CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 355
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 (095113) (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. Section 767.06, Florida Statutes, is
19 created to read:
20 767.06 Additional local restrictions
21 authorized.--Nothing in this chapter shall limit any local
22 government from adopting regulations specific to breed, only
23 in public places (parks, public beaches, public events in
24 public parks or facilities), provided that the provisions of
25 this chapter are not lessened by such additional regulations
26 or requirements.
27 Section 2. Subsections 1(c),(d) and subsection 2 of
28 section 767.12, Florida Statutes, are amended to read:
29 767.12 Classification of dogs as dangerous;
30 certification of registration; notice and hearing
31 requirements; confinement of animal; exemption; appeals;
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HOUSE AMENDMENT
Bill No. HB 355
Amendment No. (for drafter's use only)
1 unlawful acts.--
2 (c) After the investigation, the animal control
3 authority shall review the records and any other materials
4 collected during the course of the investigation and make an
5 initial determination as to whether there is sufficient cause
6 to classify the dog as dangerous and shall afford the owner an
7 opportunity for a hearing prior to making a final
8 determination. The animal control authority shall provide
9 written notification of the sufficient cause finding, to the
10 owner, by registered mail, certified hand delivery, or service
11 in conformance with the provisions of chapter 48 relating to
12 service of process. The owner may file a written request for
13 an evidentiary hearing in county court to challenge the
14 finding of sufficient cause within 10 business 7 calendar days
15 from the date of receipt of the notification of the sufficient
16 cause finding and, if requested, the hearing shall be held as
17 soon thereafter as is practical, but as possible, but not more
18 than 21 calendar days and no sooner than 5 business days after
19 receipt of the request from the owner. If the owner fails to
20 file a written request for a hearing within 10 business days,
21 at the expiration of this 10-day time period, the animal shall
22 be deemed to be classified as a dangerous dog. Each applicable
23 local governing authority shall establish hearing procedures
24 that conform to this paragraph.
25 (d) Once the owner has received the Findings of
26 Sufficient Cause, the owner Once a dog is classified as a
27 dangerous dog, the animal control authority shall provide
28 written notification to the owner by registered mail,
29 certified hand delivery or service, and the owner may file a
30 written request for a hearing in the county court to appeal
31 the classification within 10 business days after receipt of a
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hag0009 02:48 pm 00355-ag -883645
HOUSE AMENDMENT
Bill No. HB 355
Amendment No. (for drafter's use only)
1 written determination of dangerous dog classification and must
2 confine the dog in a securely fenced or enclosed area pending
3 a resolution of the matter appeal. Except for requiring a
4 proper enclosure as defined in this chapter, impounding the
5 animal, and prohibiting the relocation or transfer of
6 ownership of the animal, the animal control authority may not
7 impose any of the dangerous dog requirements as provided in s.
8 767.12(2) or (4) until the county court case is resolved. Each
9 applicable local governing authority must establish appeal
10 procedures that conform to this paragraph.
11 (2) Unless an appeal of the county court determination
12 has been filed, within 14 days after a dog has been classified
13 as dangerous by the animal control authority or a dangerous
14 dog classification is upheld by the county court on appeal,
15 the owner of the dog must obtain a certificate of registration
16 for the dog from the animal control authority serving the area
17 in which he or she resides. This, and the certificate shall be
18 renewed annually. Animal control authorities are authorized to
19 issue such certificates of registration, and renewals thereof,
20 only to persons who are at least 18 years of age and who
21 present to the animal control authority sufficient evidence
22 of:
23 (a) A current certificate of rabies vaccination for
24 the dog.
25 (b) A proper enclosure to confine a dangerous dog and
26 the posting of the premises with a clearly visible warning
27 sign at all entry points that informs both children and adults
28 of the presence of a dangerous dog on the property.
29 (c) Permanent identification of the dog, such as a
30 tattoo on the inside thigh or electronic implantation.
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HOUSE AMENDMENT
Bill No. HB 355
Amendment No. (for drafter's use only)
1 The appropriate governmental unit may impose an annual fee for
2 the issuance of certificates of registration required by this
3 section. Should the owner appeal the county court's
4 classification, the court may impose any requirements it deems
5 appropriate during the pendency of the appeal.
6 Section 3. Section 767.14, Florida Statutes, is
7 amended to read:
8 67.14 Additional local restrictions
9 authorized.--Nothing in this act shall limit any local
10 government from placing further restrictions or additional
11 requirements on owners of dangerous dogs or developing
12 procedures and criteria for the implementation of this act,
13 provided that no such regulation is specific to breed and that
14 the provisions of this act are not lessened by such additional
15 regulations or requirements. This section shall not apply to
16 any local ordinance adopted prior to October 1, 1990.
17 Section 4. Subsection (5) is added to section 784.05,
18 Florida Statutes, to read:
19 784.05 Culpable negligence.--
20 (1) Whoever, through culpable negligence, exposes
21 another person to personal injury commits a misdemeanor of the
22 second degree, punishable as provided in s. 775.082 or s.
23 775.083.
24 (5) A person who violates subsection (1) by knowingly
25 permitting a dog or dogs owned by that person to run at large
26 as a pack of dogs, commits:
27 (a) If that pack of dogs inflicts great bodily harm on
28 any person, a misdemeanor of the first degree punishable as
29 provided in s. 775.082 or s. 775.083; or
30 (b) If death of any person occurs from injury
31 inflicted by the pack of dogs, a felony of the third degree,
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HOUSE AMENDMENT
Bill No. HB 355
Amendment No. (for drafter's use only)
1 punishable as provided in s. 775.082, s. 775.083, or s.
2 775.084.
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4 As used in this subsection, the term "pack of dogs" means more
5 than two dogs engaged in the same activity.
6 Section 5. This act shall take effect upon becoming a
7 law.
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, lines 2-11,
13 remove from the title of the bill: all of said lines
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15 and insert in lieu thereof:
16 An act relating to dangerous dogs; creating s.
17 767.06, F.S.; allowing local governments to
18 adopt breed specific regulations; amending ss.
19 767.12 (1)(c)(d) and (2) by clarifying and
20 streamlining classification and hearing
21 process; amending s. 767.14, F.S.; revising
22 provisions relating to the authority of local
23 governments to place further restrictions or
24 additional requirements on owners of dangerous
25 dogs or to develop procedures and criteria for
26 the implementation of state law governing
27 dangerous dogs to remove a restriction that no
28 local regulation be specific to breed; revising
29 applicability; amending s. 784.05, F.S.;
30 providing that a person commits the offense of
31 exposing another to personal injury through
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HOUSE AMENDMENT
Bill No. HB 355
Amendment No. (for drafter's use only)
1 culpable negligence, when such person knowingly
2 permits the person's dog to run at large as a
3 "pack of dogs," as defined, and the pack of
4 dogs inflicts significant personal injury or
5 causes death from injury; providing penalties;
6 providing an effective date.
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