Florida Senate - 2016 CS for SB 334
By the Committee on Judiciary; and Senator Montford
590-01777-16 2016334c1
1 A bill to be entitled
2 An act relating to severe injuries caused by dogs;
3 providing a directive to the Division of Law Revision
4 and Information; amending s. 767.12, F.S.; providing
5 for discretionary quarantine or impoundment of dogs
6 that cause severe injuries to humans; specifying
7 responsibility for payment of boarding and other
8 costs; revising the hearing and final order
9 procedures, and related confinement requirements, for
10 dangerous dog actions; specifying circumstances under
11 which a dangerous dog that has caused severe injury to
12 a human may be euthanized; deleting an exception;
13 transferring, renumbering, and amending s. 767.13(2),
14 F.S.; revising a requirement for automatic euthanasia
15 for certain dogs that cause severe injury to humans;
16 deleting a criminal penalty related to severe injury
17 or death caused by a dog; creating s. 767.136, F.S.;
18 re-creating an existing criminal penalty related to
19 severe injury or death caused by a dog in a new
20 statutory section; amending s. 767.14, F.S.;
21 authorizing local governments to adopt certain
22 ordinances pertaining to dogs that have bitten or
23 attacked persons or domestic animals; amending s.
24 767.16, F.S.; exempting law enforcement dogs from
25 regulation under Part II of ch. 767, F.S.; providing
26 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. The Division of Law Revision and Information is
31 directed to designate ss. 767.01-767.07, Florida Statutes, as
32 part I of chapter 767, Florida Statutes, entitled “Damage by
33 Dogs,” and ss. 767.10-767.16, Florida Statutes, as part II of
34 that chapter, entitled “Dangerous Dogs.”
35 Section 2. Section 767.12, Florida Statutes, is amended to
36 read:
37 767.12 Classification of dogs as dangerous; certification
38 of registration; notice and hearing requirements; confinement of
39 animal; exemption; appeals; unlawful acts.—
40 (1)(a) An animal control authority shall investigate
41 reported incidents involving any dog that may be dangerous and
42 shall, if possible, shall interview the owner and require a
43 sworn affidavit from any person, including any animal control
44 officer or enforcement officer, desiring to have a dog
45 classified as dangerous.
46 (a) An animal that is the subject of a dangerous dog
47 investigation because of severe injury to a human may be
48 immediately confiscated by an animal control authority and
49 placed in quarantine, if necessary, for the proper length of
50 time, or may be impounded and held pending the outcome of the
51 investigation and any related hearings or appeals regarding the
52 determination of a dangerous dog classification and the
53 assessment of any penalty under this section. If the dog is to
54 be destroyed, the dog may not be destroyed while an appeal is
55 pending. The owner is responsible for payment of all boarding
56 costs and other fees as required to humanely and safely keep the
57 animal pending any hearing or appeal.
58 (b) An Any animal that is the subject of a dangerous dog
59 investigation which, that is not impounded with the animal
60 control authority, must shall be humanely and safely confined by
61 the owner in a securely fenced or enclosed area pending the
62 outcome of the investigation and resolution of any hearings or
63 appeals related to the dangerous dog classification and any
64 penalty imposed under this section. The address at which of
65 where the animal resides shall be provided to the animal control
66 authority. A no dog that is the subject of a dangerous dog
67 investigation may not be relocated and its or ownership may not
68 be transferred pending the outcome of the an investigation and
69 or any hearings or appeals related to the determination of a
70 dangerous dog classification and any penalty imposed under this
71 section. If in the event that a dog is to be destroyed, the dog
72 may shall not be relocated and its or ownership may not be
73 transferred.
74 (2)(b) A dog may shall not be declared dangerous if:
75 (a) The threat, injury, or damage was sustained by a person
76 who, at the time, was unlawfully on the property or, who, while
77 lawfully on the property, was tormenting, abusing, or assaulting
78 the dog or its owner or a family member.
79 (b) No dog may be declared dangerous if The dog was
80 protecting or defending a human being within the immediate
81 vicinity of the dog from an unjustified attack or assault.
82 (3)(c) After the investigation, the animal control
83 authority shall make an initial determination as to whether
84 there is sufficient cause to classify the dog as dangerous and,
85 if sufficient cause is found, as to the proposed requirements
86 under subsection (5). The animal control authority shall afford
87 the owner an opportunity for a hearing prior to making a final
88 determination regarding the classification or requirement. The
89 animal control authority shall provide written notification to
90 the owner of the sufficient cause finding and proposed
91 requirements, to the owner, by registered mail, certified hand
92 delivery, or service in conformance with the provisions of
93 chapter 48 relating to service of process. The owner may file a
94 written request for a hearing regarding the dangerous dog
95 classification or the proposed requirements, or both, within 7
96 calendar days after from the date of receipt of the notification
97 of the sufficient cause finding and proposed requirements. and,
98 If the owner requests a hearing, it requested, the hearing shall
99 be held as soon as possible, but not longer more than 21
100 calendar days and not no sooner than 5 days after receipt of the
101 request from the owner. If a hearing is not timely requested
102 regarding the classification or proposed requirements, the
103 determination by the animal control authority as to such issue
104 shall become final. Each applicable local governing authority
105 shall establish hearing procedures that conform to this
106 subsection paragraph.
107 (4)(d) Once a dog is classified as a dangerous dog, The
108 animal control authority shall provide to the owner a written
109 final order, notification to the owner by registered mail or,
110 certified hand delivery or service, after a dangerous dog
111 classification or requirement becomes final, after a hearing or
112 by operation of law pursuant to subsection (3)., and The owner
113 may file a written request for a hearing in the county court to
114 appeal the classification or requirement, or both, by filing a
115 written request for a hearing in the circuit court within 10
116 business days after receipt of the final order. The owner a
117 written determination of dangerous dog classification and must
118 confine the dog in a securely fenced or enclosed area pending a
119 resolution of the appeal. Each applicable local governing
120 authority must establish appeal procedures that conform to this
121 subsection paragraph.
122 (5)(a) Except as otherwise provided in paragraph (b), the
123 owner of a dog classified as a dangerous dog shall:
124 1.(2) Within 14 days after the issuance of the final order
125 classifying the dog as dangerous or the conclusion of any appeal
126 that affirms the final order a dog has been classified as
127 dangerous by the animal control authority or a dangerous dog
128 classification is upheld by the county court on appeal, the
129 owner of the dog must obtain a certificate of registration for
130 the dog from the animal control authority serving the area in
131 which he or she resides, and renew the certificate shall be
132 renewed annually. Animal control authorities are authorized to
133 issue such certificates of registration, and renewals thereof,
134 only to persons who are at least 18 years of age and who present
135 to the animal control authority sufficient evidence of:
136 a.(a) A current certificate of rabies vaccination for the
137 dog.
138 b.(b) A proper enclosure to confine a dangerous dog and the
139 posting of the premises with a clearly visible warning sign at
140 all entry points which that informs both children and adults of
141 the presence of a dangerous dog on the property.
142 c.(c) Permanent identification of the dog, such as a tattoo
143 on the inside thigh or electronic implantation.
144
145 The appropriate governmental unit may impose an annual fee for
146 the issuance of certificates of registration required by this
147 section.
148 2.(3) The owner shall Immediately notify the appropriate
149 animal control authority when a dog that has been classified as
150 dangerous:
151 a.(a) Is loose or unconfined.
152 b.(b) Has bitten a human being or attacked another animal.
153 c.(c) Is sold, given away, or dies.
154 d.(d) Is moved to another address.
155
156 Prior to a dangerous dog being sold or given away, the owner
157 shall provide the name, address, and telephone number of the new
158 owner to the animal control authority. The new owner must comply
159 with all of the requirements of this section act and
160 implementing local ordinances, even if the animal is moved from
161 one local jurisdiction to another within the state. The animal
162 control officer must be notified by the owner of a dog
163 classified as dangerous that the dog is in his or her
164 jurisdiction.
165 3.(4) Not It is unlawful for the owner of a dangerous dog
166 to permit the dog to be outside a proper enclosure unless the
167 dog is muzzled and restrained by a substantial chain or leash
168 and under control of a competent person. The muzzle must be made
169 in a manner that will not cause injury to the dog or interfere
170 with its vision or respiration but will prevent it from biting a
171 any person or animal. The owner may exercise the dog in a
172 securely fenced or enclosed area that does not have a top,
173 without a muzzle or leash, if the dog remains within his or her
174 sight and only members of the immediate household or persons 18
175 years of age or older are allowed in the enclosure when the dog
176 is present. When being transported, such dogs must be safely and
177 securely restrained within a vehicle.
178 (b) If a dog is classified as a dangerous dog as the result
179 of an incident that causes severe injury to a human being, based
180 upon the nature and circumstances of the injury and the
181 likelihood of a future threat to the public safety, health, and
182 welfare, the dog may be destroyed in an expeditious and humane
183 manner.
184 (6)(5) Hunting dogs are exempt from the provisions of this
185 section act when engaged in any legal hunt or training
186 procedure. Dogs engaged in training or exhibiting in legal
187 sports such as obedience trials, conformation shows, field
188 trials, hunting/retrieving trials, and herding trials are exempt
189 from the provisions of this section act when engaged in any
190 legal procedures. However, such dogs at all other times in all
191 other respects shall be subject to this and local laws. Dogs
192 that have been classified as dangerous may shall not be used for
193 hunting purposes.
194 (6) This section does not apply to dogs used by law
195 enforcement officials for law enforcement work.
196 (7) A Any person who violates any provision of this section
197 commits is guilty of a noncriminal infraction, punishable by a
198 fine not to exceed exceeding $500.
199 Section 3. Subsection (2) of section 767.13, Florida
200 Statutes, is transferred, renumbered as section 767.135, Florida
201 Statutes, and amended, to read:
202 767.135 767.13 Attack or bite by unclassified dangerous dog
203 that causes death; penalties; confiscation; destruction.—
204 (2) If a dog that has not been declared dangerous attacks
205 and causes the severe injury to or death of a any human, the dog
206 shall be immediately confiscated by an animal control authority,
207 placed in quarantine, if necessary, for the proper length of
208 time, or held for 10 business days after the owner is given
209 written notification under s. 767.12, and thereafter destroyed
210 in an expeditious and humane manner. This 10-day time period
211 shall allow the owner to request a hearing under s. 767.12. If
212 the owner files a written appeal under s. 767.12 or this
213 section, the dog must be held and may not be destroyed while the
214 appeal is pending. The owner is shall be responsible for payment
215 of all boarding costs and other fees as may be required to
216 humanely and safely keep the animal during any appeal procedure.
217 In addition, if the owner of the dog had prior knowledge of the
218 dog’s dangerous propensities, yet demonstrated a reckless
219 disregard for such propensities under the circumstances, the
220 owner of the dog is guilty of a misdemeanor of the second
221 degree, punishable as provided in s. 775.082 or s. 775.083.
222 Section 4. Section 767.136, Florida Statutes, is created to
223 read:
224 767.136 Attack or bite by unclassified dog that causes
225 severe injury or death; penalties.—
226 (1) If a dog that has not been declared dangerous attacks
227 and causes severe injury to, or the death of, a human, and the
228 owner of the dog had knowledge of the dog’s dangerous
229 propensities but demonstrated a reckless disregard for those
230 propensities under the circumstances, he or she commits a
231 misdemeanor of the second degree, punishable as provided in s.
232 775.082 or s. 775.083.
233 (2) If the dog attacks or bites a person who is engaged in
234 or attempting to engage in a criminal activity at the time of
235 the attack, the owner of the dog is not criminally liable under
236 this section.
237 Section 5. Section 767.14, Florida Statutes, is amended to
238 read:
239 767.14 Additional local restrictions authorized.—Nothing in
240 This act does not shall limit any local government from adopting
241 an ordinance to address the safety and welfare concerns caused
242 by attacks on persons or domestic animals, placing further
243 restrictions or additional requirements on owners of dangerous
244 dogs that have bitten or attacked persons or domestic animals,
245 or developing procedures and criteria for the implementation of
246 this act, provided that no such regulation is specific to breed
247 and that the provisions of this act are not lessened by such
248 additional regulations or requirements. This section does shall
249 not apply to any local ordinance adopted prior to October 1,
250 1990.
251 Section 6. Section 767.16, Florida Statutes, is amended to
252 read:
253 767.16 Bite by a Police or service dog; exemption from
254 quarantine.—
255 (1) Any dog that is owned, or the service of which is
256 employed, by a law enforcement agency, is exempt from this part.
257 (2) or Any dog that is used as a service dog for blind,
258 hearing impaired, or disabled persons, and that bites another
259 animal or a human is exempt from any quarantine requirement
260 following such bite if the dog has a current rabies vaccination
261 that was administered by a licensed veterinarian.
262 Section 7. This act shall take effect upon becoming a law.
263