CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 3675
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 The Committee on Law Enforcement & Public Safety offered the
12 following:
13
14 Amendment (with title amendment)
15 Remove from the bill: Everything after the enacting clause
16
17 and insert in lieu thereof:
18 Section 1. Subsection (1) of section 767.11, Florida
19 Statutes, is amended to read:
20 767.11 Definitions.--As used in this act, unless the
21 context clearly requires otherwise:
22 (1) "Dangerous dog" means any dog that according to
23 the records of the appropriate authority:
24 (a) Has aggressively bitten, attacked, or endangered
25 or has inflicted severe injury on a human being on public or
26 private property;
27 (b) Has, without provocation, more than once severely
28 injured or killed a domestic animal while off the owner's
29 property;
30 (c) Has been used primarily or in part for the purpose
31 of dog fighting or is a dog trained for dog fighting; or
1
File original & 9 copies 04/20/98
hle0002 08:19 am 03675-leps-190005
HOUSE AMENDMENT
Bill No. HB 3675
Amendment No. 01 (for drafter's use only)
1 (d) Has, when unprovoked, chased or approached a
2 person upon the streets, sidewalks, or any public grounds in a
3 menacing fashion or apparent attitude of attack, provided that
4 such actions are attested to in a sworn statement by one or
5 more persons and dutifully investigated by the appropriate
6 authority.
7 Section 2. Subsection (2) of section 767.13, Florida
8 Statutes, is amended to read:
9 767.13 Attack or bite by dangerous dog; penalties;
10 confiscation; destruction.--
11 (2) If a dog that has not been declared dangerous
12 attacks and causes severe injury to or death of any human, the
13 dog may shall be immediately confiscated by an animal control
14 authority, placed in quarantine, if necessary, for the proper
15 length of time or held for 10 business days after the owner is
16 given written notification under s. 767.12, and thereafter
17 destroyed in an expeditious and humane manner. This 10-day
18 time period shall allow the owner to request a hearing under
19 s. 767.12. The owner shall be responsible for payment of all
20 boarding costs and other fees as may be required to humanely
21 and safely keep the animal during any appeal procedure. In
22 addition, if the owner of the dog had prior knowledge of the
23 dog's dangerous propensities, yet disregarded demonstrated a
24 reckless disregard for such propensities under the
25 circumstances, the owner of the dog is guilty of a misdemeanor
26 of the second degree, punishable as provided in s. 775.082 or
27 s. 775.083.
28 Section 3. Subsection (4) is added to section 828.12,
29 Florida Statutes, to read:
30 828.12 Cruelty to animals.--
31 (4)(a) If a person receives a withholding of
2
File original & 9 copies 04/20/98
hle0002 08:19 am 03675-leps-190005
HOUSE AMENDMENT
Bill No. HB 3675
Amendment No. 01 (for drafter's use only)
1 adjudication or an adjudication of guilt for a violation of
2 this section, all domestic animals that were the subject of
3 the violation shall be forfeited, as determined by the
4 arresting officer or state attorney, to the municipal, county,
5 or local humane society for adoption or euthanasia as
6 appropriate, without any order of forfeiture or additional
7 proceeding being necessary.
8 (b) A person who possesses a domestic animal after
9 having received a withholding of adjudication or an
10 adjudication of guilt for a violation of this section is
11 guilty of a misdemeanor of the first degree, punishable as
12 provided in s. 775.082 or s. 775.083. However, this paragraph
13 does not apply if:
14 1. The person had received an order allowing
15 possession of a domestic animal. A court may issue an order
16 allowing possession of domestic animals upon a showing that
17 the domestic animals will be well treated; or
18 2. The person possesses domestic animals for sale,
19 resale, or sale of a product thereof and has all necessary
20 licenses and receives at least 30 percent of his or her annual
21 gross income from such sale or resale. This paragraph does not
22 prohibit a court from ordering a person not to possess a
23 domestic animal as a condition of probation.
24 (c) If a person receives a withholding adjudication or
25 an adjudication of guilt for a violation of this section, all
26 wildlife that were the subject of the violation shall be
27 forfeited to the Florida Game and Fresh Water Fish Commission
28 for adoption or euthanasia, as appropriate, without any order
29 of forfeiture or additional proceedings. The authorization of
30 such person to possess wildlife shall be determined by the
31 Florida Game and Fresh Water Fish Commission pursuant to
3
File original & 9 copies 04/20/98
hle0002 08:19 am 03675-leps-190005
HOUSE AMENDMENT
Bill No. HB 3675
Amendment No. 01 (for drafter's use only)
1 Chapter 372, Florida Statutes, and the rules of the
2 Commission.
3 Section 4. This act shall take effect July 1, 1998.
4
5
6 ================ T I T L E A M E N D M E N T ===============
7 And the title is amended as follows:
8 remove from the title of the bill: the entire title
9
10 and insert in lieu thereof:
11 A bill to be entitled
12 An act relating to dogs; amending s. 767.11,
13 F.S.; redefining the term "dangerous dog";
14 amending s. 767.13, F.S.; providing penalties
15 for a dog owner that disregards the dog's
16 dangerous propensities; amending s. 828.12,
17 F.S.; providing restrictions on persons who
18 have been adjudicated guilty of or had
19 adjudication withheld for cruelty to animals;
20 providing an effective date.
21
22
23
24
25
26
27
28
29
30
31
4
File original & 9 copies 04/20/98
hle0002 08:19 am 03675-leps-190005