Florida Senate - 2017                                     SB 320
       
       
        
       By Senator Steube
       
       23-00281A-17                                           2017320__
    1                        A bill to be entitled                      
    2         An act relating to dogs in vehicles; creating s.
    3         316.2003, F.S.; requiring a person transporting a dog
    4         in the open bed of a pickup truck or an open area of
    5         any vehicle or trailer to keep the dog within certain
    6         secured containers or securely tether the dog;
    7         providing that violations are punishable as
    8         noncriminal traffic infractions; providing exceptions;
    9         preempting to the state the regulation of the
   10         transportation of dogs in motor vehicles; declaring
   11         void any existing or future ordinances or rules
   12         adopted by a county, municipality, or other local
   13         governmental entity; requiring the court to declare
   14         invalid any ordinance or rule adopted by counties,
   15         municipalities, or other local governmental entities
   16         in violation of this preemption and to issue a
   17         permanent injunction against them prohibiting them
   18         from enforcing such ordinances or rules; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 316.2003, Florida Statutes, is created
   24  to read:
   25         316.2003 Dogs in motor vehicles.—
   26         (1) A person transporting a dog on a public street or
   27  highway in the open bed of a pickup truck or an open area of any
   28  vehicle or trailer must keep the dog within a secured kennel,
   29  cage, or other ventilated container or securely tether the dog
   30  to the vehicle or trailer in such a way as to prevent the dog
   31  from falling from such vehicle or trailer and to prevent injury
   32  to the animal. A person who violates this section commits a
   33  noncriminal traffic infraction, punishable as a nonmoving
   34  violation under chapter 318.
   35         (2) This section does not apply to any of the following:
   36         (a) A dog being transported by a farmer or farm employee
   37  while actually engaged in farming activities using the services
   38  of the dog.
   39         (b) A hunting or sporting dog being used at a hunting site,
   40  sporting event, or between hunting sites or sporting events.
   41         (3) The state hereby preempts the regulation of the
   42  transportation of dogs in motor vehicles. Any existing or future
   43  ordinance or rule adopted by a county, municipality, or other
   44  local governmental entity is hereby declared void. If any
   45  county, municipality, or other local governmental entity adopts
   46  an ordinance or rule in violation of this section, the court
   47  shall declare the ordinance or rule invalid and issue a
   48  permanent injunction against the local government prohibiting it
   49  from enforcing such ordinance or rule.
   50         Section 2. This act shall take effect July 1, 2017.