Florida Senate - 2024                                    SB 1156
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00474-24                                           20241156__
    1                        A bill to be entitled                      
    2         An act relating to dangerous dogs; amending s. 767.01,
    3         F.S.; requiring certain dog owners to securely confine
    4         their dogs in a proper enclosure; amending s. 767.10,
    5         F.S.; revising legislative findings relating to
    6         dangerous dogs; reordering and amending s. 767.11,
    7         F.S.; defining the term “department”; revising
    8         definitions; amending s. 767.12, F.S.; requiring,
    9         rather than authorizing, that dogs subject to certain
   10         dangerous dog investigations be confiscated,
   11         impounded, and held; requiring, rather than
   12         authorizing, that the dog be held until the completion
   13         of certain actions; requiring that certain dogs not
   14         impounded be confined in a proper enclosure by the
   15         owner; requiring animal control authorities to provide
   16         certain information to the Department of Agriculture
   17         and Consumer Services and to destroy certain dogs;
   18         revising the information that the owner of a dog
   19         classified as a dangerous dog is required to provide
   20         to an animal control authority; requiring such owner
   21         to obtain liability insurance coverage for a dog
   22         classified as a dangerous dog; providing requirements
   23         for such insurance; deleting an exemption for certain
   24         hunting dogs; revising the civil penalty for
   25         violations; creating s. 767.125, F.S.; requiring the
   26         department to create and maintain a statewide
   27         Dangerous Dog Registry; providing the purpose of the
   28         registry; requiring animal control authorities to
   29         provide the department with certain information;
   30         requiring the department to adopt rules; amending ss.
   31         767.13 and 767.135, F.S.; making technical changes;
   32         conforming provisions to changes made by the act;
   33         amending s. 767.136, F.S.; revising the circumstances
   34         under which the owner of a dog that has not been
   35         declared dangerous is liable for such dog’s severe
   36         injury to, or the death of, a human; amending s.
   37         767.16, F.S.; providing that police canines are only
   38         exempt from certain provisions while on duty;
   39         providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Section 767.01, Florida Statutes, is amended to
   44  read:
   45         767.01 Dog owner’s liability for damages to persons,
   46  domestic animals, or livestock.—
   47         (1)A dog owner is Owners of dogs shall be liable for any
   48  damage done by the owner’s dog their dogs to a person or to any
   49  animal included in the definitions of “domestic animal” and
   50  “livestock” as provided by s. 585.01.
   51         (2)If a dog owner has knowledge of the dog’s dangerous
   52  propensities, the owner must securely confine the dog in a
   53  proper enclosure as defined in s. 767.11.
   54         Section 2. Section 767.10, Florida Statutes, is amended to
   55  read:
   56         767.10 Legislative findings.—The Legislature finds that
   57  dangerous dogs are an increasingly serious and widespread threat
   58  to the safety and welfare of the people of this state because of
   59  unprovoked attacks which cause injury to persons and domestic
   60  animals; that such attacks are in part attributable to the
   61  failure of owners to confine and properly train and control
   62  their dogs; that existing laws inadequately address this growing
   63  problem; and that it is appropriate and necessary to impose
   64  uniform requirements for the owners of dogs and dangerous dogs.
   65         Section 3. Section 767.11, Florida Statutes, is reordered
   66  and amended to read:
   67         767.11 Definitions.—As used in this part act, unless the
   68  context clearly requires otherwise:
   69         (3)(1) “Dangerous dog” means a any dog that according to
   70  the records of the appropriate authority:
   71         (a) Has aggressively bitten, attacked, or endangered or has
   72  inflicted severe injury on a human being on public or private
   73  property;
   74         (b) Has more than once severely injured or killed a
   75  domestic animal while off the owner’s property; or
   76         (c) Has, when unprovoked, chased or approached a person
   77  upon the streets, sidewalks, or any public grounds in a menacing
   78  fashion or apparent attitude of attack, provided that such
   79  actions are attested to in a sworn statement by one or more
   80  persons and dutifully investigated by the appropriate authority.
   81         (4)“Department” means the Department of Agriculture and
   82  Consumer Services.
   83         (8)(2) “Unprovoked” means that the victim who has been
   84  conducting himself or herself peacefully and lawfully has been
   85  bitten or chased in a menacing fashion or attacked by a dog.
   86         (7)(3) “Severe injury” means any physical injury that
   87  results in broken bones, multiple bites, or disfiguring
   88  lacerations requiring sutures or reconstructive surgery.
   89         (6)(4) “Proper enclosure of a dangerous dog” means, while
   90  on the owner’s property, a dangerous dog is securely confined:
   91         (a) Indoors;
   92         (b)In a locked, fenced yard, suitable to prevent the entry
   93  of young children and designed to prevent the dog from escaping
   94  over, under, or through the fence; or
   95         (c) In a securely enclosed and locked pen or structure,
   96  suitable to prevent the entry of young children and designed to
   97  prevent the dog animal from escaping. The Such pen or structure
   98  must shall have secure sides and a secure top to prevent the dog
   99  from escaping over, under, or through the structure and must
  100  shall also provide protection from the elements.
  101         (1)(5) “Animal control authority” means an entity acting
  102  alone or in concert with other local governmental units and
  103  authorized by them to enforce the animal control laws of the
  104  city, county, or state. In those areas not served by an animal
  105  control authority, the sheriff shall carry out the duties of the
  106  animal control authority under this part act.
  107         (2)(6) “Animal control officer” means any individual
  108  employed, contracted with, or appointed by the animal control
  109  authority for the purpose of aiding in the enforcement of this
  110  part act or any other law or ordinance relating to the licensure
  111  of animals, control of animals, or seizure and impoundment of
  112  animals and includes any state or local law enforcement officer
  113  or other employee whose duties in whole or in part include
  114  assignments that involve the seizure and impoundment of an any
  115  animal.
  116         (5)(7) “Owner” means a any person, a firm, a corporation,
  117  or an organization possessing, harboring, keeping, or having
  118  control or custody of an animal or, if the animal is owned by a
  119  person under the age of 18 years of age or younger, that
  120  person’s parent or guardian.
  121         Section 4. Section 767.12, Florida Statutes, is amended to
  122  read:
  123         767.12 Classification of dogs as dangerous; owner
  124  requirements; penalty certification of registration; notice and
  125  hearing requirements; confinement of animal; exemption; appeals;
  126  unlawful acts.—
  127         (1) An animal control authority shall investigate reported
  128  incidents involving any dog that may be dangerous and, if
  129  possible, shall interview the owner and require a sworn
  130  affidavit from any person, including any animal control officer
  131  or enforcement officer, desiring to have a dog classified as
  132  dangerous.
  133         (a) An animal that is the subject of a dangerous dog
  134  investigation for behavior described in s. 767.11(3)(a) or (c)
  135  must because of severe injury to a human being may be
  136  immediately confiscated by an animal control authority;, placed
  137  in quarantine, if necessary, for the proper length of time;, or
  138  impounded; and held. The animal must may be held pending the
  139  outcome of the investigation and any hearings or appeals related
  140  to the dangerous dog classification or any penalty imposed under
  141  this section. If the dog is to be destroyed, the dog may not be
  142  destroyed while an appeal is pending. The owner is responsible
  143  for payment of all boarding costs and other fees as may be
  144  required to humanely and safely keep the animal pending any
  145  hearing or appeal, unless it is determined that the dog is not
  146  dangerous.
  147         (b) An animal that is the subject of a dangerous dog
  148  investigation for behavior described in s. 767.11(3)(b) may be
  149  immediately confiscated by an animal control authority; placed
  150  in quarantine, if necessary, for the proper length of time; or
  151  impounded and held. An animal that which is not impounded with
  152  the animal control authority must be humanely and safely
  153  confined by the owner in a proper enclosure securely fenced or
  154  enclosed area. The animal shall be confined in such manner
  155  pending the outcome of the investigation and the resolution of
  156  any hearings or appeals related to the dangerous dog
  157  classification or any penalty imposed under this section. The
  158  owner shall provide the address at which the animal resides
  159  shall be provided to the animal control authority. A dog that is
  160  the subject of a dangerous dog investigation may not be
  161  relocated or have its ownership transferred pending the outcome
  162  of the investigation and any hearings or appeals related to the
  163  dangerous dog classification or any penalty imposed under this
  164  section. If a dog is to be destroyed, the dog may not be
  165  relocated or have its ownership transferred.
  166         (2) A dog may not be declared dangerous if either of the
  167  following apply:
  168         (a) The threat, injury, or damage was sustained by a person
  169  who, at the time, was unlawfully on the property or who, while
  170  lawfully on the property, was tormenting, abusing, or assaulting
  171  the dog or its owner or a family member.
  172         (b) The dog was protecting or defending a human being
  173  within the immediate vicinity of the dog from an unjustified
  174  attack or assault.
  175         (3) After the investigation, the animal control authority
  176  shall make an initial determination as to whether there is
  177  sufficient cause to classify the dog as dangerous and, if
  178  sufficient cause is found, as to the appropriate penalty under
  179  subsection (5). The animal control authority shall afford the
  180  owner an opportunity for a hearing before prior to making a
  181  final determination regarding the classification or penalty. The
  182  animal control authority shall provide written notification of
  183  the sufficient cause finding and proposed penalty to the owner
  184  by registered mail or, certified hand delivery, or service in
  185  conformance with the provisions of chapter 48 relating to
  186  service of process. The owner may file a written request for a
  187  hearing regarding the dangerous dog classification, penalty, or
  188  both, within 7 calendar days after receipt of the notification
  189  of the sufficient cause finding and proposed penalty. If the
  190  owner requests a hearing, the hearing must shall be held as soon
  191  as possible, but not later than 21 calendar days and not sooner
  192  than 5 days after receipt of the request from the owner. If a
  193  hearing is not timely requested regarding the dangerous dog
  194  classification or proposed penalty, the determination of the
  195  animal control authority as to such matter is shall become
  196  final. Each applicable local governing authority shall establish
  197  hearing procedures that conform to this subsection.
  198         (4) Upon a dangerous dog classification and penalty
  199  becoming final after a hearing or by operation of law pursuant
  200  to subsection (3), the animal control authority shall do all of
  201  the following:
  202         (a) Provide a written final order to the owner by
  203  registered mail or, certified hand delivery or service. The
  204  owner may appeal the classification or, penalty, or both, to the
  205  circuit court in accordance with the Florida Rules of Appellate
  206  Procedure after receipt of the final order. If the dog is not
  207  held by the animal control authority, the owner must confine the
  208  dog in a proper enclosure securely fenced or enclosed area
  209  pending resolution of the appeal. Each applicable local
  210  governing authority must establish appeal procedures that
  211  conform to this paragraph subsection.
  212         (b)Provide the information required by s. 767.125(2) to
  213  the department for the dangerous dog’s inclusion in the
  214  statewide Dangerous Dog Registry.
  215         (c)If the dog is classified as a dangerous dog due to an
  216  incident that caused severe injury to a human being, destroy the
  217  dog in an expeditious and humane manner.
  218         (5)(a) Except as otherwise provided in paragraph (4)(c)
  219  (b), the owner of a dog classified as a dangerous dog shall do
  220  all of the following:
  221         (a)1.Upon Within 14 days after issuance of the final order
  222  classifying the dog as dangerous or the conclusion of any appeal
  223  that affirms such final order, obtain a certificate of
  224  registration for the dog from the animal control authority
  225  serving the area in which he or she resides, and renew the
  226  certificate annually. Animal control authorities may are
  227  authorized to issue such certificates of registration, and
  228  renewals thereof, only to persons who are at least 18 years of
  229  age and who present to the animal control authority sufficient
  230  evidence of all of the following:
  231         1.a. A current certificate of rabies vaccination for the
  232  dog.
  233         2.b. A proper enclosure to confine the a dangerous dog and
  234  the posting of the premises with a clearly visible warning sign
  235  at all entry points which informs both children and adults of
  236  the presence of a dangerous dog on the property.
  237         3.c. Permanent identification of the dog, such as a tattoo
  238  on the inside thigh or an electronic implantation of a
  239  microchip.
  240         4.The dog having been spayed or neutered.
  241         5.Liability insurance as required by paragraph (b).
  242  
  243  The appropriate governmental unit may impose an annual fee for
  244  the issuance of certificates of registration required by this
  245  section.
  246         (b)Upon issuance of the final order classifying the dog as
  247  dangerous or the conclusion of any appeal that affirms such
  248  final order, obtain liability insurance coverage in an amount of
  249  at least $100,000 to cover damages resulting from an attack by
  250  the dangerous dog causing bodily injury to a person and provide
  251  proof of the required liability insurance coverage to the animal
  252  control authority for the area in which the dog is kept.
  253         (c)2. Immediately notify the appropriate animal control
  254  authority when the dog:
  255         1.a. Is loose or unconfined;.
  256         2.b. Has bitten a human being or attacked another animal;.
  257         3.c. Is sold, given away, or dies; or.
  258         4.d. Is moved to another address.
  259         (d) Before selling or giving away the a dangerous dog is
  260  sold or given away, the owner shall provide the name, address,
  261  and telephone number of the new owner to the animal control
  262  authority. The new owner must comply with all of the
  263  requirements of this section and any implementing local
  264  ordinances, even if the animal is moved from one local
  265  jurisdiction to another within this the state. The animal
  266  control officer must be notified by the owner of a dog
  267  classified as dangerous that the dog is in his or her
  268  jurisdiction.
  269         (e)3. Not allow permit the dog to be outside a proper
  270  enclosure unless the dog is muzzled and restrained by a
  271  substantial chain or leash and under control of a competent
  272  person. The muzzle must be made in a manner that will not cause
  273  injury to the dog or interfere with its vision or respiration
  274  but will prevent it from biting a person or an animal. The owner
  275  may exercise the dog on the owner’s property in a proper
  276  enclosure securely fenced or enclosed area that does not have a
  277  top, without a muzzle or leash, if the dog remains within the
  278  owner’s his or her sight and only members of the immediate
  279  household or persons 18 years of age or older, if applicable,
  280  are allowed in the enclosure when the dog is present. When being
  281  transported, such dogs must be safely and securely restrained
  282  within a vehicle.
  283         (b) If a dog is classified as a dangerous dog due to an
  284  incident that causes severe injury to a human being, based upon
  285  the nature and circumstances of the injury and the likelihood of
  286  a future threat to the public safety, health, and welfare, the
  287  dog may be destroyed in an expeditious and humane manner.
  288         (6) Hunting dogs are exempt from this section when engaged
  289  in any legal hunt or training procedure. Dogs engaged in
  290  training or exhibiting in legal sports such as obedience trials,
  291  conformation shows, field trials, hunting/retrieving trials, and
  292  herding trials are exempt from this section when engaged in any
  293  legal procedures. However, such dogs at all other times in all
  294  other respects are subject to this and local laws. Dogs that
  295  have been classified as dangerous may not be used for hunting
  296  purposes.
  297         (7) A person who violates any provision of this section
  298  commits a noncriminal infraction, punishable by a fine not to
  299  exceed $1,000 per violation $500.
  300         Section 5. Section 767.125, Florida Statutes, is created to
  301  read:
  302         767.125Statewide Dangerous Dog Registry.—
  303         (1)The department shall create and maintain a statewide
  304  Dangerous Dog Registry that provides the public with a
  305  searchable online database of dogs throughout this state which
  306  have been declared dangerous by local authorities.
  307         (2)Each animal control authority shall, at a minimum,
  308  report all of the following information regarding a dangerous
  309  dog within its jurisdiction to the department for inclusion in
  310  the registry:
  311         (a)A current certificate of rabies vaccination for the
  312  dog.
  313         (b)Evidence of a proper enclosure within which the
  314  dangerous dog will be confined and of the posting of the
  315  premises with a clearly visible warning sign at all entry points
  316  which informs both children and adults of the presence of a
  317  dangerous dog on the property.
  318         (c)Evidence of permanent identification of the dog, such
  319  as a tattoo on the inside thigh or an implantation of a
  320  microchip.
  321         (d)Evidence of the dog having been spayed or neutered.
  322         (e)Evidence that the owner has obtained the required
  323  liability insurance.
  324         (f)The dog’s name and a photograph of the dog.
  325         (g)The county in which the dog is located.
  326         (h)The owner’s name and address.
  327         (3)The department shall adopt rules to administer this
  328  section.
  329         Section 6. Subsections (1) and (2) of section 767.13,
  330  Florida Statutes, are amended to read:
  331         767.13 Attack or bite by dangerous dog; penalties;
  332  confiscation; destruction.—
  333         (1) If a dog that has previously been declared dangerous
  334  attacks or bites a person or a domestic animal without
  335  provocation, the owner commits is guilty of a misdemeanor of the
  336  first degree, punishable as provided in s. 775.082 or s.
  337  775.083. In addition, The dangerous dog must shall be
  338  immediately confiscated by an animal control authority;, placed
  339  in quarantine, if necessary, for the proper length of time;, or
  340  impounded; and held for 10 business days after the owner is
  341  given written notification under s. 767.12, and thereafter
  342  destroyed in an expeditious and humane manner. This 10-day time
  343  period shall allow The owner may to request a hearing under s.
  344  767.12 during the 10-day time period. The owner is shall be
  345  responsible for payment of all boarding costs and other fees as
  346  may be required to humanely and safely keep the animal during
  347  any appeal procedure.
  348         (2) If a dog that has previously been declared dangerous
  349  attacks and causes severe injury to or death of any human, the
  350  owner commits is guilty of a felony of the third degree,
  351  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  352  In addition, The dog must shall be immediately confiscated by an
  353  animal control authority;, placed in quarantine, if necessary,
  354  for the proper length of time; impounded; and or held for 10
  355  business days after the owner is given written notification
  356  under s. 767.12, and thereafter destroyed in an expeditious and
  357  humane manner. This 10-day time period shall allow The owner may
  358  to request a hearing under s. 767.12 during the 10-day time
  359  period. The owner is shall be responsible for payment of all
  360  boarding costs and other fees as may be required to humanely and
  361  safely keep the animal during any appeal procedure.
  362         Section 7. Section 767.135, Florida Statutes, is amended to
  363  read:
  364         767.135 Attack or bite by unclassified dog that causes
  365  death; confiscation; destruction.—If a dog that has not been
  366  declared dangerous attacks and causes the death of a human, the
  367  dog must shall be immediately confiscated by an animal control
  368  authority;, placed in quarantine, if necessary, for the proper
  369  length of time; impounded; and or held for 10 business days
  370  after the owner is given written notification under s. 767.12,
  371  and thereafter destroyed in an expeditious and humane manner.
  372  This 10-day time period shall allow The owner may to request a
  373  hearing under s. 767.12 during the 10-day time period. If the
  374  owner files a written appeal under s. 767.12 or this section,
  375  the dog must be held and may not be destroyed while the appeal
  376  is pending. The owner is responsible for payment of all boarding
  377  costs and other fees as may be required to humanely and safely
  378  keep the animal during any appeal procedure.
  379         Section 8. Subsection (1) of section 767.136, Florida
  380  Statutes, is amended to read:
  381         767.136 Attack or bite by unclassified dog that causes
  382  severe injury or death; penalties.—
  383         (1) If a dog that has not been declared dangerous attacks
  384  and causes severe injury to, or the death of, a human, and the
  385  owner of the dog had knowledge of the dog’s dangerous
  386  propensities, yet failed to secure the dog in a proper enclosure
  387  pursuant to s. 767.01(2) demonstrated a reckless disregard for
  388  such propensities under the circumstances, the owner of the dog
  389  commits a misdemeanor of the second degree, punishable as
  390  provided in s. 775.082 or s. 775.083.
  391         Section 9. Subsection (1) of section 767.16, Florida
  392  Statutes, is amended to read:
  393         767.16 Police canine or service dog; exemption.—
  394         (1) Any canine that is owned, or the service of which is
  395  employed, by a law enforcement agency, is exempt from this part
  396  while the canine is on duty.
  397         Section 10. This act shall take effect July 1, 2024.