Bill Text: FL S0334 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Severe Injuries Caused by Dogs
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-02-11 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 91 (Ch. 2016-16) [S0334 Detail]
Download: Florida-2016-S0334-Introduced.html
Bill Title: Severe Injuries Caused by Dogs
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-02-11 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 91 (Ch. 2016-16) [S0334 Detail]
Download: Florida-2016-S0334-Introduced.html
Florida Senate - 2016 SB 334 By Senator Montford 3-00397-16 2016334__ 1 A bill to be entitled 2 An act relating to severe injuries caused by dogs; 3 amending s. 767.13, F.S.; specifying circumstances 4 under which a dog that has caused severe injury to a 5 human may be returned to its owner rather than be 6 destroyed; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (2) of section 767.13, Florida 11 Statutes, is amended to read: 12 767.13 Attack or bite by dangerous dog; penalties; 13 confiscation; destruction.— 14 (2)(a) If a dog that has not been declared dangerous 15 attacks and causes severe injury to or death of any human, the 16 dog shall be immediately confiscated by an animal control 17 authority and,placed in quarantine, if necessary, for the 18 proper length of time or held for 10 business days after the 19 owner is given written notification under s. 767.12, and20thereafter destroyed in an expeditious and humane manner. This 21 10-day time period shall allow the owner to request a hearing 22 under s. 767.12. The owner isshall beresponsible for payment 23 of all boarding costs and other fees as may be required to 24 humanely and safely keep the animal during any appeal procedure. 25 (b) Unless the dog is returned to its owner under paragraph 26 (c), it shall be destroyed in an expeditious and humane manner. 27 (c) If the death of a human has not occurred and the owner 28 requests a hearing under s. 767.12, the hearing officer shall 29 consider whether the severe injury was sustained by a person 30 who, at the time, was unlawfully on the property or, while 31 lawfully on the property, was tormenting, abusing, or assaulting 32 the dog, its offspring, its owner, or a family member of the 33 owner, or if the dog was protecting or defending a human within 34 the immediate vicinity of the dog from an unjustified attack or 35 assault. If any one of these factors is found, in lieu of 36 ordering that the dog be destroyed under paragraph (b), the 37 hearing officer may declare that the dog is a dangerous dog and 38 impose the restrictions set forth in s. 767.12(2)-(4) and return 39 the dog to its owner, or order that the dog be returned to the 40 owner with no restrictions. 41 (d)In addition, ifThe owner of athedog described in 42 paragraph (a) who hashadprior knowledge of the dog’s dangerous 43 propensities, yet demonstratesdemonstrateda reckless disregard 44 for such propensities under the circumstances, commitsthe owner45of the dogis guilty ofa misdemeanor of the second degree, 46 punishable as provided in s. 775.082 or s. 775.083. 47 Section 2. This act shall take effect July 1, 2016.