CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3675

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Agriculture offered the following:

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13         Substitute Amendment for Amendment (922787) (with title

14  amendment) 

15  Remove from the bill:  Everything after the enacting clause

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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

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    File original & 9 copies    04/16/98
    hag0009                     12:04 pm         03675-ag  -645335




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3675

    Amendment No.     (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.  This act shall take effect July 1, 1998.

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    File original & 9 copies    04/16/98
    hag0009                     12:04 pm         03675-ag  -645335




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 3675

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

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 5  and insert in lieu thereof:

 6                      A bill to be entitled

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

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

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

10         for a dog owner that disregards the dog's

11         dangerous propensities; providing an effective

12         date.

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    File original & 9 copies    04/16/98
    hag0009                     12:04 pm         03675-ag  -645335