Senate Bill 2104c1

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    Florida Senate - 1998                           CS for SB 2104

    By the Committee on Agriculture and Senator Kurth





    303-2046A-98

  1                      A bill to be entitled

  2         An act relating to dogs; amending s. 767.11,

  3         F.S.; redefining the term "dangerous dog";

  4         amending s. 767.13, F.S.; providing penalties

  5         for a dog owner that disregards the dog's

  6         dangerous propensities; amending s. 828.12,

  7         F.S.; providing restrictions on persons who

  8         have been adjudicated guilty of or had

  9         adjudication withheld for cruelty to animals;

10         amending s. 767.12, F.S.; amending procedures

11         relating to imposing restrictions upon dogs

12         classified as dangerous; including dogs that

13         are subject to similar restrictions imposed by

14         jurisdictions outside this state; providing an

15         effective date.

16

17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (1) of section 767.11, Florida

20  Statutes, is amended to read:

21         767.11  Definitions.--As used in this act, unless the

22  context clearly requires otherwise:

23         (1)  "Dangerous dog" means any dog that according to

24  the records of the appropriate authority:

25         (a)  Has aggressively bitten, attacked, or endangered

26  or has inflicted severe injury on a human being on public or

27  private property;

28         (b)  Has, without provocation, more than once severely

29  injured or killed a domestic animal while off the owner's

30  property;

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    Florida Senate - 1998                           CS for SB 2104
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  1         (c)  Has been used primarily or in part for the purpose

  2  of dog fighting or is a dog trained for dog fighting; or

  3         (d)  Has, when unprovoked, chased or approached a

  4  person upon the streets, sidewalks, or any public grounds in a

  5  menacing fashion or apparent attitude of attack, provided that

  6  such actions are attested to in a sworn statement by one or

  7  more persons and dutifully investigated by the appropriate

  8  authority.

  9         Section 2.  Subsection (2) of section 767.13, Florida

10  Statutes, is amended to read:

11         767.13  Attack or bite by dangerous dog; penalties;

12  confiscation; destruction.--

13         (2)  If a dog that has not been declared dangerous

14  attacks and causes severe injury to or death of any human, the

15  dog shall be immediately confiscated by an animal control

16  authority, placed in quarantine, if necessary, for the proper

17  length of time or held for 10 business days after the owner is

18  given written notification under s. 767.12, and thereafter

19  destroyed in an expeditious and humane manner. This 10-day

20  time period shall allow the owner to request a hearing under

21  s. 767.12. The owner shall be responsible for payment of all

22  boarding costs and other fees as may be required to humanely

23  and safely keep the animal pending final resolution during any

24  appeal procedure. In addition, if the owner of the dog had

25  prior knowledge of the dog's dangerous propensities, yet

26  demonstrated a reckless disregard for such propensities under

27  the circumstances, the owner of the dog is guilty of a

28  misdemeanor of the second degree, punishable as provided in s.

29  775.082 or s. 775.083.

30         Section 3.  Subsection (4) is added to section 828.12,

31  Florida Statutes, to read:

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    Florida Senate - 1998                           CS for SB 2104
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  1         828.12  Cruelty to animals.--

  2         (4)(a)  If a person receives a withholding of

  3  adjudication or an adjudication of guilt for a violation of

  4  this section, all domestic animals that were the subject of

  5  the violation shall be forfeited, as determined by the

  6  arresting officer or state attorney, to the municipal, county,

  7  or local humane society for adoption or euthanasia as

  8  appropriate, without any order of forfeiture or additional

  9  proceeding being necessary.

10         (b)  A person who possesses a domestic animal after

11  having received a withholding of adjudication or an

12  adjudication of guilt for a violation of this section is

13  guilty of a misdemeanor of the first degree, punishable as

14  provided in s. 775.082 or s. 775.083. However, this paragraph

15  does not apply if:

16         1.  The person had received an order allowing

17  possession of a domestic animal. A court may issue an order

18  allowing possession of domestic animals upon a showing that

19  the domestic animals will be well treated; or

20         2.  The person possesses domestic animals for sale,

21  resale, or sale of a product thereof and has all necessary

22  licenses and receives at least 30 percent of his or her annual

23  gross income from such sale or resale. This paragraph does not

24  prohibit a court from ordering a person not to possess a

25  domestic animal as a condition of probation.

26         (c)  If a person receives a withholding adjudication or

27  an adjudication of guilt for a violation of this section, all

28  wildlife that were the subject of the violation shall be

29  forfeited to the Florida Game and Fresh Water Fish Commission

30  for adoption or euthanasia, as appropriate, without any order

31  of forfeiture or additional proceedings.  The authorization of

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    Florida Senate - 1998                           CS for SB 2104
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  1  such person to possess wildlife shall be determined by the

  2  Florida Game and Fresh Water Fish Commission pursuant to

  3  chapter 372, Florida Statutes, and the rules of the

  4  commission.

  5         Section 4.  Section 767.12, Florida Statutes, is

  6  amended to read:

  7         767.12  Classification of dogs as dangerous;

  8  certification of registration; notice and hearing

  9  requirements; confinement of animal; exemption; appeals;

10  unlawful acts.--

11         (1)(a)  An animal control authority shall investigate

12  reported incidents involving any dog that may be dangerous and

13  shall, if possible, interview the owner and require a sworn

14  affidavit from any person, including any animal control

15  officer or enforcement officer, desiring to have a dog

16  classified as dangerous. Any animal that is the subject of a

17  dangerous dog investigation, that is not impounded with the

18  animal control authority, shall be humanely and safely

19  confined by the owner in a securely fenced or enclosed area

20  pending the outcome of the investigation and resolution of any

21  hearings related to the dangerous dog classification. The

22  address of where the animal resides shall be provided to the

23  animal control authority. No dog that is the subject of a

24  dangerous dog investigation may be relocated or ownership

25  transferred pending the outcome of an investigation or any

26  hearings related to the determination of a dangerous dog

27  classification. In the event that a dog is to be destroyed,

28  the dog shall not be relocated or ownership transferred.

29         (b)  A dog shall not be declared dangerous if the

30  threat, injury, or damage was sustained by a person who, at

31  the time, was unlawfully on the property or, while lawfully on

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    Florida Senate - 1998                           CS for SB 2104
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  1  the property, was tormenting, abusing, or assaulting the dog

  2  or its owner or a family member. No dog may be declared

  3  dangerous if the dog was protecting or defending a human being

  4  within the immediate vicinity of the dog from an unjustified

  5  attack or assault.

  6         (c)  After the investigation, the animal control

  7  authority shall make an initial determination as to whether

  8  there is sufficient cause to classify the dog as dangerous and

  9  shall afford the owner an opportunity for a hearing prior to

10  making a final determination. The animal control authority

11  shall provide written notification of the sufficient cause

12  finding, to the owner, by registered mail, certified hand

13  delivery, or service in conformance with the provisions of

14  chapter 48 relating to service of process. The owner may file

15  a written request for a hearing within 7 calendar days from

16  the date of receipt of the notification of the sufficient

17  cause finding and, if requested, the hearing shall be held as

18  soon as possible, but not more than 21 calendar days and no

19  sooner than 5 days after receipt of the request from the

20  owner. Each applicable local governing authority shall

21  establish hearing procedures that conform to this paragraph.

22         (c)(d)  Once a dog is classified as a dangerous dog,

23  the animal control authority shall provide written

24  notification to the owner by registered mail, certified hand

25  delivery or service, and the owner may file a written request

26  for a hearing in the county court to challenge appeal the

27  classification within 10 business days after receipt of a

28  written determination of dangerous dog classification. This

29  hearing must be held within 21 days after the request is

30  received or as soon thereafter as is practical. The owner and

31  must confine the dog in a securely fenced or enclosed area

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    Florida Senate - 1998                           CS for SB 2104
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  1  pending the final a resolution of the matter appeal. Except

  2  for requiring a securely fenced or enclosed area, the animal

  3  control authority may not impose any of the dangerous dog

  4  requirements as provided in s. 767.12(2) or (4) until the

  5  county court case is resolved. Each applicable local governing

  6  authority must establish appeal procedures that conform to

  7  this paragraph.

  8         (2)  Within 14 days after a dog has been classified as

  9  dangerous by the animal control authority or a dangerous dog

10  classification is upheld by the county court on appeal, the

11  owner of the dog must obtain a certificate of registration for

12  the dog from the animal control authority serving the area in

13  which he or she resides. This, and the certificate shall be

14  renewed annually. Animal control authorities are authorized to

15  issue such certificates of registration, and renewals thereof,

16  only to persons who are at least 18 years of age and who

17  present to the animal control authority sufficient evidence

18  of:

19         (a)  A current certificate of rabies vaccination for

20  the dog.

21         (b)  A proper enclosure to confine a dangerous dog and

22  the posting of the premises with a clearly visible warning

23  sign at all entry points that informs both children and adults

24  of the presence of a dangerous dog on the property.

25         (c)  Permanent identification of the dog, such as a

26  tattoo on the inside thigh or electronic implantation.

27

28  The appropriate governmental unit may impose an annual fee for

29  the issuance of certificates of registration required by this

30  section.

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    Florida Senate - 1998                           CS for SB 2104
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  1         (3)  The owner shall immediately notify the appropriate

  2  animal control authority when a dog that has been classified

  3  as dangerous:

  4         (a)  Is loose or unconfined.

  5         (b)  Has bitten a human being or attacked another

  6  animal.

  7         (c)  Is sold, given away, or dies.

  8         (d)  Is moved to another address.

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10  Prior to a dangerous dog being sold or given away, the owner

11  shall provide the name, address, and telephone number of the

12  new owner to the animal control authority. The new owner must

13  comply with all of the requirements of this act and applicable

14  implementing local ordinances, even if the animal is moved

15  from one local jurisdiction to another within the state. The

16  owner of an animal that is classified as dangerous or one that

17  is subject to similar restrictions imposed by a jurisdiction

18  outside this state must comply with this act and applicable

19  local ordinances. The animal control authority officer must be

20  notified by the owner of a dog classified as dangerous within

21  this state or one that is subject to similar restrictions

22  imposed by a jurisdiction outside this state that the dog is

23  in its his or her jurisdiction.

24         (4)  It is unlawful for the owner of a dangerous dog to

25  permit the dog to be outside a proper enclosure unless the dog

26  is muzzled and restrained by a substantial chain or leash and

27  under control of a competent person.  The muzzle must be made

28  in a manner that will not cause injury to the dog or interfere

29  with its vision or respiration but will prevent it from biting

30  any person or animal.  The owner may exercise the dog in a

31  securely fenced or enclosed area that does not have a top,

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    Florida Senate - 1998                           CS for SB 2104
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  1  without a muzzle or leash, if the dog remains within his or

  2  her sight and only members of the immediate household or

  3  persons 18 years of age or older are allowed in the enclosure

  4  when the dog is present.  When being transported, such dogs

  5  must be safely and securely restrained within a vehicle.

  6         (5)  Hunting dogs are exempt from the provisions of

  7  this act when engaged in any legal hunt or training procedure.

  8  A dog is exempt from this section when engaged in any legal

  9  herding of cows or hogs, when protecting its young, or when

10  protecting its food. Dogs engaged in training or exhibiting in

11  legal sports such as obedience trials, conformation shows,

12  field trials, hunting/retrieving trials, and herding trials

13  are exempt from the provisions of this act when engaged in any

14  legal procedures. However, such dogs at all other times in all

15  other respects shall be subject to this and local laws.  Dogs

16  that have been classified as dangerous shall not be used for

17  hunting purposes.

18         (6)  This section does not apply to dogs used by law

19  enforcement officials for law enforcement work.

20         (7)  Any person who violates any provision of this

21  section is guilty of a noncriminal infraction, punishable by a

22  fine not exceeding $500.

23         Section 5.  Subsection (5) is added to section 784.05,

24  Florida Statutes, to read:

25         784.05  Culpable negligence.--

26         (5)  A person who violates subsection (1) by knowingly

27  permitting a dog or dogs owned by that person to run at large

28  as a pack of dogs commits:

29         (a)  If that pack of dogs inflicts significant injury

30  on any person, a misdemeanor of the first degree, punishable

31  as provided in s. 775.082 or s. 775.083; or

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    Florida Senate - 1998                           CS for SB 2104
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  1         (b)  If death of any person occurs from injury

  2  inflicted by the pack of dogs, a felony of the third degree,

  3  punishable as provided in s. 775.082, s. 775.083, or s.

  4  775.084.

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  6  As used in this subsection, the term "pack of dogs" means more

  7  than two dogs engaged in the same activity.

  8         Section 6.  This act shall take effect July 1, 1998.

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    Florida Senate - 1998                           CS for SB 2104
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2104

  3

  4  The Committee Substitute:

  5  1.   Restores the original language to s. 767.13, F.S.,
         providing that if a dog not previously declared dangerous
  6       attacks and causes severe injury to or death of any human
         that the dog will be immediately confiscated, and if the
  7       owner had knowledge of the dog's dangerous propensities
         but demonstrated a reckless disregard for those
  8       propensities, the owner is guilty of a first degree
         misdemeanor.
  9
    2.   Provides that domestic animals that are the subject of a
10       cruelty to animals violation be forfeited to appropriate
         local animal control authority, and that a person
11       violating the cruelty to animals statute is not to
         possess domestic animals unless under a court order or if
12       the person receives at least 30 percent of their annual
         gross income from domestic animals.
13
    3.   Provides that wildlife that are the subject of a cruelty
14       to animals violation be forfeited to the Florida Game and
         Fresh Water Fish Commission, and that the authorization
15       of the violating person to possess wildlife will be
         determined by the Commission.
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    4.   Amends the hearing and appeal process regarding the
17       classification of dangerous dogs by providing a hearing
         in county court on such a classification and prohibits
18       the imposition of dangerous dog requirements until the
         county court case is resolved.
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    5.   Requires when a dangerous dog is transferred to a new
20       owner, the new owner must comply with all dangerous dog
         requirements, that dogs classified as dangerous in a
21       jurisdiction outside the state must also comply, and that
         an owner of a dangerous dog notify the local animal
22       control authority when moving into that authority's
         jurisdiction.
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    6.   Exempts dogs from application of the dangerous dog
24       statute when the dog is engaged in legal herding of cows
         or hogs, when protecting its young, or when the dog is
25       protecting its food.

26  7.   Appends to the culpable negligence statute criminal
         liability for the owner of a dog or dogs that permits
27       such dogs to run at large as a pack of dogs in two
         circumstances:
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         -    if the pack of dogs inflicts significant injury on a
29            person, the owner is guilty of a first degree
              misdemeanor
30
         -    if the pack of dogs inflicts an injury resulting in
31            the death of a person, the owner is guilty of a
              third degree felony
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    Florida Senate - 1998                           CS for SB 2104
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  1       Defines "pack of dogs" as more than two dogs engaged in
              the same activity.
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