Senate Bill 0700c1
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Florida Senate - 2000 CS for SB 700
By the Committee on Agriculture and Consumer Services; and
Senators Forman and Kurth
303-2040A-00
1 A bill to be entitled
2 An act relating to dangerous dogs; creating s.
3 767.06, F.S.; allowing local governments to
4 adopt breed specific regulations; amending s.
5 767.12, F.S.; clarifying and streamlining the
6 classification and hearing process; amending s.
7 767.14, F.S.; revising provisions relating to
8 the authority of local governments to place
9 further restrictions or additional requirements
10 on owners of dangerous dogs or to develop
11 procedures and criteria for the implementation
12 of state law governing dangerous dogs; removing
13 a restriction that no local regulation be
14 specific to breed; revising applicability;
15 amending s. 784.05, F.S.; providing that a
16 person commits the offense of exposing another
17 to personal injury through culpable negligence
18 when such person knowingly permits the person's
19 dog to run at large as a "pack of dogs," as
20 defined, and the pack of dogs inflicts
21 significant personal injury or causes death
22 from injury; providing penalties; providing an
23 effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Section 767.06, Florida Statutes, is
28 created to read:
29 767.06 Additional local restrictions
30 authorized.--Nothing in this chapter shall limit any local
31 government from adopting regulations specific to breed, only
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Florida Senate - 2000 CS for SB 700
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1 in public places (parks, public beaches, public events in
2 public parks or facilities), provided that the provisions of
3 this chapter are not lessened by such additional regulations
4 or requirements.
5 Section 2. Paragraphs (c) and (d) of subsection (1)
6 and subsection (2) of section 767.12, Florida Statutes, are
7 amended to read:
8 767.12 Classification of dogs as dangerous;
9 certification of registration; notice and hearing
10 requirements; confinement of animal; exemption; appeals;
11 unlawful acts.--
12 (1)
13 (c) After the investigation, the animal control
14 authority shall review the records and any other materials
15 collected during the course of the investigation and make an
16 initial determination as to whether there is sufficient cause
17 to classify the dog as dangerous and shall afford the owner an
18 opportunity for a hearing prior to making a final
19 determination. The animal control authority shall provide
20 written notification of the sufficient cause finding, to the
21 owner, by registered mail, certified hand delivery, or service
22 in conformance with the provisions of chapter 48 relating to
23 service of process. The owner may file a written request for
24 an evidentiary a hearing in county court to challenge the
25 finding of sufficient cause within 10 business 7 calendar days
26 after from the date of receipt of the notification of the
27 sufficient cause finding and, if requested, the hearing shall
28 be held as soon thereafter as is practical, but as possible,
29 but not more than 21 calendar days and no sooner than 5
30 business days after receipt of the request from the owner. If
31 the owner fails to file a written request for a hearing within
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Florida Senate - 2000 CS for SB 700
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1 10 business days, at the expiration of this 10-day time
2 period, the animal shall be deemed to be classified as a
3 dangerous dog. Each applicable local governing authority shall
4 establish hearing procedures that conform to this paragraph.
5 (d) Once the owner has received the finding of
6 sufficient cause, the owner Once a dog is classified as a
7 dangerous dog, the animal control authority shall provide
8 written notification to the owner by registered mail,
9 certified hand delivery or service, and the owner may file a
10 written request for a hearing in the county court to appeal
11 the classification within 10 business days after receipt of a
12 written determination of dangerous dog classification and must
13 confine the dog in a securely fenced or enclosed area pending
14 a resolution of the matter appeal. Except for requiring a
15 proper enclosure as defined in this chapter, impounding the
16 animal, and prohibiting the relocation or transfer of
17 ownership of the animal, the animal control authority may not
18 impose any of the dangerous dog requirements as provided in
19 subsection (2) or subsection (4) until the county court case
20 is resolved. Each applicable local governing authority must
21 establish appeal procedures that conform to this paragraph.
22 (2) Unless an appeal of the county court determination
23 has been filed, within 14 days after a dog has been classified
24 as dangerous by the animal control authority or a dangerous
25 dog classification is upheld by the county court on appeal,
26 the owner of the dog must obtain a certificate of registration
27 for the dog from the animal control authority serving the area
28 in which he or she resides. This, and the certificate shall be
29 renewed annually. Animal control authorities are authorized to
30 issue such certificates of registration, and renewals thereof,
31 only to persons who are at least 18 years of age and who
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Florida Senate - 2000 CS for SB 700
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1 present to the animal control authority sufficient evidence
2 of:
3 (a) A current certificate of rabies vaccination for
4 the dog.
5 (b) A proper enclosure to confine a dangerous dog and
6 the posting of the premises with a clearly visible warning
7 sign at all entry points that informs both children and adults
8 of the presence of a dangerous dog on the property.
9 (c) Permanent identification of the dog, such as a
10 tattoo on the inside thigh or electronic implantation.
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12 The appropriate governmental unit may impose an annual fee for
13 the issuance of certificates of registration required by this
14 section. Should the owner appeal the county court's
15 classification, the court may impose any requirements it deems
16 appropriate during the pendency of the appeal.
17 Section 3. Section 767.14, Florida Statutes, is
18 amended to read:
19 767.14 Additional local restrictions
20 authorized.--Nothing in this act shall limit any local
21 government from placing further restrictions or additional
22 requirements on owners of dangerous dogs or developing
23 procedures and criteria for the implementation of this act,
24 provided that no such regulation is specific to breed and that
25 the provisions of this act are not lessened by such additional
26 regulations or requirements. This section shall not apply to
27 any local ordinance adopted prior to October 1, 1990.
28 Section 4. Subsection (1) of section 784.05, Florida
29 Statutes, is reenacted, and subsection (5) is added to that
30 section, to read:
31 784.05 Culpable negligence.--
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1 (1) Whoever, through culpable negligence, exposes
2 another person to personal injury commits a misdemeanor of the
3 second degree, punishable as provided in s. 775.082 or s.
4 775.083.
5 (5) A person who violates subsection (1) by knowingly
6 permitting a dog or dogs owned by that person to run at large
7 as a pack of dogs, commits:
8 (a) If that pack of dogs inflicts great bodily harm on
9 any person, a misdemeanor of the first degree punishable as
10 provided in s. 775.082 or s. 775.083; or
11 (b) If death of any person occurs from injury
12 inflicted by the pack of dogs, a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
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16 As used in this subsection, the term "pack of dogs" means more
17 than two dogs engaged in the same activity.
18 Section 5. This act shall take effect upon becoming a
19 law.
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Florida Senate - 2000 CS for SB 700
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 700
3
4 The committee substitute makes the following changes:
5 * Authorizes local governments to adopt regulations
specific to a breed of dog, that are applicable to
6 certain public places such as parks, public beaches,
public events in public parks or facilities, provided
7 the provisions of chapter 767, F.S., are not lessened.
8 * Moves the initial hearing from the animal control
authority to county court.
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* Provides that, once an owner is notified of a finding of
10 sufficient cause, the owner has 10 business days to
request an evidentiary hearing in county court to
11 challenge the finding.
12 * Provides that, if no hearing is requested, the animal is
automatically classified as dangerous.
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* Provides that, except for requiring a proper enclosure,
14 impounding the animal, or prohibiting the location or
transfer of the dog, the animal control authority may
15 not impose additional requirements during the pendency
of an appeal.
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* Provides penalty provisions for persons who knowingly
17 permit dogs to run at large as a pack of dogs, if it
results in the bodily harm or death of a person.
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