FL
Florida House Bill H0873

Florida 2024 Regular Session

Florida House Bill H0873 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to dangerous dogs; providing a short 2
16-title; amending s. 767.01, F.S.; requiring certain dog 3
17-owners to securely confine their dogs in a proper 4
18-enclosure; amending s. 767.10, F.S.; revising 5
19-legislative findings relating to dangerous dogs; 6
20-amending s. 767.11, F.S.; defining the term 7
21-"department"; revising definitions; amending s. 8
22-767.12, F.S.; requiring, rather than authorizing, that 9
23-dogs subject to certain dangerous dog investigations 10
24-be confiscated, impounded, and held; requiring, rather 11
25-than authorizing, that the dog be held until the 12
26-completion of certain actions; requiring that certain 13
27-dogs not impounded be confined in a proper enclosure 14
28-by the owner; requiring animal control authorities to 15
29-provide certain information to the Department of 16
30-Agriculture and Consumer Services and to destroy 17
31-certain dogs; revising the information that the owner 18
32-of a dog classified as a dangerous dog is required to 19
33-provide to an animal control authority; requiring such 20
34-owner to obtain liability insurance coverage for a dog 21
15+An act relating to dangerous dogs; amending s. 767.01, 2
16+F.S.; requiring certain dog owners to securely confine 3
17+their dogs in a proper enclosure; amending s. 767.10, 4
18+F.S.; revising legislative findings relating to 5
19+dangerous dogs; reordering and amending s. 7 67.11, 6
20+F.S.; defining the term "department"; revising 7
21+definitions; amending s. 767.12, F.S.; requiring, 8
22+rather than authorizing, that dogs subject to certain 9
23+dangerous dog investigations be confiscated, 10
24+impounded, and held; requiring, rather than 11
25+authorizing, that the dog be held until the completion 12
26+of certain actions; requiring that certain dogs not 13
27+impounded be confined in a proper enclosure by the 14
28+owner; requiring animal control authorities to provide 15
29+certain information to the Department of Agriculture 16
30+and Consumer Services and to destroy certain dogs; 17
31+revising the information that the owner of a dog 18
32+classified as a dangerous dog is required to provide 19
33+to an animal control authority; requiring such owner 20
34+to obtain liability insurance coverage for a dog 21
3535 classified as a dangerous dog; providing requirements 22
36-for such insurance; revising the civil penalty for 23
37-violations; creating s. 767.125, F.S.; requ iring the 24
38-department to create and maintain the Statewide 25
36+for such insurance; deleting an exemption for certain 23
37+hunting dogs; revising the civil penalty for 24
38+violations; creating s. 767.125, F.S.; requiring the 25
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4747 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
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51-Dangerous Dog Registry; providing the purpose of the 26
52-registry; requiring animal control authorities to 27
53-provide the department with certain information; 28
54-requiring the department to adopt rules; amend ing ss. 29
55-767.13 and 767.135, F.S.; conforming provisions to 30
56-changes made by the act; amending s. 767.136, F.S.; 31
57-revising the circumstances under which the owner of a 32
58-dog that has not been declared dangerous is liable for 33
59-such dog's severe injury to, or the death of, a human; 34
60-providing an effective date. 35
61- 36
62-Be It Enacted by the Legislature of the State of Florida: 37
63- 38
64- Section 1. This act may be cited as the "Pam Rock Act." 39
65- Section 2. Section 767.01, Florida Statutes, is amended to 40
66-read: 41
67- 767.01 Dog owner's liability for damages to persons, 42
68-domestic animals, or livestock. — 43
69- (1) A dog owner is Owners of dogs shall be liable for any 44
70-damage done by the owner's dog their dogs to a person or to any 45
71-animal included in the definitions of "domestic animal" and 46
72-"livestock" as provided by s. 585.01. 47
73- (2) If a dog owner has knowledge of the dog's dangerous 48
74-propensities, the owner must securely confine the dog in a 49
75-proper enclosure as defined in s. 767.11. 50
51+department to create and maintain a statewide 26
52+Dangerous Dog Registry; providing the purpose of the 27
53+registry; requiring animal control authorities to 28
54+provide the department with certain information; 29
55+requiring the department to adopt rules; amending ss. 30
56+767.13 and 767.135, F.S.; making technical changes; 31
57+conforming provisions to changes made by the act; 32
58+amending s. 767.136, F.S.; revising the circumstances 33
59+under which the owner of a dog that has not been 34
60+declared dangerous is liable for such dog's severe 35
61+injury to, or the death of, a human; amending s. 36
62+767.16, F.S.; providing that police canines are only 37
63+exempt from certain provisions while on duty; 38
64+providing an effective date. 39
65+ 40
66+Be It Enacted by the Legislature of the State of Florida: 41
67+ 42
68+ Section 1. Section 767.01, Florida Statutes, is amended to 43
69+read: 44
70+ 767.01 Dog owner's liability for damages to persons, 45
71+domestic animals, or livestock. — 46
72+ (1) A dog owner is Owners of dogs shall be liable for any 47
73+damage done by the owner's dog their dogs to a person or to any 48
74+animal included in the definitions of "domes tic animal" and 49
75+"livestock" as provided by s. 585.01. 50
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8484 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
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88- Section 3. Section 767.10, Florida Statutes, is amende d to 51
89-read: 52
90- 767.10 Legislative findings. —The Legislature finds that 53
91-dangerous dogs are an increasingly serious and widespread threat 54
92-to the safety and welfare of the people of this state because of 55
93-unprovoked attacks which cause injury to persons and dome stic 56
94-animals; that such attacks are in part attributable to the 57
95-failure of owners to confine and properly train and control 58
96-their dogs; that existing laws inadequately address this growing 59
97-problem; and that it is appropriate and necessary to impose 60
98-uniform requirements for the owners of dogs and dangerous dogs. 61
99- Section 4. Section 767.11, Florida Statutes, is amended to 62
100-read: 63
101- 767.11 Definitions. —As used in this part act, unless the 64
102-context clearly requires otherwise: 65
103- (3)(1) "Dangerous dog" means a any dog that according to 66
104-the records of the appropriate authority: 67
105- (a) Has aggressively bitten, attacked, or endangered or 68
106-has inflicted severe injury on a human being on public or 69
107-private property; 70
108- (b) Has more than once severely injured or killed a 71
109-domestic animal while off the owner's property; or 72
110- (c) Has, when unprovoked, chased or approached a person 73
111-upon the streets, sidewalks, or any public grounds in a menacing 74
112-fashion or apparent attitude of attack, provided that such 75
88+ (2) If a dog owner has knowledge of the dog's dangerous 51
89+propensities, the owner must securely confine the dog in a 52
90+proper enclosure as defined in s. 767.11. 53
91+ Section 2. Section 767.10, Florida Stat utes, is amended to 54
92+read: 55
93+ 767.10 Legislative findings. —The Legislature finds that 56
94+dangerous dogs are an increasingly serious and widespread threat 57
95+to the safety and welfare of the people of this state because of 58
96+unprovoked attacks which cause injury to p ersons and domestic 59
97+animals; that such attacks are in part attributable to the 60
98+failure of owners to confine and properly train and control 61
99+their dogs; that existing laws inadequately address this growing 62
100+problem; and that it is appropriate and necessary to impose 63
101+uniform requirements for the owners of dogs and dangerous dogs. 64
102+ Section 3. Section 767.11, Florida Statutes, is reordered 65
103+and amended to read: 66
104+ 767.11 Definitions. —As used in this part act, unless the 67
105+context clearly requires otherwise: 68
106+ (3)(1) "Dangerous dog" means a any dog that according to 69
107+the records of the appropriate authority: 70
108+ (a) Has aggressively bitten, attacked, or endangered or 71
109+has inflicted severe injury on a human being on public or 72
110+private property; 73
111+ (b) Has more than once se verely injured or killed a 74
112+domestic animal while off the owner's property; or 75
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121121 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
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125-actions are attested to i n a sworn statement by one or more 76
126-persons and dutifully investigated by the appropriate authority. 77
127- (4) "Department" means the Department of Agriculture and 78
128-Consumer Services. 79
129- (8)(2) "Unprovoked" means that the victim who has been 80
130-conducting himself or herself peacefully and lawfully has been 81
131-bitten or chased in a menacing fashion or attacked by a dog. 82
132- (7)(3) "Severe injury" means any physical injury that 83
133-results in broken bones, multiple bites, or disfiguring 84
134-lacerations requirin g sutures or reconstructive surgery. 85
135- (6)(4) "Proper enclosure of a dangerous dog" means, while 86
136-on the owner's property, a dangerous dog is securely confined : 87
137- (a) Indoors; 88
138- (b) In a locked, fenced yard, suitable to prevent the 89
139-entry of young children a nd designed to prevent the dog from 90
140-escaping over, under, or through the fence; or 91
141- (c) In a securely enclosed and locked pen or structure, 92
142-suitable to prevent the entry of young children and designed to 93
143-prevent the dog animal from escaping. The Such pen or structure 94
144-must shall have secure sides and a secure top to prevent the dog 95
145-from escaping over, under, or through the structure and must 96
146-shall also provide protection from the elements. 97
147- (1)(5) "Animal control authority" means an entity acting 98
148-alone or in concert with other local governmental units and 99
149-authorized by them to enforce the animal control laws of the 100
125+ (c) Has, when unprovoked, chased or approached a person 76
126+upon the streets, sidewalks, or any public grounds in a menacing 77
127+fashion or apparent attitude of attack, provided that s uch 78
128+actions are attested to in a sworn statement by one or more 79
129+persons and dutifully investigated by the appropriate authority. 80
130+ (4) "Department" means the Department of Agriculture and 81
131+Consumer Services. 82
132+ (8)(2) "Unprovoked" means that the victim who has been 83
133+conducting himself or herself peacefully and lawfully has been 84
134+bitten or chased in a menacing fashion or attacked by a dog. 85
135+ (7)(3) "Severe injury" means any physical injury that 86
136+results in broken bones, m ultiple bites, or disfiguring 87
137+lacerations requiring sutures or reconstructive surgery. 88
138+ (6)(4) "Proper enclosure of a dangerous dog" means, while 89
139+on the owner's property, a dangerous dog is securely confined : 90
140+ (a) Indoors; 91
141+ (b) In a locked, fenced yard, suitable to prevent the 92
142+entry of young children and designed to prevent the dog from 93
143+escaping over, under, or through the fence; or 94
144+ (c) In a securely enclosed and locked pen or structure, 95
145+suitable to prevent the entry of young children and designed to 96
146+prevent the dog animal from escaping. The Such pen or structure 97
147+must shall have secure sides and a secure top to prevent the dog 98
148+from escaping over, under, or through the structure and must 99
149+shall also provide protection from the elements. 100
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158158 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
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162-city, county, or state. In those areas not served by an animal 101
163-control authority, the sheriff shall carry out the duties of the 102
164-animal control authority under this part act. 103
165- (2)(6) "Animal control officer" means any individual 104
166-employed, contracted with, or appointed by the animal control 105
167-authority for the purpose of aiding in the enforcement of this 106
168-part act or any other law or ordinance relating to the licensure 107
169-of animals, control of animals, or seizure and impoundment of 108
170-animals and includes any state or local law enforcement officer 109
171-or other employee whose duties in whole or in part include 110
172-assignments that involve the seizure and impoundment of an any 111
173-animal. 112
174- (5)(7) "Owner" means a any person, a firm, a corporation, 113
175-or an organization possessing, harboring, keeping, or having 114
176-control or custody of an animal or, if the animal is owned by a 115
177-person under the age of 18 years of age or younger , that 116
178-person's parent or guardian. 117
179- Section 5. Section 767.12, Florida Statutes, is amended to 118
180-read: 119
181- 767.12 Classification of dogs as dangerous; owner 120
182-requirements; penalty certification of registration; notice and 121
183-hearing requirements; confinement of animal; exemption; appeals; 122
184-unlawful acts.— 123
185- (1) An animal control authority shall investigate reported 124
186-incidents involving any dog that may be dangerous and, if 125
162+ (1)(5) "Animal control authority" means an entity acting 101
163+alone or in concert with other local governmental units and 102
164+authorized by them to enforce the animal control laws of the 103
165+city, county, or state. In those areas not served by an animal 104
166+control authority, the sheriff shall carry out the duties of the 105
167+animal control authority under this part act. 106
168+ (2)(6) "Animal control officer" means any individual 107
169+employed, contracted with, or appointed by the animal control 108
170+authority for the purpose of aiding in the enforcement of t his 109
171+part act or any other law or ordinance relating to the licensure 110
172+of animals, control of animals, or seizure and impoundment of 111
173+animals and includes any state or local law enforcement officer 112
174+or other employee whose duties in whole or in part include 113
175+assignments that involve the seizure and impoundment of an any 114
176+animal. 115
177+ (5)(7) "Owner" means a any person, a firm, a corporation, 116
178+or an organization possessing, harboring, keeping, or having 117
179+control or custody of an animal or, if the animal is owned by a 118
180+person under the age of 18 years of age or younger , that 119
181+person's parent or guardian. 120
182+ Section 4. Section 767.12, Florida Statutes, is amended to 121
183+read: 122
184+ 767.12 Classification of dogs as dangerous; owner 123
185+requirements; penalty certification of registration; notice and 124
186+hearing requirements; confinement of animal; exemption; appeals; 125
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195195 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
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199-possible, shall interview the owner and require a sworn 126
200-affidavit from any person, including any animal control officer 127
201-or enforcement officer, desiring to have a dog classified as 128
202-dangerous. 129
203- (a) An animal that is the subject of a dangerous dog 130
204-investigation for behavior described in s. 767.11(3)(a) or (c) 131
205-must because of severe injury to a human being may be 132
206-immediately confiscated by an animal control authority ;, placed 133
207-in quarantine, if necessary, for the proper length of time ;, or 134
208-impounded; and held. The animal must may be held pending the 135
209-outcome of the investigation and any hearings or appeals related 136
210-to the dangerous dog classification or any penalty imposed under 137
211-this section. If the dog is to be destroyed, the dog may not be 138
212-destroyed while an appeal is pending. The owner is responsible 139
213-for payment of all boarding costs and other fees as may be 140
214-required to humanely and safely keep the animal pending any 141
215-hearing or appeal, unless it is determined that the dog is not 142
216-dangerous. 143
217- (b) An animal that is the subject of a dangerous dog 144
218-investigation for behavior described in s. 767.11(3)(b) may be 145
219-immediately confiscated by an animal control authority; placed 146
220-in quarantine, if necessary, for the proper length of time; or 147
221-impounded and held. An animal that which is not impounded with 148
222-the animal control author ity must be humanely and safely 149
223-confined by the owner in a proper enclosure securely fenced or 150
199+unlawful acts.— 126
200+ (1) An animal control authority shall investigate reported 127
201+incidents involving any dog that may be dangerous and, if 128
202+possible, shall interview the owner and require a sworn 129
203+affidavit from any person, including any animal control officer 130
204+or enforcement officer, desiring to have a dog classified as 131
205+dangerous. 132
206+ (a) An animal that is the subject of a dangerous dog 133
207+investigation for behavior described in s. 767.11(3)(a) or (c) 134
208+must because of severe injury to a human being may be 135
209+immediately confiscated by an animal control authority ;, placed 136
210+in quarantine, if necessary, for the proper length of time ;, or 137
211+impounded; and held. The animal must may be held pending the 138
212+outcome of the investigation and any hearings or appeals related 139
213+to the dangerous dog classification or any penalty imposed under 140
214+this section. If the dog is to be destroyed, the dog may not be 141
215+destroyed while an appeal is pending. The owner is responsible 142
216+for payment of all boarding costs and other fees as may be 143
217+required to humanely and safely keep the animal pending any 144
218+hearing or appeal, unless it is determined that the dog is not 145
219+dangerous. 146
220+ (b) An animal that is the subject of a dangerous dog 147
221+investigation for behavior described in s. 767.11(3)(b) may be 148
222+immediately confiscated by an animal control authority; placed 149
223+in quarantine, if necessary, for the proper length of time; or 150
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232232 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
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236-enclosed area. The animal shall be confined in such manner 151
237-pending the outcome of the investigation and the resolution of 152
238-any hearings or appeals related to the dangerous dog 153
239-classification or any penalty imposed under this section. The 154
240-owner shall provide the address at which the animal resides 155
241-shall be provided to the animal control authority. A dog that is 156
242-the subject of a dangerous dog investigation may not be 157
243-relocated or have its ownership transferred pending the outcome 158
244-of the investigation and any hearings or appeals related to the 159
245-dangerous dog classification or any penalty imposed under this 160
246-section. If a dog is to be destroyed, the dog may not be 161
247-relocated or have its ownership transferred. 162
248- (2) A dog may not be declared dangerous if either of the 163
249-following apply: 164
250- (a) The threat, injury, or damage was sustained by a 165
251-person who, at the time, was unlawfully on the property or who, 166
252-while lawfully on the p roperty, was tormenting, abusing, or 167
253-assaulting the dog or its owner or a family member. 168
254- (b) The dog was protecting or defending a human being 169
255-within the immediate vicinity of the dog from an unjustified 170
256-attack or assault. 171
257- (3) After the investigation, the animal control authority 172
258-shall make an initial determination as to whether there is 173
259-sufficient cause to classify the dog as dangerous and, if 174
260-sufficient cause is found, as to the appropriate penalty under 175
236+impounded and held. An animal that which is not impounded with 151
237+the animal control author ity must be humanely and safely 152
238+confined by the owner in a proper enclosure securely fenced or 153
239+enclosed area. The animal shall be confined in such manner 154
240+pending the outcome of the investigation and the resolution of 155
241+any hearings or appeals related to the dangerous dog 156
242+classification or any penalty imposed under this section. The 157
243+owner shall provide the address at which the animal resides 158
244+shall be provided to the animal control authority. A dog that is 159
245+the subject of a dangerous dog investigation may not be 160
246+relocated or have its ownership transferred pending the outcome 161
247+of the investigation and any hearings or appeals related to the 162
248+dangerous dog classification or any penalty imposed under this 163
249+section. If a dog is to be destroyed, the dog may not be 164
250+relocated or have its ownership transferred. 165
251+ (2) A dog may not be declared dangerous if either of the 166
252+following apply: 167
253+ (a) The threat, injury, or damage was sustained by a 168
254+person who, at the time, was unlawfully on the property or who, 169
255+while lawfully on the p roperty, was tormenting, abusing, or 170
256+assaulting the dog or its owner or a family member. 171
257+ (b) The dog was protecting or defending a human being 172
258+within the immediate vicinity of the dog from an unjustified 173
259+attack or assault. 174
260+ (3) After the investigation, the animal control authority 175
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269269 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
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273-subsection (5). The animal control authority sh all afford the 176
274-owner an opportunity for a hearing before prior to making a 177
275-final determination regarding the classification or penalty. The 178
276-animal control authority shall provide written notification of 179
277-the sufficient cause finding and proposed penalty to the owner 180
278-by registered mail or, certified hand delivery , or service in 181
279-conformance with the provisions of chapter 48 relating to 182
280-service of process. The owner may file a written request for a 183
281-hearing regarding the dangerous dog classification, penalty, or 184
282-both, within 7 calendar days after receipt of the notification 185
283-of the sufficient cause finding and proposed penalty. If the 186
284-owner requests a hearing, the hearing must shall be held as soon 187
285-as possible, but not later than 21 calendar days and not sooner 188
286-than 5 days after receipt of the request from the owner. If a 189
287-hearing is not timely requested regarding the dangerous dog 190
288-classification or proposed penalty, the determination of the 191
289-animal control authority as to such matter is shall become 192
290-final. Each applicable local governing authority shall establish 193
291-hearing procedures that conform to this subsection. 194
292- (4) Upon a dangerous dog classification and penalty 195
293-becoming final after a hearing or by operation of law pursuant 196
294-to subsection (3), the animal control authority shall do all of 197
295-the following: 198
296- (a) Provide a written final order to the owner by 199
297-registered mail or, certified hand delivery or service. The 200
273+shall make an initial determination as to whether there is 176
274+sufficient cause to classify the dog as dangerous and, if 177
275+sufficient cause is found, as to the appropriate penalty under 178
276+subsection (5). The animal control authority sh all afford the 179
277+owner an opportunity for a hearing before prior to making a 180
278+final determination regarding the classification or penalty. The 181
279+animal control authority shall provide written notification of 182
280+the sufficient cause finding and proposed penalty to the owner 183
281+by registered mail or, certified hand delivery , or service in 184
282+conformance with the provisions of chapter 48 relating to 185
283+service of process. The owner may file a written request for a 186
284+hearing regarding the dangerous dog classification, penalty, or 187
285+both, within 7 calendar days after receipt of the notification 188
286+of the sufficient cause finding and proposed penalty. If the 189
287+owner requests a hearing, the hearing must shall be held as soon 190
288+as possible, but not later than 21 calendar days and not sooner 191
289+than 5 days after receipt of the request from the owner. If a 192
290+hearing is not timely requested regarding the dangerous dog 193
291+classification or proposed penalty, the determination of the 194
292+animal control authority as to such matter is shall become 195
293+final. Each applicable local governing authority shall establish 196
294+hearing procedures that conform to this subsection. 197
295+ (4) Upon a dangerous dog classification and penalty 198
296+becoming final after a hearing or by operation of law pursuant 199
297+to subsection (3), the animal control authority shall do all of 200
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306306 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
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310-owner may appeal the classification or, penalty, or both, to the 201
311-circuit court in accor dance with the Florida Rules of Appellate 202
312-Procedure after receipt of the final order. If the dog is not 203
313-held by the animal control authority, the owner must confine the 204
314-dog in a proper enclosure securely fenced or enclosed area 205
315-pending resolution of the ap peal. Each applicable local 206
316-governing authority must establish appeal procedures that 207
317-conform to this paragraph subsection. 208
318- (b) Provide the information required by s. 767.125(2) to 209
319-the department for the dangerous dog's inclusion in the 210
320-statewide Dangerous Dog Registry. 211
321- (c) If the dog is classified as a dangerous dog due to an 212
322-incident that caused severe injury to a human being, destroy the 213
323-dog in an expeditious and humane manner. 214
324- (5)(a) Except as otherwise provided in paragraph (4)(c) 215
325-(b), the owner of a dog classified as a dangerous dog shall do 216
326-all of the following : 217
327- (a)1. Upon Within 14 days after issuance of the final 218
328-order classifying the dog as dangerous or the conclusion of any 219
329-appeal that affirms such final order, obtain a certificate of 220
330-registration for the dog from the animal control authority 221
331-serving the area in which he or she resides, and renew the 222
332-certificate annually. Animal control authorities may are 223
333-authorized to issue such certificates of registration, and 224
334-renewals thereof, only to persons who are at least 18 years of 225
310+the following: 201
311+ (a) Provide a written final order to the owner by 202
312+registered mail or, certified hand delivery or service. The 203
313+owner may appeal the classification or, penalty, or both, to the 204
314+circuit court in accordance with the Florida Rules of Appellate 205
315+Procedure after receipt of the final order. If the dog is not 206
316+held by the animal control authority, the owner must confine the 207
317+dog in a proper enclosure securely fenced or enclosed area 208
318+pending resolution of the appeal. Each applicable local 209
319+governing authority must establish appeal procedures that 210
320+conform to this paragraph subsection. 211
321+ (b) Provide the information required by s. 767.125(2) to 212
322+the department for the da ngerous dog's inclusion in the 213
323+statewide Dangerous Dog Registry. 214
324+ (c) If the dog is classified as a dangerous dog due to an 215
325+incident that caused severe injury to a human being, destroy the 216
326+dog in an expeditious and humane manner. 217
327+ (5)(a) Except as otherwise provided in paragraph (4)(c) 218
328+(b), the owner of a dog classified as a dangerous dog shall do 219
329+all of the following : 220
330+ (a)1. Upon Within 14 days after issuance of the final 221
331+order classifying the dog as dangerous or the conclusion of any 222
332+appeal that affirms such final order, obtain a certificate of 223
333+registration for the dog from the animal control authority 224
334+serving the area in which he or she resides, and renew the 225
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343343 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
344344
345345
346346
347-age and who present to the animal control authority sufficient 226
348-evidence of all of the following : 227
349- 1.a. A current certificate of rabies vaccination for the 228
350-dog. 229
351- 2.b. A proper enclosure to confine the a dangerous dog and 230
352-the posting of the premises with a clearly visible warning sign 231
353-at all entry points which informs both children and adults of 232
354-the presence of a dangerous dog on the property. 233
355- 3.c. Permanent identification of the dog, such as a tattoo 234
356-on the inside thigh or an electronic implantation of a 235
357-microchip. 236
358- 4. The dog having been spayed or neutered. 237
359- 5. Liability insurance as required by paragraph (b). 238
360- 239
361-The appropriate governmental unit may impose an annual fee for 240
362-the issuance of certificates of registration required by this 241
363-section. 242
364- (b) Upon issuance of the final order classifying the dog 243
365-as dangerous or the conclusion of any appeal that affirms such 244
366-final order, obtain liability insurance coverage in an amount o f 245
367-at least $100,000 to cover damages resulting from an attack by 246
368-the dangerous dog causing bodily injury to a person and provide 247
369-proof of the required liability insurance coverage to the animal 248
370-control authority for the area in which the dog is kept. 249
371- (c)2. Immediately notify the appropriate animal control 250
347+certificate annually. Animal control authorities may are 226
348+authorized to issue such certificates of registration, and 227
349+renewals thereof, only to persons who are at least 18 years of 228
350+age and who present to the animal control authority sufficient 229
351+evidence of all of the following : 230
352+ 1.a. A current certificate of rabies vaccination for the 231
353+dog. 232
354+ 2.b. A proper enclosure to confine the a dangerous dog and 233
355+the posting of the premises with a clearly visible warning sign 234
356+at all entry points which informs both children and adults of 235
357+the presence of a dangerous dog on the property. 236
358+ 3.c. Permanent identificatio n of the dog, such as a tattoo 237
359+on the inside thigh or an electronic implantation of a 238
360+microchip. 239
361+ 4. The dog having been spayed or neutered. 240
362+ 5. Liability insurance as required by paragraph (b). 241
363+ 242
364+The appropriate governmental unit may impose an annual fee for 243
365+the issuance of certificates of registration required by this 244
366+section. 245
367+ (b) Upon issuance of the final order classifying the dog 246
368+as dangerous or the conclusion of any appeal that affirms such 247
369+final order, obtain liability insurance coverage in an amo unt of 248
370+at least $100,000 to cover damages resulting from an attack by 249
371+the dangerous dog causing bodily injury to a person and provide 250
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380380 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
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384-authority when the dog: 251
385- 1.a. Is loose or unconfined ;. 252
386- 2.b. Has bitten a human being or attacked another animal ;. 253
387- 3.c. Is sold, given away, or dies ; or. 254
388- 4.d. Is moved to another address. 255
389- (d) Before selling or giving away the a dangerous dog, is 256
390-sold or given away, the owner shall provide the name, address, 257
391-and telephone number of the new owner to the animal control 258
392-authority. The new owner must comply with all of the 259
393-requirements of this section and any implementing local 260
394-ordinances, even if the animal is moved from one local 261
395-jurisdiction to another within this the state. The animal 262
396-control officer must be notified by the owner of a dog 263
397-classified as dangerous that the dog is in his or her 264
398-jurisdiction. 265
399- (e)3. Not allow permit the dog to be outside a proper 266
400-enclosure unless the dog is muzzled and restrained by a 267
401-substantial chain or leash and under control of a competent 268
402-person. The muzzle must be made in a manner that will not cause 269
403-injury to the dog or interfere with its vision or respiration 270
404-but will prevent it from biting a person or an animal. The owner 271
405-may exercise the dog on the owner's property in a proper 272
406-enclosure securely fenced or enclosed area that does not have a 273
407-top, without a muzzle or leash, if the dog remains within the 274
408-owner's his or her sight and only members of the immediate 275
384+proof of the required liability insurance coverage to the animal 251
385+control authority for the area in which the dog is kept. 252
386+ (c)2. Immediately notify the appropriate animal control 253
387+authority when the dog: 254
388+ 1.a. Is loose or unconfined ;. 255
389+ 2.b. Has bitten a human being or attacked another animal ;. 256
390+ 3.c. Is sold, given away, or dies ; or. 257
391+ 4.d. Is moved to another address. 258
392+ (d) Before selling or giving away the a dangerous dog is 259
393+sold or given away, the owner shall provide the name, address, 260
394+and telephone number of the new owner to the animal control 261
395+authority. The new owner must comply with all of the 262
396+requirements of this section and any implementing local 263
397+ordinances, even if the animal is moved from one local 264
398+jurisdiction to another within this the state. The animal 265
399+control officer must be notified by the owner of a dog 266
400+classified as dangerous that the dog is in his or her 267
401+jurisdiction. 268
402+ (e)3. Not allow permit the dog to be outside a proper 269
403+enclosure unless the dog is muzzled and restrained by a 270
404+substantial chain or leash and under control of a competent 271
405+person. The muzzle must be made in a manner that will not cause 272
406+injury to the dog or interfere with its vision or respiration 273
407+but will prevent it from biting a person or an animal. The owner 274
408+may exercise the dog on the owner's property in a proper 275
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417417 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
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421-household or persons 18 years of age or older , if applicable, 276
422-are allowed in the enclosure when the dog is present. When being 277
423-transported, such dogs m ust be safely and securely restrained 278
424-within a vehicle. 279
425- (b) If a dog is classified as a dangerous dog due to an 280
426-incident that causes severe injury to a human being, based upon 281
427-the nature and circumstances of the injury and the likelihood of 282
428-a future threat to the public safety, health, and welfare, the 283
429-dog may be destroyed in an expeditious and humane manner . 284
430- (6) Hunting dogs are exempt from this section when engaged 285
431-in any legal hunt or training procedure. Dogs engaged in 286
432-training or exhibiting in lega l sports such as obedience trials, 287
433-conformation shows, field trials, hunting/retrieving trials, and 288
434-herding trials are exempt from this section when engaged in any 289
435-legal procedures. However, such dogs at all other times in all 290
436-other respects are subject to this and local laws. Dogs that 291
437-have been classified as dangerous may not be used for hunting 292
438-purposes. 293
439- (7) A person who violates any provision of this section 294
440-commits a noncriminal infraction, punishable by a fine not to 295
441-exceed $1,000 per violation $500. 296
442- Section 6. Section 767.125, Florida Statutes, is created 297
443-to read: 298
444- 767.125 Statewide Dangerous Dog Registry. — 299
445- (1) The department shall create and maintain a statewide 300
421+enclosure securely fenced or enclosed area that does not have a 276
422+top, without a muzzle or leash, if the dog remains within the 277
423+owner's his or her sight and only members of the immediate 278
424+household or persons 18 years of age or older , if applicable, 279
425+are allowed in the enclosure when the dog is present. When being 280
426+transported, such dogs mu st be safely and securely restrained 281
427+within a vehicle. 282
428+ (b) If a dog is classified as a dangerous dog due to an 283
429+incident that causes severe injury to a human being, based upon 284
430+the nature and circumstances of the injury and the likelihood of 285
431+a future threat to the public safety, health, and welfare, the 286
432+dog may be destroyed in an expeditious and humane manner . 287
433+ (6) Hunting dogs are exempt from this section when engaged 288
434+in any legal hunt or training procedure. Dogs engaged in 289
435+training or exhibiting in legal sports such as obedience trials, 290
436+conformation shows, field trials, hunting/retrieving trials, and 291
437+herding trials are exempt from this section when engaged in any 292
438+legal procedures. However, such dogs at all other times in all 293
439+other respects are subject to this and local laws. Dogs that 294
440+have been classified as dangerous may not be used for hunting 295
441+purposes. 296
442+ (7) A person who violates any provision of this section 297
443+commits a noncriminal infraction, punishable by a fine not to 298
444+exceed $1,000 per violation $500. 299
445+ Section 5. Section 767.125, Florida Statutes, is created 300
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454454 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
455455
456456
457457
458-Dangerous Dog Registry that provides the public with a 301
459-searchable online databas e of dogs throughout this state which 302
460-have been declared dangerous by local authorities. 303
461- (2) Each animal control authority shall, at a minimum, 304
462-report all of the following information regarding a dangerous 305
463-dog within its jurisdiction to the department fo r inclusion in 306
464-the registry: 307
465- (a) A current certificate of rabies vaccination for the 308
466-dog. 309
467- (b) Evidence of a proper enclosure within which the 310
468-dangerous dog will be confined and of the posting of the 311
469-premises with a clearly visible warning sign at all e ntry points 312
470-which informs both children and adults of the presence of a 313
471-dangerous dog on the property. 314
472- (c) Evidence of permanent identification of the dog, such 315
473-as a tattoo on the inside thigh or an implantation of a 316
474-microchip. 317
475- (d) Evidence of the dog having been spayed or neutered. 318
476- (e) Evidence that the owner has obtained the required 319
477-liability insurance. 320
478- (f) The dog's name and a photograph of the dog. 321
479- (g) The county in which the dog is located. 322
480- (h) The owner's name and address. 323
481- (3) The department shall adopt rules to administer this 324
482-section. 325
458+to read: 301
459+ 767.125 Statewide Dangerous Dog Registry. — 302
460+ (1) The department shall create and maintain a statewide 303
461+Dangerous Dog Registry that provides the public with a 304
462+searchable online database of dogs throughout this state which 305
463+have been declared dangerous by local authorities. 306
464+ (2) Each animal control authority shall, at a minimum, 307
465+report all of the following information regarding a dangerous 308
466+dog within its jurisdiction to the department for inclusion in 309
467+the registry: 310
468+ (a) A current certificate of rabies vaccination for the 311
469+dog. 312
470+ (b) Evidence of a proper enclosure within which the 313
471+dangerous dog will be confined and of the posting of the 314
472+premises with a clearly visible warning sign at all en try points 315
473+which informs both children and adults of the presence of a 316
474+dangerous dog on the property. 317
475+ (c) Evidence of permanent identification of the dog, such 318
476+as a tattoo on the inside thigh or an implantation of a 319
477+microchip. 320
478+ (d) Evidence of the dog h aving been spayed or neutered. 321
479+ (e) Evidence that the owner has obtained the required 322
480+liability insurance. 323
481+ (f) The dog's name and a photograph of the dog. 324
482+ (g) The county in which the dog is located. 325
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491491 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
492492
493493
494494
495- Section 7. Subsections (1) and (2) of section 767.13, 326
496-Florida Statutes, are amended to read: 327
497- 767.13 Attack or bite by dangerous dog; penalties; 328
498-confiscation; destruction. — 329
499- (1) If a dog that has previously been declared dangerous 330
500-attacks or bites a person or a domestic animal without 331
501-provocation, the owner commits is guilty of a misdemeanor of the 332
502-first degree, punishable as provided in s. 775.082 or s. 333
503-775.083. In addition, The dangerous dog must shall be 334
504-immediately confiscated by an animal control authority ;, placed 335
505-in quarantine, if necessary, for the proper length of time ;, or 336
506-impounded; and held for 10 business days after the owner is 337
507-given written notification under s. 767.12, and thereafter 338
508-destroyed in an expeditious and humane manner. This 10-day time 339
509-period shall allow The owner may to request a hearing under s. 340
510-767.12 during the 10-day time period. The owner is shall be 341
511-responsible for payment of all boarding costs and other fees as 342
512-may be required to humanely and safely keep the animal during 343
513-any appeal procedure. 344
514- (2) If a dog that has previously been declared dangerous 345
515-attacks and causes severe injury to or death of any human, the 346
516-owner commits is guilty of a felony of the third degree, 347
517-punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 348
518-In addition, The dog must shall be immediately confiscated by an 349
519-animal control authority ;, placed in quarantine, if necessary, 350
495+ (h) The owner's name and address. 326
496+ (3) The department shall adopt rules to administer this 327
497+section. 328
498+ Section 6. Subsections (1) and (2) of section 767.13, 329
499+Florida Statutes, are amended to read: 330
500+ 767.13 Attack or bite by dangerous dog; penalties; 331
501+confiscation; destruction. — 332
502+ (1) If a dog that has pre viously been declared dangerous 333
503+attacks or bites a person or a domestic animal without 334
504+provocation, the owner commits is guilty of a misdemeanor of the 335
505+first degree, punishable as provided in s. 775.082 or s. 336
506+775.083. In addition, The dangerous dog must shall be 337
507+immediately confiscated by an animal control authority ;, placed 338
508+in quarantine, if necessary, for the proper length of time ;, or 339
509+impounded; and held for 10 business days after the owner is 340
510+given written notification under s. 767.12, and thereafter 341
511+destroyed in an expeditious and humane manner. This 10-day time 342
512+period shall allow The owner may to request a hearing under s. 343
513+767.12 during the 10-day time period. The owner is shall be 344
514+responsible for payment of all boarding costs and other fees as 345
515+may be required to humanely and safely keep the animal during 346
516+any appeal procedure. 347
517+ (2) If a dog that has previously been declared dangerous 348
518+attacks and causes severe injury to or death of any human, the 349
519+owner commits is guilty of a felony of the third degree, 350
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528528 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
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532-for the proper length of time ; impounded; and or held for 10 351
533-business days after the owner is given written notification 352
534-under s. 767.12, and thereafter destroyed in an expeditious and 353
535-humane manner. This 10-day time period shall allow The owner may 354
536-to request a hearing under s. 767.12 during the 10-day time 355
537-period. The owner is shall be responsible for payment of all 356
538-boarding costs and other fees as may be required to humanely and 357
539-safely keep the animal during any appeal procedure. 358
540- Section 8. Section 767 .135, Florida Statutes, is amended 359
541-to read: 360
542- 767.135 Attack or bite by unclassified dog that causes 361
543-death; confiscation; destruction. —If a dog that has not been 362
544-declared dangerous attacks and causes the death of a human, the 363
545-dog must shall be immediately confiscated by an animal control 364
546-authority;, placed in quarantine, if necessary, for the proper 365
547-length of time; impounded; and or held for 10 business days 366
548-after the owner is given written notification under s. 767.12, 367
549-and thereafter destroyed in an expedi tious and humane manner. 368
550-This 10-day time period shall allow The owner may to request a 369
551-hearing under s. 767.12 during the 10-day time period. If the 370
552-owner files a written appeal under s. 767.12 or this section, 371
553-the dog must be held and may not be destroye d while the appeal 372
554-is pending. The owner is responsible for payment of all boarding 373
555-costs and other fees as may be required to humanely and safely 374
556-keep the animal during any appeal procedure. 375
532+punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 351
533+In addition, The dog must shall be immediately confiscated by an 352
534+animal control authority ;, placed in quarantine, if necessary, 353
535+for the proper length of time ; impounded; and or held for 10 354
536+business days after the owner is given written notification 355
537+under s. 767.12, and thereafter destroyed in an expeditious and 356
538+humane manner. This 10-day time period shall allow The owner may 357
539+to request a hearing under s. 767.12 during the 10-day time 358
540+period. The owner is shall be responsible for payment of all 359
541+boarding costs and other f ees as may be required to humanely and 360
542+safely keep the animal during any appeal procedure. 361
543+ Section 7. Section 767.135, Florida Statutes, is amended 362
544+to read: 363
545+ 767.135 Attack or bite by unclassified dog that causes 364
546+death; confiscation; destruction. —If a dog that has not been 365
547+declared dangerous attacks and causes the death of a human, the 366
548+dog must shall be immediately confiscated by an animal control 367
549+authority;, placed in quarantine, if necessary, for the proper 368
550+length of time; impounded; and or held for 10 business days 369
551+after the owner is given written notification under s. 767.12, 370
552+and thereafter destroyed in an expeditious and humane manner. 371
553+This 10-day time period shall allow The owner may to request a 372
554+hearing under s. 767.12 during the 10-day time period. If the 373
555+owner files a written appeal under s. 767.12 or this section, 374
556+the dog must be held and may not be destroyed while the appeal 375
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565565 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
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569- Section 9. Subsection (1) of section 767.136, Florida 376
570-Statutes, is amended to read: 377
571- 767.136 Attack or bite by unclassified dog that causes 378
572-severe injury or death; penalties. — 379
573- (1) If a dog that has not been declared dangerous attacks 380
574-and causes severe injury to, or the death of, a human, and the 381
575-owner of the dog had knowledge of the dog's dangerous 382
576-propensities, yet failed to secure the dog in a proper enclosure 383
577-pursuant to s. 767.01(2) demonstrated a reckless disregard for 384
578-such propensities under the circumstances , the owner of the dog 385
579-commits a misdemeanor of t he second degree, punishable as 386
580-provided in s. 775.082 or s. 775.083. 387
581- Section 10. This act shall take effect July 1, 2024. 388
569+is pending. The owner is responsible for payment of all boarding 376
570+costs and other fees as may be required to humanely and safely 377
571+keep the animal during any appeal procedure. 378
572+ Section 8. Subsection (1) of section 767.136, Florida 379
573+Statutes, is amended to read: 380
574+ 767.136 Attack or bite by unclassified dog that causes 381
575+severe injury or death; penalties. — 382
576+ (1) If a dog that ha s not been declared dangerous attacks 383
577+and causes severe injury to, or the death of, a human, and the 384
578+owner of the dog had knowledge of the dog's dangerous 385
579+propensities, yet failed to secure the dog in a proper enclosure 386
580+pursuant to s. 767.01(2) demonstrated a reckless disregard for 387
581+such propensities under the circumstances , the owner of the dog 388
582+commits a misdemeanor of the second degree, punishable as 389
583+provided in s. 775.082 or s. 775.083. 390
584+ Section 9. Subsection (1) of section 767.16, Florida 391
585+Statutes, is amended to read: 392
586+ 767.16 Police canine or service dog; exemption. — 393
587+ (1) Any canine that is owned, or the service of which is 394
588+employed, by a law enforcement agency , is exempt from this part 395
589+while the canine is on duty . 396
590+ Section 10. This act shall take effect July 1, 2024. 397