CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Stafford offered the following:
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13 Amendment (with title amendment)
14 On page 3, line 31,
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16 insert:
17 Section 3. 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, only
22 in public places (parks, public beaches, public events in
23 public parks or facilities), provided that the provisions of
24 this chapter are not lessened by such additional regulations
25 or requirements.
26 Section 4. Paragraphs (c) and (d) of subsection (1)
27 and subsection 2 of section 767.12, Florida Statutes, are
28 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
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
1 unlawful acts.--
2 (1)
3 (c) After the investigation, the animal control
4 authority shall review the records and any other materials
5 collected during the course of the investigation and make an
6 initial determination as to whether there is sufficient cause
7 to classify the dog as dangerous and shall afford the owner an
8 opportunity for a hearing prior to making a final
9 determination. The animal control authority shall provide
10 written notification of the sufficient cause finding, to the
11 owner, by registered mail, certified hand delivery, or service
12 in conformance with the provisions of chapter 48 relating to
13 service of process. The owner may file a written request for
14 an evidentiary hearing in county court to challenge the
15 finding of sufficient cause within 10 business 7 calendar days
16 from the date of receipt of the notification of the sufficient
17 cause finding and, if requested, the hearing shall be held as
18 soon thereafter as is practical, but as possible, but not more
19 than 21 calendar days and no sooner than 5 business days after
20 receipt of the request from the owner. If the owner fails to
21 file a written request for a hearing within 10 business days,
22 at the expiration of this 10-day time period, the animal shall
23 be deemed to be classified as a dangerous dog. Each applicable
24 local governing authority shall establish hearing procedures
25 that conform to this paragraph.
26 (d) Once the owner has received the Findings of
27 Sufficient Cause, the owner Once a dog is classified as a
28 dangerous dog, the animal control authority shall provide
29 written notification to the owner by registered mail,
30 certified hand delivery or service, and the owner may file a
31 written request for a hearing in the county court to appeal
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HOUSE AMENDMENT
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
1 the classification within 10 business days after receipt of a
2 written determination of dangerous dog classification and must
3 confine the dog in a securely fenced or enclosed area pending
4 a resolution of the matter appeal. Except for requiring a
5 proper enclosure as defined in this chapter, impounding the
6 animal, and prohibiting the relocation or transfer of
7 ownership of the animal, the animal control authority may not
8 impose any of the dangerous dog requirements as provided in s.
9 767.12(2) or (4) until the county court case is resolved. Each
10 applicable local governing authority must establish appeal
11 procedures that conform to this paragraph.
12 (2) Unless an appeal of the county court determination
13 has been filed, within 14 days after a dog has been classified
14 as dangerous by the animal control authority or a dangerous
15 dog classification is upheld by the county court on appeal,
16 the owner of the dog must obtain a certificate of registration
17 for the dog from the animal control authority serving the area
18 in which he or she resides. This, and the certificate shall be
19 renewed annually. Animal control authorities are authorized to
20 issue such certificates of registration, and renewals thereof,
21 only to persons who are at least 18 years of age and who
22 present to the animal control authority sufficient evidence
23 of:
24 (a) A current certificate of rabies vaccination for
25 the dog.
26 (b) A proper enclosure to confine a dangerous dog and
27 the posting of the premises with a clearly visible warning
28 sign at all entry points that informs both children and adults
29 of the presence of a dangerous dog on the property.
30 (c) Permanent identification of the dog, such as a
31 tattoo on the inside thigh or electronic implantation.
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HOUSE AMENDMENT
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
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2 The appropriate governmental unit may impose an annual fee for
3 the issuance of certificates of registration required by this
4 section. Should the owner appeal the county court's
5 classification, the court may impose any requirements it deems
6 appropriate during the pendency of the appeal.
7 Section 5. Section 767.14, Florida Statutes, is
8 amended to read:
9 767.14 Additional local restrictions
10 authorized.--Nothing in this act shall limit any local
11 government from placing further restrictions or additional
12 requirements on owners of dangerous dogs or developing
13 procedures and criteria for the implementation of this act,
14 provided that no such regulation is specific to breed and that
15 the provisions of this act are not lessened by such additional
16 regulations or requirements. This section shall not apply to
17 any local ordinance adopted prior to October 1, 1990.
18 Section 6. Subsection (5) is added to section 784.05,
19 Florida Statutes, to read:
20 784.05 Culpable negligence.--
21 (1) Whoever, through culpable negligence, exposes
22 another person to personal injury commits a misdemeanor of the
23 second degree, punishable as provided in s. 775.082 or s.
24 775.083.
25 (5) A person who violates subsection (1) by knowingly
26 permitting a dog or dogs owned by that person to run at large
27 as a pack of dogs, commits:
28 (a) If that pack of dogs inflicts great bodily harm on
29 any person, a misdemeanor of the first degree punishable as
30 provided in s. 775.082 or s. 775.083; or
31 (b) If death of any person occurs from injury
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HOUSE AMENDMENT
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
1 inflicted by the pack of dogs, a felony of the third degree,
2 punishable as provided in s. 775.082, s. 775.083, or s.
3 775.084.
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5 As used in this subsection, the term "pack of dogs" means more
6 than two dogs engaged in the same activity.
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9 ================ T I T L E A M E N D M E N T ===============
10 And the title is amended as follows:
11 On page 1, line 29, after the second semicolon
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13 insert:
14 creating s. 767.06, F.S.; allowing local
15 governments to adopt breed specific
16 regulations; amending ss. 767.12 (1)(c)(d) and
17 (2) by clarifying and streamlining
18 classification and hearing process; amending s.
19 767.14, F.S.; revising provisions relating to
20 the authority of local governments to place
21 further restrictions or additional requirements
22 on owners of dangerous dogs or to develop
23 procedures and criteria for the implementation
24 of state law governing dangerous dogs to remove
25 a restriction that no local regulation be
26 specific to breed; revising applicability;
27 amending s. 784.05, F.S.; providing that a
28 person commits the offense of exposing another
29 to personal injury through culpable negligence,
30 when such person knowingly permits the person's
31 dog to run at large as a "pack of dogs," as
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HOUSE AMENDMENT
hbd-27 Bill No. HB 55
Amendment No. (for drafter's use only)
1 defined, and the pack of dogs inflicts
2 significant personal injury or causes death
3 from injury; providing penalties;
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