HB 1023

1
A bill to be entitled
2An act relating to restraint of dogs; amending s. 828.13,
3F.S.; defining the term "restraint that unreasonably
4limits the dog's movement"; prohibiting leaving a dog
5outside and unattended by use of a restraint that
6unreasonably limits the dog's movement or when specified
7severe weather warnings have been issued; providing
8penalties; providing an effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Subsections (1) and (2) of section 828.13,
13Florida Statutes, are amended to read:
14     828.13  Confinement of animals without sufficient food,
15water, or exercise; abandonment of animals.--
16     (1)  As used in this section:
17     (a)  "Abandon" means to forsake an animal entirely or to
18neglect or refuse to provide or perform the legal obligations
19for care and support of an animal by its owner.
20     (b)  "Owner" includes any owner, custodian, or other person
21in charge of an animal.
22     (c)1.  "Restraint that unreasonably limits the dog's
23movement" means a restraint that:
24     a.  Uses a collar that is pinch-type, prong-type, or choke-
25type or that is not properly fitted to the dog;
26     b.  Is shorter than the greater of five times the length of
27the dog, as measured from the tip of the dog's nose to the base
28of the dog's tail, or 10 feet;
29     c.  Is in an unsafe condition; or
30     d.  Causes injury to the dog.
31     2.  A restraint does not unreasonably limit a dog's
32movement if it can be verified that adequate daily socialization
33and exercise off the restraint have been provided to the dog. If
34a dog is confined on a restraint, the restraint must be free
35from entanglements and of proper weight for the dog's size, the
36restrained dog must wear a properly fitted harness or buckle-
37type collar, and the dog must be released from the restraint at
38least twice daily for adequate exercise. Collars, harnesses,
39halters, and the like shall be properly fitted to prevent
40discomfort or injury.
41     (2)  Whoever:
42     (a)  Impounds or confines any animal in any place and fails
43to supply the animal during such confinement with a sufficient
44quantity of good and wholesome food and water,
45     (b)  Keeps any animals in any enclosure without wholesome
46exercise and change of air, or
47     (c)  Abandons to die any animal that is maimed, sick,
48infirm, or diseased,
49     (d)  Leaves a dog outside and unattended by use of a
50restraint that unreasonably limits the dog's movement or left
51outside and unattended by use of a restraint, regardless of the
52type of restraint, when a hurricane, tropical storm, or tornado
53warning has been issued for the jurisdiction by the National
54Weather Service,
55
56commits is guilty of a misdemeanor of the first degree,
57punishable as provided in s. 775.082 or by a fine of not more
58than $5,000, or by both imprisonment and a fine.
59     Section 2.  This act shall take effect October 1, 2008.


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