Florida 2025 2025 Regular Session

Florida Senate Bill S0572 Comm Sub / Bill

Filed 04/23/2025

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Florida Senate - 2025 CS for CS for SB 572  By the Committees on Fiscal Policy; and Judiciary; and Senators Collins and Wright 594-03838-25 2025572c2 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; making technical changes; amending s. 6 767.10, F.S.; revising legislative findings relating 7 to dangerous dogs; reordering and amending s. 767.11, 8 F.S.; revising definitions; amending s. 767.12, F.S.; 9 requiring, rather than authorizing, that dogs subject 10 to certain dangerous dog investigations which have 11 killed or bitten a human being to a certain severity 12 be immediately confiscated, placed in quarantine if 13 necessary, impounded, and held; requiring, rather than 14 authorizing, that such dogs be held until the 15 completion of certain actions; authorizing dogs that 16 are the subject of multiple dangerous dog 17 investigations to be immediately confiscated, placed 18 in quarantine, impounded, and held; requiring that 19 certain dogs not impounded with the animal control 20 authority be confined in a proper enclosure by the 21 owner; requiring the owner of a dog subject to a 22 dangerous dog investigation to provide certain 23 information to an animal control authority; requiring 24 the owner of a dog classified as dangerous to obtain a 25 certificate of registration for the dog from a certain 26 animal control authority and renew the certification 27 annually; authorizing an animal control authority to 28 issue certain certificates of registration to certain 29 persons if certain conditions have been met, including 30 implantation of a microchip, spaying or neutering the 31 dog, and obtaining limited liability insurance; 32 requiring the owner of a dog classified as a dangerous 33 dog to obtain dangerous dog liability insurance 34 coverage and provide proof of such insurance to a 35 certain animal control authority; providing 36 requirements for such insurance; requiring and 37 authorizing an animal control authority to humanely 38 euthanize a dangerous dog under certain circumstances; 39 requiring an animal shelter, a humane organization, or 40 certain animal control agencies to provide specified 41 information to potential adopters; revising the 42 conditions under which an owner is authorized to 43 exercise a dangerous dog; revising the civil penalty 44 for violations; providing criminal penalties for 45 persons who resist or obstruct an animal control 46 authority; making technical changes; amending s. 47 767.13, F.S.; increasing a penalty; making technical 48 changes; conforming provisions to changes made by the 49 act; amending s. 767.135, F.S.; making technical 50 changes; conforming provisions to changes made by the 51 act; amending s. 767.136, F.S.; increasing a penalty 52 for the owner of a dog that causes severe injury to, 53 or the death of, a human; providing an effective date. 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1.This act may be cited as the Pam Rock Act. 58 Section 2.Section 767.01, Florida Statutes, is amended to 59 read: 60 767.01Dog owners liability for damages to persons, 61 domestic animals, or livestock. 62 (1)A dog owner is Owners of dogs shall be liable for any 63 damage done by the owners dog their dogs to a person or to any 64 animal included in the definitions of domestic animal and 65 livestock as provided by s. 585.01. 66 (2)If a dog owner has knowledge of the dogs dangerous 67 propensities, the owner must securely confine the dog in a 68 proper enclosure as defined in s. 767.11. 69 Section 3.Section 767.10, Florida Statutes, is amended to 70 read: 71 767.10Legislative findings.The Legislature finds that 72 dangerous dogs are an increasingly serious and widespread threat 73 to the safety and welfare of the people of this state because of 74 unprovoked attacks which cause injury to persons and domestic 75 animals; that such attacks are in part attributable to the 76 failure of owners to confine and properly train and control 77 their dogs; that existing laws inadequately address this growing 78 problem; and that it is appropriate and necessary to impose 79 uniform requirements for dog the owners of dangerous dogs. 80 Section 4.Section 767.11, Florida Statutes, is reordered 81 and amended to read: 82 767.11Definitions.As used in this part act, unless the 83 context clearly requires otherwise: 84 (3)(1)Dangerous dog means a any dog that according to 85 the records of the appropriate authority: 86 (a)Has aggressively bitten, attacked, or endangered or has 87 inflicted severe injury on a human being on public or private 88 property; 89 (b)Has more than once severely injured or killed a 90 domestic animal while off the owners property; or 91 (c)Has, when unprovoked, chased or approached a person 92 upon the streets, sidewalks, or any public grounds in a menacing 93 fashion or apparent attitude of attack, provided that such 94 actions are attested to in a sworn statement by one or more 95 persons and dutifully investigated by the appropriate authority. 96 (7)(2)Unprovoked means that the victim who has been 97 conducting himself or herself peacefully and lawfully has been 98 bitten or chased in a menacing fashion or attacked by a dog. 99 (6)(3)Severe injury means any physical injury that 100 results in broken bones, multiple bites, or disfiguring 101 lacerations requiring sutures or reconstructive surgery. 102 (5)(4)Proper enclosure of a dangerous dog means, while 103 on the owners property, a dangerous dog is securely confined 104 indoors or in a securely enclosed and locked pen or structure, 105 suitable to prevent the entry of young children and designed to 106 prevent the dog animal from escaping. The Such pen or structure 107 must shall have secure sides and a secure top to prevent the dog 108 from escaping over, under, or through the structure and must 109 shall also provide protection from the elements. 110 (1)(5)Animal control authority means an entity acting 111 alone or in concert with other local governmental units and 112 authorized by them to enforce the animal control laws of the 113 city, county, or state. In those areas not served by an animal 114 control authority, the sheriff shall carry out the duties of the 115 animal control authority under this part act. 116 (2)(6)Animal control officer means any individual 117 employed, contracted with, or appointed by the animal control 118 authority for the purpose of aiding in the enforcement of this 119 part act or any other law or ordinance relating to the licensure 120 of animals, control of animals, or seizure and impoundment of 121 animals and includes any state or local law enforcement officer 122 or other employee whose duties in whole or in part include 123 assignments that involve the seizure and impoundment of an any 124 animal. 125 (4)(7)Owner means a any person, a firm, a corporation, 126 or an organization possessing, harboring, keeping, or having 127 control or custody of an animal or, if the animal is owned by a 128 person under the age of 18, that persons parent or guardian. 129 Section 5.Section 767.12, Florida Statutes, is amended to 130 read: 131 767.12Classification of dogs as dangerous; owner 132 requirements; penalty certification of registration; notice and 133 hearing requirements; confinement of animal; exemption; appeals; 134 unlawful acts. 135 (1)An animal control authority shall investigate reported 136 incidents involving any dog that may be dangerous and, if 137 possible, shall interview the owner and require a sworn 138 affidavit from any person, including any animal control officer 139 or enforcement officer, desiring to have a dog classified as 140 dangerous. 141 (a)An animal that is the subject of a dangerous dog 142 investigation and that has killed a human being or has bitten a 143 human being and left a bite mark that scores 5 or higher on the 144 Dunbar bite scale must because of severe injury to a human being 145 may be immediately confiscated by an animal control authority;, 146 placed in quarantine, if necessary, for the proper length of 147 time;, or impounded; and held. The animal must may be held 148 pending the outcome of the investigation and any hearings or 149 appeals related to the dangerous dog classification or any 150 penalty imposed under this section. If the dog is to be 151 destroyed, the dog may not be destroyed while an appeal is 152 pending. The owner is responsible for payment of all boarding 153 costs and other fees as may be required to humanely and safely 154 keep the animal pending any hearing or appeal. 155 (b)An animal that is the subject of any other a dangerous 156 dog investigation may be immediately confiscated by an animal 157 control authority; placed in quarantine, if necessary, for the 158 proper length of time; impounded; and held. An animal that 159 investigation which is not impounded with the animal control 160 authority must be humanely and safely confined by the owner in a 161 proper enclosure securely fenced or enclosed area. The animal 162 shall be confined in such manner pending the outcome of the 163 investigation and the resolution of any hearings or appeals 164 related to the dangerous dog classification or any penalty 165 imposed under this section. The owner shall provide the address 166 at which the animal resides shall be provided to the animal 167 control authority. A dog that is the subject of a dangerous dog 168 investigation may not be relocated or have its ownership 169 transferred pending the outcome of the investigation and any 170 hearings or appeals related to the dangerous dog classification 171 or any penalty imposed under this section. If a dog is to be 172 destroyed, the dog may not be relocated or have its ownership 173 transferred. 174 (2)A dog may not be declared dangerous if any of the 175 following apply: 176 (a)The threat, injury, or damage was sustained by a person 177 who, at the time, was unlawfully on the property or who, while 178 lawfully on the property, was tormenting, abusing, or assaulting 179 the dog or its owner or a family member. 180 (b)The dog was protecting or defending a human being 181 within the immediate vicinity of the dog from an unjustified 182 attack or assault. 183 (3)After the investigation, the animal control authority 184 shall make an initial determination as to whether there is 185 sufficient cause to classify the dog as dangerous and, if 186 sufficient cause is found, as to the appropriate penalty under 187 subsection (5). The animal control authority shall afford the 188 owner an opportunity for a hearing before prior to making a 189 final determination regarding the classification or penalty. The 190 animal control authority shall provide written notification of 191 the sufficient cause finding and proposed penalty to the owner 192 by registered mail or, certified hand delivery, or service in 193 conformance with the provisions of chapter 48 relating to 194 service of process. The owner may file a written request for a 195 hearing regarding the dangerous dog classification, penalty, or 196 both, within 7 calendar days after receipt of the notification 197 of the sufficient cause finding and proposed penalty. If the 198 owner requests a hearing, the hearing must shall be held as soon 199 as possible, but not later than 21 calendar days and not sooner 200 than 5 days after receipt of the request from the owner. If a 201 hearing is not timely requested regarding the dangerous dog 202 classification or proposed penalty, the determination of the 203 animal control authority as to such matter is shall become 204 final. Each applicable local governing authority shall establish 205 hearing procedures that conform to this subsection. 206 (4)Upon a dangerous dog classification and penalty 207 becoming final after a hearing or by operation of law pursuant 208 to subsection (3), the animal control authority shall provide a 209 written final order to the owner by registered mail or, 210 certified hand delivery or service in conformance with the 211 provisions of chapter 48 relating to service of process. The 212 owner may appeal the classification or, penalty, or both, to the 213 circuit court in accordance with the Florida Rules of Appellate 214 Procedure after receipt of the final order. If the dog is not 215 held by the animal control authority, the owner must confine the 216 dog in a proper enclosure securely fenced or enclosed area 217 pending resolution of the appeal. Each applicable local 218 governing authority must establish appeal procedures that 219 conform to this subsection. 220 (5)(a)Except as otherwise provided in paragraph (b), the 221 owner of a dog classified as a dangerous dog shall do all of the 222 following: 223 1.Upon Within 14 days after issuance of the final order 224 classifying the dog as dangerous or the conclusion of any appeal 225 that affirms such final order, obtain a certificate of 226 registration for the dog from the animal control authority 227 serving the area in which he or she resides, and renew the 228 certificate annually. Animal control authorities may are 229 authorized to issue such certificates of registration, and 230 renewals thereof, only to persons who are at least 18 years of 231 age and who present to the animal control authority sufficient 232 evidence of all of the following: 233 a.A current certificate of rabies vaccination for the dog. 234 b.A proper enclosure to confine the a dangerous dog and 235 the posting of the premises with a clearly visible warning sign 236 at all entry points which informs both children and adults of 237 the presence of a dangerous dog on the property. 238 c.Permanent identification of the dog by, such as a tattoo 239 on the inside thigh or electronic implantation of a microchip. 240 Any person who knowingly and willfully removes a microchip 241 implanted pursuant to this sub-subparagraph commits a felony of 242 the third degree, punishable as provided in s. 775.082, s. 243 775.083, or s. 775.084. 244 d.The dog having been spayed or neutered. 245 e.Liability insurance as required by subparagraph 2. 246 247 The appropriate governmental unit may impose an annual fee for 248 the issuance of certificates of registration required by this 249 section. 250 2.Upon issuance of the final order classifying the dog as 251 dangerous or the conclusion of any appeal that affirms such 252 final order, obtain liability insurance coverage in an amount of 253 at least $100,000 to cover damages resulting from an attack by 254 the dangerous dog causing bodily injury to a person and provide 255 proof of the required liability insurance coverage to the animal 256 control authority for the area in which the dog is kept. 257 3.Immediately notify the appropriate animal control 258 authority when the dog: 259 a.Is loose or unconfined;. 260 b.Has bitten a human being or attacked another animal;. 261 c.Is sold, given away, or dies; or. 262 d.Is moved to another address. 263 4.Before selling or giving away the a dangerous dog, is 264 sold or given away, the owner shall provide the name, address, 265 and telephone number of the new owner to the animal control 266 authority. 267 a.The new owner must comply with all of the requirements 268 of this section and any implementing local ordinances, even if 269 the animal is moved from one local jurisdiction to another 270 within this the state, and. The animal control officer must 271 notify the animal control authority be notified by the owner of 272 a dog classified as dangerous that the dog is in the authoritys 273 his or her jurisdiction. 274 b.If a dangerous dog has killed a human being or has 275 bitten a human being and left a bite mark that scores 5 or 276 higher on the Dunbar bite scale and is surrendered to an animal 277 control authority, the authority must humanely euthanize the 278 dog. 279 c.For any other dangerous dog that is surrendered to an 280 animal control authority, the authority may humanely euthanize 281 the dog. If the animal control authority elects to place the 282 animal for adoption, it must post signage on the dogs enclosure 283 to inform potential adopters that the dog has been declared 284 dangerous and inform any adopter of the dog owners requirements 285 under this section. The animal control authority must provide a 286 person who adopts a dangerous dog with a copy of the declaration 287 and must require them to sign a contract with the authority 288 agreeing to abide by the requirements of the declaration. 289 5.3.Not allow permit the dog to be outside a proper 290 enclosure unless the dog is muzzled and restrained by a 291 substantial chain or leash and under control of a competent 292 person. The muzzle must be made in a manner that will not cause 293 injury to the dog or interfere with its vision or respiration 294 but will prevent it from biting a person or an animal. The owner 295 may exercise the dog on the owners property in a proper 296 enclosure securely fenced or enclosed area that does not have a 297 top, without a muzzle or leash, if the dog remains within the 298 owners his or her sight and only members of the immediate 299 household or persons 18 years of age or older, if applicable, 300 are allowed in the enclosure when the dog is present. When being 301 transported, such dogs must be safely and securely restrained 302 within a vehicle. 303 (b)If a dog is classified as a dangerous dog due to an 304 incident that causes severe injury to a human being, based upon 305 the nature and circumstances of the injury and the likelihood of 306 a future threat to the public safety, health, and welfare, the 307 dog may be destroyed in an expeditious and humane manner. 308 (6)Hunting dogs are exempt from this section when engaged 309 in any legal hunt or training procedure. Dogs engaged in 310 training or exhibiting in legal sports such as obedience trials, 311 conformation shows, field trials, hunting/retrieving trials, and 312 herding trials are exempt from this section when engaged in any 313 legal procedures. However, such dogs at all other times in all 314 other respects are subject to this and local laws. Dogs that 315 have been classified as dangerous may not be used for hunting 316 purposes. 317 (7)A person who violates any provision of this section 318 commits a noncriminal infraction, punishable by a fine not to 319 exceed $1,000 per violation. In addition, any person who resists 320 or obstructs an animal control authority in enforcing this 321 section commits a misdemeanor of the first degree, punishable as 322 provided in s. 775.082 or s. 775.083 $500. 323 Section 6.Subsections (1) and (2) of section 767.13, 324 Florida Statutes, are amended to read: 325 767.13Attack or bite by dangerous dog; penalties; 326 confiscation; destruction. 327 (1)If a dog that has previously been declared dangerous 328 attacks or bites a person or a domestic animal without 329 provocation, the owner commits is guilty of a misdemeanor of the 330 first degree, punishable as provided in s. 775.082 or s. 331 775.083. In addition, The dangerous dog must shall be 332 immediately confiscated by an animal control authority;, placed 333 in quarantine, if necessary, for the proper length of time;, or 334 impounded; and held for 10 business days after the owner is 335 given written notification under s. 767.12, and thereafter 336 destroyed in an expeditious and humane manner. This 10-day time 337 period shall allow The owner may to request a hearing under s. 338 767.12 during the 10 business days after such notification. The 339 owner is shall be responsible for payment of all boarding costs 340 and other fees as may be required to humanely and safely keep 341 the animal during any appeal procedure. 342 (2)If a dog that has previously been declared dangerous 343 attacks and causes severe injury to or death of any human, the 344 owner commits is guilty of a felony of the second third degree, 345 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 346 In addition, The dog must shall be immediately confiscated by an 347 animal control authority;, placed in quarantine, if necessary, 348 for the proper length of time; impounded; and or held for 10 349 business days after the owner is given written notification 350 under s. 767.12, and thereafter destroyed in an expeditious and 351 humane manner. This 10-day time period shall allow The owner may 352 to request a hearing under s. 767.12 during the 10 business days 353 after such notification. The owner is shall be responsible for 354 payment of all boarding costs and other fees as may be required 355 to humanely and safely keep the animal during any appeal 356 procedure. 357 Section 7.Section 767.135, Florida Statutes, is amended to 358 read: 359 767.135Attack or bite by unclassified dog that causes 360 death; confiscation; destruction.If a dog that has not been 361 declared dangerous attacks and causes the death of a human, the 362 dog must shall be immediately confiscated by an animal control 363 authority;, placed in quarantine, if necessary, for the proper 364 length of time; impounded; and or held for 10 business days 365 after the owner is given written notification under s. 767.12, 366 and thereafter destroyed in an expeditious and humane manner. 367 This 10-day time period shall allow The owner may to request a 368 hearing under s. 767.12 during the 10 business days after such 369 notification. If the owner files a written appeal under s. 370 767.12 or this section, the dog must be held and may not be 371 destroyed while the appeal is pending. The owner is responsible 372 for payment of all boarding costs and other fees as may be 373 required to humanely and safely keep the animal during any 374 appeal procedure. 375 Section 8.Subsection (1) of section 767.136, Florida 376 Statutes, is amended to read: 377 767.136Attack or bite by unclassified dog that causes 378 severe injury or death; penalties. 379 (1)If a dog that has not been declared dangerous attacks 380 and causes severe injury to, or the death of, a human, and the 381 owner of the dog had knowledge of the dogs dangerous 382 propensities, yet demonstrated a reckless disregard for such 383 propensities under the circumstances, the owner of the dog 384 commits a misdemeanor of the first second degree, punishable as 385 provided in s. 775.082 or s. 775.083. 386 Section 9.This act shall take effect July 1, 2025.
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