Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1156
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Agriculture (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 288 - 396
    4  and insert:
    5         (6) Hunting dogs are exempt from this section when engaged
    6  in any legal hunt or training procedure. Dogs engaged in
    7  training or exhibiting in legal sports such as obedience trials,
    8  conformation shows, field trials, hunting/retrieving trials, and
    9  herding trials are exempt from this section when engaged in any
   10  legal procedures. However, such dogs at all other times in all
   11  other respects are subject to this and local laws. Dogs that
   12  have been classified as dangerous may not be used for hunting
   13  purposes.
   14         (7) A person who violates any provision of this section
   15  commits a noncriminal infraction, punishable by a fine not to
   16  exceed $1,000 per violation $500.
   17         Section 5. Section 767.125, Florida Statutes, is created to
   18  read:
   19         767.125Statewide Dangerous Dog Registry.—
   20         (1)The department shall create and maintain a statewide
   21  Dangerous Dog Registry that provides the public with a
   22  searchable online database of dogs throughout this state which
   23  have been declared dangerous by local authorities.
   24         (2)Each animal control authority shall, at a minimum,
   25  report all of the following information regarding a dangerous
   26  dog within its jurisdiction to the department for inclusion in
   27  the registry:
   28         (a)A current certificate of rabies vaccination for the
   29  dog.
   30         (b)Evidence of a proper enclosure within which the
   31  dangerous dog will be confined and of the posting of the
   32  premises with a clearly visible warning sign at all entry points
   33  which informs both children and adults of the presence of a
   34  dangerous dog on the property.
   35         (c)Evidence of permanent identification of the dog, such
   36  as a tattoo on the inside thigh or an implantation of a
   37  microchip.
   38         (d)Evidence of the dog having been spayed or neutered.
   39         (e)Evidence that the owner has obtained the required
   40  liability insurance.
   41         (f)The dog’s name and a photograph of the dog.
   42         (g)The county in which the dog is located.
   43         (h)The owner’s name and address.
   44         (3)The department shall adopt rules to administer this
   45  section.
   46         Section 6. Subsections (1) and (2) of section 767.13,
   47  Florida Statutes, are amended to read:
   48         767.13 Attack or bite by dangerous dog; penalties;
   49  confiscation; destruction.—
   50         (1) If a dog that has previously been declared dangerous
   51  attacks or bites a person or a domestic animal without
   52  provocation, the owner commits is guilty of a misdemeanor of the
   53  first degree, punishable as provided in s. 775.082 or s.
   54  775.083. In addition, The dangerous dog must shall be
   55  immediately confiscated by an animal control authority;, placed
   56  in quarantine, if necessary, for the proper length of time;, or
   57  impounded; and held for 10 business days after the owner is
   58  given written notification under s. 767.12, and thereafter
   59  destroyed in an expeditious and humane manner. This 10-day time
   60  period shall allow The owner may to request a hearing under s.
   61  767.12 during the 10-day time period. The owner is shall be
   62  responsible for payment of all boarding costs and other fees as
   63  may be required to humanely and safely keep the animal during
   64  any appeal procedure.
   65         (2) If a dog that has previously been declared dangerous
   66  attacks and causes severe injury to or death of any human, the
   67  owner commits is guilty of a felony of the third degree,
   68  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   69  In addition, The dog must shall be immediately confiscated by an
   70  animal control authority;, placed in quarantine, if necessary,
   71  for the proper length of time; impounded; and or held for 10
   72  business days after the owner is given written notification
   73  under s. 767.12, and thereafter destroyed in an expeditious and
   74  humane manner. This 10-day time period shall allow The owner may
   75  to request a hearing under s. 767.12 during the 10-day time
   76  period. The owner is shall be responsible for payment of all
   77  boarding costs and other fees as may be required to humanely and
   78  safely keep the animal during any appeal procedure.
   79         Section 7. Section 767.135, Florida Statutes, is amended to
   80  read:
   81         767.135 Attack or bite by unclassified dog that causes
   82  death; confiscation; destruction.—If a dog that has not been
   83  declared dangerous attacks and causes the death of a human, the
   84  dog must shall be immediately confiscated by an animal control
   85  authority;, placed in quarantine, if necessary, for the proper
   86  length of time; impounded; and or held for 10 business days
   87  after the owner is given written notification under s. 767.12,
   88  and thereafter destroyed in an expeditious and humane manner.
   89  This 10-day time period shall allow The owner may to request a
   90  hearing under s. 767.12 during the 10-day time period. If the
   91  owner files a written appeal under s. 767.12 or this section,
   92  the dog must be held and may not be destroyed while the appeal
   93  is pending. The owner is responsible for payment of all boarding
   94  costs and other fees as may be required to humanely and safely
   95  keep the animal during any appeal procedure.
   96         Section 8. Subsection (1) of section 767.136, Florida
   97  Statutes, is amended to read:
   98         767.136 Attack or bite by unclassified dog that causes
   99  severe injury or death; penalties.—
  100         (1) If a dog that has not been declared dangerous attacks
  101  and causes severe injury to, or the death of, a human, and the
  102  owner of the dog had knowledge of the dog’s dangerous
  103  propensities, yet failed to secure the dog in a proper enclosure
  104  pursuant to s. 767.01(2) demonstrated a reckless disregard for
  105  such propensities under the circumstances, the owner of the dog
  106  commits a misdemeanor of the second degree, punishable as
  107  provided in s. 775.082 or s. 775.083.
  108  
  109  ================= T I T L E  A M E N D M E N T ================
  110  And the title is amended as follows:
  111         Delete lines 23 - 38
  112  and insert:
  113         for such insurance; revising the civil penalty for
  114         violations; creating s. 767.125, F.S.; requiring the
  115         department to create and maintain a statewide
  116         Dangerous Dog Registry; providing the purpose of the
  117         registry; requiring animal control authorities to
  118         provide the department with certain information;
  119         requiring the department to adopt rules; amending ss.
  120         767.13 and 767.135, F.S.; making technical changes;
  121         conforming provisions to changes made by the act;
  122         amending s. 767.136, F.S.; revising the circumstances
  123         under which the owner of a dog that has not been
  124         declared dangerous is liable for such dog’s severe
  125         injury to, or the death of, a human;