20 | | - | amending s. 767.11, F.S.; revising definitions; 7 |
---|
21 | | - | amending s. 767.12, F.S.; requiring, rather than 8 |
---|
22 | | - | authorizing, that dogs subject to certain dangerous 9 |
---|
23 | | - | dog investigations be confiscated, impounded, and 10 |
---|
24 | | - | held; requiring, rather than authorizing, that such 11 |
---|
25 | | - | dogs be held until the completion of certain actions; 12 |
---|
26 | | - | revising the circumstances under which an owner is 13 |
---|
27 | | - | responsible for paying certain costs and fees; 14 |
---|
28 | | - | requiring that certain dogs not impounded be confined 15 |
---|
29 | | - | in a proper enclosure by the owner; revising the 16 |
---|
30 | | - | information that the owner of a dog classified as a 17 |
---|
31 | | - | dangerous dog is required to provide to an animal 18 |
---|
32 | | - | control authority; requiring microchipping of dog 19 |
---|
33 | | - | classified as a dangerous dog; providing a penalty for 20 |
---|
34 | | - | knowingly and willfully removing a microchip; 21 |
---|
35 | | - | requiring the owner of a dog classified as a dangerous 22 |
---|
36 | | - | dog to obtain dangerous dog liability insurance 23 |
---|
| 20 | + | reordering and amending s. 767.11, F.S.; defining the 7 |
---|
| 21 | + | term "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; requiri ng, rather 11 |
---|
| 25 | + | than authorizing, that such dogs be held until the 12 |
---|
| 26 | + | completion of certain actions; revising the 13 |
---|
| 27 | + | circumstances under which an owner is responsible for 14 |
---|
| 28 | + | paying certain costs and fees; requiring that certain 15 |
---|
| 29 | + | dogs not impounded be confined in a proper enclosure 16 |
---|
| 30 | + | by the owner; requiring animal control authorities to 17 |
---|
| 31 | + | provide certain information to the Department of 18 |
---|
| 32 | + | Agriculture and Consumer Services and to destroy 19 |
---|
| 33 | + | certain dogs; revising the information that the owner 20 |
---|
| 34 | + | of a dog classified as a dangerous dog is required to 21 |
---|
| 35 | + | provide to an animal control authority; requiring such 22 |
---|
| 36 | + | owner to obtain dangerous dog liability insurance 23 |
---|
51 | | - | operated by a humane society or local government to 26 |
---|
52 | | - | provide specified information to potential adopters; 27 |
---|
53 | | - | revising the civil penalty for violations; amending 28 |
---|
54 | | - | ss. 767.13 and 767.135, F.S.; conforming provisions to 29 |
---|
55 | | - | changes made by the act; amending s. 767.136, F.S.; 30 |
---|
56 | | - | revising the circumstances under which the owner of a 31 |
---|
57 | | - | dog that has not been declared dangerous is liable for 32 |
---|
58 | | - | such dog's severe injury to, or the death of, a human; 33 |
---|
59 | | - | providing an effective date. 34 |
---|
60 | | - | 35 |
---|
61 | | - | Be It Enacted by the Legislature of the State of Florida: 36 |
---|
62 | | - | 37 |
---|
63 | | - | Section 1. This act may be cited as the "Pam Rock Act." 38 |
---|
64 | | - | Section 2. Section 767.01, Florida Statutes, is amended to 39 |
---|
65 | | - | read: 40 |
---|
66 | | - | 767.01 Dog owner's liability for damages to persons, 41 |
---|
67 | | - | domestic animals, or livestock. — 42 |
---|
68 | | - | (1) A dog owner is Owners of dogs shall be liable for any 43 |
---|
69 | | - | damage done by the owner's dog their dogs to a person or to any 44 |
---|
70 | | - | animal included in the definitions of "domestic animal" and 45 |
---|
71 | | - | "livestock" as provided by s. 585.01. 46 |
---|
72 | | - | (2) If a dog owner has knowledge of the dog's dangerous 47 |
---|
73 | | - | propensities, the owner must securely confine the dog in a 48 |
---|
74 | | - | proper enclosure as defined in s. 767.11. 49 |
---|
75 | | - | Section 3. Section 767.10, Florida Statutes, is amended to 50 |
---|
| 51 | + | 767.125, F.S.; requiring the department to create and 26 |
---|
| 52 | + | maintain a statewide Dangerous Dog Registry; providing 27 |
---|
| 53 | + | the purpose of the registry; requiring animal control 28 |
---|
| 54 | + | authorities to provide the department with certain 29 |
---|
| 55 | + | information; requiring the department to adopt rules; 30 |
---|
| 56 | + | amending ss. 767.13 and 767.135, F.S.; making 31 |
---|
| 57 | + | technical changes; conforming provisions to changes 32 |
---|
| 58 | + | made by the act; amending s. 767.136, F.S.; revising 33 |
---|
| 59 | + | the circumstances under which the owner of a dog that 34 |
---|
| 60 | + | has not been declared dangerous is liable for such 35 |
---|
| 61 | + | dog's severe injury to, or the death of, a human; 36 |
---|
| 62 | + | providing an effective date. 37 |
---|
| 63 | + | 38 |
---|
| 64 | + | Be It Enacted by the Legislature of the State of Florida: 39 |
---|
| 65 | + | 40 |
---|
| 66 | + | Section 1. This act may be cited as the "Pam Rock Act." 41 |
---|
| 67 | + | Section 2. Section 767.01, Florida Statutes, is amended to 42 |
---|
| 68 | + | read: 43 |
---|
| 69 | + | 767.01 Dog owner's liability for damages to persons, 44 |
---|
| 70 | + | domestic animals, or livestock. — 45 |
---|
| 71 | + | (1) A dog owner is Owners of dogs shall be liable for any 46 |
---|
| 72 | + | damage done by the owner's dog their dogs to a person or to any 47 |
---|
| 73 | + | animal included in the definitions of "dom estic animal" and 48 |
---|
| 74 | + | "livestock" as provided by s. 585.01. 49 |
---|
| 75 | + | (2) If a dog owner has knowledge of the dog's dangerous 50 |
---|
88 | | - | read: 51 |
---|
89 | | - | 767.10 Legislative findings. —The Legislature finds that 52 |
---|
90 | | - | dangerous dogs are an increasingly serious and widespread threat 53 |
---|
91 | | - | to the safety and welfare of the people of this state because of 54 |
---|
92 | | - | unprovoked attacks which cause injury to persons and domestic 55 |
---|
93 | | - | animals; that such attacks are in part attributable to the 56 |
---|
94 | | - | failure of owners to confine and properly train and control 57 |
---|
95 | | - | their dogs; that existing laws inade quately address this growing 58 |
---|
96 | | - | problem; and that it is appropriate and necessary to impose 59 |
---|
97 | | - | uniform requirements for dog the owners of dangerous dogs. 60 |
---|
98 | | - | Section 4. Section 767.11, Florida Statutes, is reordered 61 |
---|
99 | | - | and amended to read: 62 |
---|
100 | | - | 767.11 Definitions. —As used in this part act, unless the 63 |
---|
101 | | - | context clearly requires otherwise: 64 |
---|
102 | | - | (1)(5) "Animal control authority" means an entity acting 65 |
---|
103 | | - | alone or in concert with other local governmental units and 66 |
---|
104 | | - | authorized by them to enforce the animal control laws of the 67 |
---|
105 | | - | city, county, or state. In those areas not served by an animal 68 |
---|
106 | | - | control authority, the sheriff shall carry out the duties of the 69 |
---|
107 | | - | animal control authority under this part act. 70 |
---|
108 | | - | (2)(6) "Animal control officer" means any individual 71 |
---|
109 | | - | employed, contracted with, or app ointed by the animal control 72 |
---|
110 | | - | authority for the purpose of aiding in the enforcement of this 73 |
---|
111 | | - | part act or any other law or ordinance relating to the licensure 74 |
---|
112 | | - | of animals, control of animals, or seizure and impoundment of 75 |
---|
| 88 | + | propensities, the owner must securely confine the dog in a 51 |
---|
| 89 | + | proper enclosure as defined in s. 767.11. 52 |
---|
| 90 | + | Section 3. Section 767.10, Florida St atutes, is amended to 53 |
---|
| 91 | + | read: 54 |
---|
| 92 | + | 767.10 Legislative findings. —The Legislature finds that 55 |
---|
| 93 | + | dangerous dogs are an increasingly serious and widespread threat 56 |
---|
| 94 | + | to the safety and welfare of the people of this state because of 57 |
---|
| 95 | + | unprovoked attacks which cause injury to persons and domestic 58 |
---|
| 96 | + | animals; that such attacks are in part attributable to the 59 |
---|
| 97 | + | failure of owners to confine and properly train and control 60 |
---|
| 98 | + | their dogs; that existing laws inadequately address this growing 61 |
---|
| 99 | + | problem; and that it is appropriate and necessary to impose 62 |
---|
| 100 | + | uniform requirements for dog the owners of dangerous dogs. 63 |
---|
| 101 | + | Section 4. Section 767.11, Florida Statutes, is reordered 64 |
---|
| 102 | + | and amended to read: 65 |
---|
| 103 | + | 767.11 Definitions. —As used in this part act, unless the 66 |
---|
| 104 | + | context clearly requires otherwise: 67 |
---|
| 105 | + | (3)(1) "Dangerous dog" means a any dog that according to 68 |
---|
| 106 | + | the records of the appropriate authority: 69 |
---|
| 107 | + | (a) Has aggressively bitten, attacked, or endangered or 70 |
---|
| 108 | + | has inflicted severe injury on a human being on public or 71 |
---|
| 109 | + | private property; 72 |
---|
| 110 | + | (b) Has more than once sever ely injured or killed a 73 |
---|
| 111 | + | domestic animal while off the owner's property; or 74 |
---|
| 112 | + | (c) Has, when unprovoked, chased or approached a person 75 |
---|
125 | | - | animals and includes any state or loc al law enforcement officer 76 |
---|
126 | | - | or other employee whose duties in whole or in part include 77 |
---|
127 | | - | assignments that involve the seizure and impoundment of an any 78 |
---|
128 | | - | animal. 79 |
---|
129 | | - | (3)(1) "Dangerous dog" means a any dog that according to 80 |
---|
130 | | - | the records of the appropriate authority : 81 |
---|
131 | | - | (a) Has aggressively bitten, attacked, or endangered or 82 |
---|
132 | | - | has inflicted severe injury on a human being on public or 83 |
---|
133 | | - | private property; 84 |
---|
134 | | - | (b) Has more than once severely injured or killed a 85 |
---|
135 | | - | domestic animal while off the owner's property; or 86 |
---|
136 | | - | (c) Has, when unprovoked, chased or approached a person 87 |
---|
137 | | - | upon the streets, sidewalks, or any public grounds in a menacing 88 |
---|
138 | | - | fashion or apparent attitude of attack, provided that such 89 |
---|
139 | | - | actions are attested to in a sworn statement by one or more 90 |
---|
140 | | - | persons and dutifully investi gated by the appropriate authority. 91 |
---|
141 | | - | (4)(7) "Owner" means a any person, a firm, a corporation, 92 |
---|
142 | | - | or an organization possessing, harboring, keeping, or having 93 |
---|
143 | | - | control or custody of an animal or, if the animal is owned by a 94 |
---|
144 | | - | person under the age of 18 years of age or younger, that 95 |
---|
145 | | - | person's parent or guardian. 96 |
---|
146 | | - | (5)(4) "Proper enclosure of a dangerous dog" means, while 97 |
---|
147 | | - | on the owner's property, a dangerous dog is securely confined : 98 |
---|
148 | | - | (a) Indoors; 99 |
---|
149 | | - | (b) In a locked, fenced yard, suitable to prevent the 100 |
---|
| 125 | + | upon the streets, sidewalks, or any public grounds in a menacing 76 |
---|
| 126 | + | fashion or apparent attitude of attack, provided that such 77 |
---|
| 127 | + | actions are attested to in a sworn statement by one or more 78 |
---|
| 128 | + | persons and dutifully investigated by the appropriate authority. 79 |
---|
| 129 | + | (4) "Department" means the Department of Agriculture and 80 |
---|
| 130 | + | Consumer Services. 81 |
---|
| 131 | + | (8)(2) "Unprovoked" means that the victim who has been 82 |
---|
| 132 | + | conducting himself or herself peacefully and lawfully has been 83 |
---|
| 133 | + | bitten or chased in a menacing fashion or attacked by a dog. 84 |
---|
| 134 | + | (7)(3) "Severe injury" means any physical injury that 85 |
---|
| 135 | + | results in broken bones, multiple bites, or disfiguring 86 |
---|
| 136 | + | lacerations requiring sutures or reconstructive surgery. 87 |
---|
| 137 | + | (6)(4) "Proper enclosure of a dangerous dog" means, while 88 |
---|
| 138 | + | on the owner's property, a dangerous dog is securely confined : 89 |
---|
| 139 | + | (a) Indoors; 90 |
---|
| 140 | + | (b) In a locked, fenced yard, suitable to prevent the 91 |
---|
| 141 | + | entry of young child ren and designed to prevent the dog from 92 |
---|
| 142 | + | escaping over, under, or through the fence; or 93 |
---|
| 143 | + | (c) In a securely enclosed and locked pen or structure, 94 |
---|
| 144 | + | suitable to prevent the entry of young children and designed to 95 |
---|
| 145 | + | prevent the dog animal from escaping. The Such pen or structure 96 |
---|
| 146 | + | must shall have secure sides and a secure top to prevent the dog 97 |
---|
| 147 | + | from escaping over, under, or through the structure and must 98 |
---|
| 148 | + | shall also provide protection from the elements. 99 |
---|
| 149 | + | (1)(5) "Animal control authority" means an entity acting 100 |
---|
162 | | - | entry of young children and designed to prevent the dog from 101 |
---|
163 | | - | escaping over, under, or through the fence; or 102 |
---|
164 | | - | (c) In a securely enclosed and locked pen or structure, 103 |
---|
165 | | - | suitable to prevent the entry of young children and designed to 104 |
---|
166 | | - | prevent the dog animal from escaping. The Such pen or structure 105 |
---|
167 | | - | must shall have secure sides and a secure top to prevent the dog 106 |
---|
168 | | - | from escaping over, under, or through the structure and must 107 |
---|
169 | | - | shall also provide protection from the elements. 108 |
---|
170 | | - | (6)(3) "Severe injury" means any physical injury tha t 109 |
---|
171 | | - | results in broken bones, multiple bites, or disfiguring 110 |
---|
172 | | - | lacerations requiring sutures or reconstructive surgery. 111 |
---|
173 | | - | (7)(2) "Unprovoked" means that the victim who has been 112 |
---|
174 | | - | conducting himself or herself peacefully and lawfully has been 113 |
---|
175 | | - | bitten or chased in a menacing fashion or attacked by a dog. 114 |
---|
176 | | - | Section 5. Section 767.12, Florida Statutes, is amended to 115 |
---|
177 | | - | read: 116 |
---|
178 | | - | 767.12 Classification of dogs as dangerous; owner 117 |
---|
179 | | - | requirements; penalty certification of registration; notice and 118 |
---|
180 | | - | hearing requirements; confineme nt of animal; exemption; appeals; 119 |
---|
181 | | - | unlawful acts.— 120 |
---|
182 | | - | (1) An animal control authority shall investigate reported 121 |
---|
183 | | - | incidents involving any dog that may be dangerous and, if 122 |
---|
184 | | - | possible, shall interview the owner and require a sworn 123 |
---|
185 | | - | affidavit from any person, incl uding any animal control officer 124 |
---|
186 | | - | or enforcement officer, desiring to have a dog classified as 125 |
---|
| 162 | + | alone or in concert with other local governmental units and 101 |
---|
| 163 | + | authorized by them to enforce the animal control laws of the 102 |
---|
| 164 | + | city, county, or state. In those areas not served by an animal 103 |
---|
| 165 | + | control authority, the sheriff shall carry out the duties of the 104 |
---|
| 166 | + | animal control authority under this part act. 105 |
---|
| 167 | + | (2)(6) "Animal control officer" means any individual 106 |
---|
| 168 | + | employed, contracted with, or appointed by the animal control 107 |
---|
| 169 | + | authority for the purpose of aiding in the enforcement of this 108 |
---|
| 170 | + | part act or any other law or ordinance re lating to the licensure 109 |
---|
| 171 | + | of animals, control of animals, or seizure and impoundment of 110 |
---|
| 172 | + | animals and includes any state or local law enforcement officer 111 |
---|
| 173 | + | or other employee whose duties in whole or in part include 112 |
---|
| 174 | + | assignments that involve the seizure and impoun dment of an any 113 |
---|
| 175 | + | animal. 114 |
---|
| 176 | + | (5)(7) "Owner" means a any person, a firm, a corporation, 115 |
---|
| 177 | + | or an organization possessing, harboring, keeping, or having 116 |
---|
| 178 | + | control or custody of an animal or, if the animal is owned by a 117 |
---|
| 179 | + | person under the age of 18 years of age or youn ger, that 118 |
---|
| 180 | + | person's parent or guardian. 119 |
---|
| 181 | + | Section 5. Section 767.12, Florida Statutes, is amended to 120 |
---|
| 182 | + | read: 121 |
---|
| 183 | + | 767.12 Classification of dogs as dangerous; owner 122 |
---|
| 184 | + | requirements; penalty certification of registration; notice and 123 |
---|
| 185 | + | hearing requirements; confinemen t of animal; exemption; appeals; 124 |
---|
| 186 | + | unlawful acts.— 125 |
---|
199 | | - | dangerous. 126 |
---|
200 | | - | (a) An animal that is the subject of a dangerous dog 127 |
---|
201 | | - | investigation for behavior described in s. 767.11(3)(a) or (c) 128 |
---|
202 | | - | must because of severe injury to a human being may be 129 |
---|
203 | | - | immediately confiscated by an animal control authority ;, placed 130 |
---|
204 | | - | in quarantine, if necessary, for the proper length of time ;, or 131 |
---|
205 | | - | impounded; and held. The animal must may be held pending the 132 |
---|
206 | | - | outcome of the investigation and any hearings or appeals related 133 |
---|
207 | | - | to the dangerous dog classification or any penalty imposed under 134 |
---|
208 | | - | this section. If the dog is to be destroyed, the dog may not be 135 |
---|
209 | | - | destroyed while an appeal is pending. The owner is responsible 136 |
---|
210 | | - | for payment of all boarding costs and other f ees as may be 137 |
---|
211 | | - | required to humanely and safely keep the animal pending any 138 |
---|
212 | | - | hearing or appeal, unless it is determined that the dog is not 139 |
---|
213 | | - | dangerous. 140 |
---|
214 | | - | (b) An animal that is the subject of a dangerous dog 141 |
---|
215 | | - | investigation for behavior described in s. 767.11(3)( b) may be 142 |
---|
216 | | - | immediately confiscated by an animal control authority; placed 143 |
---|
217 | | - | in quarantine, if necessary, for the proper length of time; or 144 |
---|
218 | | - | impounded and held. An animal that which is not impounded with 145 |
---|
219 | | - | the animal control authority must be humanely and safely 146 |
---|
220 | | - | confined by the owner in a proper enclosure securely fenced or 147 |
---|
221 | | - | enclosed area. The animal shall be confined in such manner 148 |
---|
222 | | - | pending the outcome of the investigation and the resolution of 149 |
---|
223 | | - | any hearings or appeals related to the dangerous dog 150 |
---|
| 199 | + | (1) An animal control authority shall investigate reported 126 |
---|
| 200 | + | incidents involving any dog that may be dangerous and, if 127 |
---|
| 201 | + | possible, shall interview the owner and require a sworn 128 |
---|
| 202 | + | affidavit from any person, inclu ding any animal control officer 129 |
---|
| 203 | + | or enforcement officer, desiring to have a dog classified as 130 |
---|
| 204 | + | dangerous. 131 |
---|
| 205 | + | (a) An animal that is the subject of a dangerous dog 132 |
---|
| 206 | + | investigation for behavior described in s. 767.11(3)(a) or (c) 133 |
---|
| 207 | + | must because of severe injury to a human being may be 134 |
---|
| 208 | + | immediately confiscated by an animal control authority ;, placed 135 |
---|
| 209 | + | in quarantine, if necessary, for the proper length of time ;, or 136 |
---|
| 210 | + | impounded; and held. The animal must may be held pending the 137 |
---|
| 211 | + | outcome of the investigation and any hearings o r appeals related 138 |
---|
| 212 | + | to the dangerous dog classification or any penalty imposed under 139 |
---|
| 213 | + | this section. If the dog is to be destroyed, the dog may not be 140 |
---|
| 214 | + | destroyed while an appeal is pending. The owner is responsible 141 |
---|
| 215 | + | for payment of all boarding costs and other fe es as may be 142 |
---|
| 216 | + | required to humanely and safely keep the animal pending any 143 |
---|
| 217 | + | hearing or appeal, unless it is determined that the dog is not 144 |
---|
| 218 | + | dangerous. 145 |
---|
| 219 | + | (b) An animal that is the subject of a dangerous dog 146 |
---|
| 220 | + | investigation for behavior described in s. 767.11(3)(b ) may be 147 |
---|
| 221 | + | immediately confiscated by an animal control authority; placed 148 |
---|
| 222 | + | in quarantine, if necessary, for the proper length of time; or 149 |
---|
| 223 | + | impounded and held. An animal that which is not impounded with 150 |
---|
236 | | - | classification or any penalty imposed under this section. The 151 |
---|
237 | | - | owner shall provide the address at which the animal resides 152 |
---|
238 | | - | shall be provided to the animal control authority. A dog that is 153 |
---|
239 | | - | the subject of a dangerous dog investigation may not be 154 |
---|
240 | | - | relocated or have its ownership transferred pending the outcome 155 |
---|
241 | | - | of the investigation and any hearings or appeals related to the 156 |
---|
242 | | - | dangerous dog classification or any penalty imposed under this 157 |
---|
243 | | - | section. If a dog is to be destroyed, the dog may not be 158 |
---|
244 | | - | relocated or have its ownership transferred. 159 |
---|
245 | | - | (2) A dog may not be declared dangerous if any of the 160 |
---|
246 | | - | following apply: 161 |
---|
247 | | - | (a) The threat, injury, or damage was sustained by a 162 |
---|
248 | | - | person who, at the time, was unlawfully on the property or who, 163 |
---|
249 | | - | while lawfully on the property, was tormenti ng, abusing, or 164 |
---|
250 | | - | assaulting the dog or its owner or a family member. 165 |
---|
251 | | - | (b) The dog was protecting or defending a human being 166 |
---|
252 | | - | within the immediate vicinity of the dog from an unjustified 167 |
---|
253 | | - | attack or assault. 168 |
---|
254 | | - | (3) After the investigation, the animal control au thority 169 |
---|
255 | | - | shall make an initial determination as to whether there is 170 |
---|
256 | | - | sufficient cause to classify the dog as dangerous and, if 171 |
---|
257 | | - | sufficient cause is found, as to the appropriate penalty under 172 |
---|
258 | | - | subsection (5). The animal control authority shall afford the 173 |
---|
259 | | - | owner an opportunity for a hearing before prior to making a 174 |
---|
260 | | - | final determination regarding the classification or penalty. The 175 |
---|
| 236 | + | the animal control authority must be humanely and safely 151 |
---|
| 237 | + | confined by the owner in a proper enclosure securely fenced or 152 |
---|
| 238 | + | enclosed area. The animal shall be confined in such manner 153 |
---|
| 239 | + | pending the outcome of the investigation and the resolution of 154 |
---|
| 240 | + | any hearings or appeals related to the dangerous dog 155 |
---|
| 241 | + | classification or any penalty imposed under this section. The 156 |
---|
| 242 | + | owner shall provide the address at which the animal resides 157 |
---|
| 243 | + | shall be provided to the animal control authority. A dog that is 158 |
---|
| 244 | + | the subject of a dangerous dog investigation may not be 159 |
---|
| 245 | + | relocated or have its ownership transferred pending the outcome 160 |
---|
| 246 | + | of the investigation and any hearings or appeals related to the 161 |
---|
| 247 | + | dangerous dog classification or any penalty imposed under this 162 |
---|
| 248 | + | section. If a dog is to be destroyed, the dog may not be 163 |
---|
| 249 | + | relocated or have its ownership transferred. 164 |
---|
| 250 | + | (2) A dog may not be declared dangerous if any of the 165 |
---|
| 251 | + | following apply: 166 |
---|
| 252 | + | (a) The threat, injury, or damage was sustained by a 167 |
---|
| 253 | + | person who, at the time, was unlawfully on the property or who, 168 |
---|
| 254 | + | while lawfully on the property, was tormenti ng, abusing, or 169 |
---|
| 255 | + | assaulting the dog or its owner or a family member. 170 |
---|
| 256 | + | (b) The dog was protecting or defending a human being 171 |
---|
| 257 | + | within the immediate vicinity of the dog from an unjustified 172 |
---|
| 258 | + | attack or assault. 173 |
---|
| 259 | + | (3) After the investigation, the animal control au thority 174 |
---|
| 260 | + | shall make an initial determination as to whether there is 175 |
---|
273 | | - | animal control authority shall provide written notification of 176 |
---|
274 | | - | the sufficient cause finding and proposed penalty to the owner 177 |
---|
275 | | - | by registered mail or, certified hand delivery , or service in 178 |
---|
276 | | - | conformance with the provisions of chapter 48 relating to 179 |
---|
277 | | - | service of process. The owner may file a written request for a 180 |
---|
278 | | - | hearing regarding the dangerous dog classification, penalty, or 181 |
---|
279 | | - | both, within 7 calen dar days after receipt of the notification 182 |
---|
280 | | - | of the sufficient cause finding and proposed penalty. If the 183 |
---|
281 | | - | owner requests a hearing, the hearing must shall be held as soon 184 |
---|
282 | | - | as possible, but not later than 21 calendar days and not sooner 185 |
---|
283 | | - | than 5 days after recei pt of the request from the owner. If a 186 |
---|
284 | | - | hearing is not timely requested regarding the dangerous dog 187 |
---|
285 | | - | classification or proposed penalty, the determination of the 188 |
---|
286 | | - | animal control authority as to such matter is shall become 189 |
---|
287 | | - | final. Each applicable local governin g authority shall establish 190 |
---|
288 | | - | hearing procedures that conform to this subsection. 191 |
---|
289 | | - | (4) Upon a dangerous dog classification and penalty 192 |
---|
290 | | - | becoming final after a hearing or by operation of law pursuant 193 |
---|
291 | | - | to subsection (3), the animal control authority shall provi de a 194 |
---|
292 | | - | written final order to the owner by registered mail or, 195 |
---|
293 | | - | certified hand delivery or service. The owner may appeal the 196 |
---|
294 | | - | classification or, penalty, or both, to the circuit court in 197 |
---|
295 | | - | accordance with the Florida Rules of Appellate Procedure after 198 |
---|
296 | | - | receipt of the final order. If the dog is not held by the animal 199 |
---|
297 | | - | control authority, the owner must confine the dog in a proper 200 |
---|
| 273 | + | sufficient cause to classify the dog as dangerous and, if 176 |
---|
| 274 | + | sufficient cause is found, as to the appropriate penalty under 177 |
---|
| 275 | + | subsection (5). The animal control authority shall afford the 178 |
---|
| 276 | + | owner an opportunity for a hearing before prior to making a 179 |
---|
| 277 | + | final determination regarding the classification or penalty. The 180 |
---|
| 278 | + | animal control authority shall provide written notification of 181 |
---|
| 279 | + | the sufficient cause finding and proposed penalty to the owner 182 |
---|
| 280 | + | by registered mail or, certified hand delivery , or service in 183 |
---|
| 281 | + | conformance with the provisions of chapter 48 relating to 184 |
---|
| 282 | + | service of process. The owner may file a written request for a 185 |
---|
| 283 | + | hearing regarding the dangerous dog classification, penalty, or 186 |
---|
| 284 | + | both, within 7 calen dar days after receipt of the notification 187 |
---|
| 285 | + | of the sufficient cause finding and proposed penalty. If the 188 |
---|
| 286 | + | owner requests a hearing, the hearing must shall be held as soon 189 |
---|
| 287 | + | as possible, but not later than 21 calendar days and not sooner 190 |
---|
| 288 | + | than 5 days after recei pt of the request from the owner. If a 191 |
---|
| 289 | + | hearing is not timely requested regarding the dangerous dog 192 |
---|
| 290 | + | classification or proposed penalty, the determination of the 193 |
---|
| 291 | + | animal control authority as to such matter is shall become 194 |
---|
| 292 | + | final. Each applicable local governin g authority shall establish 195 |
---|
| 293 | + | hearing procedures that conform to this subsection. 196 |
---|
| 294 | + | (4) Upon a dangerous dog classification and penalty 197 |
---|
| 295 | + | becoming final after a hearing or by operation of law pursuant 198 |
---|
| 296 | + | to subsection (3), the animal control authority shall do all of 199 |
---|
| 297 | + | the following: 200 |
---|
310 | | - | enclosure securely fenced or enclosed area pending resolution of 201 |
---|
311 | | - | the appeal. Each applicable local governing authority must 202 |
---|
312 | | - | establish appeal procedures that conform to this subsection. 203 |
---|
313 | | - | (5)(a) Except as otherwise provided in paragraph (b), the 204 |
---|
314 | | - | owner of a dog classified as a dangerous dog shall do all of the 205 |
---|
315 | | - | following: 206 |
---|
316 | | - | 1. Upon Within 14 days after issuance of the final order 207 |
---|
317 | | - | classifying the dog as dangerous or the conclusion of any appeal 208 |
---|
318 | | - | that affirms such final order, obtain a certificate of 209 |
---|
319 | | - | registration for the dog from the animal control authority 210 |
---|
320 | | - | serving the area in which he or she resides, and renew the 211 |
---|
321 | | - | certificate annually. Animal cont rol authorities may are 212 |
---|
322 | | - | authorized to issue such certificates of registration, and 213 |
---|
323 | | - | renewals thereof, only to persons who are at least 18 years of 214 |
---|
324 | | - | age and who present to the animal control authority sufficient 215 |
---|
325 | | - | evidence of all of the following : 216 |
---|
326 | | - | a. A current certificate of rabies vaccination for the 217 |
---|
327 | | - | dog. 218 |
---|
328 | | - | b. A proper enclosure to confine the a dangerous dog and 219 |
---|
329 | | - | the posting of the premises with a clearly visible warning sign 220 |
---|
330 | | - | at all entry points which informs both children and adults of 221 |
---|
331 | | - | the presence of a dang erous dog on the property. 222 |
---|
332 | | - | c. Permanent identification of the dog by, such as a 223 |
---|
333 | | - | tattoo on the inside thigh or electronic implantation of a 224 |
---|
334 | | - | microchip. Any person who knowingly and willfully removes a 225 |
---|
| 310 | + | (a) Provide a written final order to the owner by 201 |
---|
| 311 | + | registered mail or, certified hand delivery or service. The 202 |
---|
| 312 | + | owner may appeal the classification or, penalty, or both, to the 203 |
---|
| 313 | + | circuit court in accordance with the Florida Rules of Appel late 204 |
---|
| 314 | + | Procedure after receipt of the final order. If the dog is not 205 |
---|
| 315 | + | held by the animal control authority, the owner must confine the 206 |
---|
| 316 | + | dog in a proper enclosure securely fenced or enclosed area 207 |
---|
| 317 | + | pending resolution of the appeal. Each applicable local 208 |
---|
| 318 | + | governing authority must establish appeal procedures that 209 |
---|
| 319 | + | conform to this paragraph subsection. 210 |
---|
| 320 | + | (b) Provide the information required by s. 767.125(2) to 211 |
---|
| 321 | + | the department for the dangerous dog's inclusion in the 212 |
---|
| 322 | + | statewide Dangerous Dog Registry. 213 |
---|
| 323 | + | (c) If the dog is classified as a dangerous dog due to an 214 |
---|
| 324 | + | incident that caused severe injury to a human being, destroy the 215 |
---|
| 325 | + | dog in an expeditious and humane manner. 216 |
---|
| 326 | + | (5)(a) Except as otherwise provided in paragraph (4)(c) 217 |
---|
| 327 | + | (b), the owner of a dog classified as a dangerous do g shall do 218 |
---|
| 328 | + | all of the following : 219 |
---|
| 329 | + | (a)1. Upon Within 14 days after issuance of the final 220 |
---|
| 330 | + | order classifying the dog as dangerous or the conclusion of any 221 |
---|
| 331 | + | appeal that affirms such final order, obtain a certificate of 222 |
---|
| 332 | + | registration for the dog from the animal control authority 223 |
---|
| 333 | + | serving the area in which he or she resides, and renew the 224 |
---|
| 334 | + | certificate annually. Animal control authorities may are 225 |
---|
347 | | - | microchip implanted pursuant to this sub -subparagraph commits a 226 |
---|
348 | | - | felony of the third degree, punishable as provided in s. 227 |
---|
349 | | - | 775.082, s. 775.083, or s. 775.084 . 228 |
---|
350 | | - | d. The dog having been spayed or neutered. 229 |
---|
351 | | - | e. Liability insurance as required by subparagraph 2. 230 |
---|
352 | | - | 231 |
---|
353 | | - | The appropriate governmental unit may impose an annual fee for 232 |
---|
354 | | - | the issuance of certificates of registration required by this 233 |
---|
355 | | - | section. 234 |
---|
356 | | - | 2. Upon issuance of the final order classifying the dog as 235 |
---|
357 | | - | dangerous or the conclusion of any appeal that affirms such 236 |
---|
358 | | - | final order, obtain liability insurance coverage in an amount of 237 |
---|
359 | | - | at least $100,000 to cover damages resulting from an attack by 238 |
---|
360 | | - | the dangerous dog causing bodily injury to a person and provide 239 |
---|
361 | | - | proof of the required liability insurance coverage to the animal 240 |
---|
362 | | - | control authority for the area in which the dog is kept. 241 |
---|
363 | | - | 3.2. Immediately notify the appropriate animal control 242 |
---|
364 | | - | authority when the dog: 243 |
---|
365 | | - | a. Is loose or unconfined ;. 244 |
---|
366 | | - | b. Has bitten a human being or attacked another animal ;. 245 |
---|
367 | | - | c. Is sold, given away, or dies ; or. 246 |
---|
368 | | - | d. Is moved to another address. 247 |
---|
369 | | - | 4.a. Before selling or giving away the a dangerous dog is 248 |
---|
370 | | - | sold or given away, the owner shall provide the name, address, 249 |
---|
371 | | - | and telephone number of the new owner to the animal control 250 |
---|
| 347 | + | authorized to issue such certificates of registration, and 226 |
---|
| 348 | + | renewals thereof, only to persons who are at least 18 years of 227 |
---|
| 349 | + | age and who present to the animal control authority sufficient 228 |
---|
| 350 | + | evidence of all of the following : 229 |
---|
| 351 | + | 1.a. A current certificate of rabies vaccination for the 230 |
---|
| 352 | + | dog. 231 |
---|
| 353 | + | 2.b. A proper enclosure to confine the a dangerous dog and 232 |
---|
| 354 | + | the posting of the premises with a clearly visible warning sign 233 |
---|
| 355 | + | at all entry points which informs both children and adults of 234 |
---|
| 356 | + | the presence of a dangerous dog on the property. 235 |
---|
| 357 | + | 3.c. Permanent identification of the dog, such as a tattoo 236 |
---|
| 358 | + | on the inside thigh of the dog or electronic implantation of a 237 |
---|
| 359 | + | microchip. 238 |
---|
| 360 | + | 4. The dog having been spayed or neutered. 239 |
---|
| 361 | + | 5. Liability insurance as required by paragraph (b). 240 |
---|
| 362 | + | 241 |
---|
| 363 | + | The appropriate governmental unit may impose an annual fee for 242 |
---|
| 364 | + | the issuance of certificates of registration required by this 243 |
---|
| 365 | + | section. 244 |
---|
| 366 | + | (b) Upon issuance of the final order classifying the dog 245 |
---|
| 367 | + | as dangerous or the conclusion of any appeal that affirms such 246 |
---|
| 368 | + | final order, obtain liability insurance coverage in an amount of 247 |
---|
| 369 | + | at least $100,000 to cover damages resulting from an attack by 248 |
---|
| 370 | + | the dangerous dog causing bodily injury to a person and provide 249 |
---|
| 371 | + | proof of the required liability insurance coverage to the animal 250 |
---|
384 | | - | authority. The new owner must comply with all of the 251 |
---|
385 | | - | requirements of this section and any implementing local 252 |
---|
386 | | - | ordinances, even if the animal is moved from one local 253 |
---|
387 | | - | jurisdiction to another within this the state, and. The animal 254 |
---|
388 | | - | control officer must notify the animal control authority be 255 |
---|
389 | | - | notified by the owner of a dog classified as dangerous that the 256 |
---|
390 | | - | dog is in the authority's his or her jurisdiction. 257 |
---|
391 | | - | b. If the dangerous dog is surrendered to a public or 258 |
---|
392 | | - | private animal shelter, a humane organization, or an animal 259 |
---|
393 | | - | control agency operated by a humane organization or by a county, 260 |
---|
394 | | - | municipality, or other incorporated political subdivision, the 261 |
---|
395 | | - | entity must post signage on the dog's enclosure to inform 262 |
---|
396 | | - | potential adopters that the dog has been declared dangerous and 263 |
---|
397 | | - | inform any adopter of the dog owner's requirements under this 264 |
---|
398 | | - | section. 265 |
---|
399 | | - | 5.3. 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 inte rfere 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 | + | control authority for the area in which the dog is kept. 251 |
---|
| 385 | + | (c)2. Immediately notify the appropriate animal control 252 |
---|
| 386 | + | authority when the dog: 253 |
---|
| 387 | + | 1.a. Is loose or unconfined ;. 254 |
---|
| 388 | + | 2.b. Has bitten a human being or attacked another animal ;. 255 |
---|
| 389 | + | 3.c. Is sold, given away, or dies ; or. 256 |
---|
| 390 | + | 4.d. Is moved to another address. 257 |
---|
| 391 | + | (d) Before selling or giving away the a dangerous dog is 258 |
---|
| 392 | + | sold or given away, the owner shall provide the name, address, 259 |
---|
| 393 | + | and telephone number of the new owner to the animal control 260 |
---|
| 394 | + | authority. The new owner must comply with all of the 261 |
---|
| 395 | + | requirements of this section and any implementing local 262 |
---|
| 396 | + | ordinances, even if the animal is moved from o ne local 263 |
---|
| 397 | + | jurisdiction to another within this the state, and. The animal 264 |
---|
| 398 | + | control officer must notify the animal control authority be 265 |
---|
| 399 | + | notified by the owner of a dog classified as dangerous that the 266 |
---|
| 400 | + | dog is in the authority's his or her jurisdiction. 267 |
---|
| 401 | + | (e)3. Not allow permit the dog to be outside a proper 268 |
---|
| 402 | + | enclosure unless the dog is muzzled and restrained by a 269 |
---|
| 403 | + | substantial chain or leash and under control of a competent 270 |
---|
| 404 | + | person. The muzzle must be made in a manner that will not cause 271 |
---|
| 405 | + | injury to the dog or interfer e with its vision or respiration 272 |
---|
| 406 | + | but will prevent it from biting a person or an animal. The owner 273 |
---|
| 407 | + | may exercise the dog on the owner's property in a proper 274 |
---|
| 408 | + | enclosure securely fenced or enclosed area that does not have a 275 |
---|
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 must 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 legal 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 l aws. 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. Subsections (1) and (2) of section 767.13, 297 |
---|
443 | | - | Florida Statutes, are amended to read: 298 |
---|
444 | | - | 767.13 Attack or bite by dangerous dog; penalties; 299 |
---|
445 | | - | confiscation; destruction. — 300 |
---|
| 421 | + | top, without a muzzle or leash , if the dog remains within the 276 |
---|
| 422 | + | owner's his or her sight and only members of the immediate 277 |
---|
| 423 | + | household or persons 18 years of age or older , if applicable, 278 |
---|
| 424 | + | are allowed in the enclosure when the dog is present. When being 279 |
---|
| 425 | + | transported, such dogs must be safely and sec urely restrained 280 |
---|
| 426 | + | within a vehicle. 281 |
---|
| 427 | + | (b) If a dog is classified as a dangerous dog due to an 282 |
---|
| 428 | + | incident that causes severe injury to a human being, based upon 283 |
---|
| 429 | + | the nature and circumstances of the injury and the likelihood of 284 |
---|
| 430 | + | a future threat to the public safe ty, health, and welfare, the 285 |
---|
| 431 | + | dog may be destroyed in an expeditious and humane manner . 286 |
---|
| 432 | + | (6) Hunting dogs are exempt from this section when engaged 287 |
---|
| 433 | + | in any legal hunt or training procedure. Dogs engaged in 288 |
---|
| 434 | + | training or exhibiting in legal sports such as obed ience trials, 289 |
---|
| 435 | + | conformation shows, field trials, hunting/retrieving trials, and 290 |
---|
| 436 | + | herding trials are exempt from this section when engaged in any 291 |
---|
| 437 | + | legal procedures. However, such dogs at all other times in all 292 |
---|
| 438 | + | other respects are subject to this and local laws. Dogs that 293 |
---|
| 439 | + | have been classified as dangerous may not be used for hunting 294 |
---|
| 440 | + | purposes. 295 |
---|
| 441 | + | (7) A person who violates any provision of this section 296 |
---|
| 442 | + | commits a noncriminal infraction, punishable by a fine not to 297 |
---|
| 443 | + | exceed $1,000 per violation $500. 298 |
---|
| 444 | + | Section 6. Section 767.125, Florida Statutes, is created 299 |
---|
| 445 | + | to read: 300 |
---|
458 | | - | (1) If a dog that has previously been declared dangerous 301 |
---|
459 | | - | attacks or bites a person or a dom estic animal without 302 |
---|
460 | | - | provocation, the owner commits is guilty of a misdemeanor of the 303 |
---|
461 | | - | first degree, punishable as provided in s. 775.082 or s. 304 |
---|
462 | | - | 775.083. In addition, The dangerous dog must shall be 305 |
---|
463 | | - | immediately confiscated by an animal control authority ;, placed 306 |
---|
464 | | - | in quarantine, if necessary, for the proper length of time ;, or 307 |
---|
465 | | - | impounded; and held for 10 business days after the owner is 308 |
---|
466 | | - | given written notification under s. 767.12, and thereafter 309 |
---|
467 | | - | destroyed in an expeditious and humane manner. This 10-day time 310 |
---|
468 | | - | period shall allow The owner may to request a hearing under s. 311 |
---|
469 | | - | 767.12 during the 10 business days after such notification . The 312 |
---|
470 | | - | owner is shall be responsible for payment of all boarding costs 313 |
---|
471 | | - | and other fees as may be required to humanely and safely keep 314 |
---|
472 | | - | the animal during any appeal procedure. 315 |
---|
473 | | - | (2) If a dog that has previously been declared dangerous 316 |
---|
474 | | - | attacks and causes severe injury to or death of any human, the 317 |
---|
475 | | - | owner commits is guilty of a felony of the third degree, 318 |
---|
476 | | - | punishable as provided in s. 775.082, s. 775 .083, or s. 775.084. 319 |
---|
477 | | - | In addition, The dog must shall be immediately confiscated by an 320 |
---|
478 | | - | animal control authority ;, placed in quarantine, if necessary, 321 |
---|
479 | | - | for the proper length of time ; impounded; and or held for 10 322 |
---|
480 | | - | business days after the owner is given written notification 323 |
---|
481 | | - | under s. 767.12, and thereafter destroyed in an expeditious and 324 |
---|
482 | | - | humane manner. This 10-day time period shall allow The owner may 325 |
---|
| 458 | + | 767.125 Statewide Dangerous Dog Registry. — 301 |
---|
| 459 | + | (1) The department shall create and maintain a statewide 302 |
---|
| 460 | + | Dangerous Dog Registry that provides the public with a 303 |
---|
| 461 | + | searchable online statewide database of do gs that have been 304 |
---|
| 462 | + | declared dangerous by local animal control authorities. 305 |
---|
| 463 | + | (2) Each animal control authority shall, at a minimum, 306 |
---|
| 464 | + | report all of the following information regarding a dangerous 307 |
---|
| 465 | + | dog within its jurisdiction to the department for inclusion in 308 |
---|
| 466 | + | the registry: 309 |
---|
| 467 | + | (a) A current certificate of rabies vaccination for the 310 |
---|
| 468 | + | dog. 311 |
---|
| 469 | + | (b) Evidence of a proper enclosure within which the 312 |
---|
| 470 | + | dangerous dog will be confined and of the posting on the 313 |
---|
| 471 | + | premises of a clearly visible warning sign at all entry points 314 |
---|
| 472 | + | which informs both children and adults of the presence of a 315 |
---|
| 473 | + | dangerous dog on the property. 316 |
---|
| 474 | + | (c) Evidence of permanent identification, such as a tattoo 317 |
---|
| 475 | + | on the inside thigh of the dog or implantation of a microchip. 318 |
---|
| 476 | + | (d) Evidence of the dog having been spayed o r neutered. 319 |
---|
| 477 | + | (e) Evidence that the owner has obtained the required 320 |
---|
| 478 | + | liability insurance. 321 |
---|
| 479 | + | (f) The dog's name and a photograph of the dog. 322 |
---|
| 480 | + | (g) The county in which the dog is located. 323 |
---|
| 481 | + | (h) The owner's name and address. 324 |
---|
| 482 | + | (3) The department shall adopt ru les to administer this 325 |
---|
495 | | - | to request a hearing under s. 767.12 during the 10 business days 326 |
---|
496 | | - | after such notification . The owner is shall be responsible for 327 |
---|
497 | | - | payment of all boarding costs and other fees as may be required 328 |
---|
498 | | - | to humanely and safely keep the animal during any appeal 329 |
---|
499 | | - | procedure. 330 |
---|
500 | | - | Section 7. Section 767.135, Florida Statutes, is amended 331 |
---|
501 | | - | to read: 332 |
---|
502 | | - | 767.135 Attack or bite by unclassified dog that causes 333 |
---|
503 | | - | death; confiscation; destruction. —If a dog that has not been 334 |
---|
504 | | - | declared dangerous attacks and causes the death of a human, the 335 |
---|
505 | | - | dog must shall be immediately confiscated by an animal control 336 |
---|
506 | | - | authority;, placed in quarantine, if necessary, for the proper 337 |
---|
507 | | - | length of time; impounded; and or held for 10 business days 338 |
---|
508 | | - | after the owner is given written notification under s. 767.12, 339 |
---|
509 | | - | and thereafter destroyed in an expeditious and humane manner. 340 |
---|
510 | | - | This 10-day time period shall allow The owner may to request a 341 |
---|
511 | | - | hearing under s. 767.12 during the 10 business days after such 342 |
---|
512 | | - | notification. If the owner files a written appeal under s. 343 |
---|
513 | | - | 767.12 or this section, the dog must be held and may not be 344 |
---|
514 | | - | destroyed while the appeal is pending. The owner is responsible 345 |
---|
515 | | - | for payment of all boarding costs and other fees as may be 346 |
---|
516 | | - | required to humanely and safely keep the animal during any 347 |
---|
517 | | - | appeal procedure. 348 |
---|
518 | | - | Section 8. Subsection (1) of section 767.136, Florida 349 |
---|
519 | | - | Statutes, is amended to read: 350 |
---|
| 495 | + | section. 326 |
---|
| 496 | + | Section 7. Subsections (1) and (2) of section 767.13, 327 |
---|
| 497 | + | Florida Statutes, are amended to read: 328 |
---|
| 498 | + | 767.13 Attack or bite by dangerous dog; penalties; 329 |
---|
| 499 | + | confiscation; destruction. — 330 |
---|
| 500 | + | (1) If a dog that has previously been declared dangerous 331 |
---|
| 501 | + | attacks or bites a person or a domestic animal without 332 |
---|
| 502 | + | provocation, the owner commits is guilty of a misdemeanor of the 333 |
---|
| 503 | + | first degree, punishable as provided in s. 775.082 or s. 334 |
---|
| 504 | + | 775.083. In addition, The dangerous dog must shall be 335 |
---|
| 505 | + | immediately confiscated by an animal control authority ;, placed 336 |
---|
| 506 | + | in quarantine, if necessary, for the proper length of time ;, or 337 |
---|
| 507 | + | impounded; and held for 10 business days after the owner is 338 |
---|
| 508 | + | given written notification under s. 767.12, and thereafter 339 |
---|
| 509 | + | destroyed in an expeditious and humane manner. This 10-day time 340 |
---|
| 510 | + | period shall allow The owner may to request a hearing under s. 341 |
---|
| 511 | + | 767.12 during the 10 business days after such notification . The 342 |
---|
| 512 | + | owner is shall be responsible for payment of all boarding costs 343 |
---|
| 513 | + | and other fees as may be required to humanely and safely keep 344 |
---|
| 514 | + | the animal during any appeal procedure. 345 |
---|
| 515 | + | (2) If a dog that has previously been declared dangerous 346 |
---|
| 516 | + | attacks and causes severe injury to or death of any human, the 347 |
---|
| 517 | + | owner commits is guilty of a felony of the third degree, 348 |
---|
| 518 | + | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 349 |
---|
| 519 | + | In addition, The dog must shall be immediately confiscated by an 350 |
---|
532 | | - | 767.136 Attack or bite by unclassified dog that causes 351 |
---|
533 | | - | severe injury or death; penalties. — 352 |
---|
534 | | - | (1) If a dog that has not been declared dangerous attacks 353 |
---|
535 | | - | and causes severe injury to, or the death of, a human, and the 354 |
---|
536 | | - | owner of the dog had knowledge of the dog's dangerous 355 |
---|
537 | | - | propensities, yet failed to secure the dog in a proper enclosure 356 |
---|
538 | | - | pursuant to s. 767.01(2) demonstrated a reckless disregard for 357 |
---|
539 | | - | such propensities under the circumstances , the owner of the dog 358 |
---|
540 | | - | commits a misdemeanor of the second degree, punishable as 359 |
---|
541 | | - | provided in s. 775.082 or s. 775.083. 360 |
---|
542 | | - | Section 9. This act shall take effect July 1, 2025. 361 |
---|
| 532 | + | animal control authority ;, placed in quarantine, if necessary, 351 |
---|
| 533 | + | for the proper length of time; impounded; and or held for 10 352 |
---|
| 534 | + | business days after the owner is given written notification 353 |
---|
| 535 | + | under s. 767.12, and thereafter destroyed in an expeditious and 354 |
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| 536 | + | humane manner. This 10-day time period shall allow The owner may 355 |
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| 537 | + | to request a hearing under s. 767.12 during the 10 business days 356 |
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| 538 | + | after such notification . The owner is shall be responsible for 357 |
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| 539 | + | payment of all boarding costs and other fees as may be required 358 |
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| 540 | + | to humanely and safely keep the animal during any appeal 359 |
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| 541 | + | procedure. 360 |
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| 542 | + | Section 8. Section 767.135, Florida Statutes, is amended 361 |
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| 543 | + | to read: 362 |
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| 544 | + | 767.135 Attack or bite by unclassified dog that causes 363 |
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| 545 | + | death; confiscation; destruction. —If a dog that has not been 364 |
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| 546 | + | declared dangerous attacks and causes the death of a human, the 365 |
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| 547 | + | dog must shall be immediately confiscated by an animal control 366 |
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| 548 | + | authority;, placed in quarantine, if necessary, for the proper 367 |
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| 549 | + | length of time; impounded; and or held for 10 business days 368 |
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| 550 | + | after the owner is given written notification under s. 767.12, 369 |
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| 551 | + | and thereafter destroyed i n an expeditious and humane manner. 370 |
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| 552 | + | This 10-day time period shall allow The owner may to request a 371 |
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| 553 | + | hearing under s. 767.12 during the 10 business days after such 372 |
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| 554 | + | notification. If the owner files a written appeal under s. 373 |
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| 555 | + | 767.12 or this section, the dog mus t be held and may not be 374 |
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| 556 | + | destroyed while the appeal is pending. The owner is responsible 375 |
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| 557 | + | |
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| 558 | + | HB 593 2025 |
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| 559 | + | |
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| 560 | + | |
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| 561 | + | |
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| 562 | + | CODING: Words stricken are deletions; words underlined are additions. |
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| 563 | + | hb593-00 |
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| 564 | + | Page 16 of 16 |
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| 565 | + | 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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| 566 | + | |
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| 567 | + | |
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| 568 | + | |
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| 569 | + | for payment of all boarding costs and other fees as may be 376 |
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| 570 | + | required to humanely and safely keep the animal during any 377 |
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| 571 | + | appeal procedure. 378 |
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| 572 | + | Section 9. Subsection (1) o f section 767.136, Florida 379 |
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| 573 | + | Statutes, is amended to read: 380 |
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| 574 | + | 767.136 Attack or bite by unclassified dog that causes 381 |
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| 575 | + | severe injury or death; penalties. — 382 |
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| 576 | + | (1) If a dog that has not been declared dangerous attacks 383 |
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| 577 | + | and causes severe injury to, or the death of, a human, and the 384 |
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| 578 | + | owner of the dog had knowledge of the dog's dangerous 385 |
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| 579 | + | propensities, yet failed to secure the dog in a proper enclosure 386 |
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| 580 | + | pursuant to s. 767.01(2) demonstrated a reckless disregard for 387 |
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| 581 | + | such propensities under the circumstances , the owner of the dog 388 |
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| 582 | + | commits a misdemeanor of the second degree, punishable as 389 |
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| 583 | + | provided in s. 775.082 or s. 775.083. 390 |
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| 584 | + | Section 10. This act shall take effect July 1, 2025. 391 |
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