Florida Senate - 2025                       CS for CS for SB 572
       
       
        
       By the Committees on Fiscal Policy; and Judiciary; and Senators
       Collins and Wright
       
       
       
       
       594-03838-25                                           2025572c2
    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; making technical changes; amending s.
    6         767.10, F.S.; revising legislative findings relating
    7         to dangerous dogs; reordering and amending s. 767.11,
    8         F.S.; revising definitions; amending s. 767.12, F.S.;
    9         requiring, rather than authorizing, that dogs subject
   10         to certain dangerous dog investigations which have
   11         killed or bitten a human being to a certain severity
   12         be immediately confiscated, placed in quarantine if
   13         necessary, impounded, and held; requiring, rather than
   14         authorizing, that such dogs be held until the
   15         completion of certain actions; authorizing dogs that
   16         are the subject of multiple dangerous dog
   17         investigations to be immediately confiscated, placed
   18         in quarantine, impounded, and held; requiring that
   19         certain dogs not impounded with the animal control
   20         authority be confined in a proper enclosure by the
   21         owner; requiring the owner of a dog subject to a
   22         dangerous dog investigation to provide certain
   23         information to an animal control authority; requiring
   24         the owner of a dog classified as dangerous to obtain a
   25         certificate of registration for the dog from a certain
   26         animal control authority and renew the certification
   27         annually; authorizing an animal control authority to
   28         issue certain certificates of registration to certain
   29         persons if certain conditions have been met, including
   30         implantation of a microchip, spaying or neutering the
   31         dog, and obtaining limited liability insurance;
   32         requiring the owner of a dog classified as a dangerous
   33         dog to obtain dangerous dog liability insurance
   34         coverage and provide proof of such insurance to a
   35         certain animal control authority; providing
   36         requirements for such insurance; requiring and
   37         authorizing an animal control authority to humanely
   38         euthanize a dangerous dog under certain circumstances;
   39         requiring an animal shelter, a humane organization, or
   40         certain animal control agencies to provide specified
   41         information to potential adopters; revising the
   42         conditions under which an owner is authorized to
   43         exercise a dangerous dog; revising the civil penalty
   44         for violations; providing criminal penalties for
   45         persons who resist or obstruct an animal control
   46         authority; making technical changes; amending s.
   47         767.13, F.S.; increasing a penalty; making technical
   48         changes; conforming provisions to changes made by the
   49         act; amending s. 767.135, F.S.; making technical
   50         changes; conforming provisions to changes made by the
   51         act; amending s. 767.136, F.S.; increasing a penalty
   52         for the owner of a dog that causes severe injury to,
   53         or the death of, a human; providing an effective date.
   54          
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. This act may be cited as the “Pam Rock Act.”
   58         Section 2. Section 767.01, Florida Statutes, is amended to
   59  read:
   60         767.01 Dog owner’s liability for damages to persons,
   61  domestic animals, or livestock.—
   62         (1)A dog owner is Owners of dogs shall be liable for any
   63  damage done by the owner’s dog their dogs to a person or to any
   64  animal included in the definitions of “domestic animal” and
   65  “livestock” as provided by s. 585.01.
   66         (2)If a dog owner has knowledge of the dog’s dangerous
   67  propensities, the owner must securely confine the dog in a
   68  proper enclosure as defined in s. 767.11.
   69         Section 3. Section 767.10, Florida Statutes, is amended to
   70  read:
   71         767.10 Legislative findings.—The Legislature finds that
   72  dangerous dogs are an increasingly serious and widespread threat
   73  to the safety and welfare of the people of this state because of
   74  unprovoked attacks which cause injury to persons and domestic
   75  animals; that such attacks are in part attributable to the
   76  failure of owners to confine and properly train and control
   77  their dogs; that existing laws inadequately address this growing
   78  problem; and that it is appropriate and necessary to impose
   79  uniform requirements for dog the owners of dangerous dogs.
   80         Section 4. Section 767.11, Florida Statutes, is reordered
   81  and amended to read:
   82         767.11 Definitions.—As used in this part act, unless the
   83  context clearly requires otherwise:
   84         (3)(1) “Dangerous dog” means a any dog that according to
   85  the records of the appropriate authority:
   86         (a) Has aggressively bitten, attacked, or endangered or has
   87  inflicted severe injury on a human being on public or private
   88  property;
   89         (b) Has more than once severely injured or killed a
   90  domestic animal while off the owner’s property; or
   91         (c) Has, when unprovoked, chased or approached a person
   92  upon the streets, sidewalks, or any public grounds in a menacing
   93  fashion or apparent attitude of attack, provided that such
   94  actions are attested to in a sworn statement by one or more
   95  persons and dutifully investigated by the appropriate authority.
   96         (7)(2) “Unprovoked” means that the victim who has been
   97  conducting himself or herself peacefully and lawfully has been
   98  bitten or chased in a menacing fashion or attacked by a dog.
   99         (6)(3) “Severe injury” means any physical injury that
  100  results in broken bones, multiple bites, or disfiguring
  101  lacerations requiring sutures or reconstructive surgery.
  102         (5)(4) “Proper enclosure of a dangerous dog” means, while
  103  on the owner’s property, a dangerous dog is securely confined
  104  indoors or in a securely enclosed and locked pen or structure,
  105  suitable to prevent the entry of young children and designed to
  106  prevent the dog animal from escaping. The Such pen or structure
  107  must shall have secure sides and a secure top to prevent the dog
  108  from escaping over, under, or through the structure and must
  109  shall also provide protection from the elements.
  110         (1)(5) “Animal control authority” means an entity acting
  111  alone or in concert with other local governmental units and
  112  authorized by them to enforce the animal control laws of the
  113  city, county, or state. In those areas not served by an animal
  114  control authority, the sheriff shall carry out the duties of the
  115  animal control authority under this part act.
  116         (2)(6) “Animal control officer” means any individual
  117  employed, contracted with, or appointed by the animal control
  118  authority for the purpose of aiding in the enforcement of this
  119  part act or any other law or ordinance relating to the licensure
  120  of animals, control of animals, or seizure and impoundment of
  121  animals and includes any state or local law enforcement officer
  122  or other employee whose duties in whole or in part include
  123  assignments that involve the seizure and impoundment of an any
  124  animal.
  125         (4)(7) “Owner” means a any person, a firm, a corporation,
  126  or an organization possessing, harboring, keeping, or having
  127  control or custody of an animal or, if the animal is owned by a
  128  person under the age of 18, that person’s parent or guardian.
  129         Section 5. Section 767.12, Florida Statutes, is amended to
  130  read:
  131         767.12 Classification of dogs as dangerous; owner
  132  requirements; penalty certification of registration; notice and
  133  hearing requirements; confinement of animal; exemption; appeals;
  134  unlawful acts.—
  135         (1) An animal control authority shall investigate reported
  136  incidents involving any dog that may be dangerous and, if
  137  possible, shall interview the owner and require a sworn
  138  affidavit from any person, including any animal control officer
  139  or enforcement officer, desiring to have a dog classified as
  140  dangerous.
  141         (a) An animal that is the subject of a dangerous dog
  142  investigation and that has killed a human being or has bitten a
  143  human being and left a bite mark that scores 5 or higher on the
  144  Dunbar bite scale must because of severe injury to a human being
  145  may be immediately confiscated by an animal control authority;,
  146  placed in quarantine, if necessary, for the proper length of
  147  time;, or impounded; and held. The animal must may be held
  148  pending the outcome of the investigation and any hearings or
  149  appeals related to the dangerous dog classification or any
  150  penalty imposed under this section. If the dog is to be
  151  destroyed, the dog may not be destroyed while an appeal is
  152  pending. The owner is responsible for payment of all boarding
  153  costs and other fees as may be required to humanely and safely
  154  keep the animal pending any hearing or appeal.
  155         (b) An animal that is the subject of any other a dangerous
  156  dog investigation may be immediately confiscated by an animal
  157  control authority; placed in quarantine, if necessary, for the
  158  proper length of time; impounded; and held. An animal that
  159  investigation which is not impounded with the animal control
  160  authority must be humanely and safely confined by the owner in a
  161  proper enclosure securely fenced or enclosed area. The animal
  162  shall be confined in such manner pending the outcome of the
  163  investigation and the resolution of any hearings or appeals
  164  related to the dangerous dog classification or any penalty
  165  imposed under this section. The owner shall provide the address
  166  at which the animal resides shall be provided to the animal
  167  control authority. A dog that is the subject of a dangerous dog
  168  investigation may not be relocated or have its ownership
  169  transferred pending the outcome of the investigation and any
  170  hearings or appeals related to the dangerous dog classification
  171  or any penalty imposed under this section. If a dog is to be
  172  destroyed, the dog may not be relocated or have its ownership
  173  transferred.
  174         (2) A dog may not be declared dangerous if any of the
  175  following apply:
  176         (a) The threat, injury, or damage was sustained by a person
  177  who, at the time, was unlawfully on the property or who, while
  178  lawfully on the property, was tormenting, abusing, or assaulting
  179  the dog or its owner or a family member.
  180         (b) The dog was protecting or defending a human being
  181  within the immediate vicinity of the dog from an unjustified
  182  attack or assault.
  183         (3) After the investigation, the animal control authority
  184  shall make an initial determination as to whether there is
  185  sufficient cause to classify the dog as dangerous and, if
  186  sufficient cause is found, as to the appropriate penalty under
  187  subsection (5). The animal control authority shall afford the
  188  owner an opportunity for a hearing before prior to making a
  189  final determination regarding the classification or penalty. The
  190  animal control authority shall provide written notification of
  191  the sufficient cause finding and proposed penalty to the owner
  192  by registered mail or, certified hand delivery, or service in
  193  conformance with the provisions of chapter 48 relating to
  194  service of process. The owner may file a written request for a
  195  hearing regarding the dangerous dog classification, penalty, or
  196  both, within 7 calendar days after receipt of the notification
  197  of the sufficient cause finding and proposed penalty. If the
  198  owner requests a hearing, the hearing must shall be held as soon
  199  as possible, but not later than 21 calendar days and not sooner
  200  than 5 days after receipt of the request from the owner. If a
  201  hearing is not timely requested regarding the dangerous dog
  202  classification or proposed penalty, the determination of the
  203  animal control authority as to such matter is shall become
  204  final. Each applicable local governing authority shall establish
  205  hearing procedures that conform to this subsection.
  206         (4) Upon a dangerous dog classification and penalty
  207  becoming final after a hearing or by operation of law pursuant
  208  to subsection (3), the animal control authority shall provide a
  209  written final order to the owner by registered mail or,
  210  certified hand delivery or service in conformance with the
  211  provisions of chapter 48 relating to service of process. The
  212  owner may appeal the classification or, penalty, or both, to the
  213  circuit court in accordance with the Florida Rules of Appellate
  214  Procedure after receipt of the final order. If the dog is not
  215  held by the animal control authority, the owner must confine the
  216  dog in a proper enclosure securely fenced or enclosed area
  217  pending resolution of the appeal. Each applicable local
  218  governing authority must establish appeal procedures that
  219  conform to this subsection.
  220         (5)(a) Except as otherwise provided in paragraph (b), the
  221  owner of a dog classified as a dangerous dog shall do all of the
  222  following:
  223         1. Upon Within 14 days after issuance of the final order
  224  classifying the dog as dangerous or the conclusion of any appeal
  225  that affirms such final order, obtain a certificate of
  226  registration for the dog from the animal control authority
  227  serving the area in which he or she resides, and renew the
  228  certificate annually. Animal control authorities may are
  229  authorized to issue such certificates of registration, and
  230  renewals thereof, only to persons who are at least 18 years of
  231  age and who present to the animal control authority sufficient
  232  evidence of all of the following:
  233         a. A current certificate of rabies vaccination for the dog.
  234         b. A proper enclosure to confine the a dangerous dog and
  235  the posting of the premises with a clearly visible warning sign
  236  at all entry points which informs both children and adults of
  237  the presence of a dangerous dog on the property.
  238         c. Permanent identification of the dog by, such as a tattoo
  239  on the inside thigh or electronic implantation of a microchip.
  240  Any person who knowingly and willfully removes a microchip
  241  implanted pursuant to this sub-subparagraph commits a felony of
  242  the third degree, punishable as provided in s. 775.082, s.
  243  775.083, or s. 775.084.
  244         d.The dog having been spayed or neutered.
  245         e.Liability insurance as required by subparagraph 2.
  246  
  247  The appropriate governmental unit may impose an annual fee for
  248  the issuance of certificates of registration required by this
  249  section.
  250         2. Upon issuance of the final order classifying the dog as
  251  dangerous or the conclusion of any appeal that affirms such
  252  final order, obtain liability insurance coverage in an amount of
  253  at least $100,000 to cover damages resulting from an attack by
  254  the dangerous dog causing bodily injury to a person and provide
  255  proof of the required liability insurance coverage to the animal
  256  control authority for the area in which the dog is kept.
  257         3. Immediately notify the appropriate animal control
  258  authority when the dog:
  259         a. Is loose or unconfined;.
  260         b. Has bitten a human being or attacked another animal;.
  261         c. Is sold, given away, or dies; or.
  262         d. Is moved to another address.
  263         4. Before selling or giving away the a dangerous dog, is
  264  sold or given away, the owner shall provide the name, address,
  265  and telephone number of the new owner to the animal control
  266  authority.
  267         a. The new owner must comply with all of the requirements
  268  of this section and any implementing local ordinances, even if
  269  the animal is moved from one local jurisdiction to another
  270  within this the state, and. The animal control officer must
  271  notify the animal control authority be notified by the owner of
  272  a dog classified as dangerous that the dog is in the authority’s
  273  his or her jurisdiction.
  274         b.If a dangerous dog has killed a human being or has
  275  bitten a human being and left a bite mark that scores 5 or
  276  higher on the Dunbar bite scale and is surrendered to an animal
  277  control authority, the authority must humanely euthanize the
  278  dog.
  279         c.For any other dangerous dog that is surrendered to an
  280  animal control authority, the authority may humanely euthanize
  281  the dog. If the animal control authority elects to place the
  282  animal for adoption, it must post signage on the dog’s enclosure
  283  to inform potential adopters that the dog has been declared
  284  dangerous and inform any adopter of the dog owner’s requirements
  285  under this section. The animal control authority must provide a
  286  person who adopts a dangerous dog with a copy of the declaration
  287  and must require them to sign a contract with the authority
  288  agreeing to abide by the requirements of the declaration.
  289         5.3. Not allow permit the dog to be outside a proper
  290  enclosure unless the dog is muzzled and restrained by a
  291  substantial chain or leash and under control of a competent
  292  person. The muzzle must be made in a manner that will not cause
  293  injury to the dog or interfere with its vision or respiration
  294  but will prevent it from biting a person or an animal. The owner
  295  may exercise the dog on the owner’s property in a proper
  296  enclosure securely fenced or enclosed area that does not have a
  297  top, without a muzzle or leash, if the dog remains within the
  298  owner’s his or her sight and only members of the immediate
  299  household or persons 18 years of age or older, if applicable,
  300  are allowed in the enclosure when the dog is present. When being
  301  transported, such dogs must be safely and securely restrained
  302  within a vehicle.
  303         (b) If a dog is classified as a dangerous dog due to an
  304  incident that causes severe injury to a human being, based upon
  305  the nature and circumstances of the injury and the likelihood of
  306  a future threat to the public safety, health, and welfare, the
  307  dog may be destroyed in an expeditious and humane manner.
  308         (6) Hunting dogs are exempt from this section when engaged
  309  in any legal hunt or training procedure. Dogs engaged in
  310  training or exhibiting in legal sports such as obedience trials,
  311  conformation shows, field trials, hunting/retrieving trials, and
  312  herding trials are exempt from this section when engaged in any
  313  legal procedures. However, such dogs at all other times in all
  314  other respects are subject to this and local laws. Dogs that
  315  have been classified as dangerous may not be used for hunting
  316  purposes.
  317         (7) A person who violates any provision of this section
  318  commits a noncriminal infraction, punishable by a fine not to
  319  exceed $1,000 per violation. In addition, any person who resists
  320  or obstructs an animal control authority in enforcing this
  321  section commits a misdemeanor of the first degree, punishable as
  322  provided in s. 775.082 or s. 775.083 $500.
  323         Section 6. Subsections (1) and (2) of section 767.13,
  324  Florida Statutes, are amended to read:
  325         767.13 Attack or bite by dangerous dog; penalties;
  326  confiscation; destruction.—
  327         (1) If a dog that has previously been declared dangerous
  328  attacks or bites a person or a domestic animal without
  329  provocation, the owner commits is guilty of a misdemeanor of the
  330  first degree, punishable as provided in s. 775.082 or s.
  331  775.083. In addition, The dangerous dog must shall be
  332  immediately confiscated by an animal control authority;, placed
  333  in quarantine, if necessary, for the proper length of time;, or
  334  impounded; and held for 10 business days after the owner is
  335  given written notification under s. 767.12, and thereafter
  336  destroyed in an expeditious and humane manner. This 10-day time
  337  period shall allow The owner may to request a hearing under s.
  338  767.12 during the 10 business days after such notification. The
  339  owner is shall be responsible for payment of all boarding costs
  340  and other fees as may be required to humanely and safely keep
  341  the animal during any appeal procedure.
  342         (2) If a dog that has previously been declared dangerous
  343  attacks and causes severe injury to or death of any human, the
  344  owner commits is guilty of a felony of the second third degree,
  345  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  346  In addition, The dog must shall be immediately confiscated by an
  347  animal control authority;, placed in quarantine, if necessary,
  348  for the proper length of time; impounded; and or held for 10
  349  business days after the owner is given written notification
  350  under s. 767.12, and thereafter destroyed in an expeditious and
  351  humane manner. This 10-day time period shall allow The owner may
  352  to request a hearing under s. 767.12 during the 10 business days
  353  after such notification. The owner is shall be responsible for
  354  payment of all boarding costs and other fees as may be required
  355  to humanely and safely keep the animal during any appeal
  356  procedure.
  357         Section 7. Section 767.135, Florida Statutes, is amended to
  358  read:
  359         767.135 Attack or bite by unclassified dog that causes
  360  death; confiscation; destruction.—If a dog that has not been
  361  declared dangerous attacks and causes the death of a human, the
  362  dog must shall be immediately confiscated by an animal control
  363  authority;, placed in quarantine, if necessary, for the proper
  364  length of time; impounded; and or held for 10 business days
  365  after the owner is given written notification under s. 767.12,
  366  and thereafter destroyed in an expeditious and humane manner.
  367  This 10-day time period shall allow The owner may to request a
  368  hearing under s. 767.12 during the 10 business days after such
  369  notification. If the owner files a written appeal under s.
  370  767.12 or this section, the dog must be held and may not be
  371  destroyed while the appeal is pending. The owner is responsible
  372  for payment of all boarding costs and other fees as may be
  373  required to humanely and safely keep the animal during any
  374  appeal procedure.
  375         Section 8. Subsection (1) of section 767.136, Florida
  376  Statutes, is amended to read:
  377         767.136 Attack or bite by unclassified dog that causes
  378  severe injury or death; penalties.—
  379         (1) If a dog that has not been declared dangerous attacks
  380  and causes severe injury to, or the death of, a human, and the
  381  owner of the dog had knowledge of the dog’s dangerous
  382  propensities, yet demonstrated a reckless disregard for such
  383  propensities under the circumstances, the owner of the dog
  384  commits a misdemeanor of the first second degree, punishable as
  385  provided in s. 775.082 or s. 775.083.
  386         Section 9. This act shall take effect July 1, 2025.