
Section 6. Subsections (1) and (2) of section 767.13, 329
Florida Statutes, are amended to read: 330
767.13 Attack or bite by dangerous dog; penalties; 331
confiscation; destruction. — 332
(1) If a dog that has pre viously been declared dangerous 333
attacks or bites a person or a domestic animal without 334
provocation, the owner commits is guilty of a misdemeanor of the 335
first degree, punishable as provided in s. 775.082 or s. 336
775.083. In addition, The dangerous dog must shall be 337
immediately confiscated by an animal control authority ;, placed 338
in quarantine, if necessary, for the proper length of time ;, or 339
impounded; and held for 10 business days after the owner is 340
given written notification under s. 767.12, and thereafter 341
destroyed in an expeditious and humane manner. This 10-day time 342
period shall allow The owner may to request a hearing under s. 343
767.12 during the 10-day time period. The owner is shall be 344
responsible for payment of all boarding costs and other fees as 345
may be required to humanely and safely keep the animal during 346
any appeal procedure. 347
(2) If a dog that has previously been declared dangerous 348
attacks and causes severe injury to or death of any human, the 349
owner commits is guilty of a felony of the third degree, 350
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 351
In addition, The dog must shall be immediately confiscated by an 352
animal control authority ;, placed in quarantine, if necessary, 353
for the proper length of time ; impounded; and or held for 10 354
business days after the owner is given written notification 355
under s. 767.12, and thereafter destroyed in an expeditious and 356
humane manner. This 10-day time period shall allow The owner may 357
to request a hearing under s. 767.12 during the 10-day time 358
period. The owner is shall be responsible for payment of all 359
boarding costs and other f ees as may be required to humanely and 360
safely keep the animal during any appeal procedure. 361
Section 7. Section 767.135, Florida Statutes, is amended 362
to read: 363
767.135 Attack or bite by unclassified dog that causes 364
death; confiscation; destruction. —If a dog that has not been 365
declared dangerous attacks and causes the death of a human, the 366
dog must shall be immediately confiscated by an animal control 367
authority;, placed in quarantine, if necessary, for the proper 368
length of time; impounded; and or held for 10 business days 369
after the owner is given written notification under s. 767.12, 370
and thereafter destroyed in an expeditious and humane manner. 371
This 10-day time period shall allow The owner may to request a 372
hearing under s. 767.12 during the 10-day time period. If the 373
owner files a written appeal under s. 767.12 or this section, 374
the dog must be held and may not be destroyed while the appeal 375
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is pending. The owner is responsible for payment of all boarding 376
costs and other fees as may be required to humanely and safely 377
keep the animal during any appeal procedure. 378
Section 8. Subsection (1) of section 767.136, Florida 379
Statutes, is amended to read: 380
767.136 Attack or bite by unclassified dog that causes 381
severe injury or death; penalties. — 382
(1) If a dog that ha s not been declared dangerous attacks 383
and causes severe injury to, or the death of, a human, and the 384
owner of the dog had knowledge of the dog's dangerous 385
propensities, yet failed to secure the dog in a proper enclosure 386
pursuant to s. 767.01(2) demonstrated a reckless disregard for 387
such propensities under the circumstances , the owner of the dog 388
commits a misdemeanor of the second degree, punishable as 389
provided in s. 775.082 or s. 775.083. 390
Section 9. Subsection (1) of section 767.16, Florida 391
Statutes, is amended to read: 392
767.16 Police canine or service dog; exemption. — 393
(1) Any canine that is owned, or the service of which is 394
employed, by a law enforcement agency , is exempt from this part 395
while the canine is on duty . 396
Section 10. This act shall take effect July 1, 2024. 397