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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to dangerous dogs; providing a short 2
title; amending s. 767.01, F.S.; requiring certain dog 3
owners to securely confine their dogs in a proper 4
enclosure; amending s. 767.10, F.S.; revising 5
legislative findings relating to dangerous dogs; 6
amending s. 767.11, F.S.; revising definitions; 7
amending s. 767.12, F.S.; requiring, rather than 8
authorizing, that dogs subject to certain dangerous 9
dog investigations be confiscated, impounded, and 10
held; requiring, rather than authorizing, that such 11
dogs be held until the completion of certain actions; 12
revising the circumstances under which an owner is 13
responsible for paying certain costs and fees; 14
requiring that certain dogs not impounded be confined 15
in a proper enclosure by the owner; revising the 16
information that the owner of a dog classified as a 17
dangerous dog is required to provide to an animal 18
control authority; requiring microchipping of dog 19
classified as a dangerous dog; providing a penalty for 20
knowingly and willfully removing a microchip; 21
requiring the owner of a dog classified as a dangerous 22
dog to obtain dangerous dog liability insurance 23
coverage; providing requirements for such insurance; 24
requiring an animal shelter or animal control agency 25
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operated by a humane society or local government to 26
provide specified information to potential adopters; 27
revising the civil penalty for violations; amending 28
ss. 767.13 and 767.135, F.S.; conforming provisions to 29
changes made by the act; amending s. 767.136, F.S.; 30
revising the circumstances under which the owner of a 31
dog that has not been declared dangerous is liable for 32
such dog's severe injury to, or the death of, a human; 33
providing an effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. This act may be cited as the "Pam Rock Act." 38
Section 2. Section 767.01, Florida Statutes, is amended to 39
read: 40
767.01 Dog owner's liability for damages to persons, 41
domestic animals, or livestock. — 42
(1) A dog owner is Owners of dogs shall be liable for any 43
damage done by the owner's dog their dogs to a person or to any 44
animal included in the definitions of "domestic animal" and 45
"livestock" as provided by s. 585.01. 46
(2) If a dog owner has knowledge of the dog's dangerous 47
propensities, the owner must securely confine the dog in a 48
proper enclosure as defined in s. 767.11. 49
Section 3. Section 767.10, Florida Statutes, is amended to 50
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read: 51
767.10 Legislative findings. —The Legislature finds that 52
dangerous dogs are an increasingly serious and widespread threat 53
to the safety and welfare of the people of this state because of 54
unprovoked attacks which cause injury to persons and domestic 55
animals; that such attacks are in part attributable to the 56
failure of owners to confine and properly train and control 57
their dogs; that existing laws inade quately address this growing 58
problem; and that it is appropriate and necessary to impose 59
uniform requirements for dog the owners of dangerous dogs. 60
Section 4. Section 767.11, Florida Statutes, is reordered 61
and amended to read: 62
767.11 Definitions. —As used in this part act, unless the 63
context clearly requires otherwise: 64
(1)(5) "Animal control authority" means an entity acting 65
alone or in concert with other local governmental units and 66
authorized by them to enforce the animal control laws of the 67
city, county, or state. In those areas not served by an animal 68
control authority, the sheriff shall carry out the duties of the 69
animal control authority under this part act. 70
(2)(6) "Animal control officer" means any individual 71
employed, contracted with, or app ointed by the animal control 72
authority for the purpose of aiding in the enforcement of this 73
part act or any other law or ordinance relating to the licensure 74
of animals, control of animals, or seizure and impoundment of 75
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animals and includes any state or loc al law enforcement officer 76
or other employee whose duties in whole or in part include 77
assignments that involve the seizure and impoundment of an any 78
animal. 79
(3)(1) "Dangerous dog" means a any dog that according to 80
the records of the appropriate authority : 81
(a) Has aggressively bitten, attacked, or endangered or 82
has inflicted severe injury on a human being on public or 83
private property; 84
(b) Has more than once severely injured or killed a 85
domestic animal while off the owner's property; or 86
(c) Has, when unprovoked, chased or approached a person 87
upon the streets, sidewalks, or any public grounds in a menacing 88
fashion or apparent attitude of attack, provided that such 89
actions are attested to in a sworn statement by one or more 90
persons and dutifully investi gated by the appropriate authority. 91
(4)(7) "Owner" means a any person, a firm, a corporation, 92
or an organization possessing, harboring, keeping, or having 93
control or custody of an animal or, if the animal is owned by a 94
person under the age of 18 years of age or younger, that 95
person's parent or guardian. 96
(5)(4) "Proper enclosure of a dangerous dog" means, while 97
on the owner's property, a dangerous dog is securely confined : 98
(a) Indoors; 99
(b) In a locked, fenced yard, suitable to prevent the 100
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entry of young children and designed to prevent the dog from 101
escaping over, under, or through the fence; or 102
(c) In a securely enclosed and locked pen or structure, 103
suitable to prevent the entry of young children and designed to 104
prevent the dog animal from escaping. The Such pen or structure 105
must shall have secure sides and a secure top to prevent the dog 106
from escaping over, under, or through the structure and must 107
shall also provide protection from the elements. 108
(6)(3) "Severe injury" means any physical injury tha t 109
results in broken bones, multiple bites, or disfiguring 110
lacerations requiring sutures or reconstructive surgery. 111
(7)(2) "Unprovoked" means that the victim who has been 112
conducting himself or herself peacefully and lawfully has been 113
bitten or chased in a menacing fashion or attacked by a dog. 114
Section 5. Section 767.12, Florida Statutes, is amended to 115
read: 116
767.12 Classification of dogs as dangerous; owner 117
requirements; penalty certification of registration; notice and 118
hearing requirements; confineme nt of animal; exemption; appeals; 119
unlawful acts.— 120
(1) An animal control authority shall investigate reported 121
incidents involving any dog that may be dangerous and, if 122
possible, shall interview the owner and require a sworn 123
affidavit from any person, incl uding any animal control officer 124
or enforcement officer, desiring to have a dog classified as 125
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dangerous. 126
(a) An animal that is the subject of a dangerous dog 127
investigation for behavior described in s. 767.11(3)(a) or (c) 128
must because of severe injury to a human being may be 129
immediately confiscated by an animal control authority ;, placed 130
in quarantine, if necessary, for the proper length of time ;, or 131
impounded; and held. The animal must may be held pending the 132
outcome of the investigation and any hearings or appeals related 133
to the dangerous dog classification or any penalty imposed under 134
this section. If the dog is to be destroyed, the dog may not be 135
destroyed while an appeal is pending. The owner is responsible 136
for payment of all boarding costs and other f ees as may be 137
required to humanely and safely keep the animal pending any 138
hearing or appeal, unless it is determined that the dog is not 139
dangerous. 140
(b) An animal that is the subject of a dangerous dog 141
investigation for behavior described in s. 767.11(3)( b) may be 142
immediately confiscated by an animal control authority; placed 143
in quarantine, if necessary, for the proper length of time; or 144
impounded and held. An animal that which is not impounded with 145
the animal control authority must be humanely and safely 146
confined by the owner in a proper enclosure securely fenced or 147
enclosed area. The animal shall be confined in such manner 148
pending the outcome of the investigation and the resolution of 149
any hearings or appeals related to the dangerous dog 150
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classification or any penalty imposed under this section. The 151
owner shall provide the address at which the animal resides 152
shall be provided to the animal control authority. A dog that is 153
the subject of a dangerous dog investigation may not be 154
relocated or have its ownership transferred pending the outcome 155
of the investigation and any hearings or appeals related to the 156
dangerous dog classification or any penalty imposed under this 157
section. If a dog is to be destroyed, the dog may not be 158
relocated or have its ownership transferred. 159
(2) A dog may not be declared dangerous if any of the 160
following apply: 161
(a) The threat, injury, or damage was sustained by a 162
person who, at the time, was unlawfully on the property or who, 163
while lawfully on the property, was tormenti ng, abusing, or 164
assaulting the dog or its owner or a family member. 165
(b) The dog was protecting or defending a human being 166
within the immediate vicinity of the dog from an unjustified 167
attack or assault. 168
(3) After the investigation, the animal control au thority 169
shall make an initial determination as to whether there is 170
sufficient cause to classify the dog as dangerous and, if 171
sufficient cause is found, as to the appropriate penalty under 172
subsection (5). The animal control authority shall afford the 173
owner an opportunity for a hearing before prior to making a 174
final determination regarding the classification or penalty. The 175
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animal control authority shall provide written notification of 176
the sufficient cause finding and proposed penalty to the owner 177
by registered mail or, certified hand delivery , or service in 178
conformance with the provisions of chapter 48 relating to 179
service of process. The owner may file a written request for a 180
hearing regarding the dangerous dog classification, penalty, or 181
both, within 7 calen dar days after receipt of the notification 182
of the sufficient cause finding and proposed penalty. If the 183
owner requests a hearing, the hearing must shall be held as soon 184
as possible, but not later than 21 calendar days and not sooner 185
than 5 days after recei pt of the request from the owner. If a 186
hearing is not timely requested regarding the dangerous dog 187
classification or proposed penalty, the determination of the 188
animal control authority as to such matter is shall become 189
final. Each applicable local governin g authority shall establish 190
hearing procedures that conform to this subsection. 191
(4) Upon a dangerous dog classification and penalty 192
becoming final after a hearing or by operation of law pursuant 193
to subsection (3), the animal control authority shall provi de a 194
written final order to the owner by registered mail or, 195
certified hand delivery or service. The owner may appeal the 196
classification or, penalty, or both, to the circuit court in 197
accordance with the Florida Rules of Appellate Procedure after 198
receipt of the final order. If the dog is not held by the animal 199
control authority, the owner must confine the dog in a proper 200
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enclosure securely fenced or enclosed area pending resolution of 201
the appeal. Each applicable local governing authority must 202
establish appeal procedures that conform to this subsection. 203
(5)(a) Except as otherwise provided in paragraph (b), the 204
owner of a dog classified as a dangerous dog shall do all of the 205
following: 206
1. Upon Within 14 days after issuance of the final order 207
classifying the dog as dangerous or the conclusion of any appeal 208
that affirms such final order, obtain a certificate of 209
registration for the dog from the animal control authority 210
serving the area in which he or she resides, and renew the 211
certificate annually. Animal cont rol authorities may are 212
authorized to issue such certificates of registration, and 213
renewals thereof, only to persons who are at least 18 years of 214
age and who present to the animal control authority sufficient 215
evidence of all of the following : 216
a. A current certificate of rabies vaccination for the 217
dog. 218
b. A proper enclosure to confine the a dangerous dog and 219
the posting of the premises with a clearly visible warning sign 220
at all entry points which informs both children and adults of 221
the presence of a dang erous dog on the property. 222
c. Permanent identification of the dog by, such as a 223
tattoo on the inside thigh or electronic implantation of a 224
microchip. Any person who knowingly and willfully removes a 225
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microchip implanted pursuant to this sub -subparagraph commits a 226
felony of the third degree, punishable as provided in s. 227
775.082, s. 775.083, or s. 775.084 . 228
d. The dog having been spayed or neutered. 229
e. Liability insurance as required by subparagraph 2. 230
231
The appropriate governmental unit may impose an annual fee for 232
the issuance of certificates of registration required by this 233
section. 234
2. Upon issuance of the final order classifying the dog as 235
dangerous or the conclusion of any appeal that affirms such 236
final order, obtain liability insurance coverage in an amount of 237
at least $100,000 to cover damages resulting from an attack by 238
the dangerous dog causing bodily injury to a person and provide 239
proof of the required liability insurance coverage to the animal 240
control authority for the area in which the dog is kept. 241
3.2. Immediately notify the appropriate animal control 242
authority when the dog: 243
a. Is loose or unconfined ;. 244
b. Has bitten a human being or attacked another animal ;. 245
c. Is sold, given away, or dies ; or. 246
d. Is moved to another address. 247
4.a. Before selling or giving away the a dangerous dog is 248
sold or given away, the owner shall provide the name, address, 249
and telephone number of the new owner to the animal control 250
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authority. The new owner must comply with all of the 251
requirements of this section and any implementing local 252
ordinances, even if the animal is moved from one local 253
jurisdiction to another within this the state, and. The animal 254
control officer must notify the animal control authority be 255
notified by the owner of a dog classified as dangerous that the 256
dog is in the authority's his or her jurisdiction. 257
b. If the dangerous dog is surrendered to a public or 258
private animal shelter, a humane organization, or an animal 259
control agency operated by a humane organization or by a county, 260
municipality, or other incorporated political subdivision, the 261
entity must post signage on the dog's enclosure to inform 262
potential adopters that the dog has been declared dangerous and 263
inform any adopter of the dog owner's requirements under this 264
section. 265
5.3. Not allow permit the dog to be outside a proper 266
enclosure unless the dog is muzzled and restrained by a 267
substantial chain or leash and under control of a competent 268
person. The muzzle must be made in a manner that will not cause 269
injury to the dog or inte rfere with its vision or respiration 270
but will prevent it from biting a person or an animal. The owner 271
may exercise the dog on the owner's property in a proper 272
enclosure securely fenced or enclosed area that does not have a 273
top, without a muzzle or leash , if the dog remains within the 274
owner's his or her sight and only members of the immediate 275
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household or persons 18 years of age or older , if applicable, 276
are allowed in the enclosure when the dog is present. When being 277
transported, such dogs must be safely and securely restrained 278
within a vehicle. 279
(b) If a dog is classified as a dangerous dog due to an 280
incident that causes severe injury to a human being, based upon 281
the nature and circumstances of the injury and the likelihood of 282
a future threat to the public safety, health, and welfare, the 283
dog may be destroyed in an expeditious and humane manner. 284
(6) Hunting dogs are exempt from this section when engaged 285
in any legal hunt or training procedure. Dogs engaged in 286
training or exhibiting in legal sports such as obedience trials, 287
conformation shows, field trials, hunting/retrieving trials, and 288
herding trials are exempt from this section when engaged in any 289
legal procedures. However, such dogs at all other times in all 290
other respects are subject to this and local l aws. Dogs that 291
have been classified as dangerous may not be used for hunting 292
purposes. 293
(7) A person who violates any provision of this section 294
commits a noncriminal infraction, punishable by a fine not to 295
exceed $1,000 per violation $500. 296
Section 6. Subsections (1) and (2) of section 767.13, 297
Florida Statutes, are amended to read: 298
767.13 Attack or bite by dangerous dog; penalties; 299
confiscation; destruction. — 300
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(1) If a dog that has previously been declared dangerous 301
attacks or bites a person or a dom estic animal without 302
provocation, the owner commits is guilty of a misdemeanor of the 303
first degree, punishable as provided in s. 775.082 or s. 304
775.083. In addition, The dangerous dog must shall be 305
immediately confiscated by an animal control authority ;, placed 306
in quarantine, if necessary, for the proper length of time ;, or 307
impounded; and held for 10 business days after the owner is 308
given written notification under s. 767.12, and thereafter 309
destroyed in an expeditious and humane manner. This 10-day time 310
period shall allow The owner may to request a hearing under s. 311
767.12 during the 10 business days after such notification . The 312
owner is shall be responsible for payment of all boarding costs 313
and other fees as may be required to humanely and safely keep 314
the animal during any appeal procedure. 315
(2) If a dog that has previously been declared dangerous 316
attacks and causes severe injury to or death of any human, the 317
owner commits is guilty of a felony of the third degree, 318
punishable as provided in s. 775.082, s. 775 .083, or s. 775.084. 319
In addition, The dog must shall be immediately confiscated by an 320
animal control authority ;, placed in quarantine, if necessary, 321
for the proper length of time ; impounded; and or held for 10 322
business days after the owner is given written notification 323
under s. 767.12, and thereafter destroyed in an expeditious and 324
humane manner. This 10-day time period shall allow The owner may 325
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to request a hearing under s. 767.12 during the 10 business days 326
after such notification . The owner is shall be responsible for 327
payment of all boarding costs and other fees as may be required 328
to humanely and safely keep the animal during any appeal 329
procedure. 330
Section 7. Section 767.135, Florida Statutes, is amended 331
to read: 332
767.135 Attack or bite by unclassified dog that causes 333
death; confiscation; destruction. —If a dog that has not been 334
declared dangerous attacks and causes the death of a human, the 335
dog must shall be immediately confiscated by an animal control 336
authority;, placed in quarantine, if necessary, for the proper 337
length of time; impounded; and or held for 10 business days 338
after the owner is given written notification under s. 767.12, 339
and thereafter destroyed in an expeditious and humane manner. 340
This 10-day time period shall allow The owner may to request a 341
hearing under s. 767.12 during the 10 business days after such 342
notification. If the owner files a written appeal under s. 343
767.12 or this section, the dog must be held and may not be 344
destroyed while the appeal is pending. The owner is responsible 345
for payment of all boarding costs and other fees as may be 346
required to humanely and safely keep the animal during any 347
appeal procedure. 348
Section 8. Subsection (1) of section 767.136, Florida 349
Statutes, is amended to read: 350
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767.136 Attack or bite by unclassified dog that causes 351
severe injury or death; penalties. — 352
(1) If a dog that has not been declared dangerous attacks 353
and causes severe injury to, or the death of, a human, and the 354
owner of the dog had knowledge of the dog's dangerous 355
propensities, yet failed to secure the dog in a proper enclosure 356
pursuant to s. 767.01(2) demonstrated a reckless disregard for 357
such propensities under the circumstances , the owner of the dog 358
commits a misdemeanor of the second degree, punishable as 359
provided in s. 775.082 or s. 775.083. 360
Section 9. This act shall take effect July 1, 2025. 361