Florida Senate - 2016                              CS for SB 334
       
       
        
       By the Committee on Judiciary; and Senator Montford
       
       
       
       
       
       590-01777-16                                           2016334c1
    1                        A bill to be entitled                      
    2         An act relating to severe injuries caused by dogs;
    3         providing a directive to the Division of Law Revision
    4         and Information; amending s. 767.12, F.S.; providing
    5         for discretionary quarantine or impoundment of dogs
    6         that cause severe injuries to humans; specifying
    7         responsibility for payment of boarding and other
    8         costs; revising the hearing and final order
    9         procedures, and related confinement requirements, for
   10         dangerous dog actions; specifying circumstances under
   11         which a dangerous dog that has caused severe injury to
   12         a human may be euthanized; deleting an exception;
   13         transferring, renumbering, and amending s. 767.13(2),
   14         F.S.; revising a requirement for automatic euthanasia
   15         for certain dogs that cause severe injury to humans;
   16         deleting a criminal penalty related to severe injury
   17         or death caused by a dog; creating s. 767.136, F.S.;
   18         re-creating an existing criminal penalty related to
   19         severe injury or death caused by a dog in a new
   20         statutory section; amending s. 767.14, F.S.;
   21         authorizing local governments to adopt certain
   22         ordinances pertaining to dogs that have bitten or
   23         attacked persons or domestic animals; amending s.
   24         767.16, F.S.; exempting law enforcement dogs from
   25         regulation under Part II of ch. 767, F.S.; providing
   26         an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. The Division of Law Revision and Information is
   31  directed to designate ss. 767.01-767.07, Florida Statutes, as
   32  part I of chapter 767, Florida Statutes, entitled “Damage by
   33  Dogs,” and ss. 767.10-767.16, Florida Statutes, as part II of
   34  that chapter, entitled “Dangerous Dogs.”
   35         Section 2. Section 767.12, Florida Statutes, is amended to
   36  read:
   37         767.12 Classification of dogs as dangerous; certification
   38  of registration; notice and hearing requirements; confinement of
   39  animal; exemption; appeals; unlawful acts.—
   40         (1)(a) An animal control authority shall investigate
   41  reported incidents involving any dog that may be dangerous and
   42  shall, if possible, shall interview the owner and require a
   43  sworn affidavit from any person, including any animal control
   44  officer or enforcement officer, desiring to have a dog
   45  classified as dangerous.
   46         (a)An animal that is the subject of a dangerous dog
   47  investigation because of severe injury to a human may be
   48  immediately confiscated by an animal control authority and
   49  placed in quarantine, if necessary, for the proper length of
   50  time, or may be impounded and held pending the outcome of the
   51  investigation and any related hearings or appeals regarding the
   52  determination of a dangerous dog classification and the
   53  assessment of any penalty under this section. If the dog is to
   54  be destroyed, the dog may not be destroyed while an appeal is
   55  pending. The owner is responsible for payment of all boarding
   56  costs and other fees as required to humanely and safely keep the
   57  animal pending any hearing or appeal.
   58         (b)An Any animal that is the subject of a dangerous dog
   59  investigation which, that is not impounded with the animal
   60  control authority, must shall be humanely and safely confined by
   61  the owner in a securely fenced or enclosed area pending the
   62  outcome of the investigation and resolution of any hearings or
   63  appeals related to the dangerous dog classification and any
   64  penalty imposed under this section. The address at which of
   65  where the animal resides shall be provided to the animal control
   66  authority. A no dog that is the subject of a dangerous dog
   67  investigation may not be relocated and its or ownership may not
   68  be transferred pending the outcome of the an investigation and
   69  or any hearings or appeals related to the determination of a
   70  dangerous dog classification and any penalty imposed under this
   71  section. If in the event that a dog is to be destroyed, the dog
   72  may shall not be relocated and its or ownership may not be
   73  transferred.
   74         (2)(b) A dog may shall not be declared dangerous if:
   75         (a) The threat, injury, or damage was sustained by a person
   76  who, at the time, was unlawfully on the property or, who, while
   77  lawfully on the property, was tormenting, abusing, or assaulting
   78  the dog or its owner or a family member.
   79         (b)No dog may be declared dangerous if The dog was
   80  protecting or defending a human being within the immediate
   81  vicinity of the dog from an unjustified attack or assault.
   82         (3)(c) After the investigation, the animal control
   83  authority shall make an initial determination as to whether
   84  there is sufficient cause to classify the dog as dangerous and,
   85  if sufficient cause is found, as to the proposed requirements
   86  under subsection (5). The animal control authority shall afford
   87  the owner an opportunity for a hearing prior to making a final
   88  determination regarding the classification or requirement. The
   89  animal control authority shall provide written notification to
   90  the owner of the sufficient cause finding and proposed
   91  requirements, to the owner, by registered mail, certified hand
   92  delivery, or service in conformance with the provisions of
   93  chapter 48 relating to service of process. The owner may file a
   94  written request for a hearing regarding the dangerous dog
   95  classification or the proposed requirements, or both, within 7
   96  calendar days after from the date of receipt of the notification
   97  of the sufficient cause finding and proposed requirements. and,
   98  If the owner requests a hearing, it requested, the hearing shall
   99  be held as soon as possible, but not longer more than 21
  100  calendar days and not no sooner than 5 days after receipt of the
  101  request from the owner. If a hearing is not timely requested
  102  regarding the classification or proposed requirements, the
  103  determination by the animal control authority as to such issue
  104  shall become final. Each applicable local governing authority
  105  shall establish hearing procedures that conform to this
  106  subsection paragraph.
  107         (4)(d)Once a dog is classified as a dangerous dog, The
  108  animal control authority shall provide to the owner a written
  109  final order, notification to the owner by registered mail or,
  110  certified hand delivery or service, after a dangerous dog
  111  classification or requirement becomes final, after a hearing or
  112  by operation of law pursuant to subsection (3)., and The owner
  113  may file a written request for a hearing in the county court to
  114  appeal the classification or requirement, or both, by filing a
  115  written request for a hearing in the circuit court within 10
  116  business days after receipt of the final order. The owner a
  117  written determination of dangerous dog classification and must
  118  confine the dog in a securely fenced or enclosed area pending a
  119  resolution of the appeal. Each applicable local governing
  120  authority must establish appeal procedures that conform to this
  121  subsection paragraph.
  122         (5)(a) Except as otherwise provided in paragraph (b), the
  123  owner of a dog classified as a dangerous dog shall:
  124         1.(2) Within 14 days after the issuance of the final order
  125  classifying the dog as dangerous or the conclusion of any appeal
  126  that affirms the final order a dog has been classified as
  127  dangerous by the animal control authority or a dangerous dog
  128  classification is upheld by the county court on appeal, the
  129  owner of the dog must obtain a certificate of registration for
  130  the dog from the animal control authority serving the area in
  131  which he or she resides, and renew the certificate shall be
  132  renewed annually. Animal control authorities are authorized to
  133  issue such certificates of registration, and renewals thereof,
  134  only to persons who are at least 18 years of age and who present
  135  to the animal control authority sufficient evidence of:
  136         a.(a) A current certificate of rabies vaccination for the
  137  dog.
  138         b.(b) A proper enclosure to confine a dangerous dog and the
  139  posting of the premises with a clearly visible warning sign at
  140  all entry points which that informs both children and adults of
  141  the presence of a dangerous dog on the property.
  142         c.(c) Permanent identification of the dog, such as a tattoo
  143  on the inside thigh or electronic implantation.
  144  
  145  The appropriate governmental unit may impose an annual fee for
  146  the issuance of certificates of registration required by this
  147  section.
  148         2.(3) The owner shall Immediately notify the appropriate
  149  animal control authority when a dog that has been classified as
  150  dangerous:
  151         a.(a) Is loose or unconfined.
  152         b.(b) Has bitten a human being or attacked another animal.
  153         c.(c) Is sold, given away, or dies.
  154         d.(d) Is moved to another address.
  155  
  156  Prior to a dangerous dog being sold or given away, the owner
  157  shall provide the name, address, and telephone number of the new
  158  owner to the animal control authority. The new owner must comply
  159  with all of the requirements of this section act and
  160  implementing local ordinances, even if the animal is moved from
  161  one local jurisdiction to another within the state. The animal
  162  control officer must be notified by the owner of a dog
  163  classified as dangerous that the dog is in his or her
  164  jurisdiction.
  165         3.(4)Not It is unlawful for the owner of a dangerous dog
  166  to permit the dog to be outside a proper enclosure unless the
  167  dog is muzzled and restrained by a substantial chain or leash
  168  and under control of a competent person. The muzzle must be made
  169  in a manner that will not cause injury to the dog or interfere
  170  with its vision or respiration but will prevent it from biting a
  171  any person or animal. The owner may exercise the dog in a
  172  securely fenced or enclosed area that does not have a top,
  173  without a muzzle or leash, if the dog remains within his or her
  174  sight and only members of the immediate household or persons 18
  175  years of age or older are allowed in the enclosure when the dog
  176  is present. When being transported, such dogs must be safely and
  177  securely restrained within a vehicle.
  178         (b)If a dog is classified as a dangerous dog as the result
  179  of an incident that causes severe injury to a human being, based
  180  upon the nature and circumstances of the injury and the
  181  likelihood of a future threat to the public safety, health, and
  182  welfare, the dog may be destroyed in an expeditious and humane
  183  manner.
  184         (6)(5) Hunting dogs are exempt from the provisions of this
  185  section act when engaged in any legal hunt or training
  186  procedure. Dogs engaged in training or exhibiting in legal
  187  sports such as obedience trials, conformation shows, field
  188  trials, hunting/retrieving trials, and herding trials are exempt
  189  from the provisions of this section act when engaged in any
  190  legal procedures. However, such dogs at all other times in all
  191  other respects shall be subject to this and local laws. Dogs
  192  that have been classified as dangerous may shall not be used for
  193  hunting purposes.
  194         (6) This section does not apply to dogs used by law
  195  enforcement officials for law enforcement work.
  196         (7) A Any person who violates any provision of this section
  197  commits is guilty of a noncriminal infraction, punishable by a
  198  fine not to exceed exceeding $500.
  199         Section 3. Subsection (2) of section 767.13, Florida
  200  Statutes, is transferred, renumbered as section 767.135, Florida
  201  Statutes, and amended, to read:
  202         767.135 767.13 Attack or bite by unclassified dangerous dog
  203  that causes death; penalties; confiscation; destruction.—
  204         (2) If a dog that has not been declared dangerous attacks
  205  and causes the severe injury to or death of a any human, the dog
  206  shall be immediately confiscated by an animal control authority,
  207  placed in quarantine, if necessary, for the proper length of
  208  time, or held for 10 business days after the owner is given
  209  written notification under s. 767.12, and thereafter destroyed
  210  in an expeditious and humane manner. This 10-day time period
  211  shall allow the owner to request a hearing under s. 767.12. If
  212  the owner files a written appeal under s. 767.12 or this
  213  section, the dog must be held and may not be destroyed while the
  214  appeal is pending. The owner is shall be responsible for payment
  215  of all boarding costs and other fees as may be required to
  216  humanely and safely keep the animal during any appeal procedure.
  217  In addition, if the owner of the dog had prior knowledge of the
  218  dog’s dangerous propensities, yet demonstrated a reckless
  219  disregard for such propensities under the circumstances, the
  220  owner of the dog is guilty of a misdemeanor of the second
  221  degree, punishable as provided in s. 775.082 or s. 775.083.
  222         Section 4. Section 767.136, Florida Statutes, is created to
  223  read:
  224         767.136 Attack or bite by unclassified dog that causes
  225  severe injury or death; penalties.—
  226         (1) If a dog that has not been declared dangerous attacks
  227  and causes severe injury to, or the death of, a human, and the
  228  owner of the dog had knowledge of the dog’s dangerous
  229  propensities but demonstrated a reckless disregard for those
  230  propensities under the circumstances, he or she commits a
  231  misdemeanor of the second degree, punishable as provided in s.
  232  775.082 or s. 775.083.
  233         (2) If the dog attacks or bites a person who is engaged in
  234  or attempting to engage in a criminal activity at the time of
  235  the attack, the owner of the dog is not criminally liable under
  236  this section.
  237         Section 5. Section 767.14, Florida Statutes, is amended to
  238  read:
  239         767.14 Additional local restrictions authorized.—Nothing in
  240  This act does not shall limit any local government from adopting
  241  an ordinance to address the safety and welfare concerns caused
  242  by attacks on persons or domestic animals, placing further
  243  restrictions or additional requirements on owners of dangerous
  244  dogs that have bitten or attacked persons or domestic animals,
  245  or developing procedures and criteria for the implementation of
  246  this act, provided that no such regulation is specific to breed
  247  and that the provisions of this act are not lessened by such
  248  additional regulations or requirements. This section does shall
  249  not apply to any local ordinance adopted prior to October 1,
  250  1990.
  251         Section 6. Section 767.16, Florida Statutes, is amended to
  252  read:
  253         767.16 Bite by a Police or service dog; exemption from
  254  quarantine.—
  255         (1) Any dog that is owned, or the service of which is
  256  employed, by a law enforcement agency, is exempt from this part.
  257         (2)or Any dog that is used as a service dog for blind,
  258  hearing impaired, or disabled persons, and that bites another
  259  animal or a human is exempt from any quarantine requirement
  260  following such bite if the dog has a current rabies vaccination
  261  that was administered by a licensed veterinarian.
  262         Section 7. This act shall take effect upon becoming a law.
  263