Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1156
Ì748266FÎ748266
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/23/2024 .
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The Committee on Agriculture (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 288 - 396
4 and insert:
5 (6) Hunting dogs are exempt from this section when engaged
6 in any legal hunt or training procedure. Dogs engaged in
7 training or exhibiting in legal sports such as obedience trials,
8 conformation shows, field trials, hunting/retrieving trials, and
9 herding trials are exempt from this section when engaged in any
10 legal procedures. However, such dogs at all other times in all
11 other respects are subject to this and local laws. Dogs that
12 have been classified as dangerous may not be used for hunting
13 purposes.
14 (7) A person who violates any provision of this section
15 commits a noncriminal infraction, punishable by a fine not to
16 exceed $1,000 per violation $500.
17 Section 5. Section 767.125, Florida Statutes, is created to
18 read:
19 767.125 Statewide Dangerous Dog Registry.—
20 (1) The department shall create and maintain a statewide
21 Dangerous Dog Registry that provides the public with a
22 searchable online database of dogs throughout this state which
23 have been declared dangerous by local authorities.
24 (2) Each animal control authority shall, at a minimum,
25 report all of the following information regarding a dangerous
26 dog within its jurisdiction to the department for inclusion in
27 the registry:
28 (a) A current certificate of rabies vaccination for the
29 dog.
30 (b) Evidence of a proper enclosure within which the
31 dangerous dog will be confined and of the posting of the
32 premises with a clearly visible warning sign at all entry points
33 which informs both children and adults of the presence of a
34 dangerous dog on the property.
35 (c) Evidence of permanent identification of the dog, such
36 as a tattoo on the inside thigh or an implantation of a
37 microchip.
38 (d) Evidence of the dog having been spayed or neutered.
39 (e) Evidence that the owner has obtained the required
40 liability insurance.
41 (f) The dog’s name and a photograph of the dog.
42 (g) The county in which the dog is located.
43 (h) The owner’s name and address.
44 (3) The department shall adopt rules to administer this
45 section.
46 Section 6. Subsections (1) and (2) of section 767.13,
47 Florida Statutes, are amended to read:
48 767.13 Attack or bite by dangerous dog; penalties;
49 confiscation; destruction.—
50 (1) If a dog that has previously been declared dangerous
51 attacks or bites a person or a domestic animal without
52 provocation, the owner commits is guilty of a misdemeanor of the
53 first degree, punishable as provided in s. 775.082 or s.
54 775.083. In addition, The dangerous dog must shall be
55 immediately confiscated by an animal control authority;, placed
56 in quarantine, if necessary, for the proper length of time;, or
57 impounded; and held for 10 business days after the owner is
58 given written notification under s. 767.12, and thereafter
59 destroyed in an expeditious and humane manner. This 10-day time
60 period shall allow The owner may to request a hearing under s.
61 767.12 during the 10-day time period. The owner is shall be
62 responsible for payment of all boarding costs and other fees as
63 may be required to humanely and safely keep the animal during
64 any appeal procedure.
65 (2) If a dog that has previously been declared dangerous
66 attacks and causes severe injury to or death of any human, the
67 owner commits is guilty of a felony of the third degree,
68 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
69 In addition, The dog must shall be immediately confiscated by an
70 animal control authority;, placed in quarantine, if necessary,
71 for the proper length of time; impounded; and or held for 10
72 business days after the owner is given written notification
73 under s. 767.12, and thereafter destroyed in an expeditious and
74 humane manner. This 10-day time period shall allow The owner may
75 to request a hearing under s. 767.12 during the 10-day time
76 period. The owner is shall be responsible for payment of all
77 boarding costs and other fees as may be required to humanely and
78 safely keep the animal during any appeal procedure.
79 Section 7. Section 767.135, Florida Statutes, is amended to
80 read:
81 767.135 Attack or bite by unclassified dog that causes
82 death; confiscation; destruction.—If a dog that has not been
83 declared dangerous attacks and causes the death of a human, the
84 dog must shall be immediately confiscated by an animal control
85 authority;, placed in quarantine, if necessary, for the proper
86 length of time; impounded; and or held for 10 business days
87 after the owner is given written notification under s. 767.12,
88 and thereafter destroyed in an expeditious and humane manner.
89 This 10-day time period shall allow The owner may to request a
90 hearing under s. 767.12 during the 10-day time period. If the
91 owner files a written appeal under s. 767.12 or this section,
92 the dog must be held and may not be destroyed while the appeal
93 is pending. The owner is responsible for payment of all boarding
94 costs and other fees as may be required to humanely and safely
95 keep the animal during any appeal procedure.
96 Section 8. Subsection (1) of section 767.136, Florida
97 Statutes, is amended to read:
98 767.136 Attack or bite by unclassified dog that causes
99 severe injury or death; penalties.—
100 (1) If a dog that has not been declared dangerous attacks
101 and causes severe injury to, or the death of, a human, and the
102 owner of the dog had knowledge of the dog’s dangerous
103 propensities, yet failed to secure the dog in a proper enclosure
104 pursuant to s. 767.01(2) demonstrated a reckless disregard for
105 such propensities under the circumstances, the owner of the dog
106 commits a misdemeanor of the second degree, punishable as
107 provided in s. 775.082 or s. 775.083.
108
109 ================= T I T L E A M E N D M E N T ================
110 And the title is amended as follows:
111 Delete lines 23 - 38
112 and insert:
113 for such insurance; revising the civil penalty for
114 violations; creating s. 767.125, F.S.; requiring the
115 department to create and maintain a statewide
116 Dangerous Dog Registry; providing the purpose of the
117 registry; requiring animal control authorities to
118 provide the department with certain information;
119 requiring the department to adopt rules; amending ss.
120 767.13 and 767.135, F.S.; making technical changes;
121 conforming provisions to changes made by the act;
122 amending s. 767.136, F.S.; revising the circumstances
123 under which the owner of a dog that has not been
124 declared dangerous is liable for such dog’s severe
125 injury to, or the death of, a human;