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





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 355

    Amendment No. 1 (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 Community Affairs offered the following:

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13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

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16  and insert in lieu thereof:

17         Section 1.  Section 767.06, Florida Statutes, is

18  created to read:

19         767.06  Additional local restrictions

20  authorized.--Nothing in this chapter shall limit any local

21  government from adopting regulations specific to breed,

22  provided that the provisions of this chapter are not lessened

23  by such additional regulations or requirements.

24         Section 2.  Subsections 1(c),(d) and subsection 2 of

25  section 767.12, Florida Statutes, are amended to read:

26         767.12  Classification of dogs as dangerous;

27  certification of registration; notice and hearing

28  requirements; confinement of animal; exemption; appeals;

29  unlawful acts.--

30         (c)  After the investigation, the animal control

31  authority shall review the records and any other materials

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    File original & 9 copies    01/19/00
    hca0012                     06:49 pm         00355-ca  -095113




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 355

    Amendment No. 1 (for drafter's use only)





 1  collected during the course of the investigation and make an

 2  initial determination as to whether there is sufficient cause

 3  to classify the dog as dangerous and shall afford the owner an

 4  opportunity for a hearing prior to making a final

 5  determination. The animal control authority shall provide

 6  written notification of the sufficient cause finding, to the

 7  owner, by registered mail, certified hand delivery, or service

 8  in conformance with the provisions of chapter 48 relating to

 9  service of process. The owner may file a written request for

10  an evidentiary hearing in county court to challenge the

11  finding of sufficient cause within 10 business 7 calendar days

12  from the date of receipt of the notification of the sufficient

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

14  soon thereafter as is practical, but as possible, but not more

15  than 21 calendar days and no sooner than 5 business days after

16  receipt of the request from the owner. If the owner fails to

17  file a written request for a hearing within 10 business days,

18  at the expiration of this 10-day time period, the animal shall

19  be deemed to be classified as a dangerous dog. Each applicable

20  local governing authority shall establish hearing procedures

21  that conform to this paragraph.

22         (d)  Once the owner has received the Findings of

23  Sufficient Cause, the owner Once a dog is classified as a

24  dangerous dog, the animal control authority shall provide

25  written notification to the owner by registered mail,

26  certified hand delivery or service, and the owner may file a

27  written request for a hearing in the county court to appeal

28  the classification within 10 business days after receipt of a

29  written determination of dangerous dog classification and must

30  confine the dog in a securely fenced or enclosed area pending

31  a resolution of the matter appeal. Except for requiring a

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    hca0012                     06:49 pm         00355-ca  -095113




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 355

    Amendment No. 1 (for drafter's use only)





 1  proper enclosure as defined in this chapter, impounding the

 2  animal, and prohibiting the relocation or transfer of

 3  ownership of the animal, the animal control authority may not

 4  impose any of the dangerous dog requirements as provided in s.

 5  767.12(2) or (4) until the county court case is resolved. Each

 6  applicable local governing authority must establish appeal

 7  procedures that conform to this paragraph.

 8         (2)  Unless an appeal of the county court determination

 9  has been filed, within 14 days after a dog has been classified

10  as dangerous by the animal control authority or a dangerous

11  dog classification is upheld by the county court on appeal,

12  the owner of the dog must obtain a certificate of registration

13  for the dog from the animal control authority serving the area

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

15  renewed annually. Animal control authorities are authorized to

16  issue such certificates of registration, and renewals thereof,

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

18  present to the animal control authority sufficient evidence

19  of:

20         (a)  A current certificate of rabies vaccination for

21  the dog.

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

23  the posting of the premises with a clearly visible warning

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

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

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

27  tattoo on the inside thigh or electronic implantation.

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29  The appropriate governmental unit may impose an annual fee for

30  the issuance of certificates of registration required by this

31  section.  Should the owner appeal the county court's

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    File original & 9 copies    01/19/00
    hca0012                     06:49 pm         00355-ca  -095113




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 355

    Amendment No. 1 (for drafter's use only)





 1  classification, the court may impose any requirements it deems

 2  appropriate during the pendency of the appeal.

 3         Section 3.  Section 767.14, Florida Statutes, is

 4  amended to read:

 5         767.14  Additional local restrictions

 6  authorized.--Nothing in this act shall limit any local

 7  government from placing further restrictions or additional

 8  requirements on owners of dangerous dogs or developing

 9  procedures and criteria for the implementation of this act,

10  provided that no such regulation is specific to breed and that

11  the provisions of this act are not lessened by such additional

12  regulations or requirements.  This section shall not apply to

13  any local ordinance adopted prior to October 1, 1990.

14         Section 4.  This act shall take effect upon becoming a

15  law.

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

19  And the title is amended as follows:

20         On page 1, lines 2-11,

21  remove from the title of the bill:  all of said lines

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23  and insert in lieu thereof:

24         An act relating to dangerous dogs; creating s.

25         767.06, F.S.; allowing local governments to

26         adopt breed specific regulations; amending ss.

27         767.12 (1)(c)(d) and (2) by clarifying and

28         streamlining classification and hearing

29         process; amending s. 767.14, F.S.; revising

30         provisions relating to the authority of local

31         governments to place further restrictions or

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    File original & 9 copies    01/19/00
    hca0012                     06:49 pm         00355-ca  -095113




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 355

    Amendment No. 1 (for drafter's use only)





 1         additional requirements on owners of dangerous

 2         dogs or to develop procedures and criteria for

 3         the implementation of state law governing

 4         dangerous dogs to remove a restriction that no

 5         local regulation be specific to breed; revising

 6         applicability; providing an effective date.

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    File original & 9 copies    01/19/00
    hca0012                     06:49 pm         00355-ca  -095113