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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
reordering and amending s. 767.11, F.S.; defining the 7
term "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; requiri ng, rather 11
than authorizing, that such dogs be held until the 12
completion of certain actions; revising the 13
circumstances under which an owner is responsible for 14
paying certain costs and fees; requiring that certain 15
dogs not impounded be confined in a proper enclosure 16
by the owner; requiring animal control authorities to 17
provide certain information to the Department of 18
Agriculture and Consumer Services and to destroy 19
certain dogs; revising the information that the owner 20
of a dog classified as a dangerous dog is required to 21
provide to an animal control authority; requiring such 22
owner to obtain dangerous dog liability insurance 23
coverage; providing requirements for such insurance; 24
revising the civil penalty for violations; creating s. 25
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767.125, F.S.; requiring the department to create and 26
maintain a statewide Dangerous Dog Registry; providing 27
the purpose of the registry; requiring animal control 28
authorities to provide the department with certain 29
information; requiring the department to adopt rules; 30
amending ss. 767.13 and 767.135, F.S.; making 31
technical changes; conforming provisions to changes 32
made by the act; amending s. 767.136, F.S.; revising 33
the circumstances under which the owner of a dog that 34
has not been declared dangerous is liable for such 35
dog's severe injury to, or the death of, a human; 36
providing an 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
767.01 Dog owner's 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 owner's dog their dogs to a person or to any 47
animal included in the definitions of "dom estic animal" and 48
"livestock" as provided by s. 585.01. 49
(2) If a dog owner has knowledge of the dog's dangerous 50
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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 St atutes, is amended to 53
read: 54
767.10 Legislative 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 dog the owners of dangerous dogs. 63
Section 4. Section 767.11, Florida Statutes, is reordered 64
and amended to read: 65
767.11 Definitions. —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 70
has inflicted severe injury on a human being on public or 71
private property; 72
(b) Has more than once sever ely injured or killed a 73
domestic animal while off the owner's property; or 74
(c) Has, when unprovoked, chased or approached a person 75
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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 owner's property, a dangerous dog is securely confined : 89
(a) Indoors; 90
(b) In a locked, fenced yard, suitable to prevent the 91
entry of young child ren and designed to prevent the dog from 92
escaping 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
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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 re lating 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 impoun dment 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 youn ger, that 118
person's parent or guardian. 119
Section 5. Section 767.12, Florida Statutes, is amended to 120
read: 121
767.12 Classification of dogs as dangerous; owner 122
requirements; penalty certification of registration; notice and 123
hearing requirements; confinemen t of animal; exemption; appeals; 124
unlawful acts.— 125
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(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, inclu ding 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 o r 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 fe es 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
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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 any of the 165
following apply: 166
(a) The threat, injury, or damage was sustained by a 167
person who, at the time, was unlawfully on the property or who, 168
while lawfully on the property, was tormenti ng, abusing, or 169
assaulting 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 au thority 174
shall make an initial determination as to whether there is 175
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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 calen dar 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 recei pt 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 governin g 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
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(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 Appel late 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 dog's 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 do g shall do 218
all of the following : 219
(a)1. Upon Within 14 days after issuance of the final 220
order classifying the dog as dangerous or the conclusion of any 221
appeal 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
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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 of the dog or 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 245
as 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
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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
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 o ne local 263
jurisdiction to another within this the state, and. The animal 264
control officer must notify the animal control authority be 265
notified by the owner of a dog classified as dangerous that the 266
dog is in the authority's his or her 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 interfer e 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 owner's property in a proper 274
enclosure securely fenced or enclosed area that does not have a 275
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top, without a muzzle or leash , if the dog remains within the 276
owner's 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 sec urely 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 safe ty, 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 obed ience 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 299
to read: 300
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767.125 Statewide 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 statewide database of do gs that have been 304
declared dangerous by local animal control 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 on the 313
premises of 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, such as a tattoo 317
on the inside thigh of the dog or implantation of a microchip. 318
(d) Evidence of the dog having been spayed o r neutered. 319
(e) Evidence that the owner has obtained the required 320
liability insurance. 321
(f) The dog's name and a photograph of the dog. 322
(g) The county in which the dog is located. 323
(h) The owner's name and address. 324
(3) The department shall adopt ru les to administer this 325
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section. 326
Section 7. Subsections (1) and (2) of section 767.13, 327
Florida Statutes, are amended to read: 328
767.13 Attack or bite by dangerous dog; penalties; 329
confiscation; destruction. — 330
(1) If a dog that has previously been declared dangerous 331
attacks or bites a person or a domestic animal without 332
provocation, the owner commits is guilty of a misdemeanor of the 333
first degree, punishable as provided in s. 775.082 or s. 334
775.083. In addition, The dangerous dog must shall be 335
immediately confiscated by an animal control authority ;, placed 336
in quarantine, if necessary, for the proper length of time ;, or 337
impounded; and held for 10 business days after the owner is 338
given written notification under s. 767.12, and thereafter 339
destroyed in an expeditious and humane manner. This 10-day time 340
period shall allow The owner may to request a hearing under s. 341
767.12 during the 10 business days after such notification . The 342
owner is shall be responsible for payment of all boarding costs 343
and other fees as may be required to humanely and safely keep 344
the animal during any appeal procedure. 345
(2) If a dog that has previously been declared dangerous 346
attacks and causes severe injury to or death of any human, the 347
owner commits is guilty of a felony of the third degree, 348
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 349
In addition, The dog must shall be immediately confiscated by an 350
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animal control authority ;, placed in quarantine, if necessary, 351
for the proper length of time; impounded; and or held for 10 352
business days after the owner is given written notification 353
under s. 767.12, and thereafter destroyed in an expeditious and 354
humane manner. This 10-day time period shall allow The owner may 355
to request a hearing under s. 767.12 during the 10 business days 356
after such notification . The owner is shall be responsible for 357
payment of all boarding costs and other fees as may be required 358
to humanely and safely keep the animal during any appeal 359
procedure. 360
Section 8. Section 767.135, Florida Statutes, is amended 361
to read: 362
767.135 Attack 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 i n 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 business days after such 372
notification. If the owner files a written appeal under s. 373
767.12 or this section, the dog mus t be held and may not be 374
destroyed while the appeal is pending. The owner is responsible 375
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for payment of all boarding costs and other fees as may be 376
required to humanely and safely keep the animal during any 377
appeal procedure. 378
Section 9. Subsection (1) o f section 767.136, Florida 379
Statutes, is amended to read: 380
767.136 Attack or bite by unclassified dog that causes 381
severe injury or death; penalties. — 382
(1) If a dog that has not been declared dangerous attacks 383
and causes severe injury to, or the death of, a human, and the 384
owner of the dog had knowledge of the dog's dangerous 385
propensities, yet failed to secure the dog in a proper enclosure 386
pursuant to s. 767.01(2) demonstrated a reckless disregard for 387
such propensities under the circumstances , the owner of the dog 388
commits a misdemeanor of the second degree, punishable as 389
provided in s. 775.082 or s. 775.083. 390
Section 10. This act shall take effect July 1, 2025. 391