Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 572
Ì825270ÆÎ825270
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/23/2025 .
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The Committee on Fiscal Policy (Collins) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 89 - 363
4 and insert:
5 on the owner’s property, a dangerous dog is securely confined
6 indoors or in a securely enclosed and locked pen or structure,
7 suitable to prevent the entry of young children and designed to
8 prevent the dog animal from escaping. The Such pen or structure
9 must shall have secure sides and a secure top to prevent the dog
10 from escaping over, under, or through the structure and must
11 shall also provide protection from the elements.
12 (1)(5) “Animal control authority” means an entity acting
13 alone or in concert with other local governmental units and
14 authorized by them to enforce the animal control laws of the
15 city, county, or state. In those areas not served by an animal
16 control authority, the sheriff shall carry out the duties of the
17 animal control authority under this part act.
18 (2)(6) “Animal control officer” means any individual
19 employed, contracted with, or appointed by the animal control
20 authority for the purpose of aiding in the enforcement of this
21 part act or any other law or ordinance relating to the licensure
22 of animals, control of animals, or seizure and impoundment of
23 animals and includes any state or local law enforcement officer
24 or other employee whose duties in whole or in part include
25 assignments that involve the seizure and impoundment of an any
26 animal.
27 (4)(7) “Owner” means a any person, a firm, a corporation,
28 or an organization possessing, harboring, keeping, or having
29 control or custody of an animal or, if the animal is owned by a
30 person under the age of 18, that person’s parent or guardian.
31 Section 5. Section 767.12, Florida Statutes, is amended to
32 read:
33 767.12 Classification of dogs as dangerous; owner
34 requirements; penalty certification of registration; notice and
35 hearing requirements; confinement of animal; exemption; appeals;
36 unlawful acts.—
37 (1) An animal control authority shall investigate reported
38 incidents involving any dog that may be dangerous and, if
39 possible, shall interview the owner and require a sworn
40 affidavit from any person, including any animal control officer
41 or enforcement officer, desiring to have a dog classified as
42 dangerous.
43 (a) An animal that is the subject of a dangerous dog
44 investigation and that has killed a human being or has bitten a
45 human being and left a bite mark that scores 5 or higher on the
46 Dunbar bite scale must because of severe injury to a human being
47 may be immediately confiscated by an animal control authority;,
48 placed in quarantine, if necessary, for the proper length of
49 time;, or impounded; and held. The animal must may be held
50 pending the outcome of the investigation and any hearings or
51 appeals related to the dangerous dog classification or any
52 penalty imposed under this section. If the dog is to be
53 destroyed, the dog may not be destroyed while an appeal is
54 pending. The owner is responsible for payment of all boarding
55 costs and other fees as may be required to humanely and safely
56 keep the animal pending any hearing or appeal.
57 (b) An animal that is the subject of any other a dangerous
58 dog investigation may be immediately confiscated by an animal
59 control authority; placed in quarantine, if necessary, for the
60 proper length of time; impounded; and held. An animal that
61 investigation which is not impounded with the animal control
62 authority must be humanely and safely confined by the owner in a
63 proper enclosure securely fenced or enclosed area. The animal
64 shall be confined in such manner pending the outcome of the
65 investigation and the resolution of any hearings or appeals
66 related to the dangerous dog classification or any penalty
67 imposed under this section. The owner shall provide the address
68 at which the animal resides shall be provided to the animal
69 control authority. A dog that is the subject of a dangerous dog
70 investigation may not be relocated or have its ownership
71 transferred pending the outcome of the investigation and any
72 hearings or appeals related to the dangerous dog classification
73 or any penalty imposed under this section. If a dog is to be
74 destroyed, the dog may not be relocated or have its ownership
75 transferred.
76 (2) A dog may not be declared dangerous if any of the
77 following apply:
78 (a) The threat, injury, or damage was sustained by a person
79 who, at the time, was unlawfully on the property or who, while
80 lawfully on the property, was tormenting, abusing, or assaulting
81 the dog or its owner or a family member.
82 (b) The dog was protecting or defending a human being
83 within the immediate vicinity of the dog from an unjustified
84 attack or assault.
85 (3) After the investigation, the animal control authority
86 shall make an initial determination as to whether there is
87 sufficient cause to classify the dog as dangerous and, if
88 sufficient cause is found, as to the appropriate penalty under
89 subsection (5). The animal control authority shall afford the
90 owner an opportunity for a hearing before prior to making a
91 final determination regarding the classification or penalty. The
92 animal control authority shall provide written notification of
93 the sufficient cause finding and proposed penalty to the owner
94 by registered mail or, certified hand delivery, or service in
95 conformance with the provisions of chapter 48 relating to
96 service of process. The owner may file a written request for a
97 hearing regarding the dangerous dog classification, penalty, or
98 both, within 7 calendar days after receipt of the notification
99 of the sufficient cause finding and proposed penalty. If the
100 owner requests a hearing, the hearing must shall be held as soon
101 as possible, but not later than 21 calendar days and not sooner
102 than 5 days after receipt of the request from the owner. If a
103 hearing is not timely requested regarding the dangerous dog
104 classification or proposed penalty, the determination of the
105 animal control authority as to such matter is shall become
106 final. Each applicable local governing authority shall establish
107 hearing procedures that conform to this subsection.
108 (4) Upon a dangerous dog classification and penalty
109 becoming final after a hearing or by operation of law pursuant
110 to subsection (3), the animal control authority shall provide a
111 written final order to the owner by registered mail or,
112 certified hand delivery or service in conformance with the
113 provisions of chapter 48 relating to service of process. The
114 owner may appeal the classification or, penalty, or both, to the
115 circuit court in accordance with the Florida Rules of Appellate
116 Procedure after receipt of the final order. If the dog is not
117 held by the animal control authority, the owner must confine the
118 dog in a proper enclosure securely fenced or enclosed area
119 pending resolution of the appeal. Each applicable local
120 governing authority must establish appeal procedures that
121 conform to this subsection.
122 (5)(a) Except as otherwise provided in paragraph (b), the
123 owner of a dog classified as a dangerous dog shall do all of the
124 following:
125 1. Upon Within 14 days after issuance of the final order
126 classifying the dog as dangerous or the conclusion of any appeal
127 that affirms such final order, obtain a certificate of
128 registration for the dog from the animal control authority
129 serving the area in which he or she resides, and renew the
130 certificate annually. Animal control authorities may are
131 authorized to issue such certificates of registration, and
132 renewals thereof, only to persons who are at least 18 years of
133 age and who present to the animal control authority sufficient
134 evidence of all of the following:
135 a. A current certificate of rabies vaccination for the dog.
136 b. A proper enclosure to confine the a dangerous dog and
137 the posting of the premises with a clearly visible warning sign
138 at all entry points which informs both children and adults of
139 the presence of a dangerous dog on the property.
140 c. Permanent identification of the dog by, such as a tattoo
141 on the inside thigh or electronic implantation of a microchip.
142 Any person who knowingly and willfully removes a microchip
143 implanted pursuant to this sub-subparagraph commits a felony of
144 the third degree, punishable as provided in s. 775.082, s.
145 775.083, or s. 775.084.
146 d. The dog having been spayed or neutered.
147 e. Liability insurance as required by subparagraph 2.
148
149 The appropriate governmental unit may impose an annual fee for
150 the issuance of certificates of registration required by this
151 section.
152 2. Upon issuance of the final order classifying the dog as
153 dangerous or the conclusion of any appeal that affirms such
154 final order, obtain liability insurance coverage in an amount of
155 at least $100,000 to cover damages resulting from an attack by
156 the dangerous dog causing bodily injury to a person and provide
157 proof of the required liability insurance coverage to the animal
158 control authority for the area in which the dog is kept.
159 3. Immediately notify the appropriate animal control
160 authority when the dog:
161 a. Is loose or unconfined;.
162 b. Has bitten a human being or attacked another animal;.
163 c. Is sold, given away, or dies; or.
164 d. Is moved to another address.
165 4. Before selling or giving away the a dangerous dog, is
166 sold or given away, the owner shall provide the name, address,
167 and telephone number of the new owner to the animal control
168 authority.
169 a. The new owner must comply with all of the requirements
170 of this section and any implementing local ordinances, even if
171 the animal is moved from one local jurisdiction to another
172 within this the state, and. The animal control officer must
173 notify the animal control authority be notified by the owner of
174 a dog classified as dangerous that the dog is in the authority’s
175 his or her jurisdiction.
176 b. If a dangerous dog has killed a human being or has
177 bitten a human being and left a bite mark that scores 5 or
178 higher on the Dunbar bite scale and is surrendered to an animal
179 control authority, the authority must humanely euthanize the
180 dog.
181 c. For any other dangerous dog that is surrendered to an
182 animal control authority, the authority may humanely euthanize
183 the dog. If the animal control authority elects to place the
184 animal for adoption, it must post signage on the dog’s enclosure
185 to inform potential adopters that the dog has been declared
186 dangerous and inform any adopter of the dog owner’s requirements
187 under this section. The animal control authority must provide a
188 person who adopts a dangerous dog with a copy of the declaration
189 and must require them to sign a contract with the authority
190 agreeing to abide by the requirements of the declaration.
191 5.3. Not allow permit the dog to be outside a proper
192 enclosure unless the dog is muzzled and restrained by a
193 substantial chain or leash and under control of a competent
194 person. The muzzle must be made in a manner that will not cause
195 injury to the dog or interfere with its vision or respiration
196 but will prevent it from biting a person or an animal. The owner
197 may exercise the dog on the owner’s property in a proper
198 enclosure securely fenced or enclosed area that does not have a
199 top, without a muzzle or leash, if the dog remains within the
200 owner’s his or her sight and only members of the immediate
201 household or persons 18 years of age or older, if applicable,
202 are allowed in the enclosure when the dog is present. When being
203 transported, such dogs must be safely and securely restrained
204 within a vehicle.
205 (b) If a dog is classified as a dangerous dog due to an
206 incident that causes severe injury to a human being, based upon
207 the nature and circumstances of the injury and the likelihood of
208 a future threat to the public safety, health, and welfare, the
209 dog may be destroyed in an expeditious and humane manner.
210 (6) Hunting dogs are exempt from this section when engaged
211 in any legal hunt or training procedure. Dogs engaged in
212 training or exhibiting in legal sports such as obedience trials,
213 conformation shows, field trials, hunting/retrieving trials, and
214 herding trials are exempt from this section when engaged in any
215 legal procedures. However, such dogs at all other times in all
216 other respects are subject to this and local laws. Dogs that
217 have been classified as dangerous may not be used for hunting
218 purposes.
219 (7) A person who violates any provision of this section
220 commits a noncriminal infraction, punishable by a fine not to
221 exceed $1,000 per violation. In addition, any person who resists
222 or obstructs an animal control authority in enforcing this
223 section commits a misdemeanor of the first degree, punishable as
224 provided in s. 775.082 or s. 775.083 $500.
225 Section 6. Subsections (1) and (2) of section 767.13,
226 Florida Statutes, are amended to read:
227 767.13 Attack or bite by dangerous dog; penalties;
228 confiscation; destruction.—
229 (1) If a dog that has previously been declared dangerous
230 attacks or bites a person or a domestic animal without
231 provocation, the owner commits is guilty of a misdemeanor of the
232 first degree, punishable as provided in s. 775.082 or s.
233 775.083. In addition, The dangerous dog must shall be
234 immediately confiscated by an animal control authority;, placed
235 in quarantine, if necessary, for the proper length of time;, or
236 impounded; and held for 10 business days after the owner is
237 given written notification under s. 767.12, and thereafter
238 destroyed in an expeditious and humane manner. This 10-day time
239 period shall allow The owner may to request a hearing under s.
240 767.12 during the 10 business days after such notification. The
241 owner is shall be responsible for payment of all boarding costs
242 and other fees as may be required to humanely and safely keep
243 the animal during any appeal procedure.
244 (2) If a dog that has previously been declared dangerous
245 attacks and causes severe injury to or death of any human, the
246 owner commits is guilty of a felony of the second third degree,
247 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
248 In addition, The dog must shall be immediately confiscated by an
249 animal control authority;, placed in quarantine, if necessary,
250 for the proper length of time; impounded; and or held for 10
251 business days after the owner is given written notification
252 under s. 767.12, and thereafter destroyed in an expeditious and
253 humane manner. This 10-day time period shall allow The owner may
254 to request a hearing under s. 767.12 during the 10 business days
255 after such notification. The owner is shall be responsible for
256 payment of all boarding costs and other fees as may be required
257 to humanely and safely keep the animal during any appeal
258 procedure.
259 Section 7. Section 767.135, Florida Statutes, is amended to
260 read:
261 767.135 Attack or bite by unclassified dog that causes
262 death; confiscation; destruction.—If a dog that has not been
263 declared dangerous attacks and causes the death of a human, the
264 dog must shall be immediately confiscated by an animal control
265 authority;, placed in quarantine, if necessary, for the proper
266 length of time; impounded; and or held for 10 business days
267 after the owner is given written notification under s. 767.12,
268 and thereafter destroyed in an expeditious and humane manner.
269 This 10-day time period shall allow The owner may to request a
270 hearing under s. 767.12 during the 10 business days after such
271 notification. If the owner files a written appeal under s.
272 767.12 or this section, the dog must be held and may not be
273 destroyed while the appeal is pending. The owner is responsible
274 for payment of all boarding costs and other fees as may be
275 required to humanely and safely keep the animal during any
276 appeal procedure.
277 Section 8. Subsection (1) of section 767.136, Florida
278 Statutes, is amended to read:
279 767.136 Attack or bite by unclassified dog that causes
280 severe injury or death; penalties.—
281 (1) If a dog that has not been declared dangerous attacks
282 and causes severe injury to, or the death of, a human, and the
283 owner of the dog had knowledge of the dog’s dangerous
284 propensities, yet demonstrated a reckless disregard for such
285 propensities under the circumstances, the owner of the dog
286 commits a misdemeanor of the first second degree, punishable as
287
288 ================= T I T L E A M E N D M E N T ================
289 And the title is amended as follows:
290 Delete lines 10 - 38
291 and insert:
292 dangerous dog investigations which have killed or
293 bitten a human being to a certain severity be
294 immediately confiscated, placed in quarantine if
295 necessary, impounded, and held; requiring, rather than
296 authorizing, that such dogs be held until the
297 completion of certain actions; authorizing dogs that
298 are the subject of multiple dangerous dogs
299 investigations to be immediately confiscated, placed
300 in quarantine, impounded, and held; requiring that
301 certain dogs not impounded with the animal control
302 authority be confined in a proper enclosure by the
303 owner; requiring the owner of a dog subject to a
304 dangerous dog investigation to provide certain
305 information to an animal control authority; requiring
306 the owner of a dog classified as dangerous to obtain a
307 certificate of registration for the dog from a certain
308 animal control authority and renew the certification
309 annually; authorizing an animal control authority to
310 issue certain certificates of registration to certain
311 persons if certain conditions have been met, including
312 implantation of a microchip, spaying or neutering the
313 dog, and obtaining limited liability insurance;
314 requiring the owner of a dog classified as a dangerous
315 dog to obtain dangerous dog liability insurance
316 coverage and provide proof of such insurance to a
317 certain animal control authority; providing
318 requirements for such insurance; requiring and
319 authorizing an animal control authority to humanely
320 euthanize a dangerous dog under certain circumstances;
321 requiring an animal shelter, a humane organization, or
322 certain animal control agencies to provide specified
323 information to potential adopters; revising the
324 conditions under which an owner is authorized to
325 exercise a dangerous dog; revising the civil penalty
326 for violations; providing criminal penalties for
327 persons who resist or obstruct an animal control
328 authority; making technical changes; amending s.
329 767.13, F.S.; increasing a penalty; making technical
330 changes; conforming provisions to changes made by the
331 act; amending s. 767.135, F.S.; making technical
332 changes; conforming provisions to changes made by the
333 act; amending s. 767.136, F.S.; increasing a penalty
334 for the owner of a dog that causes severe injury to,
335 or the death of a human;