Florida Senate - 2025 CS for SB 572
By the Committee on Judiciary; and Senators Collins and Wright
590-03178-25 2025572c1
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.; 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 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; revising the information that the owner
18 of a dog classified as a dangerous dog is required to
19 provide to an animal control authority; requiring
20 microchipping of a dog classified as a dangerous dog;
21 providing a penalty for knowingly and willfully
22 removing a microchip; authorizing animal control
23 authority to issue certain certificates of
24 registration to certain persons if certain conditions
25 have been met, including spaying or neutering the dog;
26 requiring the owner of a dog classified as a dangerous
27 dog to obtain dangerous dog liability insurance
28 coverage; providing requirements for such insurance;
29 requiring an animal shelter, a humane organization, or
30 certain animal control agencies to provide specified
31 information to potential adopters; revising exercise
32 requirements; revising the civil penalty for
33 violations; amending ss. 767.13 and 767.135, F.S.;
34 making technical changes; conforming provisions to
35 changes made by the act; amending s. 767.136, F.S.;
36 revising the circumstances under which the owner of a
37 dog that has not been declared dangerous is liable for
38 such dog’s severe injury to, or the death of, a human;
39 providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. This act may be cited as the “Pam Rock Act.”
44 Section 2. Section 767.01, Florida Statutes, is amended to
45 read:
46 767.01 Dog owner’s liability for damages to persons,
47 domestic animals, or livestock.—
48 (1) A dog owner is Owners of dogs shall be liable for any
49 damage done by the owner’s dog their dogs to a person or to any
50 animal included in the definitions of “domestic animal” and
51 “livestock” as provided by s. 585.01.
52 (2) If a dog owner has knowledge of the dog’s dangerous
53 propensities, the owner must securely confine the dog in a
54 proper enclosure as defined in s. 767.11.
55 Section 3. Section 767.10, Florida Statutes, is amended to
56 read:
57 767.10 Legislative findings.—The Legislature finds that
58 dangerous dogs are an increasingly serious and widespread threat
59 to the safety and welfare of the people of this state because of
60 unprovoked attacks which cause injury to persons and domestic
61 animals; that such attacks are in part attributable to the
62 failure of owners to confine and properly train and control
63 their dogs; that existing laws inadequately address this growing
64 problem; and that it is appropriate and necessary to impose
65 uniform requirements for dog the owners of dangerous dogs.
66 Section 4. Section 767.11, Florida Statutes, is reordered
67 and amended to read:
68 767.11 Definitions.—As used in this part act, unless the
69 context clearly requires otherwise:
70 (3)(1) “Dangerous dog” means a any dog that according to
71 the records of the appropriate authority:
72 (a) Has aggressively bitten, attacked, or endangered or has
73 inflicted severe injury on a human being on public or private
74 property;
75 (b) Has more than once severely injured or killed a
76 domestic animal while off the owner’s property; or
77 (c) Has, when unprovoked, chased or approached a person
78 upon the streets, sidewalks, or any public grounds in a menacing
79 fashion or apparent attitude of attack, provided that such
80 actions are attested to in a sworn statement by one or more
81 persons and dutifully investigated by the appropriate authority.
82 (7)(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 (6)(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 (5)(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 (4)(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 provide a
200 written final order to the owner by registered mail or,
201 certified hand delivery or service. The owner may appeal the
202 classification or, penalty, or both, to the circuit court in
203 accordance with the Florida Rules of Appellate Procedure after
204 receipt of the final order. If the dog is not held by the animal
205 control authority, the owner must confine the dog in a proper
206 enclosure securely fenced or enclosed area pending resolution of
207 the appeal. Each applicable local governing authority must
208 establish appeal procedures that conform to this subsection.
209 (5)(a) Except as otherwise provided in paragraph (b), the
210 owner of a dog classified as a dangerous dog shall do all of the
211 following:
212 1. Upon Within 14 days after issuance of the final order
213 classifying the dog as dangerous or the conclusion of any appeal
214 that affirms such final order, obtain a certificate of
215 registration for the dog from the animal control authority
216 serving the area in which he or she resides, and renew the
217 certificate annually. Animal control authorities may are
218 authorized to issue such certificates of registration, and
219 renewals thereof, only to persons who are at least 18 years of
220 age and who present to the animal control authority sufficient
221 evidence of all of the following:
222 a. A current certificate of rabies vaccination for the dog.
223 b. A proper enclosure to confine the a dangerous dog and
224 the posting of the premises with a clearly visible warning sign
225 at all entry points which informs both children and adults of
226 the presence of a dangerous dog on the property.
227 c. Permanent identification of the dog by, such as a tattoo
228 on the inside thigh or electronic implantation of a microchip.
229 Any person who knowingly and willfully removes a microchip
230 implanted pursuant to this sub-subparagraph commits a felony of
231 the third degree, punishable as provided in s. 775.082, s.
232 775.083, or s. 775.084.
233 d. The dog having been spayed or neutered.
234 e. Liability insurance as required by subparagraph 2.
235
236 The appropriate governmental unit may impose an annual fee for
237 the issuance of certificates of registration required by this
238 section.
239 2. Upon issuance of the final order classifying the dog as
240 dangerous or the conclusion of any appeal that affirms such
241 final order, obtain liability insurance coverage in an amount of
242 at least $100,000 to cover damages resulting from an attack by
243 the dangerous dog causing bodily injury to a person and provide
244 proof of the required liability insurance coverage to the animal
245 control authority for the area in which the dog is kept.
246 3. Immediately notify the appropriate animal control
247 authority when the dog:
248 a. Is loose or unconfined;.
249 b. Has bitten a human being or attacked another animal;.
250 c. Is sold, given away, or dies; or.
251 d. Is moved to another address.
252 4.a. Before selling or giving away the a dangerous dog is
253 sold or given away, the owner shall provide the name, address,
254 and telephone number of the new owner to the animal control
255 authority. The new owner must comply with all of the
256 requirements of this section and any implementing local
257 ordinances, even if the animal is moved from one local
258 jurisdiction to another within this the state, and. The animal
259 control officer must notify the animal control authority be
260 notified by the owner of a dog classified as dangerous that the
261 dog is in the authority’s his or her jurisdiction.
262 b. If the dangerous dog is surrendered to a public or
263 private animal shelter, a humane organization, or an animal
264 control agency operated by a humane organization or by a county,
265 municipality, or other incorporated political subdivision, the
266 entity must post signage on the dog’s enclosure to inform
267 potential adopters that the dog has been declared dangerous and
268 inform any adopter of the dog owner’s requirements under this
269 section.
270 5.3. Not allow permit the dog to be outside a proper
271 enclosure unless the dog is muzzled and restrained by a
272 substantial chain or leash and under control of a competent
273 person. The muzzle must be made in a manner that will not cause
274 injury to the dog or interfere with its vision or respiration
275 but will prevent it from biting a person or an animal. The owner
276 may exercise the dog on the owner’s property in a proper
277 enclosure securely fenced or enclosed area that does not have a
278 top, without a muzzle or leash, if the dog remains within the
279 owner’s his or her sight and only members of the immediate
280 household or persons 18 years of age or older, if applicable,
281 are allowed in the enclosure when the dog is present. When being
282 transported, such dogs must be safely and securely restrained
283 within a vehicle.
284 (b) If a dog is classified as a dangerous dog due to an
285 incident that causes severe injury to a human being, based upon
286 the nature and circumstances of the injury and the likelihood of
287 a future threat to the public safety, health, and welfare, the
288 dog may be destroyed in an expeditious and humane manner.
289 (6) Hunting dogs are exempt from this section when engaged
290 in any legal hunt or training procedure. Dogs engaged in
291 training or exhibiting in legal sports such as obedience trials,
292 conformation shows, field trials, hunting/retrieving trials, and
293 herding trials are exempt from this section when engaged in any
294 legal procedures. However, such dogs at all other times in all
295 other respects are subject to this and local laws. Dogs that
296 have been classified as dangerous may not be used for hunting
297 purposes.
298 (7) A person who violates any provision of this section
299 commits a noncriminal infraction, punishable by a fine not to
300 exceed $1,000 per violation $500.
301 Section 6. Subsections (1) and (2) of section 767.13,
302 Florida Statutes, are amended to read:
303 767.13 Attack or bite by dangerous dog; penalties;
304 confiscation; destruction.—
305 (1) If a dog that has previously been declared dangerous
306 attacks or bites a person or a domestic animal without
307 provocation, the owner commits is guilty of a misdemeanor of the
308 first degree, punishable as provided in s. 775.082 or s.
309 775.083. In addition, The dangerous dog must shall be
310 immediately confiscated by an animal control authority;, placed
311 in quarantine, if necessary, for the proper length of time;, or
312 impounded; and held for 10 business days after the owner is
313 given written notification under s. 767.12, and thereafter
314 destroyed in an expeditious and humane manner. This 10-day time
315 period shall allow The owner may to request a hearing under s.
316 767.12 during the 10 business days after such notification. The
317 owner is shall be responsible for payment of all boarding costs
318 and other fees as may be required to humanely and safely keep
319 the animal during any appeal procedure.
320 (2) If a dog that has previously been declared dangerous
321 attacks and causes severe injury to or death of any human, the
322 owner commits is guilty of a felony of the third degree,
323 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
324 In addition, The dog must shall be immediately confiscated by an
325 animal control authority;, placed in quarantine, if necessary,
326 for the proper length of time; impounded; and or held for 10
327 business days after the owner is given written notification
328 under s. 767.12, and thereafter destroyed in an expeditious and
329 humane manner. This 10-day time period shall allow The owner may
330 to request a hearing under s. 767.12 during the 10 business days
331 after such notification. The owner is shall be responsible for
332 payment of all boarding costs and other fees as may be required
333 to humanely and safely keep the animal during any appeal
334 procedure.
335 Section 7. Section 767.135, Florida Statutes, is amended to
336 read:
337 767.135 Attack or bite by unclassified dog that causes
338 death; confiscation; destruction.—If a dog that has not been
339 declared dangerous attacks and causes the death of a human, the
340 dog must shall be immediately confiscated by an animal control
341 authority;, placed in quarantine, if necessary, for the proper
342 length of time; impounded; and or held for 10 business days
343 after the owner is given written notification under s. 767.12,
344 and thereafter destroyed in an expeditious and humane manner.
345 This 10-day time period shall allow The owner may to request a
346 hearing under s. 767.12 during the 10 business days after such
347 notification. If the owner files a written appeal under s.
348 767.12 or this section, the dog must be held and may not be
349 destroyed while the appeal is pending. The owner is responsible
350 for payment of all boarding costs and other fees as may be
351 required to humanely and safely keep the animal during any
352 appeal procedure.
353 Section 8. Subsection (1) of section 767.136, Florida
354 Statutes, is amended to read:
355 767.136 Attack or bite by unclassified dog that causes
356 severe injury or death; penalties.—
357 (1) If a dog that has not been declared dangerous attacks
358 and causes severe injury to, or the death of, a human, and the
359 owner of the dog had knowledge of the dog’s dangerous
360 propensities, yet failed to secure the dog in a proper enclosure
361 pursuant to s. 767.01(2) demonstrated a reckless disregard for
362 such propensities under the circumstances, the owner of the dog
363 commits a misdemeanor of the second degree, punishable as
364 provided in s. 775.082 or s. 775.083.
365 Section 9. This act shall take effect July 1, 2025.