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, and
   20  thereafter 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 is shall be responsible 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, if The owner of a the dog described in
   42  paragraph (a) who has had prior knowledge of the dog’s dangerous
   43  propensities, yet demonstrates demonstrated a reckless disregard
   44  for such propensities under the circumstances, commits the owner
   45  of the dog is guilty of a 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.