Florida Senate - 2025                                     SB 572
       
       
        
       By Senator Collins
       
       
       
       
       
       14-00115-25                                            2025572__
    1                        A bill to be entitled                      
    2         An act relating to dangerous dogs; providing a short
    3         title; amending s. 767.01, F.S.; requiring certain dog
    4         owners to securely confine their dogs in a proper
    5         enclosure; amending s. 767.10, F.S.; revising
    6         legislative findings relating to dangerous dogs;
    7         reordering and amending s. 767.11, F.S.; defining the
    8         term “department”; revising definitions; amending s.
    9         767.12, F.S.; requiring, rather than authorizing, that
   10         dogs subject to certain dangerous dog investigations
   11         be confiscated, impounded, and held; requiring, rather
   12         than authorizing, that such dogs be held until the
   13         completion of certain actions; revising the
   14         circumstances under which an owner is responsible for
   15         paying certain costs and fees; requiring that certain
   16         dogs not impounded be confined in a proper enclosure
   17         by the owner; requiring animal control authorities to
   18         provide certain information to the Department of
   19         Agriculture and Consumer Services and to destroy
   20         certain dogs; revising the information that the owner
   21         of a dog classified as a dangerous dog is required to
   22         provide to an animal control authority; requiring such
   23         owner to obtain dangerous dog liability insurance
   24         coverage; providing requirements for such insurance;
   25         revising the civil penalty for violations; creating s.
   26         767.125, F.S.; requiring the department to create and
   27         maintain a statewide Dangerous Dog Registry; providing
   28         the purpose of the registry; requiring animal control
   29         authorities to provide the department with certain
   30         information; requiring the department to adopt rules;
   31         amending ss. 767.13 and 767.135, F.S.; making
   32         technical changes; conforming provisions to changes
   33         made by the act; amending s. 767.136, F.S.; revising
   34         the circumstances under which the owner of a dog that
   35         has not been declared dangerous is liable for such
   36         dog’s severe injury to, or the death of, a human;
   37         providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. This act may be cited as the “Pam Rock Act.”
   42         Section 2. Section 767.01, Florida Statutes, is amended to
   43  read:
   44         767.01 Dog owner’s liability for damages to persons,
   45  domestic animals, or livestock.—
   46         (1)A dog owner is Owners of dogs shall be liable for any
   47  damage done by the owner’s dog their dogs to a person or to any
   48  animal included in the definitions of “domestic animal” and
   49  “livestock” as provided by s. 585.01.
   50         (2)If a dog owner has knowledge of the dog’s dangerous
   51  propensities, the owner must securely confine the dog in a
   52  proper enclosure as defined in s. 767.11.
   53         Section 3. Section 767.10, Florida Statutes, is amended to
   54  read:
   55         767.10 Legislative findings.—The Legislature finds that
   56  dangerous dogs are an increasingly serious and widespread threat
   57  to the safety and welfare of the people of this state because of
   58  unprovoked attacks which cause injury to persons and domestic
   59  animals; that such attacks are in part attributable to the
   60  failure of owners to confine and properly train and control
   61  their dogs; that existing laws inadequately address this growing
   62  problem; and that it is appropriate and necessary to impose
   63  uniform requirements for dog the owners of dangerous dogs.
   64         Section 4. Section 767.11, Florida Statutes, is reordered
   65  and amended to read:
   66         767.11 Definitions.—As used in this part act, unless the
   67  context clearly requires otherwise:
   68         (3)(1) “Dangerous dog” means a any dog that according to
   69  the records of the appropriate authority:
   70         (a) Has aggressively bitten, attacked, or endangered or has
   71  inflicted severe injury on a human being on public or private
   72  property;
   73         (b) Has more than once severely injured or killed a
   74  domestic animal while off the owner’s property; or
   75         (c) Has, when unprovoked, chased or approached a person
   76  upon the streets, sidewalks, or any public grounds in a menacing
   77  fashion or apparent attitude of attack, provided that such
   78  actions are attested to in a sworn statement by one or more
   79  persons and dutifully investigated by the appropriate authority.
   80         (4)“Department” means the Department of Agriculture and
   81  Consumer Services.
   82         (8)(2) “Unprovoked” means that the victim who has been
   83  conducting himself or herself peacefully and lawfully has been
   84  bitten or chased in a menacing fashion or attacked by a dog.
   85         (7)(3) “Severe injury” means any physical injury that
   86  results in broken bones, multiple bites, or disfiguring
   87  lacerations requiring sutures or reconstructive surgery.
   88         (6)(4) “Proper enclosure of a dangerous dog” means, while
   89  on the owner’s property, a dangerous dog is securely confined:
   90         (a) Indoors;
   91         (b)In a locked, fenced yard, suitable to prevent the entry
   92  of young children and designed to prevent the dog from escaping
   93  over, under, or through the fence; or
   94         (c) In a securely enclosed and locked pen or structure,
   95  suitable to prevent the entry of young children and designed to
   96  prevent the dog animal from escaping. The Such pen or structure
   97  must shall have secure sides and a secure top to prevent the dog
   98  from escaping over, under, or through the structure and must
   99  shall also provide protection from the elements.
  100         (1)(5) “Animal control authority” means an entity acting
  101  alone or in concert with other local governmental units and
  102  authorized by them to enforce the animal control laws of the
  103  city, county, or state. In those areas not served by an animal
  104  control authority, the sheriff shall carry out the duties of the
  105  animal control authority under this part act.
  106         (2)(6) “Animal control officer” means any individual
  107  employed, contracted with, or appointed by the animal control
  108  authority for the purpose of aiding in the enforcement of this
  109  part act or any other law or ordinance relating to the licensure
  110  of animals, control of animals, or seizure and impoundment of
  111  animals and includes any state or local law enforcement officer
  112  or other employee whose duties in whole or in part include
  113  assignments that involve the seizure and impoundment of an any
  114  animal.
  115         (5)(7) “Owner” means a any person, a firm, a corporation,
  116  or an organization possessing, harboring, keeping, or having
  117  control or custody of an animal or, if the animal is owned by a
  118  person under the age of 18 years of age or younger, that
  119  person’s parent or guardian.
  120         Section 5. Section 767.12, Florida Statutes, is amended to
  121  read:
  122         767.12 Classification of dogs as dangerous; owner
  123  requirements; penalty certification of registration; notice and
  124  hearing requirements; confinement of animal; exemption; appeals;
  125  unlawful acts.—
  126         (1) An animal control authority shall investigate reported
  127  incidents involving any dog that may be dangerous and, if
  128  possible, shall interview the owner and require a sworn
  129  affidavit from any person, including any animal control officer
  130  or enforcement officer, desiring to have a dog classified as
  131  dangerous.
  132         (a) An animal that is the subject of a dangerous dog
  133  investigation for behavior described in s. 767.11(3)(a) or (c)
  134  must because of severe injury to a human being may be
  135  immediately confiscated by an animal control authority;, placed
  136  in quarantine, if necessary, for the proper length of time;, or
  137  impounded; and held. The animal must may be held pending the
  138  outcome of the investigation and any hearings or appeals related
  139  to the dangerous dog classification or any penalty imposed under
  140  this section. If the dog is to be destroyed, the dog may not be
  141  destroyed while an appeal is pending. The owner is responsible
  142  for payment of all boarding costs and other fees as may be
  143  required to humanely and safely keep the animal pending any
  144  hearing or appeal, unless it is determined that the dog is not
  145  dangerous.
  146         (b) An animal that is the subject of a dangerous dog
  147  investigation for behavior described in s. 767.11(3)(b) may be
  148  immediately confiscated by an animal control authority; placed
  149  in quarantine, if necessary, for the proper length of time; or
  150  impounded and held. An animal that which is not impounded with
  151  the animal control authority must be humanely and safely
  152  confined by the owner in a proper enclosure securely fenced or
  153  enclosed area. The animal shall be confined in such manner
  154  pending the outcome of the investigation and the resolution of
  155  any hearings or appeals related to the dangerous dog
  156  classification or any penalty imposed under this section. The
  157  owner shall provide the address at which the animal resides
  158  shall be provided to the animal control authority. A dog that is
  159  the subject of a dangerous dog investigation may not be
  160  relocated or have its ownership transferred pending the outcome
  161  of the investigation and any hearings or appeals related to the
  162  dangerous dog classification or any penalty imposed under this
  163  section. If a dog is to be destroyed, the dog may not be
  164  relocated or have its ownership transferred.
  165         (2) A dog may not be declared dangerous if any of the
  166  following apply:
  167         (a) The threat, injury, or damage was sustained by a person
  168  who, at the time, was unlawfully on the property or who, while
  169  lawfully on the property, was tormenting, abusing, or assaulting
  170  the dog or its owner or a family member.
  171         (b) The dog was protecting or defending a human being
  172  within the immediate vicinity of the dog from an unjustified
  173  attack or assault.
  174         (3) After the investigation, the animal control authority
  175  shall make an initial determination as to whether there is
  176  sufficient cause to classify the dog as dangerous and, if
  177  sufficient cause is found, as to the appropriate penalty under
  178  subsection (5). The animal control authority shall afford the
  179  owner an opportunity for a hearing before prior to making a
  180  final determination regarding the classification or penalty. The
  181  animal control authority shall provide written notification of
  182  the sufficient cause finding and proposed penalty to the owner
  183  by registered mail or, certified hand delivery, or service in
  184  conformance with the provisions of chapter 48 relating to
  185  service of process. The owner may file a written request for a
  186  hearing regarding the dangerous dog classification, penalty, or
  187  both, within 7 calendar days after receipt of the notification
  188  of the sufficient cause finding and proposed penalty. If the
  189  owner requests a hearing, the hearing must shall be held as soon
  190  as possible, but not later than 21 calendar days and not sooner
  191  than 5 days after receipt of the request from the owner. If a
  192  hearing is not timely requested regarding the dangerous dog
  193  classification or proposed penalty, the determination of the
  194  animal control authority as to such matter is shall become
  195  final. Each applicable local governing authority shall establish
  196  hearing procedures that conform to this subsection.
  197         (4) Upon a dangerous dog classification and penalty
  198  becoming final after a hearing or by operation of law pursuant
  199  to subsection (3), the animal control authority shall do all of
  200  the following:
  201         (a) Provide a written final order to the owner by
  202  registered mail or, certified hand delivery or service. The
  203  owner may appeal the classification or, penalty, or both, to the
  204  circuit court in accordance with the Florida Rules of Appellate
  205  Procedure after receipt of the final order. If the dog is not
  206  held by the animal control authority, the owner must confine the
  207  dog in a proper enclosure securely fenced or enclosed area
  208  pending resolution of the appeal. Each applicable local
  209  governing authority must establish appeal procedures that
  210  conform to this paragraph subsection.
  211         (b)Provide the information required by s. 767.125(2) to
  212  the department for the dangerous dog’s inclusion in the
  213  statewide Dangerous Dog Registry.
  214         (c)If the dog is classified as a dangerous dog due to an
  215  incident that caused severe injury to a human being, destroy the
  216  dog in an expeditious and humane manner.
  217         (5)(a) Except as otherwise provided in paragraph (4)(c)
  218  (b), the owner of a dog classified as a dangerous dog shall do
  219  all of the following:
  220         (a)1.Upon Within 14 days after issuance of the final order
  221  classifying the dog as dangerous or the conclusion of any appeal
  222  that affirms such final order, obtain a certificate of
  223  registration for the dog from the animal control authority
  224  serving the area in which he or she resides, and renew the
  225  certificate annually. Animal control authorities may are
  226  authorized to issue such certificates of registration, and
  227  renewals thereof, only to persons who are at least 18 years of
  228  age and who present to the animal control authority sufficient
  229  evidence of all of the following:
  230         1.a. A current certificate of rabies vaccination for the
  231  dog.
  232         2.b. A proper enclosure to confine the a dangerous dog and
  233  the posting of the premises with a clearly visible warning sign
  234  at all entry points which informs both children and adults of
  235  the presence of a dangerous dog on the property.
  236         3.c. Permanent identification of the dog, such as a tattoo
  237  on the inside thigh of the dog or electronic implantation of a
  238  microchip.
  239         4.The dog having been spayed or neutered.
  240         5.Liability insurance as required by paragraph (b).
  241  
  242  The appropriate governmental unit may impose an annual fee for
  243  the issuance of certificates of registration required by this
  244  section.
  245         (b)Upon issuance of the final order classifying the dog as
  246  dangerous or the conclusion of any appeal that affirms such
  247  final order, obtain liability insurance coverage in an amount of
  248  at least $100,000 to cover damages resulting from an attack by
  249  the dangerous dog causing bodily injury to a person and provide
  250  proof of the required liability insurance coverage to the animal
  251  control authority for the area in which the dog is kept.
  252         (c)2. Immediately notify the appropriate animal control
  253  authority when the dog:
  254         1.a. Is loose or unconfined;.
  255         2.b. Has bitten a human being or attacked another animal;.
  256         3.c. Is sold, given away, or dies; or.
  257         4.d. Is moved to another address.
  258         (d) Before selling or giving away the a dangerous dog is
  259  sold or given away, the owner shall provide the name, address,
  260  and telephone number of the new owner to the animal control
  261  authority. The new owner must comply with all of the
  262  requirements of this section and any implementing local
  263  ordinances, even if the animal is moved from one local
  264  jurisdiction to another within this the state, and. The animal
  265  control officer must notify the animal control authority be
  266  notified by the owner of a dog classified as dangerous that the
  267  dog is in the authority’s his or her jurisdiction.
  268         (e)3. Not allow permit the dog to be outside a proper
  269  enclosure unless the dog is muzzled and restrained by a
  270  substantial chain or leash and under control of a competent
  271  person. The muzzle must be made in a manner that will not cause
  272  injury to the dog or interfere with its vision or respiration
  273  but will prevent it from biting a person or an animal. The owner
  274  may exercise the dog on the owner’s property in a proper
  275  enclosure securely fenced or enclosed area that does not have a
  276  top, without a muzzle or leash, if the dog remains within the
  277  owner’s his or her sight and only members of the immediate
  278  household or persons 18 years of age or older, if applicable,
  279  are allowed in the enclosure when the dog is present. When being
  280  transported, such dogs must be safely and securely restrained
  281  within a vehicle.
  282         (b) If a dog is classified as a dangerous dog due to an
  283  incident that causes severe injury to a human being, based upon
  284  the nature and circumstances of the injury and the likelihood of
  285  a future threat to the public safety, health, and welfare, the
  286  dog may be destroyed in an expeditious and humane manner.
  287         (6) Hunting dogs are exempt from this section when engaged
  288  in any legal hunt or training procedure. Dogs engaged in
  289  training or exhibiting in legal sports such as obedience trials,
  290  conformation shows, field trials, hunting/retrieving trials, and
  291  herding trials are exempt from this section when engaged in any
  292  legal procedures. However, such dogs at all other times in all
  293  other respects are subject to this and local laws. Dogs that
  294  have been classified as dangerous may not be used for hunting
  295  purposes.
  296         (7) A person who violates any provision of this section
  297  commits a noncriminal infraction, punishable by a fine not to
  298  exceed $1,000 per violation $500.
  299         Section 6. Section 767.125, Florida Statutes, is created to
  300  read:
  301         767.125Statewide Dangerous Dog Registry.—
  302         (1)The department shall create and maintain a statewide
  303  Dangerous Dog Registry that provides the public with a
  304  searchable online statewide database of dogs that have been
  305  declared dangerous by local animal control authorities.
  306         (2)Each animal control authority shall, at a minimum,
  307  report all of the following information regarding a dangerous
  308  dog within its jurisdiction to the department for inclusion in
  309  the registry:
  310         (a)A current certificate of rabies vaccination for the
  311  dog.
  312         (b)Evidence of a proper enclosure within which the
  313  dangerous dog will be confined and of the posting on the
  314  premises of a clearly visible warning sign at all entry points
  315  which informs both children and adults of the presence of a
  316  dangerous dog on the property.
  317         (c)Evidence of permanent identification, such as a tattoo
  318  on the inside thigh of the dog or implantation of a microchip.
  319         (d)Evidence of the dog having been spayed or neutered.
  320         (e)Evidence that the owner has obtained the required
  321  liability insurance.
  322         (f)The dog’s name and a photograph of the dog.
  323         (g)The county in which the dog is located.
  324         (h)The owner’s name and address.
  325         (3)The department shall adopt rules to administer this
  326  section.
  327         Section 7. Subsections (1) and (2) of section 767.13,
  328  Florida Statutes, are amended to read:
  329         767.13 Attack or bite by dangerous dog; penalties;
  330  confiscation; destruction.—
  331         (1) If a dog that has previously been declared dangerous
  332  attacks or bites a person or a domestic animal without
  333  provocation, the owner commits is guilty of a misdemeanor of the
  334  first degree, punishable as provided in s. 775.082 or s.
  335  775.083. In addition, The dangerous dog must shall be
  336  immediately confiscated by an animal control authority;, placed
  337  in quarantine, if necessary, for the proper length of time;, or
  338  impounded; and held for 10 business days after the owner is
  339  given written notification under s. 767.12, and thereafter
  340  destroyed in an expeditious and humane manner. This 10-day time
  341  period shall allow The owner may to request a hearing under s.
  342  767.12 during the 10 business days after such notification. The
  343  owner is shall be responsible for payment of all boarding costs
  344  and other fees as may be required to humanely and safely keep
  345  the animal during any appeal procedure.
  346         (2) If a dog that has previously been declared dangerous
  347  attacks and causes severe injury to or death of any human, the
  348  owner commits is guilty of a felony of the third degree,
  349  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  350  In addition, The dog must shall be immediately confiscated by an
  351  animal control authority;, placed in quarantine, if necessary,
  352  for the proper length of time; impounded; and or held for 10
  353  business days after the owner is given written notification
  354  under s. 767.12, and thereafter destroyed in an expeditious and
  355  humane manner. This 10-day time period shall allow The owner may
  356  to request a hearing under s. 767.12 during the 10 business days
  357  after such notification. The owner is shall be responsible for
  358  payment of all boarding costs and other fees as may be required
  359  to humanely and safely keep the animal during any appeal
  360  procedure.
  361         Section 8. Section 767.135, Florida Statutes, is amended to
  362  read:
  363         767.135 Attack or bite by unclassified dog that causes
  364  death; confiscation; destruction.—If a dog that has not been
  365  declared dangerous attacks and causes the death of a human, the
  366  dog must shall be immediately confiscated by an animal control
  367  authority;, placed in quarantine, if necessary, for the proper
  368  length of time; impounded; and or held for 10 business days
  369  after the owner is given written notification under s. 767.12,
  370  and thereafter destroyed in an expeditious and humane manner.
  371  This 10-day time period shall allow The owner may to request a
  372  hearing under s. 767.12 during the 10 business days after such
  373  notification. If the owner files a written appeal under s.
  374  767.12 or this section, the dog must be held and may not be
  375  destroyed while the appeal is pending. The owner is responsible
  376  for payment of all boarding costs and other fees as may be
  377  required to humanely and safely keep the animal during any
  378  appeal procedure.
  379         Section 9. 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 10. This act shall take effect July 1, 2025.