House Bill hb1017

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    Florida House of Representatives - 2001                HB 1017

        By Representative Baxley






  1                      A bill to be entitled

  2         An act relating to dangerous dogs; amending s.

  3         767.12, F.S.; revising provisions relating to

  4         classifying dogs as dangerous; authorizing

  5         local animal control authorities to classify

  6         dogs as dangerous; providing that a hearing to

  7         challenge a finding of sufficient cause may be

  8         an evidentiary hearing in county court or an

  9         administrative hearing; providing for

10         classification as dangerous upon failure of an

11         owner to file a written request for hearing

12         within a specified time limit; providing

13         restrictions upon local animal control

14         authorities with respect to specified dangerous

15         dog requirements pending classification;

16         authorizing local governmental authorities to

17         impose more stringent requirements upon

18         dangerous dog owners; requiring dangerous dog

19         owners relocating to this state to comply with

20         the act and applicable local ordinances;

21         requiring such owners to notify local animal

22         control authorities; providing a penalty;

23         amending s. 767.13, F.S.; providing that an

24         owner of a dangerous dog that attacks or bites

25         a person or a domestic animal without

26         provocation, an owner of a dog that has not

27         previously been declared dangerous that attacks

28         and causes the severe injury to or death of any

29         human, or an owner of a dangerous dog that

30         attacks and causes the severe injury to or

31         death of any human may request an evidentiary

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  1         hearing in county court or an administrative

  2         hearing; providing that failure of such an

  3         owner to pay required boarding costs and fees

  4         during the hearing or appeal procedure shall

  5         constitute abandonment of the animal and allow

  6         the animal control authority to destroy the

  7         animal; amending s. 767.14, F.S.; removing

  8         certain nonapplicability provisions with

  9         respect to the authority of local governments

10         to place further restrictions or additional

11         requirements on owners of dangerous dogs;

12         providing an effective date.

13

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

15

16         Section 1.  Section 767.12, Florida Statutes, is

17  amended to read:

18         767.12  Classification of dogs as dangerous;

19  certification of registration; notice and hearing

20  requirements; confinement of animal; exemption; hearings

21  appeals; unlawful acts.--

22         (1)(a)  An animal control authority shall investigate

23  reported incidents involving any dog that may be dangerous and

24  shall, if possible, interview the owner and require a sworn

25  affidavit from any person, including any animal control

26  officer or enforcement officer, desiring to have a dog

27  classified as dangerous. An animal control authority may

28  declare a dog dangerous as defined in this section. Any animal

29  that is the subject of a dangerous dog investigation, that is

30  not impounded with the animal control authority, shall be

31  humanely and safely confined by the owner in a securely fenced

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  1  or enclosed area pending the outcome of the investigation and

  2  resolution of any hearings related to the dangerous dog

  3  classification. The address of where the animal resides shall

  4  be provided to the animal control authority. No dog that is

  5  the subject of a dangerous dog investigation may be relocated

  6  or ownership transferred pending the outcome of an

  7  investigation or any hearings related to the determination of

  8  a dangerous dog classification. In the event that a dog is to

  9  be destroyed, the dog shall not be relocated or ownership

10  transferred.

11         (b)  A dog shall not be declared dangerous if the

12  threat, injury, or damage was sustained by a person who, at

13  the time, was unlawfully on the property or, while lawfully on

14  the property, was tormenting, abusing, or assaulting the dog

15  or its owner or a family member. No dog may be declared

16  dangerous if the dog was protecting or defending a human being

17  within the immediate vicinity of the dog from an unjustified

18  attack or assault.

19         (c)  After the investigation, the animal control

20  authority shall review the records and any other materials

21  collected during the course of the investigation and make an

22  initial determination as to whether there is sufficient cause

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

24  opportunity for a hearing prior to making a final

25  determination. The animal control authority shall provide

26  written notification of the sufficient cause finding, to the

27  owner, by certified registered mail, certified hand delivery,

28  or service in conformance with the provisions of chapter 48

29  relating to service of process. The owner may file a written

30  request for an evidentiary a hearing in county court or an

31  administrative hearing, as determined by ordinance or

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  1  resolution of the local governing body, to challenge the

  2  finding of sufficient cause within 7 calendar days from the

  3  date of receipt of the notification of the sufficient cause

  4  finding and, if requested, the hearing shall be held as soon

  5  as possible, but not more than 21 calendar days, or as soon

  6  thereafter as is practicable, and no sooner than 5 days after

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

  8  file a written request for a hearing within 7 calendar days,

  9  at the expiration of the 7-calendar-day period, the animal

10  shall be deemed to be classified as a dangerous dog. The

11  appropriate local governing body shall designate by ordinance

12  or resolution whether such hearings will be evidentiary

13  hearings held in county court or administrative hearings. Each

14  applicable local governing authority shall establish hearing

15  procedures that conform to this paragraph.

16         (d)  Once the owner has received the findings of

17  sufficient cause from the animal control authority, the owner

18  a dog is classified as a dangerous dog, the animal control

19  authority shall provide written notification to the owner by

20  registered mail, certified hand delivery or service, and the

21  owner may file a written request for a hearing in the county

22  court to appeal the classification within 10 business days

23  after receipt of a written determination of dangerous dog

24  classification and must confine the dog in a securely fenced

25  or enclosed area pending a resolution of the matter appeal.

26  Except for requiring a proper enclosure as defined in this

27  chapter, impounding the animal, and prohibiting the relocation

28  or transfer of ownership of the animal, the animal control

29  authority may not impose any of the dangerous dog requirements

30  as provided in subsection (2) or subsection (4) upon the

31  animal or its owner until the dog has been classified as

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  1  dangerous. Each applicable local governing authority must

  2  establish appeal procedures that conform to this paragraph.

  3         (2)  Unless a request for a hearing regarding the

  4  findings of sufficient cause for dangerous dog classification

  5  has been timely filed, within 14 days after a dog has been

  6  classified as dangerous by the animal control authority or the

  7  finding of sufficient cause for a dangerous dog classification

  8  is upheld by the county court or administrative hearing

  9  officer on appeal, the owner of the dog must obtain a

10  certificate of registration for the dog from the animal

11  control authority serving the area in which he or she resides.

12  The, and the certificate shall be renewed annually. If the

13  determination of the county court or administrative hearing

14  officer is appealed, a certificate of registration is not

15  required until the appeal is resolved and the dangerous

16  classification is upheld. Animal control authorities are

17  authorized to issue such certificates of registration, and

18  renewals thereof, only to persons who are at least 18 years of

19  age and who present to the animal control authority sufficient

20  evidence of:

21         (a)  A current certificate of rabies vaccination for

22  the dog.

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

24  the posting of the premises with a clearly visible warning

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

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

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

28  tattoo on the inside thigh or electronic implantation.

29

30  The appropriate governmental unit of each county may impose an

31  annual fee for the issuance of certificates of registration

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  1  required by this section, or may impose more stringent

  2  requirements upon the owner. Should the owner appeal the

  3  county court or hearing officer's dangerous classification,

  4  the court may impose any requirements it deems appropriate

  5  during the pendency of the appeal.

  6         (3)  The owner shall immediately notify the appropriate

  7  animal control authority when a dog that has been classified

  8  as dangerous:

  9         (a)  Is loose or unconfined.

10         (b)  Has bitten a human being or attacked another

11  animal.

12         (c)  Is sold, given away, or dies.

13         (d)  Is moved to another address.

14

15  Prior to a dangerous dog being sold or given away, the owner

16  shall provide the name, address, and telephone number of the

17  new owner to the animal control authority. The new owner must

18  comply with all of the requirements of this act and applicable

19  implementing local ordinances, even if the animal is moved

20  from one local jurisdiction to another within the state. Upon

21  locating from another state to this state, the owner of an

22  animal that is classified as dangerous or is subject to

23  similar restrictions imposed by another state or jurisdiction

24  thereof must comply with this act and applicable local

25  ordinances. The animal control authority of the receiving

26  jurisdiction officer must be notified by the owner of any a

27  dog classified as dangerous within this state or any dog that

28  is subject to similar restrictions imposed by a jurisdiction

29  outside this state that the dog is in the animal control

30  authority's his or her jurisdiction.

31

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  1         (4)  It is unlawful for the owner of a dangerous dog to

  2  permit the dog to be outside a proper enclosure unless the dog

  3  is muzzled, and restrained by a substantial chain or leash,

  4  and under control of a competent person.  The muzzle must be

  5  made in a manner that will not cause injury to the dog or

  6  interfere with its vision or respiration but will prevent it

  7  from biting any person or animal.  The owner may exercise the

  8  dog in a securely fenced or enclosed area that does not have a

  9  top, without a muzzle or leash, if the dog remains within his

10  or her sight. and Only members of the immediate household who

11  are or persons 18 years of age or older are allowed in the

12  enclosure when the dog is present.  When being transported,

13  such dogs must be safely and securely restrained within a

14  vehicle.

15         (5)  Hunting dogs that have not previously been

16  classified as dangerous are exempt from the provisions of this

17  act when engaged in any legal hunt or training procedure. Dogs

18  engaged in training or exhibiting in legal sports such as

19  obedience trials, conformation shows, field trials,

20  hunting/retrieving trials, and herding trials are exempt from

21  the provisions of this act when engaged in any such legal

22  procedures. However, such dogs at all other times and in all

23  other respects shall be subject to this act and local

24  ordinances laws.  Dogs that have been classified as dangerous

25  shall not be used for hunting purposes.

26         (6)  This section does not apply to dogs used by law

27  enforcement officials for law enforcement work.

28         (7)  Any person who violates any provision of this

29  section is guilty of a noncriminal infraction, punishable by a

30  fine not exceeding $500.

31

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  1         Section 2.  Section 767.13, Florida Statutes, is

  2  amended to read:

  3         767.13  Attack or bite by dangerous dog; penalties;

  4  confiscation; destruction.--

  5         (1)  If a dog that has previously been declared

  6  dangerous attacks or bites a person or a domestic animal

  7  without provocation, the owner is guilty of a misdemeanor of

  8  the first degree, punishable as provided in s. 775.082 or s.

  9  775.083. In addition, the dangerous dog shall be immediately

10  confiscated by an animal control authority, placed in

11  quarantine, if necessary, for the proper length of time, or

12  impounded and held for 10 business days after the owner is

13  given written notification under s. 767.12, and thereafter

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

15  time period shall allow the owner to request an evidentiary a

16  hearing in county court or an administrative hearing, as

17  established by the local governing authority by ordinance or

18  resolution, under s. 767.12. The owner shall be responsible

19  for payment of all boarding costs and other fees as may be

20  required to humanely and safely keep the animal during any

21  hearing or appeal procedure. Failure to pay the boarding costs

22  and fees within the time period allowed by the animal control

23  authority shall constitute abandonment of the animal and allow

24  the animal control authority to destroy it in an expeditious

25  and humane manner without precluding the animal control

26  authority from seeking payment in a separate civil proceeding.

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

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

29  dog shall be immediately confiscated by an animal control

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

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

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  1  given written notification under s. 767.12, and thereafter

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

  3  time period shall allow the owner to request an evidentiary a

  4  hearing in county court or an administrative hearing, as

  5  established by the local governing authority by ordinance or

  6  resolution, under s. 767.12. The owner shall be responsible

  7  for payment of all boarding costs and other fees as may be

  8  required to humanely and safely keep the animal during any

  9  hearing or appeal procedure. Failure to pay the boarding costs

10  and fees within the time period allowed by the animal control

11  authority shall constitute abandonment of the animal and allow

12  the animal control authority to destroy it in an expeditious

13  and humane manner without precluding the animal control

14  authority from seeking payment in a separate civil proceeding.

15  In addition, if the owner of the dog had prior knowledge of

16  the dog's dangerous propensities, yet demonstrated a reckless

17  disregard for such propensities under the circumstances, the

18  owner of the dog is guilty of a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20         (3)  If a dog that has previously been declared

21  dangerous attacks and causes severe injury to or death of any

22  human, the owner is guilty of a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084. In addition, the dog shall be immediately confiscated

25  by an animal control authority, placed in quarantine, if

26  necessary, for the proper length of time or held for 10

27  business days after the owner is given written notification

28  under s. 767.12, and thereafter destroyed in an expeditious

29  and humane manner. This 10-day time period shall allow the

30  owner to request an evidentiary a hearing in county court or

31  an administrative hearing, as established by the local

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  1  governing authority by ordinance or resolution, under s.

  2  767.12. Failure to pay the boarding costs and fees within the

  3  time period allowed by the animal control authority shall

  4  constitute abandonment of the animal and allow the animal

  5  control authority to destroy it in an expeditious and humane

  6  manner without precluding the animal control authority from

  7  seeking payment in a separate civil proceeding. The owner

  8  shall be responsible for payment of all boarding costs and

  9  other fees as may be required to humanely and safely keep the

10  animal during any appeal procedure.

11         (4)  If the owner files a written request for hearing

12  appeal under s. 767.12 or this section, the dog must be held

13  and may not be destroyed while any hearing or the appeal is

14  pending, unless the owner abandons the dog by failing to pay

15  the boarding costs and fees within the time period allowed by

16  the animal control authority.

17         (5)  If a dog attacks or bites a person who is engaged

18  in or attempting to engage in a criminal activity at the time

19  of the attack, the owner is not guilty of any crime specified

20  under this section.

21         Section 3.  Section 767.14, Florida Statutes, is

22  amended to read:

23         767.14  Additional local restrictions

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

25  government from placing further restrictions or additional

26  requirements on owners of dangerous dogs or developing

27  procedures and criteria for the implementation of this act,

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

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

30  regulations or requirements.  This section shall not apply to

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

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

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      With respect to ch. 767, F.S., relating to damage by
  7    dogs, revises provisions relating to classifying dogs as
      dangerous. Authorizes local animal control authorities to
  8    make such classification. Provides that a hearing to
      challenge a finding of sufficient cause may be an
  9    evidentiary hearing in county court or an administrative
      hearing. Provides for classification as dangerous upon
10    failure of an owner to file a written request for hearing
      within 7 days. Provides certain restrictions upon local
11    animal control authorities with respect to specified
      dangerous dog requirements pending classification.
12    Authorizes local governmental authorities to impose more
      stringent requirements upon dangerous dog owners.
13    Requires dangerous dog owners relocating to this state to
      comply with the act and applicable local ordinances.
14    Requires such owners to notify local animal control
      authorities.
15

16    Provides that an owner of a dangerous dog that attacks or
      bites a person or a domestic animal without provocation,
17    an owner of a dog that has not previously been declared
      dangerous that attacks and causes the severe injury to or
18    death of any human, or an owner of a dangerous dog that
      attacks and causes the severe injury to or death of any
19    human may request an evidentiary hearing in county court
      or an administrative hearing. Provides that failure of
20    such an owner to pay required boarding costs and fees
      during the hearing or appeal procedure shall constitute
21    abandonment of the animal and allow the animal control
      authority to destroy the animal in an expeditious and
22    humane manner.

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