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