Florida 2025 2025 Regular Session

Florida Senate Bill S0572 Comm Sub / Bill

Filed 04/02/2025

 Florida Senate - 2025 CS for SB 572  By the Committee on Judiciary; and Senators Collins and Wright 590-03178-25 2025572c1 1 A bill to be entitled 2 An act relating to dangerous dogs; providing a short 3 title; amending s. 767.01, F.S.; requiring certain dog 4 owners to securely confine their dogs in a proper 5 enclosure; amending s. 767.10, F.S.; revising 6 legislative findings relating to dangerous dogs; 7 reordering and amending s. 767.11, F.S.; revising 8 definitions; amending s. 767.12, F.S.; requiring, 9 rather than authorizing, that dogs subject to certain 10 dangerous dog investigations be confiscated, 11 impounded, and held; requiring, rather than 12 authorizing, that such dogs be held until the 13 completion of certain actions; revising the 14 circumstances under which an owner is responsible for 15 paying certain costs and fees; requiring that certain 16 dogs not impounded be confined in a proper enclosure 17 by the owner; revising the information that the owner 18 of a dog classified as a dangerous dog is required to 19 provide to an animal control authority; requiring 20 microchipping of a dog classified as a dangerous dog; 21 providing a penalty for knowingly and willfully 22 removing a microchip; authorizing animal control 23 authority to issue certain certificates of 24 registration to certain persons if certain conditions 25 have been met, including spaying or neutering the dog; 26 requiring the owner of a dog classified as a dangerous 27 dog to obtain dangerous dog liability insurance 28 coverage; providing requirements for such insurance; 29 requiring an animal shelter, a humane organization, or 30 certain animal control agencies to provide specified 31 information to potential adopters; revising exercise 32 requirements; revising the civil penalty for 33 violations; amending ss. 767.13 and 767.135, F.S.; 34 making technical changes; conforming provisions to 35 changes made by the act; amending s. 767.136, F.S.; 36 revising the circumstances under which the owner of a 37 dog that has not been declared dangerous is liable for 38 such dogs severe injury to, or the death of, a human; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.This act may be cited as the Pam Rock Act. 44 Section 2.Section 767.01, Florida Statutes, is amended to 45 read: 46 767.01Dog owners liability for damages to persons, 47 domestic animals, or livestock. 48 (1)A dog owner is Owners of dogs shall be liable for any 49 damage done by the owners dog their dogs to a person or to any 50 animal included in the definitions of domestic animal and 51 livestock as provided by s. 585.01. 52 (2)If a dog owner has knowledge of the dogs dangerous 53 propensities, the owner must securely confine the dog in a 54 proper enclosure as defined in s. 767.11. 55 Section 3.Section 767.10, Florida Statutes, is amended to 56 read: 57 767.10Legislative findings.The Legislature finds that 58 dangerous dogs are an increasingly serious and widespread threat 59 to the safety and welfare of the people of this state because of 60 unprovoked attacks which cause injury to persons and domestic 61 animals; that such attacks are in part attributable to the 62 failure of owners to confine and properly train and control 63 their dogs; that existing laws inadequately address this growing 64 problem; and that it is appropriate and necessary to impose 65 uniform requirements for dog the owners of dangerous dogs. 66 Section 4.Section 767.11, Florida Statutes, is reordered 67 and amended to read: 68 767.11Definitions.As used in this part act, unless the 69 context clearly requires otherwise: 70 (3)(1)Dangerous dog means a any dog that according to 71 the records of the appropriate authority: 72 (a)Has aggressively bitten, attacked, or endangered or has 73 inflicted severe injury on a human being on public or private 74 property; 75 (b)Has more than once severely injured or killed a 76 domestic animal while off the owners property; or 77 (c)Has, when unprovoked, chased or approached a person 78 upon the streets, sidewalks, or any public grounds in a menacing 79 fashion or apparent attitude of attack, provided that such 80 actions are attested to in a sworn statement by one or more 81 persons and dutifully investigated by the appropriate authority. 82 (7)(2)Unprovoked means that the victim who has been 83 conducting himself or herself peacefully and lawfully has been 84 bitten or chased in a menacing fashion or attacked by a dog. 85 (6)(3)Severe injury means any physical injury that 86 results in broken bones, multiple bites, or disfiguring 87 lacerations requiring sutures or reconstructive surgery. 88 (5)(4)Proper enclosure of a dangerous dog means, while 89 on the owners property, a dangerous dog is securely confined: 90 (a)Indoors; 91 (b)In a locked, fenced yard, suitable to prevent the entry 92 of young children and designed to prevent the dog from escaping 93 over, under, or through the fence; or 94 (c)In a securely enclosed and locked pen or structure, 95 suitable to prevent the entry of young children and designed to 96 prevent the dog animal from escaping. The Such pen or structure 97 must shall have secure sides and a secure top to prevent the dog 98 from escaping over, under, or through the structure and must 99 shall also provide protection from the elements. 100 (1)(5)Animal control authority means an entity acting 101 alone or in concert with other local governmental units and 102 authorized by them to enforce the animal control laws of the 103 city, county, or state. In those areas not served by an animal 104 control authority, the sheriff shall carry out the duties of the 105 animal control authority under this part act. 106 (2)(6)Animal control officer means any individual 107 employed, contracted with, or appointed by the animal control 108 authority for the purpose of aiding in the enforcement of this 109 part act or any other law or ordinance relating to the licensure 110 of animals, control of animals, or seizure and impoundment of 111 animals and includes any state or local law enforcement officer 112 or other employee whose duties in whole or in part include 113 assignments that involve the seizure and impoundment of an any 114 animal. 115 (4)(7)Owner means a any person, a firm, a corporation, 116 or an organization possessing, harboring, keeping, or having 117 control or custody of an animal or, if the animal is owned by a 118 person under the age of 18 years of age or younger, that 119 persons parent or guardian. 120 Section 5.Section 767.12, Florida Statutes, is amended to 121 read: 122 767.12Classification of dogs as dangerous; owner 123 requirements; penalty certification of registration; notice and 124 hearing requirements; confinement of animal; exemption; appeals; 125 unlawful acts. 126 (1)An animal control authority shall investigate reported 127 incidents involving any dog that may be dangerous and, if 128 possible, shall interview the owner and require a sworn 129 affidavit from any person, including any animal control officer 130 or enforcement officer, desiring to have a dog classified as 131 dangerous. 132 (a)An animal that is the subject of a dangerous dog 133 investigation for behavior described in s. 767.11(3)(a) or (c) 134 must because of severe injury to a human being may be 135 immediately confiscated by an animal control authority;, placed 136 in quarantine, if necessary, for the proper length of time;, or 137 impounded; and held. The animal must may be held pending the 138 outcome of the investigation and any hearings or appeals related 139 to the dangerous dog classification or any penalty imposed under 140 this section. If the dog is to be destroyed, the dog may not be 141 destroyed while an appeal is pending. The owner is responsible 142 for payment of all boarding costs and other fees as may be 143 required to humanely and safely keep the animal pending any 144 hearing or appeal, unless it is determined that the dog is not 145 dangerous. 146 (b)An animal that is the subject of a dangerous dog 147 investigation for behavior described in s. 767.11(3)(b) may be 148 immediately confiscated by an animal control authority; placed 149 in quarantine, if necessary, for the proper length of time; or 150 impounded and held. An animal that which is not impounded with 151 the animal control authority must be humanely and safely 152 confined by the owner in a proper enclosure securely fenced or 153 enclosed area. The animal shall be confined in such manner 154 pending the outcome of the investigation and the resolution of 155 any hearings or appeals related to the dangerous dog 156 classification or any penalty imposed under this section. The 157 owner shall provide the address at which the animal resides 158 shall be provided to the animal control authority. A dog that is 159 the subject of a dangerous dog investigation may not be 160 relocated or have its ownership transferred pending the outcome 161 of the investigation and any hearings or appeals related to the 162 dangerous dog classification or any penalty imposed under this 163 section. If a dog is to be destroyed, the dog may not be 164 relocated or have its ownership transferred. 165 (2)A dog may not be declared dangerous if any of the 166 following apply: 167 (a)The threat, injury, or damage was sustained by a person 168 who, at the time, was unlawfully on the property or who, while 169 lawfully on the property, was tormenting, abusing, or assaulting 170 the dog or its owner or a family member. 171 (b)The dog was protecting or defending a human being 172 within the immediate vicinity of the dog from an unjustified 173 attack or assault. 174 (3)After the investigation, the animal control authority 175 shall make an initial determination as to whether there is 176 sufficient cause to classify the dog as dangerous and, if 177 sufficient cause is found, as to the appropriate penalty under 178 subsection (5). The animal control authority shall afford the 179 owner an opportunity for a hearing before prior to making a 180 final determination regarding the classification or penalty. The 181 animal control authority shall provide written notification of 182 the sufficient cause finding and proposed penalty to the owner 183 by registered mail or, certified hand delivery, or service in 184 conformance with the provisions of chapter 48 relating to 185 service of process. The owner may file a written request for a 186 hearing regarding the dangerous dog classification, penalty, or 187 both, within 7 calendar days after receipt of the notification 188 of the sufficient cause finding and proposed penalty. If the 189 owner requests a hearing, the hearing must shall be held as soon 190 as possible, but not later than 21 calendar days and not sooner 191 than 5 days after receipt of the request from the owner. If a 192 hearing is not timely requested regarding the dangerous dog 193 classification or proposed penalty, the determination of the 194 animal control authority as to such matter is shall become 195 final. Each applicable local governing authority shall establish 196 hearing procedures that conform to this subsection. 197 (4)Upon a dangerous dog classification and penalty 198 becoming final after a hearing or by operation of law pursuant 199 to subsection (3), the animal control authority shall provide a 200 written final order to the owner by registered mail or, 201 certified hand delivery or service. The owner may appeal the 202 classification or, penalty, or both, to the circuit court in 203 accordance with the Florida Rules of Appellate Procedure after 204 receipt of the final order. If the dog is not held by the animal 205 control authority, the owner must confine the dog in a proper 206 enclosure securely fenced or enclosed area pending resolution of 207 the appeal. Each applicable local governing authority must 208 establish appeal procedures that conform to this subsection. 209 (5)(a)Except as otherwise provided in paragraph (b), the 210 owner of a dog classified as a dangerous dog shall do all of the 211 following: 212 1.Upon Within 14 days after issuance of the final order 213 classifying the dog as dangerous or the conclusion of any appeal 214 that affirms such final order, obtain a certificate of 215 registration for the dog from the animal control authority 216 serving the area in which he or she resides, and renew the 217 certificate annually. Animal control authorities may are 218 authorized to issue such certificates of registration, and 219 renewals thereof, only to persons who are at least 18 years of 220 age and who present to the animal control authority sufficient 221 evidence of all of the following: 222 a.A current certificate of rabies vaccination for the dog. 223 b.A proper enclosure to confine the a dangerous dog and 224 the posting of the premises with a clearly visible warning sign 225 at all entry points which informs both children and adults of 226 the presence of a dangerous dog on the property. 227 c.Permanent identification of the dog by, such as a tattoo 228 on the inside thigh or electronic implantation of a microchip. 229 Any person who knowingly and willfully removes a microchip 230 implanted pursuant to this sub-subparagraph commits a felony of 231 the third degree, punishable as provided in s. 775.082, s. 232 775.083, or s. 775.084. 233 d.The dog having been spayed or neutered. 234 e.Liability insurance as required by subparagraph 2. 235 236 The appropriate governmental unit may impose an annual fee for 237 the issuance of certificates of registration required by this 238 section. 239 2.Upon issuance of the final order classifying the dog as 240 dangerous or the conclusion of any appeal that affirms such 241 final order, obtain liability insurance coverage in an amount of 242 at least $100,000 to cover damages resulting from an attack by 243 the dangerous dog causing bodily injury to a person and provide 244 proof of the required liability insurance coverage to the animal 245 control authority for the area in which the dog is kept. 246 3.Immediately notify the appropriate animal control 247 authority when the dog: 248 a.Is loose or unconfined;. 249 b.Has bitten a human being or attacked another animal;. 250 c.Is sold, given away, or dies; or. 251 d.Is moved to another address. 252 4.a.Before selling or giving away the a dangerous dog is 253 sold or given away, the owner shall provide the name, address, 254 and telephone number of the new owner to the animal control 255 authority. The new owner must comply with all of the 256 requirements of this section and any implementing local 257 ordinances, even if the animal is moved from one local 258 jurisdiction to another within this the state, and. The animal 259 control officer must notify the animal control authority be 260 notified by the owner of a dog classified as dangerous that the 261 dog is in the authoritys his or her jurisdiction. 262 b.If the dangerous dog is surrendered to a public or 263 private animal shelter, a humane organization, or an animal 264 control agency operated by a humane organization or by a county, 265 municipality, or other incorporated political subdivision, the 266 entity must post signage on the dogs enclosure to inform 267 potential adopters that the dog has been declared dangerous and 268 inform any adopter of the dog owners requirements under this 269 section. 270 5.3.Not allow permit the dog to be outside a proper 271 enclosure unless the dog is muzzled and restrained by a 272 substantial chain or leash and under control of a competent 273 person. The muzzle must be made in a manner that will not cause 274 injury to the dog or interfere with its vision or respiration 275 but will prevent it from biting a person or an animal. The owner 276 may exercise the dog on the owners property in a proper 277 enclosure securely fenced or enclosed area that does not have a 278 top, without a muzzle or leash, if the dog remains within the 279 owners his or her sight and only members of the immediate 280 household or persons 18 years of age or older, if applicable, 281 are allowed in the enclosure when the dog is present. When being 282 transported, such dogs must be safely and securely restrained 283 within a vehicle. 284 (b)If a dog is classified as a dangerous dog due to an 285 incident that causes severe injury to a human being, based upon 286 the nature and circumstances of the injury and the likelihood of 287 a future threat to the public safety, health, and welfare, the 288 dog may be destroyed in an expeditious and humane manner. 289 (6)Hunting dogs are exempt from this section when engaged 290 in any legal hunt or training procedure. Dogs engaged in 291 training or exhibiting in legal sports such as obedience trials, 292 conformation shows, field trials, hunting/retrieving trials, and 293 herding trials are exempt from this section when engaged in any 294 legal procedures. However, such dogs at all other times in all 295 other respects are subject to this and local laws. Dogs that 296 have been classified as dangerous may not be used for hunting 297 purposes. 298 (7)A person who violates any provision of this section 299 commits a noncriminal infraction, punishable by a fine not to 300 exceed $1,000 per violation $500. 301 Section 6.Subsections (1) and (2) of section 767.13, 302 Florida Statutes, are amended to read: 303 767.13Attack or bite by dangerous dog; penalties; 304 confiscation; destruction. 305 (1)If a dog that has previously been declared dangerous 306 attacks or bites a person or a domestic animal without 307 provocation, the owner commits is guilty of a misdemeanor of the 308 first degree, punishable as provided in s. 775.082 or s. 309 775.083. In addition, The dangerous dog must shall be 310 immediately confiscated by an animal control authority;, placed 311 in quarantine, if necessary, for the proper length of time;, or 312 impounded; and held for 10 business days after the owner is 313 given written notification under s. 767.12, and thereafter 314 destroyed in an expeditious and humane manner. This 10-day time 315 period shall allow The owner may to request a hearing under s. 316 767.12 during the 10 business days after such notification. The 317 owner is shall be responsible for payment of all boarding costs 318 and other fees as may be required to humanely and safely keep 319 the animal during any appeal procedure. 320 (2)If a dog that has previously been declared dangerous 321 attacks and causes severe injury to or death of any human, the 322 owner commits is guilty of a felony of the third degree, 323 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 324 In addition, The dog must shall be immediately confiscated by an 325 animal control authority;, placed in quarantine, if necessary, 326 for the proper length of time; impounded; and or held for 10 327 business days after the owner is given written notification 328 under s. 767.12, and thereafter destroyed in an expeditious and 329 humane manner. This 10-day time period shall allow The owner may 330 to request a hearing under s. 767.12 during the 10 business days 331 after such notification. The owner is shall be responsible for 332 payment of all boarding costs and other fees as may be required 333 to humanely and safely keep the animal during any appeal 334 procedure. 335 Section 7.Section 767.135, Florida Statutes, is amended to 336 read: 337 767.135Attack or bite by unclassified dog that causes 338 death; confiscation; destruction.If a dog that has not been 339 declared dangerous attacks and causes the death of a human, the 340 dog must shall be immediately confiscated by an animal control 341 authority;, placed in quarantine, if necessary, for the proper 342 length of time; impounded; and or held for 10 business days 343 after the owner is given written notification under s. 767.12, 344 and thereafter destroyed in an expeditious and humane manner. 345 This 10-day time period shall allow The owner may to request a 346 hearing under s. 767.12 during the 10 business days after such 347 notification. If the owner files a written appeal under s. 348 767.12 or this section, the dog must be held and may not be 349 destroyed while the appeal is pending. The owner is responsible 350 for payment of all boarding costs and other fees as may be 351 required to humanely and safely keep the animal during any 352 appeal procedure. 353 Section 8.Subsection (1) of section 767.136, Florida 354 Statutes, is amended to read: 355 767.136Attack or bite by unclassified dog that causes 356 severe injury or death; penalties. 357 (1)If a dog that has not been declared dangerous attacks 358 and causes severe injury to, or the death of, a human, and the 359 owner of the dog had knowledge of the dogs dangerous 360 propensities, yet failed to secure the dog in a proper enclosure 361 pursuant to s. 767.01(2) demonstrated a reckless disregard for 362 such propensities under the circumstances, the owner of the dog 363 commits a misdemeanor of the second degree, punishable as 364 provided in s. 775.082 or s. 775.083. 365 Section 9.This act shall take effect July 1, 2025.