House Bill 3675e1

                                          HB 3675, First Engrossed



  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; providing an effective

  7         date.

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

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

12  Statutes, is amended to read:

13         767.11  Definitions.--As used in this act, unless the

14  context clearly requires otherwise:

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

16  the records of the appropriate authority:

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

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

19  private property;

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

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

22  property;

23         (c)  Has been used primarily or in part for the purpose

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

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

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

27  menacing fashion or apparent attitude of attack, provided that

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

29  more persons and dutifully investigated by the appropriate

30  authority.

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






                                          HB 3675, First Engrossed



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

  2  Statutes, is amended to read:

  3         767.13  Attack or bite by dangerous dog; penalties;

  4  confiscation; destruction.--

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

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

  7  dog may shall be immediately confiscated by an animal control

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

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

10  given written notification under s. 767.12, and thereafter

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

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

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

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

15  and safely keep the animal during any appeal procedure. In

16  addition, if the owner of the dog had prior knowledge of the

17  dog's dangerous propensities, yet disregarded demonstrated a

18  reckless disregard for such propensities under the

19  circumstances, the owner of the dog is guilty of a misdemeanor

20  of the second degree, punishable as provided in s. 775.082 or

21  s. 775.083.

22         Section 3.  This act shall take effect July 1, 1998.

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