CS for SB 334                              First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2016334e1
       
    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, penalty, or both, to the circuit
  115  court in accordance with the Florida Rules of Appellate
  116  Procedure within 10 business days after receipt of the final
  117  order. If the dog is not held by the animal control authority,
  118  the owner a written determination of dangerous dog
  119  classification and must confine the dog in a securely fenced or
  120  enclosed area pending a resolution of the appeal. Each
  121  applicable local governing authority must establish appeal
  122  procedures that conform to this subsection paragraph.
  123         (5)(a) Except as otherwise provided in paragraph (b), the
  124  owner of a dog classified as a dangerous dog shall:
  125         1.(2) Within 14 days after the issuance of the final order
  126  classifying the dog as dangerous or the conclusion of any appeal
  127  that affirms the final order a dog has been classified as
  128  dangerous by the animal control authority or a dangerous dog
  129  classification is upheld by the county court on appeal, the
  130  owner of the dog must obtain a certificate of registration for
  131  the dog from the animal control authority serving the area in
  132  which he or she resides, and renew the certificate shall be
  133  renewed annually. Animal control authorities are authorized to
  134  issue such certificates of registration, and renewals thereof,
  135  only to persons who are at least 18 years of age and who present
  136  to the animal control authority sufficient evidence of:
  137         a.(a) A current certificate of rabies vaccination for the
  138  dog.
  139         b.(b) A proper enclosure to confine a dangerous dog and the
  140  posting of the premises with a clearly visible warning sign at
  141  all entry points which that informs both children and adults of
  142  the presence of a dangerous dog on the property.
  143         c.(c) Permanent identification of the dog, such as a tattoo
  144  on the inside thigh or electronic implantation.
  145  
  146  The appropriate governmental unit may impose an annual fee for
  147  the issuance of certificates of registration required by this
  148  section.
  149         2.(3) The owner shall Immediately notify the appropriate
  150  animal control authority when a dog that has been classified as
  151  dangerous:
  152         a.(a) Is loose or unconfined.
  153         b.(b) Has bitten a human being or attacked another animal.
  154         c.(c) Is sold, given away, or dies.
  155         d.(d) Is moved to another address.
  156  
  157  Prior to a dangerous dog being sold or given away, the owner
  158  shall provide the name, address, and telephone number of the new
  159  owner to the animal control authority. The new owner must comply
  160  with all of the requirements of this section act and
  161  implementing local ordinances, even if the animal is moved from
  162  one local jurisdiction to another within the state. The animal
  163  control officer must be notified by the owner of a dog
  164  classified as dangerous that the dog is in his or her
  165  jurisdiction.
  166         3.(4)Not It is unlawful for the owner of a dangerous dog
  167  to permit the dog to be outside a proper enclosure unless the
  168  dog is muzzled and restrained by a substantial chain or leash
  169  and under control of a competent person. The muzzle must be made
  170  in a manner that will not cause injury to the dog or interfere
  171  with its vision or respiration but will prevent it from biting a
  172  any person or animal. The owner may exercise the dog in a
  173  securely fenced or enclosed area that does not have a top,
  174  without a muzzle or leash, if the dog remains within his or her
  175  sight and only members of the immediate household or persons 18
  176  years of age or older are allowed in the enclosure when the dog
  177  is present. When being transported, such dogs must be safely and
  178  securely restrained within a vehicle.
  179         (b)If a dog is classified as a dangerous dog as the result
  180  of an incident that causes severe injury to a human being, based
  181  upon the nature and circumstances of the injury and the
  182  likelihood of a future threat to the public safety, health, and
  183  welfare, the dog may be destroyed in an expeditious and humane
  184  manner.
  185         (6)(5) Hunting dogs are exempt from the provisions of this
  186  section act when engaged in any legal hunt or training
  187  procedure. Dogs engaged in training or exhibiting in legal
  188  sports such as obedience trials, conformation shows, field
  189  trials, hunting/retrieving trials, and herding trials are exempt
  190  from the provisions of this section act when engaged in any
  191  legal procedures. However, such dogs at all other times in all
  192  other respects shall be subject to this and local laws. Dogs
  193  that have been classified as dangerous may shall not be used for
  194  hunting purposes.
  195         (6) This section does not apply to dogs used by law
  196  enforcement officials for law enforcement work.
  197         (7) A Any person who violates any provision of this section
  198  commits is guilty of a noncriminal infraction, punishable by a
  199  fine not to exceed exceeding $500.
  200         Section 3. Subsection (2) of section 767.13, Florida
  201  Statutes, is transferred, renumbered as section 767.135, Florida
  202  Statutes, and amended, to read:
  203         767.135 767.13 Attack or bite by unclassified dangerous dog
  204  that causes death; penalties; confiscation; destruction.—
  205         (2) If a dog that has not been declared dangerous attacks
  206  and causes the severe injury to or death of a any human, the dog
  207  shall be immediately confiscated by an animal control authority,
  208  placed in quarantine, if necessary, for the proper length of
  209  time, or held for 10 business days after the owner is given
  210  written notification under s. 767.12, and thereafter destroyed
  211  in an expeditious and humane manner. This 10-day time period
  212  shall allow the owner to request a hearing under s. 767.12. If
  213  the owner files a written appeal under s. 767.12 or this
  214  section, the dog must be held and may not be destroyed while the
  215  appeal is pending. The owner is shall be responsible for payment
  216  of all boarding costs and other fees as may be required to
  217  humanely and safely keep the animal during any appeal procedure.
  218  In addition, if the owner of the dog had prior knowledge of the
  219  dog’s dangerous propensities, yet demonstrated a reckless
  220  disregard for such propensities under the circumstances, the
  221  owner of the dog is guilty of a misdemeanor of the second
  222  degree, punishable as provided in s. 775.082 or s. 775.083.
  223         Section 4. Section 767.136, Florida Statutes, is created to
  224  read:
  225         767.136 Attack or bite by unclassified dog that causes
  226  severe injury or death; penalties.—
  227         (1) If a dog that has not been declared dangerous attacks
  228  and causes severe injury to, or the death of, a human, and the
  229  owner of the dog had knowledge of the dog’s dangerous
  230  propensities but demonstrated a reckless disregard for those
  231  propensities under the circumstances, he or she commits a
  232  misdemeanor of the second degree, punishable as provided in s.
  233  775.082 or s. 775.083.
  234         (2) If the dog attacks or bites a person who is engaged in
  235  or attempting to engage in a criminal activity at the time of
  236  the attack, the owner of the dog is not criminally liable under
  237  this section.
  238         Section 5. Section 767.14, Florida Statutes, is amended to
  239  read:
  240         767.14 Additional local restrictions authorized.—Nothing in
  241  This act does not shall limit any local government from adopting
  242  an ordinance to address the safety and welfare concerns caused
  243  by attacks on persons or domestic animals, placing further
  244  restrictions or additional requirements on owners of dangerous
  245  dogs that have bitten or attacked persons or domestic animals,
  246  or developing procedures and criteria for the implementation of
  247  this act, provided that no such regulation is specific to breed
  248  and that the provisions of this act are not lessened by such
  249  additional regulations or requirements. This section does shall
  250  not apply to any local ordinance adopted prior to October 1,
  251  1990.
  252         Section 6. Section 767.16, Florida Statutes, is amended to
  253  read:
  254         767.16 Bite by a Police or service dog; exemption from
  255  quarantine.—
  256         (1) Any dog that is owned, or the service of which is
  257  employed, by a law enforcement agency, is exempt from this part.
  258         (2)or Any dog that is used as a service dog for blind,
  259  hearing impaired, or disabled persons, and that bites another
  260  animal or a human is exempt from any quarantine requirement
  261  following such bite if the dog has a current rabies vaccination
  262  that was administered by a licensed veterinarian.
  263         Section 7. This act shall take effect upon becoming a law.
  264