Florida Senate - 2024 CS for SB 1156 By the Committee on Agriculture; and Senator Collins 575-02408-24 20241156c1 1 A bill to be entitled 2 An act relating to dangerous dogs; providing a short 3 title; amending s. 767.01, F.S.; requiring certain dog 4 owners to securely confine their dogs in a proper 5 enclosure; amending s. 767.10, F.S.; revising 6 legislative findings relating to dangerous dogs; 7 reordering and amending s. 767.11, F.S.; defining the 8 term department; revising definitions; amending s. 9 767.12, F.S.; requiring, rather than authorizing, that 10 dogs subject to certain dangerous dog investigations 11 be confiscated, impounded, and held; requiring, rather 12 than authorizing, that the dog be held until the 13 completion of certain actions; requiring that certain 14 dogs not impounded be confined in a proper enclosure 15 by the owner; requiring animal control authorities to 16 provide certain information to the Department of 17 Agriculture and Consumer Services and to destroy 18 certain dogs; revising the information that the owner 19 of a dog classified as a dangerous dog is required to 20 provide to an animal control authority; requiring such 21 owner to obtain liability insurance coverage for a dog 22 classified as a dangerous dog; providing requirements 23 for such insurance; revising the civil penalty for 24 violations; creating s. 767.125, F.S.; requiring the 25 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 dogs severe 35 injury to, or the death of, a human; providing an 36 effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1.This act may be cited as the Pam Rock Act. 41 Section 2.Section 767.01, Florida Statutes, is amended to 42 read: 43 767.01Dog owners liability for damages to persons, 44 domestic animals, or livestock. 45 (1)A dog owner is Owners of dogs shall be liable for any 46 damage done by the owners dog their dogs to a person or to any 47 animal included in the definitions of domestic animal and 48 livestock as provided by s. 585.01. 49 (2)If a dog owner has knowledge of the dogs dangerous 50 propensities, the owner must securely confine the dog in a 51 proper enclosure as defined in s. 767.11. 52 Section 3.Section 767.10, Florida Statutes, is amended to 53 read: 54 767.10Legislative findings.The Legislature finds that 55 dangerous dogs are an increasingly serious and widespread threat 56 to the safety and welfare of the people of this state because of 57 unprovoked attacks which cause injury to persons and domestic 58 animals; that such attacks are in part attributable to the 59 failure of owners to confine and properly train and control 60 their dogs; that existing laws inadequately address this growing 61 problem; and that it is appropriate and necessary to impose 62 uniform requirements for the owners of dogs and dangerous dogs. 63 Section 4.Section 767.11, Florida Statutes, is reordered 64 and amended to read: 65 767.11Definitions.As used in this part act, unless the 66 context clearly requires otherwise: 67 (3)(1)Dangerous dog means a any dog that according to 68 the records of the appropriate authority: 69 (a)Has aggressively bitten, attacked, or endangered or has 70 inflicted severe injury on a human being on public or private 71 property; 72 (b)Has more than once severely injured or killed a 73 domestic animal while off the owners property; or 74 (c)Has, when unprovoked, chased or approached a person 75 upon the streets, sidewalks, or any public grounds in a menacing 76 fashion or apparent attitude of attack, provided that such 77 actions are attested to in a sworn statement by one or more 78 persons and dutifully investigated by the appropriate authority. 79 (4)Department means the Department of Agriculture and 80 Consumer Services. 81 (8)(2)Unprovoked means that the victim who has been 82 conducting himself or herself peacefully and lawfully has been 83 bitten or chased in a menacing fashion or attacked by a dog. 84 (7)(3)Severe injury means any physical injury that 85 results in broken bones, multiple bites, or disfiguring 86 lacerations requiring sutures or reconstructive surgery. 87 (6)(4)Proper enclosure of a dangerous dog means, while 88 on the owners property, a dangerous dog is securely confined: 89 (a)Indoors; 90 (b)In a locked, fenced yard, suitable to prevent the entry 91 of young children and designed to prevent the dog from escaping 92 over, under, or through the fence; or 93 (c)In a securely enclosed and locked pen or structure, 94 suitable to prevent the entry of young children and designed to 95 prevent the dog animal from escaping. The Such pen or structure 96 must shall have secure sides and a secure top to prevent the dog 97 from escaping over, under, or through the structure and must 98 shall also provide protection from the elements. 99 (1)(5)Animal control authority means an entity acting 100 alone or in concert with other local governmental units and 101 authorized by them to enforce the animal control laws of the 102 city, county, or state. In those areas not served by an animal 103 control authority, the sheriff shall carry out the duties of the 104 animal control authority under this part act. 105 (2)(6)Animal control officer means any individual 106 employed, contracted with, or appointed by the animal control 107 authority for the purpose of aiding in the enforcement of this 108 part act or any other law or ordinance relating to the licensure 109 of animals, control of animals, or seizure and impoundment of 110 animals and includes any state or local law enforcement officer 111 or other employee whose duties in whole or in part include 112 assignments that involve the seizure and impoundment of an any 113 animal. 114 (5)(7)Owner means a any person, a firm, a corporation, 115 or an organization possessing, harboring, keeping, or having 116 control or custody of an animal or, if the animal is owned by a 117 person under the age of 18 years of age or younger, that 118 persons parent or guardian. 119 Section 5.Section 767.12, Florida Statutes, is amended to 120 read: 121 767.12Classification of dogs as dangerous; owner 122 requirements; penalty certification of registration; notice and 123 hearing requirements; confinement of animal; exemption; appeals; 124 unlawful acts. 125 (1)An animal control authority shall investigate reported 126 incidents involving any dog that may be dangerous and, if 127 possible, shall interview the owner and require a sworn 128 affidavit from any person, including any animal control officer 129 or enforcement officer, desiring to have a dog classified as 130 dangerous. 131 (a)An animal that is the subject of a dangerous dog 132 investigation for behavior described in s. 767.11(3)(a) or (c) 133 must because of severe injury to a human being may be 134 immediately confiscated by an animal control authority;, placed 135 in quarantine, if necessary, for the proper length of time;, or 136 impounded; and held. The animal must may be held pending the 137 outcome of the investigation and any hearings or appeals related 138 to the dangerous dog classification or any penalty imposed under 139 this section. If the dog is to be destroyed, the dog may not be 140 destroyed while an appeal is pending. The owner is responsible 141 for payment of all boarding costs and other fees as may be 142 required to humanely and safely keep the animal pending any 143 hearing or appeal, unless it is determined that the dog is not 144 dangerous. 145 (b)An animal that is the subject of a dangerous dog 146 investigation for behavior described in s. 767.11(3)(b) may be 147 immediately confiscated by an animal control authority; placed 148 in quarantine, if necessary, for the proper length of time; or 149 impounded and held. An animal that which is not impounded with 150 the animal control authority must be humanely and safely 151 confined by the owner in a proper enclosure securely fenced or 152 enclosed area. The animal shall be confined in such manner 153 pending the outcome of the investigation and the resolution of 154 any hearings or appeals related to the dangerous dog 155 classification or any penalty imposed under this section. The 156 owner shall provide the address at which the animal resides 157 shall be provided to the animal control authority. A dog that is 158 the subject of a dangerous dog investigation may not be 159 relocated or have its ownership transferred pending the outcome 160 of the investigation and any hearings or appeals related to the 161 dangerous dog classification or any penalty imposed under this 162 section. If a dog is to be destroyed, the dog may not be 163 relocated or have its ownership transferred. 164 (2)A dog may not be declared dangerous if either of the 165 following apply: 166 (a)The threat, injury, or damage was sustained by a person 167 who, at the time, was unlawfully on the property or who, while 168 lawfully on the property, was tormenting, abusing, or assaulting 169 the dog or its owner or a family member. 170 (b)The dog was protecting or defending a human being 171 within the immediate vicinity of the dog from an unjustified 172 attack or assault. 173 (3)After the investigation, the animal control authority 174 shall make an initial determination as to whether there is 175 sufficient cause to classify the dog as dangerous and, if 176 sufficient cause is found, as to the appropriate penalty under 177 subsection (5). The animal control authority shall afford the 178 owner an opportunity for a hearing before prior to making a 179 final determination regarding the classification or penalty. The 180 animal control authority shall provide written notification of 181 the sufficient cause finding and proposed penalty to the owner 182 by registered mail or, certified hand delivery, or service in 183 conformance with the provisions of chapter 48 relating to 184 service of process. The owner may file a written request for a 185 hearing regarding the dangerous dog classification, penalty, or 186 both, within 7 calendar days after receipt of the notification 187 of the sufficient cause finding and proposed penalty. If the 188 owner requests a hearing, the hearing must shall be held as soon 189 as possible, but not later than 21 calendar days and not sooner 190 than 5 days after receipt of the request from the owner. If a 191 hearing is not timely requested regarding the dangerous dog 192 classification or proposed penalty, the determination of the 193 animal control authority as to such matter is shall become 194 final. Each applicable local governing authority shall establish 195 hearing procedures that conform to this subsection. 196 (4)Upon a dangerous dog classification and penalty 197 becoming final after a hearing or by operation of law pursuant 198 to subsection (3), the animal control authority shall do all of 199 the following: 200 (a)Provide a written final order to the owner by 201 registered mail or, certified hand delivery or service. The 202 owner may appeal the classification or, penalty, or both, to the 203 circuit court in accordance with the Florida Rules of Appellate 204 Procedure after receipt of the final order. If the dog is not 205 held by the animal control authority, the owner must confine the 206 dog in a proper enclosure securely fenced or enclosed area 207 pending resolution of the appeal. Each applicable local 208 governing authority must establish appeal procedures that 209 conform to this paragraph subsection. 210 (b)Provide the information required by s. 767.125(2) to 211 the department for the dangerous dogs inclusion in the 212 statewide Dangerous Dog Registry. 213 (c)If the dog is classified as a dangerous dog due to an 214 incident that caused severe injury to a human being, destroy the 215 dog in an expeditious and humane manner. 216 (5)(a)Except as otherwise provided in paragraph (4)(c) 217 (b), the owner of a dog classified as a dangerous dog shall do 218 all of the following: 219 (a)1.Upon Within 14 days after issuance of the final order 220 classifying the dog as dangerous or the conclusion of any appeal 221 that affirms such final order, obtain a certificate of 222 registration for the dog from the animal control authority 223 serving the area in which he or she resides, and renew the 224 certificate annually. Animal control authorities may are 225 authorized to issue such certificates of registration, and 226 renewals thereof, only to persons who are at least 18 years of 227 age and who present to the animal control authority sufficient 228 evidence of all of the following: 229 1.a.A current certificate of rabies vaccination for the 230 dog. 231 2.b.A proper enclosure to confine the a dangerous dog and 232 the posting of the premises with a clearly visible warning sign 233 at all entry points which informs both children and adults of 234 the presence of a dangerous dog on the property. 235 3.c.Permanent identification of the dog, such as a tattoo 236 on the inside thigh or an electronic implantation of a 237 microchip. 238 4.The dog having been spayed or neutered. 239 5.Liability insurance as required by paragraph (b). 240 241 The appropriate governmental unit may impose an annual fee for 242 the issuance of certificates of registration required by this 243 section. 244 (b)Upon issuance of the final order classifying the dog as 245 dangerous or the conclusion of any appeal that affirms such 246 final order, obtain liability insurance coverage in an amount of 247 at least $100,000 to cover damages resulting from an attack by 248 the dangerous dog causing bodily injury to a person and provide 249 proof of the required liability insurance coverage to the animal 250 control authority for the area in which the dog is kept. 251 (c)2.Immediately notify the appropriate animal control 252 authority when the dog: 253 1.a.Is loose or unconfined;. 254 2.b.Has bitten a human being or attacked another animal;. 255 3.c.Is sold, given away, or dies; or. 256 4.d.Is moved to another address. 257 (d)Before selling or giving away the a dangerous dog is 258 sold or given away, the owner shall provide the name, address, 259 and telephone number of the new owner to the animal control 260 authority. The new owner must comply with all of the 261 requirements of this section and any implementing local 262 ordinances, even if the animal is moved from one local 263 jurisdiction to another within this the state. The animal 264 control officer must be notified by the owner of a dog 265 classified as dangerous that the dog is in his or her 266 jurisdiction. 267 (e)3.Not allow permit the dog to be outside a proper 268 enclosure unless the dog is muzzled and restrained by a 269 substantial chain or leash and under control of a competent 270 person. The muzzle must be made in a manner that will not cause 271 injury to the dog or interfere with its vision or respiration 272 but will prevent it from biting a person or an animal. The owner 273 may exercise the dog on the owners property in a proper 274 enclosure securely fenced or enclosed area that does not have a 275 top, without a muzzle or leash, if the dog remains within the 276 owners his or her sight and only members of the immediate 277 household or persons 18 years of age or older, if applicable, 278 are allowed in the enclosure when the dog is present. When being 279 transported, such dogs must be safely and securely restrained 280 within a vehicle. 281 (b)If a dog is classified as a dangerous dog due to an 282 incident that causes severe injury to a human being, based upon 283 the nature and circumstances of the injury and the likelihood of 284 a future threat to the public safety, health, and welfare, the 285 dog may be destroyed in an expeditious and humane manner. 286 (6)Hunting dogs are exempt from this section when engaged 287 in any legal hunt or training procedure. Dogs engaged in 288 training or exhibiting in legal sports such as obedience trials, 289 conformation shows, field trials, hunting/retrieving trials, and 290 herding trials are exempt from this section when engaged in any 291 legal procedures. However, such dogs at all other times in all 292 other respects are subject to this and local laws. Dogs that 293 have been classified as dangerous may not be used for hunting 294 purposes. 295 (7)A person who violates any provision of this section 296 commits a noncriminal infraction, punishable by a fine not to 297 exceed $1,000 per violation $500. 298 Section 6.Section 767.125, Florida Statutes, is created to 299 read: 300 767.125Statewide Dangerous Dog Registry. 301 (1)The department shall create and maintain a statewide 302 Dangerous Dog Registry that provides the public with a 303 searchable online database of dogs throughout this state which 304 have been declared dangerous by local authorities. 305 (2)Each animal control authority shall, at a minimum, 306 report all of the following information regarding a dangerous 307 dog within its jurisdiction to the department for inclusion in 308 the registry: 309 (a)A current certificate of rabies vaccination for the 310 dog. 311 (b)Evidence of a proper enclosure within which the 312 dangerous dog will be confined and of the posting of the 313 premises with a clearly visible warning sign at all entry points 314 which informs both children and adults of the presence of a 315 dangerous dog on the property. 316 (c)Evidence of permanent identification of the dog, such 317 as a tattoo on the inside thigh or an implantation of a 318 microchip. 319 (d)Evidence of the dog having been spayed or neutered. 320 (e)Evidence that the owner has obtained the required 321 liability insurance. 322 (f)The dogs name and a photograph of the dog. 323 (g)The county in which the dog is located. 324 (h)The owners name and address. 325 (3)The department shall adopt rules to administer this 326 section. 327 Section 7.Subsections (1) and (2) of section 767.13, 328 Florida Statutes, are amended to read: 329 767.13Attack or bite by dangerous dog; penalties; 330 confiscation; destruction. 331 (1)If a dog that has previously been declared dangerous 332 attacks or bites a person or a domestic animal without 333 provocation, the owner commits is guilty of a misdemeanor of the 334 first degree, punishable as provided in s. 775.082 or s. 335 775.083. In addition, The dangerous dog must shall be 336 immediately confiscated by an animal control authority;, placed 337 in quarantine, if necessary, for the proper length of time;, or 338 impounded; and held for 10 business days after the owner is 339 given written notification under s. 767.12, and thereafter 340 destroyed in an expeditious and humane manner. This 10-day time 341 period shall allow The owner may to request a hearing under s. 342 767.12 during the 10-day time period. The owner is shall be 343 responsible for payment of all boarding costs and other fees as 344 may be required to humanely and safely keep the animal during 345 any appeal procedure. 346 (2)If a dog that has previously been declared dangerous 347 attacks and causes severe injury to or death of any human, the 348 owner commits is guilty of a felony of the third degree, 349 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 350 In addition, The dog must shall be immediately confiscated by an 351 animal control authority;, placed in quarantine, if necessary, 352 for the proper length of time; impounded; and or held for 10 353 business days after the owner is given written notification 354 under s. 767.12, and thereafter destroyed in an expeditious and 355 humane manner. This 10-day time period shall allow The owner may 356 to request a hearing under s. 767.12 during the 10-day time 357 period. The owner is shall be responsible for payment of all 358 boarding costs and other fees as may be required to humanely and 359 safely keep the animal during any appeal procedure. 360 Section 8.Section 767.135, Florida Statutes, is amended to 361 read: 362 767.135Attack or bite by unclassified dog that causes 363 death; confiscation; destruction.If a dog that has not been 364 declared dangerous attacks and causes the death of a human, the 365 dog must shall be immediately confiscated by an animal control 366 authority;, placed in quarantine, if necessary, for the proper 367 length of time; impounded; and or held for 10 business days 368 after the owner is given written notification under s. 767.12, 369 and thereafter destroyed in an expeditious and humane manner. 370 This 10-day time period shall allow The owner may to request a 371 hearing under s. 767.12 during the 10-day time period. If the 372 owner files a written appeal under s. 767.12 or this section, 373 the dog must be held and may not be destroyed while the appeal 374 is pending. The owner is responsible for payment of all boarding 375 costs and other fees as may be required to humanely and safely 376 keep the animal during any appeal procedure. 377 Section 9.Subsection (1) of section 767.136, Florida 378 Statutes, is amended to read: 379 767.136Attack or bite by unclassified dog that causes 380 severe injury or death; penalties. 381 (1)If a dog that has not been declared dangerous attacks 382 and causes severe injury to, or the death of, a human, and the 383 owner of the dog had knowledge of the dogs dangerous 384 propensities, yet failed to secure the dog in a proper enclosure 385 pursuant to s. 767.01(2) demonstrated a reckless disregard for 386 such propensities under the circumstances, the owner of the dog 387 commits a misdemeanor of the second degree, punishable as 388 provided in s. 775.082 or s. 775.083. 389 Section 10.This act shall take effect July 1, 2024.