Bill Text: FL S1156 | 2024 | Regular Session | Comm Sub
Bill Title: Dangerous Dogs
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Judiciary [S1156 Detail]
Download: Florida-2024-S1156-Comm_Sub.html
Florida Senate - 2024 CS for SB 1156
By the Committee on Agriculture; and Senator Collins
575-02408-24 20241156c1
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.; defining the
8 term “department”; revising definitions; amending s.
9 767.12, F.S.; requiring, rather than authorizing, that
10 dogs subject to certain dangerous dog investigations
11 be confiscated, impounded, and held; requiring, rather
12 than authorizing, that the dog be held until the
13 completion of certain actions; requiring that certain
14 dogs not impounded be confined in a proper enclosure
15 by the owner; requiring animal control authorities to
16 provide certain information to the Department of
17 Agriculture and Consumer Services and to destroy
18 certain dogs; revising the information that the owner
19 of a dog classified as a dangerous dog is required to
20 provide to an animal control authority; requiring such
21 owner to obtain liability insurance coverage for a dog
22 classified as a dangerous dog; providing requirements
23 for such insurance; revising the civil penalty for
24 violations; creating s. 767.125, F.S.; requiring the
25 department to create and maintain a statewide
26 Dangerous Dog Registry; providing the purpose of the
27 registry; requiring animal control authorities to
28 provide the department with certain information;
29 requiring the department to adopt rules; amending ss.
30 767.13 and 767.135, F.S.; making technical changes;
31 conforming provisions to changes made by the act;
32 amending s. 767.136, F.S.; revising the circumstances
33 under which the owner of a dog that has not been
34 declared dangerous is liable for such dog’s severe
35 injury to, or the death of, a human; providing an
36 effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. This act may be cited as the “Pam Rock Act.”
41 Section 2. Section 767.01, Florida Statutes, is amended to
42 read:
43 767.01 Dog owner’s liability for damages to persons,
44 domestic animals, or livestock.—
45 (1) A dog owner is Owners of dogs shall be liable for any
46 damage done by the owner’s dog their dogs to a person or to any
47 animal included in the definitions of “domestic animal” and
48 “livestock” as provided by s. 585.01.
49 (2) If a dog owner has knowledge of the dog’s dangerous
50 propensities, the owner must securely confine the dog in a
51 proper enclosure as defined in s. 767.11.
52 Section 3. Section 767.10, Florida Statutes, is amended to
53 read:
54 767.10 Legislative findings.—The Legislature finds that
55 dangerous dogs are an increasingly serious and widespread threat
56 to the safety and welfare of the people of this state because of
57 unprovoked attacks which cause injury to persons and domestic
58 animals; that such attacks are in part attributable to the
59 failure of owners to confine and properly train and control
60 their dogs; that existing laws inadequately address this growing
61 problem; and that it is appropriate and necessary to impose
62 uniform requirements for the owners of dogs and dangerous dogs.
63 Section 4. Section 767.11, Florida Statutes, is reordered
64 and amended to read:
65 767.11 Definitions.—As used in this part act, unless the
66 context clearly requires otherwise:
67 (3)(1) “Dangerous dog” means a any dog that according to
68 the records of the appropriate authority:
69 (a) Has aggressively bitten, attacked, or endangered or has
70 inflicted severe injury on a human being on public or private
71 property;
72 (b) Has more than once severely injured or killed a
73 domestic animal while off the owner’s property; or
74 (c) Has, when unprovoked, chased or approached a person
75 upon the streets, sidewalks, or any public grounds in a menacing
76 fashion or apparent attitude of attack, provided that such
77 actions are attested to in a sworn statement by one or more
78 persons and dutifully investigated by the appropriate authority.
79 (4) “Department” means the Department of Agriculture and
80 Consumer Services.
81 (8)(2) “Unprovoked” means that the victim who has been
82 conducting himself or herself peacefully and lawfully has been
83 bitten or chased in a menacing fashion or attacked by a dog.
84 (7)(3) “Severe injury” means any physical injury that
85 results in broken bones, multiple bites, or disfiguring
86 lacerations requiring sutures or reconstructive surgery.
87 (6)(4) “Proper enclosure of a dangerous dog” means, while
88 on the owner’s property, a dangerous dog is securely confined:
89 (a) Indoors;
90 (b) In a locked, fenced yard, suitable to prevent the entry
91 of young children and designed to prevent the dog from escaping
92 over, under, or through the fence; or
93 (c) In a securely enclosed and locked pen or structure,
94 suitable to prevent the entry of young children and designed to
95 prevent the dog animal from escaping. The Such pen or structure
96 must shall have secure sides and a secure top to prevent the dog
97 from escaping over, under, or through the structure and must
98 shall also provide protection from the elements.
99 (1)(5) “Animal control authority” means an entity acting
100 alone or in concert with other local governmental units and
101 authorized by them to enforce the animal control laws of the
102 city, county, or state. In those areas not served by an animal
103 control authority, the sheriff shall carry out the duties of the
104 animal control authority under this part act.
105 (2)(6) “Animal control officer” means any individual
106 employed, contracted with, or appointed by the animal control
107 authority for the purpose of aiding in the enforcement of this
108 part act or any other law or ordinance relating to the licensure
109 of animals, control of animals, or seizure and impoundment of
110 animals and includes any state or local law enforcement officer
111 or other employee whose duties in whole or in part include
112 assignments that involve the seizure and impoundment of an any
113 animal.
114 (5)(7) “Owner” means a any person, a firm, a corporation,
115 or an organization possessing, harboring, keeping, or having
116 control or custody of an animal or, if the animal is owned by a
117 person under the age of 18 years of age or younger, that
118 person’s parent or guardian.
119 Section 5. Section 767.12, Florida Statutes, is amended to
120 read:
121 767.12 Classification of dogs as dangerous; owner
122 requirements; penalty certification of registration; notice and
123 hearing requirements; confinement of animal; exemption; appeals;
124 unlawful acts.—
125 (1) An animal control authority shall investigate reported
126 incidents involving any dog that may be dangerous and, if
127 possible, shall interview the owner and require a sworn
128 affidavit from any person, including any animal control officer
129 or enforcement officer, desiring to have a dog classified as
130 dangerous.
131 (a) An animal that is the subject of a dangerous dog
132 investigation for behavior described in s. 767.11(3)(a) or (c)
133 must because of severe injury to a human being may be
134 immediately confiscated by an animal control authority;, placed
135 in quarantine, if necessary, for the proper length of time;, or
136 impounded; and held. The animal must may be held pending the
137 outcome of the investigation and any hearings or appeals related
138 to the dangerous dog classification or any penalty imposed under
139 this section. If the dog is to be destroyed, the dog may not be
140 destroyed while an appeal is pending. The owner is responsible
141 for payment of all boarding costs and other fees as may be
142 required to humanely and safely keep the animal pending any
143 hearing or appeal, unless it is determined that the dog is not
144 dangerous.
145 (b) An animal that is the subject of a dangerous dog
146 investigation for behavior described in s. 767.11(3)(b) may be
147 immediately confiscated by an animal control authority; placed
148 in quarantine, if necessary, for the proper length of time; or
149 impounded and held. An animal that which is not impounded with
150 the animal control authority must be humanely and safely
151 confined by the owner in a proper enclosure securely fenced or
152 enclosed area. The animal shall be confined in such manner
153 pending the outcome of the investigation and the resolution of
154 any hearings or appeals related to the dangerous dog
155 classification or any penalty imposed under this section. The
156 owner shall provide the address at which the animal resides
157 shall be provided to the animal control authority. A dog that is
158 the subject of a dangerous dog investigation may not be
159 relocated or have its ownership transferred pending the outcome
160 of the investigation and any hearings or appeals related to the
161 dangerous dog classification or any penalty imposed under this
162 section. If a dog is to be destroyed, the dog may not be
163 relocated or have its ownership transferred.
164 (2) A dog may not be declared dangerous if either of the
165 following apply:
166 (a) The threat, injury, or damage was sustained by a person
167 who, at the time, was unlawfully on the property or who, while
168 lawfully on the property, was tormenting, abusing, or assaulting
169 the dog or its owner or a family member.
170 (b) The dog was protecting or defending a human being
171 within the immediate vicinity of the dog from an unjustified
172 attack or assault.
173 (3) After the investigation, the animal control authority
174 shall make an initial determination as to whether there is
175 sufficient cause to classify the dog as dangerous and, if
176 sufficient cause is found, as to the appropriate penalty under
177 subsection (5). The animal control authority shall afford the
178 owner an opportunity for a hearing before prior to making a
179 final determination regarding the classification or penalty. The
180 animal control authority shall provide written notification of
181 the sufficient cause finding and proposed penalty to the owner
182 by registered mail or, certified hand delivery, or service in
183 conformance with the provisions of chapter 48 relating to
184 service of process. The owner may file a written request for a
185 hearing regarding the dangerous dog classification, penalty, or
186 both, within 7 calendar days after receipt of the notification
187 of the sufficient cause finding and proposed penalty. If the
188 owner requests a hearing, the hearing must shall be held as soon
189 as possible, but not later than 21 calendar days and not sooner
190 than 5 days after receipt of the request from the owner. If a
191 hearing is not timely requested regarding the dangerous dog
192 classification or proposed penalty, the determination of the
193 animal control authority as to such matter is shall become
194 final. Each applicable local governing authority shall establish
195 hearing procedures that conform to this subsection.
196 (4) Upon a dangerous dog classification and penalty
197 becoming final after a hearing or by operation of law pursuant
198 to subsection (3), the animal control authority shall do all of
199 the following:
200 (a) Provide a written final order to the owner by
201 registered mail or, certified hand delivery or service. The
202 owner may appeal the classification or, penalty, or both, to the
203 circuit court in accordance with the Florida Rules of Appellate
204 Procedure after receipt of the final order. If the dog is not
205 held by the animal control authority, the owner must confine the
206 dog in a proper enclosure securely fenced or enclosed area
207 pending resolution of the appeal. Each applicable local
208 governing authority must establish appeal procedures that
209 conform to this paragraph subsection.
210 (b) Provide the information required by s. 767.125(2) to
211 the department for the dangerous dog’s inclusion in the
212 statewide Dangerous Dog Registry.
213 (c) If the dog is classified as a dangerous dog due to an
214 incident that caused severe injury to a human being, destroy the
215 dog in an expeditious and humane manner.
216 (5)(a) Except as otherwise provided in paragraph (4)(c)
217 (b), the owner of a dog classified as a dangerous dog shall do
218 all of the following:
219 (a)1. Upon Within 14 days after issuance of the final order
220 classifying the dog as dangerous or the conclusion of any appeal
221 that affirms such final order, obtain a certificate of
222 registration for the dog from the animal control authority
223 serving the area in which he or she resides, and renew the
224 certificate annually. Animal control authorities may are
225 authorized to issue such certificates of registration, and
226 renewals thereof, only to persons who are at least 18 years of
227 age and who present to the animal control authority sufficient
228 evidence of all of the following:
229 1.a. A current certificate of rabies vaccination for the
230 dog.
231 2.b. A proper enclosure to confine the a dangerous dog and
232 the posting of the premises with a clearly visible warning sign
233 at all entry points which informs both children and adults of
234 the presence of a dangerous dog on the property.
235 3.c. Permanent identification of the dog, such as a tattoo
236 on the inside thigh or an electronic implantation of a
237 microchip.
238 4. The dog having been spayed or neutered.
239 5. Liability insurance as required by paragraph (b).
240
241 The appropriate governmental unit may impose an annual fee for
242 the issuance of certificates of registration required by this
243 section.
244 (b) Upon issuance of the final order classifying the dog as
245 dangerous or the conclusion of any appeal that affirms such
246 final order, obtain liability insurance coverage in an amount of
247 at least $100,000 to cover damages resulting from an attack by
248 the dangerous dog causing bodily injury to a person and provide
249 proof of the required liability insurance coverage to the animal
250 control authority for the area in which the dog is kept.
251 (c)2. Immediately notify the appropriate animal control
252 authority when the dog:
253 1.a. Is loose or unconfined;.
254 2.b. Has bitten a human being or attacked another animal;.
255 3.c. Is sold, given away, or dies; or.
256 4.d. Is moved to another address.
257 (d) Before selling or giving away the a dangerous dog is
258 sold or given away, the owner shall provide the name, address,
259 and telephone number of the new owner to the animal control
260 authority. The new owner must comply with all of the
261 requirements of this section and any implementing local
262 ordinances, even if the animal is moved from one local
263 jurisdiction to another within this the state. The animal
264 control officer must be notified by the owner of a dog
265 classified as dangerous that the dog is in his or her
266 jurisdiction.
267 (e)3. Not allow permit the dog to be outside a proper
268 enclosure unless the dog is muzzled and restrained by a
269 substantial chain or leash and under control of a competent
270 person. The muzzle must be made in a manner that will not cause
271 injury to the dog or interfere with its vision or respiration
272 but will prevent it from biting a person or an animal. The owner
273 may exercise the dog on the owner’s property in a proper
274 enclosure securely fenced or enclosed area that does not have a
275 top, without a muzzle or leash, if the dog remains within the
276 owner’s his or her sight and only members of the immediate
277 household or persons 18 years of age or older, if applicable,
278 are allowed in the enclosure when the dog is present. When being
279 transported, such dogs must be safely and securely restrained
280 within a vehicle.
281 (b) If a dog is classified as a dangerous dog due to an
282 incident that causes severe injury to a human being, based upon
283 the nature and circumstances of the injury and the likelihood of
284 a future threat to the public safety, health, and welfare, the
285 dog may be destroyed in an expeditious and humane manner.
286 (6) Hunting dogs are exempt from this section when engaged
287 in any legal hunt or training procedure. Dogs engaged in
288 training or exhibiting in legal sports such as obedience trials,
289 conformation shows, field trials, hunting/retrieving trials, and
290 herding trials are exempt from this section when engaged in any
291 legal procedures. However, such dogs at all other times in all
292 other respects are subject to this and local laws. Dogs that
293 have been classified as dangerous may not be used for hunting
294 purposes.
295 (7) A person who violates any provision of this section
296 commits a noncriminal infraction, punishable by a fine not to
297 exceed $1,000 per violation $500.
298 Section 6. Section 767.125, Florida Statutes, is created to
299 read:
300 767.125 Statewide Dangerous Dog Registry.—
301 (1) The department shall create and maintain a statewide
302 Dangerous Dog Registry that provides the public with a
303 searchable online database of dogs throughout this state which
304 have been declared dangerous by local authorities.
305 (2) Each animal control authority shall, at a minimum,
306 report all of the following information regarding a dangerous
307 dog within its jurisdiction to the department for inclusion in
308 the registry:
309 (a) A current certificate of rabies vaccination for the
310 dog.
311 (b) Evidence of a proper enclosure within which the
312 dangerous dog will be confined and of the posting of the
313 premises with a clearly visible warning sign at all entry points
314 which informs both children and adults of the presence of a
315 dangerous dog on the property.
316 (c) Evidence of permanent identification of the dog, such
317 as a tattoo on the inside thigh or an implantation of a
318 microchip.
319 (d) Evidence of the dog having been spayed or neutered.
320 (e) Evidence that the owner has obtained the required
321 liability insurance.
322 (f) The dog’s name and a photograph of the dog.
323 (g) The county in which the dog is located.
324 (h) The owner’s name and address.
325 (3) The department shall adopt rules to administer this
326 section.
327 Section 7. Subsections (1) and (2) of section 767.13,
328 Florida Statutes, are amended to read:
329 767.13 Attack or bite by dangerous dog; penalties;
330 confiscation; destruction.—
331 (1) If a dog that has previously been declared dangerous
332 attacks or bites a person or a domestic animal without
333 provocation, the owner commits is guilty of a misdemeanor of the
334 first degree, punishable as provided in s. 775.082 or s.
335 775.083. In addition, The dangerous dog must shall be
336 immediately confiscated by an animal control authority;, placed
337 in quarantine, if necessary, for the proper length of time;, or
338 impounded; and held for 10 business days after the owner is
339 given written notification under s. 767.12, and thereafter
340 destroyed in an expeditious and humane manner. This 10-day time
341 period shall allow The owner may to request a hearing under s.
342 767.12 during the 10-day time period. The owner is shall be
343 responsible for payment of all boarding costs and other fees as
344 may be required to humanely and safely keep the animal during
345 any appeal procedure.
346 (2) If a dog that has previously been declared dangerous
347 attacks and causes severe injury to or death of any human, the
348 owner commits is guilty of a felony of the third degree,
349 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
350 In addition, The dog must shall be immediately confiscated by an
351 animal control authority;, placed in quarantine, if necessary,
352 for the proper length of time; impounded; and or held for 10
353 business days after the owner is given written notification
354 under s. 767.12, and thereafter destroyed in an expeditious and
355 humane manner. This 10-day time period shall allow The owner may
356 to request a hearing under s. 767.12 during the 10-day time
357 period. The owner is shall be responsible for payment of all
358 boarding costs and other fees as may be required to humanely and
359 safely keep the animal during any appeal procedure.
360 Section 8. Section 767.135, Florida Statutes, is amended to
361 read:
362 767.135 Attack or bite by unclassified dog that causes
363 death; confiscation; destruction.—If a dog that has not been
364 declared dangerous attacks and causes the death of a human, the
365 dog must shall be immediately confiscated by an animal control
366 authority;, placed in quarantine, if necessary, for the proper
367 length of time; impounded; and or held for 10 business days
368 after the owner is given written notification under s. 767.12,
369 and thereafter destroyed in an expeditious and humane manner.
370 This 10-day time period shall allow The owner may to request a
371 hearing under s. 767.12 during the 10-day time period. If the
372 owner files a written appeal under s. 767.12 or this section,
373 the dog must be held and may not be destroyed while the appeal
374 is pending. The owner is responsible for payment of all boarding
375 costs and other fees as may be required to humanely and safely
376 keep the animal during any appeal procedure.
377 Section 9. Subsection (1) of section 767.136, Florida
378 Statutes, is amended to read:
379 767.136 Attack or bite by unclassified dog that causes
380 severe injury or death; penalties.—
381 (1) If a dog that has not been declared dangerous attacks
382 and causes severe injury to, or the death of, a human, and the
383 owner of the dog had knowledge of the dog’s dangerous
384 propensities, yet failed to secure the dog in a proper enclosure
385 pursuant to s. 767.01(2) demonstrated a reckless disregard for
386 such propensities under the circumstances, the owner of the dog
387 commits a misdemeanor of the second degree, punishable as
388 provided in s. 775.082 or s. 775.083.
389 Section 10. This act shall take effect July 1, 2024.
