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