Bill Text: FL S1156 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dangerous Dogs
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Judiciary [S1156 Detail]
Download: Florida-2024-S1156-Introduced.html
Bill Title: Dangerous Dogs
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Judiciary [S1156 Detail]
Download: Florida-2024-S1156-Introduced.html
Florida Senate - 2024 SB 1156 By Senator Collins 14-00474-24 20241156__ 1 A bill to be entitled 2 An act relating to dangerous dogs; amending s. 767.01, 3 F.S.; requiring certain dog owners to securely confine 4 their dogs in a proper enclosure; amending s. 767.10, 5 F.S.; revising legislative findings relating to 6 dangerous dogs; reordering and amending s. 767.11, 7 F.S.; defining the term “department”; 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 the dog be held until the completion 13 of certain actions; requiring that certain dogs not 14 impounded be confined in a proper enclosure by the 15 owner; requiring animal control authorities to provide 16 certain information to the Department of Agriculture 17 and Consumer Services and to destroy certain dogs; 18 revising the information that the owner of a dog 19 classified as a dangerous dog is required to provide 20 to an animal control authority; requiring such owner 21 to obtain liability insurance coverage for a dog 22 classified as a dangerous dog; providing requirements 23 for such insurance; deleting an exemption for certain 24 hunting dogs; revising the civil penalty for 25 violations; creating s. 767.125, F.S.; requiring the 26 department to create and maintain a statewide 27 Dangerous Dog Registry; providing the purpose of the 28 registry; requiring animal control authorities to 29 provide the department with certain information; 30 requiring the department to adopt rules; amending ss. 31 767.13 and 767.135, F.S.; making technical changes; 32 conforming provisions to changes made by the act; 33 amending s. 767.136, F.S.; revising the circumstances 34 under which the owner of a dog that has not been 35 declared dangerous is liable for such dog’s severe 36 injury to, or the death of, a human; amending s. 37 767.16, F.S.; providing that police canines are only 38 exempt from certain provisions while on duty; 39 providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 767.01, Florida Statutes, is amended to 44 read: 45 767.01 Dog owner’s liability for damages to persons, 46 domestic animals, or livestock.— 47 (1) A dog owner isOwners of dogsshall beliable for any 48 damage done by the owner’s dogtheirdogsto a person or to any 49 animal included in the definitions of “domestic animal” and 50 “livestock” as provided by s. 585.01. 51 (2) If a dog owner has knowledge of the dog’s dangerous 52 propensities, the owner must securely confine the dog in a 53 proper enclosure as defined in s. 767.11. 54 Section 2. Section 767.10, Florida Statutes, is amended to 55 read: 56 767.10 Legislative findings.—The Legislature finds that 57 dangerous dogs are an increasingly serious and widespread threat 58 to the safety and welfare of the people of this state because of 59 unprovoked attacks which cause injury to persons and domestic 60 animals; that such attacks are in part attributable to the 61 failure of owners to confine and properly train and control 62 their dogs; that existing laws inadequately address this growing 63 problem; and that it is appropriate and necessary to impose 64 uniform requirements for the owners of dogs and dangerous dogs. 65 Section 3. Section 767.11, Florida Statutes, is reordered 66 and amended to read: 67 767.11 Definitions.—As used in this partact, unless the 68 context clearly requires otherwise: 69 (3)(1)“Dangerous dog” means aanydog that according to 70 the records of the appropriate authority: 71 (a) Has aggressively bitten, attacked, or endangered or has 72 inflicted severe injury on a human being on public or private 73 property; 74 (b) Has more than once severely injured or killed a 75 domestic animal while off the owner’s property; or 76 (c) Has, when unprovoked, chased or approached a person 77 upon the streets, sidewalks, or any public grounds in a menacing 78 fashion or apparent attitude of attack, provided that such 79 actions are attested to in a sworn statement by one or more 80 persons and dutifully investigated by the appropriate authority. 81 (4) “Department” means the Department of Agriculture and 82 Consumer Services. 83 (8)(2)“Unprovoked” means that the victim who has been 84 conducting himself or herself peacefully and lawfully has been 85 bitten or chased in a menacing fashion or attacked by a dog. 86 (7)(3)“Severe injury” means any physical injury that 87 results in broken bones, multiple bites, or disfiguring 88 lacerations requiring sutures or reconstructive surgery. 89 (6)(4)“Proper enclosureof a dangerous dog” means, while 90 on the owner’s property, adangerousdog is securely confined: 91 (a) Indoors; 92 (b) In a locked, fenced yard, suitable to prevent the entry 93 of young children and designed to prevent the dog from escaping 94 over, under, or through the fence; or 95 (c) In a securely enclosed and locked pen or structure, 96 suitable to prevent the entry of young children and designed to 97 prevent the doganimalfrom escaping. TheSuchpen or structure 98 mustshallhave secure sides and a secure top to prevent the dog 99 from escaping over, under, or through the structure and must 100shallalso provide protection from the elements. 101 (1)(5)“Animal control authority” means an entity acting 102 alone or in concert with other local governmental units and 103 authorized by them to enforce the animal control laws of the 104 city, county, or state. In those areas not served by an animal 105 control authority, the sheriff shall carry out the duties of the 106 animal control authority under this partact. 107 (2)(6)“Animal control officer” means any individual 108 employed, contracted with, or appointed by the animal control 109 authority for the purpose of aiding in the enforcement of this 110 partactor any other law or ordinance relating to the licensure 111 of animals, control of animals, or seizure and impoundment of 112 animals and includes any state or local law enforcement officer 113 or other employee whose duties in whole or in part include 114 assignments that involve the seizure and impoundment of anany115 animal. 116 (5)(7)“Owner” means aanyperson, a firm, a corporation, 117 or an organization possessing, harboring, keeping, or having 118 control or custody of an animal or, if the animal is owned by a 119 personunder the age of18 years of age or younger, that 120 person’s parent or guardian. 121 Section 4. Section 767.12, Florida Statutes, is amended to 122 read: 123 767.12 Classification of dogs as dangerous; owner 124 requirements; penaltycertification of registration; notice and125hearing requirements; confinement of animal; exemption; appeals;126unlawful acts.— 127 (1) An animal control authority shall investigate reported 128 incidents involving any dog that may be dangerous and, if 129 possible, shall interview the owner and require a sworn 130 affidavit from any person, including any animal control officer 131 or enforcement officer, desiring to have a dog classified as 132 dangerous. 133 (a) An animal that is the subject of a dangerous dog 134 investigation for behavior described in s. 767.11(3)(a) or (c) 135 mustbecause of severe injury to a human being maybe 136 immediately confiscated by an animal control authority;,placed 137 in quarantine, if necessary, for the proper length of time;,or138 impounded; and held. The animal mustmaybe held pending the 139 outcome of the investigation and any hearings or appeals related 140 to the dangerous dog classification or any penalty imposed under 141 this section. If the dog is to be destroyed, the dog may not be 142 destroyed while an appeal is pending. The owner is responsible 143 for payment of all boarding costs and other fees as may be 144 required to humanely and safely keep the animal pending any 145 hearing or appeal, unless it is determined that the dog is not 146 dangerous. 147 (b) An animal that is the subject of a dangerous dog 148 investigation for behavior described in s. 767.11(3)(b) may be 149 immediately confiscated by an animal control authority; placed 150 in quarantine, if necessary, for the proper length of time; or 151 impounded and held. An animal thatwhichis not impounded with 152 the animal control authority must behumanely and safely153 confined by the owner in a proper enclosuresecurely fenced or154enclosed area. The animal shall be confined in such manner155 pending the outcome of the investigation and the resolution of 156 any hearings or appeals related to the dangerous dog 157 classification or any penalty imposed under this section. The 158 owner shall provide the address at which the animal resides 159shall be providedto the animal control authority. A dog that is 160 the subject of a dangerous dog investigation may not be 161 relocated or have its ownership transferred pending the outcome 162 of the investigation and any hearings or appeals related to the 163 dangerous dog classification or any penalty imposed under this 164 section. If a dog is to be destroyed, the dog may not be 165 relocated or have its ownership transferred. 166 (2) A dog may not be declared dangerous if either of the 167 following apply: 168 (a) The threat, injury, or damage was sustained by a person 169 who, at the time, was unlawfully on the property or who, while 170 lawfully on the property, was tormenting, abusing, or assaulting 171 the dog or its owner or a family member. 172 (b) The dog was protecting or defending a human being 173 within the immediate vicinity of the dog from an unjustified 174 attack or assault. 175 (3) After the investigation, the animal control authority 176 shall make an initial determination as to whether there is 177 sufficient cause to classify the dog as dangerous and, if 178 sufficient cause is found, as to the appropriate penaltyunder179subsection (5). The animal control authority shall afford the 180 owner an opportunity for a hearing beforeprior tomaking a 181 final determination regarding the classification or penalty. The 182 animal control authority shall provide written notification of 183 the sufficient cause finding and proposed penalty to the owner 184 by registered mail or,certified hand delivery,or service in 185 conformance withthe provisions ofchapter 48 relating to 186 service of process. The owner may file a written request for a 187 hearing regarding the dangerous dog classification, penalty, or 188 both, within 7 calendar days after receipt of the notification 189 of the sufficient cause finding and proposed penalty. If the 190 owner requests a hearing, the hearing mustshallbe held as soon 191 as possible, but not later than 21 calendar days and not sooner 192 than 5 days after receipt of the request from the owner. If a 193 hearing is not timely requested regarding the dangerous dog 194 classification or proposed penalty, the determination of the 195 animal control authority as to such matter isshall become196 final. Each applicable local governing authority shall establish 197 hearing procedures that conform to this subsection. 198 (4) Upon a dangerous dog classification and penalty 199 becoming final after a hearing or by operation of law pursuant 200 to subsection (3), the animal control authority shall do all of 201 the following: 202 (a) Provide a written final order to the owner by 203 registered mail or,certified hand delivery or service. The 204 owner may appeal the classification or,penalty, or both, to the 205 circuit court in accordance with the Florida Rules of Appellate 206 Procedure after receipt of the final order. If the dog is not 207 held by the animal control authority, the owner must confine the 208 dog in a proper enclosuresecurely fenced or enclosed area209 pending resolution of the appeal. Each applicable local 210 governing authority must establish appeal procedures that 211 conform to this paragraphsubsection. 212 (b) Provide the information required by s. 767.125(2) to 213 the department for the dangerous dog’s inclusion in the 214 statewide Dangerous Dog Registry. 215 (c) If the dog is classified as a dangerous dog due to an 216 incident that caused severe injury to a human being, destroy the 217 dog in an expeditious and humane manner. 218 (5)(a)Except as otherwise provided in paragraph (4)(c) 219(b), the owner of a dog classified as a dangerous dog shall do 220 all of the following: 221 (a)1.UponWithin 14 days afterissuance of the final order 222 classifying the dog as dangerous or the conclusion of any appeal 223 that affirms such final order, obtain a certificate of 224 registration for the dog from the animal control authority 225 serving the area in which he or she resides, and renew the 226 certificate annually. Animal control authorities mayare227authorized toissue such certificates of registration, and 228 renewals thereof, only to persons who are at least 18 years of 229 age and who present to the animal control authority sufficient 230 evidence of all of the following: 231 1.a.A current certificate of rabies vaccination for the 232 dog. 233 2.b.A proper enclosure to confine theadangerous dog and 234 the posting of the premises with a clearly visible warning sign 235 at all entry points which informs both children and adults of 236 the presence of a dangerous dog on the property. 237 3.c.Permanent identification of the dog, such as a tattoo 238 on the inside thigh or anelectronicimplantation of a 239 microchip. 240 4. The dog having been spayed or neutered. 241 5. Liability insurance as required by paragraph (b). 242 243 The appropriate governmental unit may impose an annual fee for 244 the issuance of certificates of registration required by this 245 section. 246 (b) Upon issuance of the final order classifying the dog as 247 dangerous or the conclusion of any appeal that affirms such 248 final order, obtain liability insurance coverage in an amount of 249 at least $100,000 to cover damages resulting from an attack by 250 the dangerous dog causing bodily injury to a person and provide 251 proof of the required liability insurance coverage to the animal 252 control authority for the area in which the dog is kept. 253 (c)2.Immediately notify the appropriate animal control 254 authority when the dog: 255 1.a.Is loose or unconfined;.256 2.b.Has bitten a human being or attacked another animal;.257 3.c.Is sold, given away, or dies; or.258 4.d.Is moved to another address. 259 (d) Before selling or giving away theadangerous dogis260sold or given away,the owner shallprovide the name, address, 261 and telephone number of the new owner to the animal control 262 authority. The new owner must comply withall of the263requirements ofthis section and any implementing local 264 ordinances, even if the animal is moved from one local 265 jurisdiction to another within thisthestate. The animal 266 control officer must be notified by the owner of a dog 267 classified as dangerous that the dog is in his or her 268 jurisdiction. 269 (e)3.Not allowpermitthe dog to be outside a proper 270 enclosure unless the dog is muzzled and restrained by a 271 substantial chain or leash and under control of a competent 272 person. The muzzle must be made in a manner that will not cause 273 injury to the dog or interfere with its vision or respiration 274 but will prevent it from biting a person or an animal. The owner 275 may exercise the dog on the owner’s property in a proper 276 enclosuresecurely fenced orenclosed areathat does not have a277top,without a muzzle or leash,if the dog remains within the 278 owner’shis or hersight and only members of the immediate 279 household or persons 18 years of age or older, if applicable, 280 are allowed in the enclosure when the dog is present. When being 281 transported, such dogs must be safely and securely restrained 282 within a vehicle. 283(b) Ifa dog is classified as a dangerous dog due to an284incident that causes severe injury to a human being, based upon285the nature and circumstances of the injury and the likelihood of286a future threat to the public safety, health, and welfare, the287dog may be destroyed in an expeditious and humane manner. 288 (6)Hunting dogs are exempt from this section when engaged289in any legal hunt or training procedure. Dogs engaged in290training or exhibiting in legal sports such as obedience trials,291conformation shows, field trials, hunting/retrieving trials, and292herding trials are exempt from this section when engaged in any293legal procedures. However, such dogs at all other times in all294other respects are subject to this and local laws.Dogs that 295 have been classified as dangerous may not be used for hunting 296 purposes. 297 (7) A person who violatesany provision ofthis section 298 commits a noncriminal infraction, punishable by a fine not to 299 exceed $1,000 per violation$500. 300 Section 5. Section 767.125, Florida Statutes, is created to 301 read: 302 767.125 Statewide Dangerous Dog Registry.— 303 (1) The department shall create and maintain a statewide 304 Dangerous Dog Registry that provides the public with a 305 searchable online database of dogs throughout this state which 306 have been declared dangerous by local authorities. 307 (2) Each animal control authority shall, at a minimum, 308 report all of the following information regarding a dangerous 309 dog within its jurisdiction to the department for inclusion in 310 the registry: 311 (a) A current certificate of rabies vaccination for the 312 dog. 313 (b) Evidence of a proper enclosure within which the 314 dangerous dog will be confined and of the posting of the 315 premises with a clearly visible warning sign at all entry points 316 which informs both children and adults of the presence of a 317 dangerous dog on the property. 318 (c) Evidence of permanent identification of the dog, such 319 as a tattoo on the inside thigh or an implantation of a 320 microchip. 321 (d) Evidence of the dog having been spayed or neutered. 322 (e) Evidence that the owner has obtained the required 323 liability insurance. 324 (f) The dog’s name and a photograph of the dog. 325 (g) The county in which the dog is located. 326 (h) The owner’s name and address. 327 (3) The department shall adopt rules to administer this 328 section. 329 Section 6. Subsections (1) and (2) of section 767.13, 330 Florida Statutes, are amended to read: 331 767.13 Attack or bite by dangerous dog; penalties; 332 confiscation; destruction.— 333 (1) If a dog that has previously been declared dangerous 334 attacks or bites a person or a domestic animal without 335 provocation, the owner commitsis guilty ofa misdemeanor of the 336 first degree, punishable as provided in s. 775.082 or s. 337 775.083.In addition,The dangerous dog mustshallbe 338 immediately confiscated by an animal control authority;,placed 339 in quarantine, if necessary, for the proper length of time;,or340 impounded; and held for 10 business days after the owner is 341 given written notification under s. 767.12, and thereafter 342 destroyed in an expeditious and humane manner.This 10-day time343period shall allowThe owner maytorequest a hearing under s. 344 767.12 during the 10-day time period. The owner isshall be345 responsible for payment of all boarding costs and other fees as 346 may be required to humanely and safely keep the animal during 347 any appeal procedure. 348 (2) If a dog that has previously been declared dangerous 349 attacks and causes severe injury to or death of any human, the 350 owner commitsis guilty ofa felony of the third degree, 351 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 352In addition,The dog mustshallbe immediately confiscated by an 353 animal control authority;,placed in quarantine, if necessary, 354 for the proper length of time; impounded; andorheld for 10 355 business days after the owner is given written notification 356 under s. 767.12, and thereafter destroyed in an expeditious and 357 humane manner.This 10-day time period shall allowThe owner may 358torequest a hearing under s. 767.12 during the 10-day time 359 period. The owner isshall beresponsible for payment of all 360 boarding costs and other fees as may be required to humanely and 361 safely keep the animal during any appeal procedure. 362 Section 7. Section 767.135, Florida Statutes, is amended to 363 read: 364 767.135 Attack or bite by unclassified dog that causes 365 death; confiscation; destruction.—If a dog that has not been 366 declared dangerous attacks and causes the death of a human, the 367 dog mustshallbe immediately confiscated by an animal control 368 authority;,placed in quarantine, if necessary, for the proper 369 length of time; impounded; andorheld for 10 business days 370 after the owner is given written notification under s. 767.12, 371 and thereafter destroyed in an expeditious and humane manner. 372This 10-day time period shall allowThe owner maytorequest a 373 hearing under s. 767.12 during the 10-day time period. If the 374 owner files a written appeal under s. 767.12 or this section, 375 the dog must be held and may not be destroyed while the appeal 376 is pending. The owner is responsible for payment of all boarding 377 costs and other fees as may be required to humanely and safely 378 keep the animal during any appeal procedure. 379 Section 8. Subsection (1) of section 767.136, Florida 380 Statutes, is amended to read: 381 767.136 Attack or bite by unclassified dog that causes 382 severe injury or death; penalties.— 383 (1) If a dog that has not been declared dangerous attacks 384 and causes severe injury to, or the death of, a human, and the 385 owner of the dog had knowledge of the dog’s dangerous 386 propensities, yet failed to secure the dog in a proper enclosure 387 pursuant to s. 767.01(2)demonstrated a reckless disregard for388such propensities under the circumstances, the owner of the dog 389 commits a misdemeanor of the second degree, punishable as 390 provided in s. 775.082 or s. 775.083. 391 Section 9. Subsection (1) of section 767.16, Florida 392 Statutes, is amended to read: 393 767.16 Police canine or service dog; exemption.— 394 (1) Any canine that is owned, or the service of which is 395 employed, by a law enforcement agency,is exempt from this part 396 while the canine is on duty. 397 Section 10. This act shall take effect July 1, 2024.