Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for HB 593
Ì874468UÎ874468
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/28/2025 01:24 PM .
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Senator Collins moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Pam Rock Act.”
6 Section 2. Section 767.01, Florida Statutes, is amended to
7 read:
8 767.01 Dog owner’s liability for damages to persons,
9 domestic animals, or livestock.—
10 (1) A dog owner is Owners of dogs shall be liable for any
11 damage done by the owner’s dog their dogs to a person or to any
12 animal included in the definitions of “domestic animal” and
13 “livestock” as provided by s. 585.01.
14 (2) If a dog owner has knowledge of the dog’s dangerous
15 propensities, the owner must securely confine the dog in a
16 proper enclosure as defined in s. 767.11.
17 Section 3. Section 767.10, Florida Statutes, is amended to
18 read:
19 767.10 Legislative findings.—The Legislature finds that
20 dangerous dogs are an increasingly serious and widespread threat
21 to the safety and welfare of the people of this state because of
22 unprovoked attacks which cause injury to persons and domestic
23 animals; that such attacks are in part attributable to the
24 failure of owners to confine and properly train and control
25 their dogs; that existing laws inadequately address this growing
26 problem; and that it is appropriate and necessary to impose
27 uniform requirements for dog the owners of dangerous dogs.
28 Section 4. Section 767.11, Florida Statutes, is reordered
29 and amended to read:
30 767.11 Definitions.—As used in this part act, unless the
31 context clearly requires otherwise:
32 (3)(1) “Dangerous dog” means a any dog that according to
33 the records of the appropriate authority:
34 (a) Has aggressively bitten, attacked, or endangered or has
35 inflicted severe injury on a human being on public or private
36 property;
37 (b) Has more than once severely injured or killed a
38 domestic animal while off the owner’s property; or
39 (c) Has, when unprovoked, chased or approached a person
40 upon the streets, sidewalks, or any public grounds in a menacing
41 fashion or apparent attitude of attack, provided that such
42 actions are attested to in a sworn statement by one or more
43 persons and dutifully investigated by the appropriate authority.
44 (7)(2) “Unprovoked” means that the victim who has been
45 conducting himself or herself peacefully and lawfully has been
46 bitten or chased in a menacing fashion or attacked by a dog.
47 (6)(3) “Severe injury” means any physical injury that
48 results in broken bones, multiple bites, or disfiguring
49 lacerations requiring sutures or reconstructive surgery.
50 (5)(4) “Proper enclosure of a dangerous dog” means, while
51 on the owner’s property, a dangerous dog is securely confined
52 indoors or in a securely enclosed and locked pen or structure,
53 suitable to prevent the entry of young children and designed to
54 prevent the dog animal from escaping. The Such pen or structure
55 must shall have secure sides and a secure top to prevent the dog
56 from escaping over, under, or through the structure and must
57 shall also provide protection from the elements.
58 (1)(5) “Animal control authority” means an entity acting
59 alone or in concert with other local governmental units and
60 authorized by them to enforce the animal control laws of the
61 city, county, or state. In those areas not served by an animal
62 control authority, the sheriff shall carry out the duties of the
63 animal control authority under this part act.
64 (2)(6) “Animal control officer” means any individual
65 employed, contracted with, or appointed by the animal control
66 authority for the purpose of aiding in the enforcement of this
67 part act or any other law or ordinance relating to the licensure
68 of animals, control of animals, or seizure and impoundment of
69 animals and includes any state or local law enforcement officer
70 or other employee whose duties in whole or in part include
71 assignments that involve the seizure and impoundment of an any
72 animal.
73 (4)(7) “Owner” means a any person, a firm, a corporation,
74 or an organization possessing, harboring, keeping, or having
75 control or custody of an animal or, if the animal is owned by a
76 person under the age of 18, that person’s parent or guardian.
77 Section 5. Section 767.12, Florida Statutes, is amended to
78 read:
79 767.12 Classification of dogs as dangerous; owner
80 requirements; penalty certification of registration; notice and
81 hearing requirements; confinement of animal; exemption; appeals;
82 unlawful acts.—
83 (1) An animal control authority shall investigate reported
84 incidents involving any dog that may be dangerous and, if
85 possible, shall interview the owner and require a sworn
86 affidavit from any person, including any animal control officer
87 or enforcement officer, desiring to have a dog classified as
88 dangerous.
89 (a) An animal that is the subject of a dangerous dog
90 investigation and that has killed a human being or has bitten a
91 human being and left a bite mark that scores 5 or higher on the
92 Dunbar bite scale must because of severe injury to a human being
93 may be immediately confiscated by an animal control authority;,
94 placed in quarantine, if necessary, for the proper length of
95 time;, or impounded; and held. The animal must may be held
96 pending the outcome of the investigation and any hearings or
97 appeals related to the dangerous dog classification or any
98 penalty imposed under this section. If the dog is to be
99 destroyed, the dog may not be destroyed while an appeal is
100 pending. The owner is responsible for payment of all boarding
101 costs and other fees as may be required to humanely and safely
102 keep the animal pending any hearing or appeal.
103 (b) An animal that is the subject of any other a dangerous
104 dog investigation may be immediately confiscated by an animal
105 control authority; placed in quarantine, if necessary, for the
106 proper length of time; impounded; and held. An animal that
107 investigation which is not impounded with the animal control
108 authority must be humanely and safely confined by the owner in a
109 proper enclosure securely fenced or enclosed area. The animal
110 shall be confined in such manner pending the outcome of the
111 investigation and the resolution of any hearings or appeals
112 related to the dangerous dog classification or any penalty
113 imposed under this section. The owner shall provide the address
114 at which the animal resides shall be provided to the animal
115 control authority. A dog that is the subject of a dangerous dog
116 investigation may not be relocated or have its ownership
117 transferred pending the outcome of the investigation and any
118 hearings or appeals related to the dangerous dog classification
119 or any penalty imposed under this section. If a dog is to be
120 destroyed, the dog may not be relocated or have its ownership
121 transferred.
122 (2) A dog may not be declared dangerous if any of the
123 following apply:
124 (a) The threat, injury, or damage was sustained by a person
125 who, at the time, was unlawfully on the property or who, while
126 lawfully on the property, was tormenting, abusing, or assaulting
127 the dog or its owner or a family member.
128 (b) The dog was protecting or defending a human being
129 within the immediate vicinity of the dog from an unjustified
130 attack or assault.
131 (3) After the investigation, the animal control authority
132 shall make an initial determination as to whether there is
133 sufficient cause to classify the dog as dangerous and, if
134 sufficient cause is found, as to the appropriate penalty under
135 subsection (5). The animal control authority shall afford the
136 owner an opportunity for a hearing before prior to making a
137 final determination regarding the classification or penalty. The
138 animal control authority shall provide written notification of
139 the sufficient cause finding and proposed penalty to the owner
140 by registered mail or, certified hand delivery, or service in
141 conformance with the provisions of chapter 48 relating to
142 service of process. The owner may file a written request for a
143 hearing regarding the dangerous dog classification, penalty, or
144 both, within 7 calendar days after receipt of the notification
145 of the sufficient cause finding and proposed penalty. If the
146 owner requests a hearing, the hearing must shall be held as soon
147 as possible, but not later than 21 calendar days and not sooner
148 than 5 days after receipt of the request from the owner. If a
149 hearing is not timely requested regarding the dangerous dog
150 classification or proposed penalty, the determination of the
151 animal control authority as to such matter is shall become
152 final. Each applicable local governing authority shall establish
153 hearing procedures that conform to this subsection.
154 (4) Upon a dangerous dog classification and penalty
155 becoming final after a hearing or by operation of law pursuant
156 to subsection (3), the animal control authority shall provide a
157 written final order to the owner by registered mail or,
158 certified hand delivery or service in conformance with the
159 provisions of chapter 48 relating to service of process. The
160 owner may appeal the classification or, penalty, or both, to the
161 circuit court in accordance with the Florida Rules of Appellate
162 Procedure after receipt of the final order. If the dog is not
163 held by the animal control authority, the owner must confine the
164 dog in a proper enclosure securely fenced or enclosed area
165 pending resolution of the appeal. Each applicable local
166 governing authority must establish appeal procedures that
167 conform to this subsection.
168 (5)(a) Except as otherwise provided in paragraph (b), the
169 owner of a dog classified as a dangerous dog shall do all of the
170 following:
171 1. Upon Within 14 days after issuance of the final order
172 classifying the dog as dangerous or the conclusion of any appeal
173 that affirms such final order, obtain a certificate of
174 registration for the dog from the animal control authority
175 serving the area in which he or she resides, and renew the
176 certificate annually. Animal control authorities may are
177 authorized to issue such certificates of registration, and
178 renewals thereof, only to persons who are at least 18 years of
179 age and who present to the animal control authority sufficient
180 evidence of all of the following:
181 a. A current certificate of rabies vaccination for the dog.
182 b. A proper enclosure to confine the a dangerous dog and
183 the posting of the premises with a clearly visible warning sign
184 at all entry points which informs both children and adults of
185 the presence of a dangerous dog on the property.
186 c. Permanent identification of the dog by, such as a tattoo
187 on the inside thigh or electronic implantation of a microchip.
188 Any person who knowingly and willfully removes a microchip
189 implanted pursuant to this sub-subparagraph commits a felony of
190 the third degree, punishable as provided in s. 775.082, s.
191 775.083, or s. 775.084.
192 d. The dog having been spayed or neutered.
193 e. Liability insurance as required by subparagraph 2.
194
195 The appropriate governmental unit may impose an annual fee for
196 the issuance of certificates of registration required by this
197 section.
198 2. Upon issuance of the final order classifying the dog as
199 dangerous or the conclusion of any appeal that affirms such
200 final order, obtain liability insurance coverage in an amount of
201 at least $100,000 to cover damages resulting from an attack by
202 the dangerous dog causing bodily injury to a person and provide
203 proof of the required liability insurance coverage to the animal
204 control authority for the area in which the dog is kept.
205 3. Immediately notify the appropriate animal control
206 authority when the dog:
207 a. Is loose or unconfined;.
208 b. Has bitten a human being or attacked another animal;.
209 c. Is sold, given away, or dies; or.
210 d. Is moved to another address.
211 4. Before selling or giving away the a dangerous dog, is
212 sold or given away, the owner shall provide the name, address,
213 and telephone number of the new owner to the animal control
214 authority.
215 a. The new owner must comply with all of the requirements
216 of this section and any implementing local ordinances, even if
217 the animal is moved from one local jurisdiction to another
218 within this the state, and. The animal control officer must
219 notify the animal control authority be notified by the owner of
220 a dog classified as dangerous that the dog is in the authority’s
221 his or her jurisdiction.
222 b. If a dangerous dog has killed a human being or has
223 bitten a human being and left a bite mark that scores 5 or
224 higher on the Dunbar bite scale and is surrendered to an animal
225 control authority, the authority must humanely euthanize the
226 dog.
227 c. For any other dangerous dog that is surrendered to an
228 animal control authority, the authority may humanely euthanize
229 the dog. If the animal control authority elects to place the
230 animal for adoption, it must post signage on the dog’s enclosure
231 to inform potential adopters that the dog has been declared
232 dangerous and inform any adopter of the dog owner’s requirements
233 under this section. The animal control authority must provide a
234 person who adopts a dangerous dog with a copy of the declaration
235 and must require them to sign a contract with the authority
236 agreeing to abide by the requirements of the declaration.
237 5.3. Not allow permit the dog to be outside a proper
238 enclosure unless the dog is muzzled and restrained by a
239 substantial chain or leash and under control of a competent
240 person. The muzzle must be made in a manner that will not cause
241 injury to the dog or interfere with its vision or respiration
242 but will prevent it from biting a person or an animal. The owner
243 may exercise the dog on the owner’s property in a proper
244 enclosure securely fenced or enclosed area that does not have a
245 top, without a muzzle or leash, if the dog remains within the
246 owner’s his or her sight and only members of the immediate
247 household or persons 18 years of age or older, if applicable,
248 are allowed in the enclosure when the dog is present. When being
249 transported, such dogs must be safely and securely restrained
250 within a vehicle.
251 (b) If a dog is classified as a dangerous dog due to an
252 incident that causes severe injury to a human being, based upon
253 the nature and circumstances of the injury and the likelihood of
254 a future threat to the public safety, health, and welfare, the
255 dog may be destroyed in an expeditious and humane manner.
256 (6) Hunting dogs are exempt from this section when engaged
257 in any legal hunt or training procedure. Dogs engaged in
258 training or exhibiting in legal sports such as obedience trials,
259 conformation shows, field trials, hunting/retrieving trials, and
260 herding trials are exempt from this section when engaged in any
261 legal procedures. However, such dogs at all other times in all
262 other respects are subject to this and local laws. Dogs that
263 have been classified as dangerous may not be used for hunting
264 purposes.
265 (7) A person who violates any provision of this section
266 commits a noncriminal infraction, punishable by a fine not to
267 exceed $1,000 per violation. In addition, any person who resists
268 or obstructs an animal control authority in enforcing this
269 section commits a misdemeanor of the first degree, punishable as
270 provided in s. 775.082 or s. 775.083 $500.
271 Section 6. Subsections (1) and (2) of section 767.13,
272 Florida Statutes, are amended to read:
273 767.13 Attack or bite by dangerous dog; penalties;
274 confiscation; destruction.—
275 (1) If a dog that has previously been declared dangerous
276 attacks or bites a person or a domestic animal without
277 provocation, the owner commits is guilty of a misdemeanor of the
278 first degree, punishable as provided in s. 775.082 or s.
279 775.083. In addition, The dangerous dog must shall be
280 immediately confiscated by an animal control authority;, placed
281 in quarantine, if necessary, for the proper length of time;, or
282 impounded; and held for 10 business days after the owner is
283 given written notification under s. 767.12, and thereafter
284 destroyed in an expeditious and humane manner. This 10-day time
285 period shall allow The owner may to request a hearing under s.
286 767.12 during the 10 business days after such notification. The
287 owner is shall be responsible for payment of all boarding costs
288 and other fees as may be required to humanely and safely keep
289 the animal during any appeal procedure.
290 (2) If a dog that has previously been declared dangerous
291 attacks and causes severe injury to or death of any human, the
292 owner commits is guilty of a felony of the second third degree,
293 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
294 In addition, The dog must shall be immediately confiscated by an
295 animal control authority;, placed in quarantine, if necessary,
296 for the proper length of time; impounded; and or held for 10
297 business days after the owner is given written notification
298 under s. 767.12, and thereafter destroyed in an expeditious and
299 humane manner. This 10-day time period shall allow The owner may
300 to request a hearing under s. 767.12 during the 10 business days
301 after such notification. The owner is shall be responsible for
302 payment of all boarding costs and other fees as may be required
303 to humanely and safely keep the animal during any appeal
304 procedure.
305 Section 7. Section 767.135, Florida Statutes, is amended to
306 read:
307 767.135 Attack or bite by unclassified dog that causes
308 death; confiscation; destruction.—If a dog that has not been
309 declared dangerous attacks and causes the death of a human, the
310 dog must shall be immediately confiscated by an animal control
311 authority;, placed in quarantine, if necessary, for the proper
312 length of time; impounded; and or held for 10 business days
313 after the owner is given written notification under s. 767.12,
314 and thereafter destroyed in an expeditious and humane manner.
315 This 10-day time period shall allow The owner may to request a
316 hearing under s. 767.12 during the 10 business days after such
317 notification. If the owner files a written appeal under s.
318 767.12 or this section, the dog must be held and may not be
319 destroyed while the appeal is pending. The owner is responsible
320 for payment of all boarding costs and other fees as may be
321 required to humanely and safely keep the animal during any
322 appeal procedure.
323 Section 8. Subsection (1) of section 767.136, Florida
324 Statutes, is amended to read:
325 767.136 Attack or bite by unclassified dog that causes
326 severe injury or death; penalties.—
327 (1) If a dog that has not been declared dangerous attacks
328 and causes severe injury to, or the death of, a human, and the
329 owner of the dog had knowledge of the dog’s dangerous
330 propensities, yet demonstrated a reckless disregard for such
331 propensities under the circumstances, the owner of the dog
332 commits a misdemeanor of the first second degree, punishable as
333 provided in s. 775.082 or s. 775.083.
334 Section 9. This act shall take effect July 1, 2025.
335
336 ================= T I T L E A M E N D M E N T ================
337 And the title is amended as follows:
338 Delete everything before the enacting clause
339 and insert:
340 A bill to be entitled
341 An act relating to dangerous dogs; providing a short
342 title; amending s. 767.01, F.S.; requiring certain dog
343 owners to securely confine their dogs in a proper
344 enclosure; making technical changes; amending s.
345 767.10, F.S.; revising legislative findings relating
346 to dangerous dogs; reordering and amending s. 767.11,
347 F.S.; revising definitions; amending s. 767.12, F.S.;
348 requiring, rather than authorizing, that dogs subject
349 to certain dangerous dog investigations which have
350 killed or bitten a human being to a certain severity
351 be immediately confiscated, placed in quarantine if
352 necessary, impounded, and held; requiring, rather than
353 authorizing, that such dogs be held until the
354 completion of certain actions; authorizing dogs that
355 are the subject of multiple dangerous dog
356 investigations to be immediately confiscated, placed
357 in quarantine, impounded, and held; requiring that
358 certain dogs not impounded with the animal control
359 authority be confined in a proper enclosure by the
360 owner; requiring the owner of a dog subject to a
361 dangerous dog investigation to provide certain
362 information to an animal control authority; requiring
363 the owner of a dog classified as dangerous to obtain a
364 certificate of registration for the dog from a certain
365 animal control authority and renew the certification
366 annually; authorizing an animal control authority to
367 issue certain certificates of registration to certain
368 persons if certain conditions have been met, including
369 implantation of a microchip, spaying or neutering the
370 dog, and obtaining limited liability insurance;
371 requiring the owner of a dog classified as a dangerous
372 dog to obtain dangerous dog liability insurance
373 coverage and provide proof of such insurance to a
374 certain animal control authority; providing
375 requirements for such insurance; requiring and
376 authorizing an animal control authority to humanely
377 euthanize a dangerous dog under certain circumstances;
378 requiring an animal shelter, a humane organization, or
379 certain animal control agencies to provide specified
380 information to potential adopters; revising the
381 conditions under which an owner is authorized to
382 exercise a dangerous dog; revising the civil penalty
383 for violations; providing criminal penalties for
384 persons who resist or obstruct an animal control
385 authority; making technical changes; amending s.
386 767.13, F.S.; increasing a penalty for the owner of a
387 dog previously declared dangerous which attacks and
388 causes severe injury to or the death of any human;
389 making technical changes; conforming provisions to
390 changes made by the act; amending s. 767.135, F.S.;
391 making technical changes; conforming provisions to
392 changes made by the act; amending s. 767.136, F.S.;
393 increasing a penalty for the owner of a dog that
394 causes severe injury to, or the death of, a human;
395 providing an effective date.