Senate Bill sb2058

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    Florida Senate - 2001                                  SB 2058

    By Senator Sebesta





    20-1336-01

  1                      A bill to be entitled

  2         An act relating to dangerous dogs; amending s.

  3         767.12, F.S.; revising provisions relating to

  4         procedures for having dogs declared dangerous;

  5         authorizing animal control authorities to make

  6         such declarations; providing for evidentiary

  7         hearings; requiring confinement of animals

  8         during the hearing process; requiring owners of

  9         dangerous dogs to purchase an annual

10         certificate; providing for local governments to

11         authorize certain regulations; providing that

12         certain dogs brought into a jurisdiction to

13         register and must comply with the act; amending

14         s. 767.13, F.S.; requiring owners to pay for

15         boarding during certain hearings and appeals

16         and allowing the authority to euthanize an

17         animal and obtain reimbursement from the owner

18         under specified circumstances; amending s.

19         767.14, F.S.; deleting an application

20         exemption; providing an effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Section 767.12, Florida Statutes, is

25  amended to read:

26         767.12  Classification of dogs as dangerous;

27  certification of registration; notice and hearing

28  requirements; confinement of animal; exemption; appeals;

29  unlawful acts.--

30         (1)(a)  An animal control authority shall investigate

31  reported incidents involving any dog that may be dangerous and

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  1  shall, if possible, interview the owner and require a sworn

  2  affidavit from any person, including any animal control

  3  officer or enforcement officer, desiring to have a dog

  4  classified as dangerous. Any animal that is the subject of a

  5  dangerous dog investigation, that is not impounded with the

  6  animal control authority, shall be humanely and safely

  7  confined by the owner in a securely fenced or enclosed area

  8  pending the outcome of the investigation and resolution of any

  9  hearings related to the dangerous dog classification. The

10  address of where the animal resides shall be provided to the

11  animal control authority. No dog that is the subject of a

12  dangerous dog investigation may be relocated or ownership

13  transferred pending the outcome of an investigation or any

14  hearings related to the determination of a dangerous dog

15  classification. In the event that a dog is to be destroyed,

16  the dog shall not be relocated or ownership transferred.

17         (b)  A dog shall not be declared dangerous if the

18  threat, injury, or damage was sustained by a person who, at

19  the time, was unlawfully on the property or, while lawfully on

20  the property, was tormenting, abusing, or assaulting the dog

21  or its owner or a family member. No dog may be declared

22  dangerous if the dog was protecting or defending a human being

23  within the immediate vicinity of the dog from an unjustified

24  attack or assault.

25         (c)  After the investigation, the animal control

26  authority shall review data collected during the

27  investigation, shall make an initial determination as to

28  whether there is sufficient cause to classify the dog as

29  dangerous, and may make and shall afford the owner an

30  opportunity for a hearing prior to making a final

31  determination declaring the dog dangerous. The animal control

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    Florida Senate - 2001                                  SB 2058
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  1  authority shall provide written notification of the

  2  sufficient-cause sufficient cause finding, to the owner, by

  3  certified registered mail, certified hand delivery, or service

  4  in conformance with the provisions of chapter 48 relating to

  5  service of process. The owner may file a written request for

  6  an evidentiary a hearing in county court or an administrative

  7  hearing, as determined by local ordinance, to challenge the

  8  sufficient-cause finding within 7 calendar days after from the

  9  date of receipt of the notification of the sufficient-cause

10  sufficient cause finding. A and, if requested, the hearing

11  shall be held as soon as possible, but not more than 21

12  calendar days, or as soon thereafter as is practical, and no

13  sooner than 5 days after receipt of the request from the

14  owner. If the owner does not request a hearing within the

15  7-day period, the dog shall automatically be declared

16  dangerous without further action. Each applicable local

17  governing authority shall establish hearing procedures that

18  conform to this paragraph.

19         (d)  Upon receipt of notice of the finding of

20  sufficient cause, the owner Once a dog is classified as a

21  dangerous dog, the animal control authority shall provide

22  written notification to the owner by registered mail,

23  certified hand delivery or service, and the owner may file a

24  written request for a hearing in the county court to appeal

25  the classification within 10 business days after receipt of a

26  written determination of dangerous dog classification and must

27  confine the dog in a securely fenced or enclosed area pending

28  a resolution of the matter appeal. The animal control

29  authority may not impose any restrictions upon a dog that has

30  not yet been classified as dangerous, except for confinement

31  or impoundment of the animal and for prohibiting the

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  1  relocation or transfer of ownership of the animal. Each

  2  applicable local governing authority must establish appeal

  3  procedures that conform to this paragraph.

  4         (2)  Within 14 days after a dog has been classified as

  5  dangerous by the animal control authority or the findings have

  6  been a dangerous dog classification is upheld by the county

  7  court on appeal, the owner of the dog must obtain a

  8  certificate of registration for the dog from the animal

  9  control authority in serving the area in which he or she

10  resides, which and the certificate must shall be renewed

11  annually. Animal control authorities are authorized to issue

12  such Certificates of registration, and renewals thereof, may

13  be issued only to persons who are at least 18 years of age and

14  who present to the animal control authority sufficient

15  evidence of:

16         (a)  A current certificate of rabies vaccination for

17  the dog.

18         (b)  A proper enclosure in which to confine the a

19  dangerous dog and the posting of the premises with a clearly

20  visible warning sign at all entry points that informs both

21  children and adults that of the presence of a dangerous dog is

22  on the property.

23         (c)  Permanent identification of the dog, such as a

24  tattoo on the inside thigh or electronic implantation.

25

26  The appropriate local governmental unit may impose an annual

27  fee for the issuance of certificates of registration and may

28  impose more stringent requirements that it considers

29  appropriate required by this section.

30

31

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    Florida Senate - 2001                                  SB 2058
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  1         (3)  The owner shall immediately notify the appropriate

  2  animal control authority when a dog that has been classified

  3  as dangerous:

  4         (a)  Is loose or unconfined.

  5         (b)  Has bitten a human being or attacked another

  6  animal.

  7         (c)  Is sold, given away, or dies.

  8         (d)  Is moved to another address.

  9

10  Before Prior to a dangerous dog is being sold or given away,

11  the owner must shall provide the name, address, and telephone

12  number of the new owner to the animal control authority. The

13  new owner must comply with all of the requirements of this act

14  and applicable implementing local ordinances, even if the

15  animal is moved from one local jurisdiction to another within

16  the state. The owner of an animal that is brought into this

17  state from another state where it was subjected to

18  restrictions similar to this section must comply with this

19  section. The local animal control authority officer must be

20  notified by the owner of a dog classified as dangerous or

21  subject to similar restrictions in another state that the dog

22  is in its his or her jurisdiction.

23         (4)  It is unlawful for the owner of a dangerous dog to

24  permit the dog to be outside a proper enclosure unless the dog

25  is muzzled, and restrained by a substantial chain or leash,

26  and under control of a competent person.  The muzzle must be

27  made in a manner that will not cause injury to the dog or

28  interfere with its vision or respiration but will prevent it

29  from biting any person or animal.  The owner may exercise the

30  dog in a securely fenced or enclosed area that does not have a

31  top, without a muzzle or leash, if the dog remains within his

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    Florida Senate - 2001                                  SB 2058
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  1  or her sight. and Only members of the immediate household who

  2  are or persons 18 years of age or older are allowed in the

  3  enclosure when the dog is present.  When being transported,

  4  such dogs must be safely and securely restrained within a

  5  vehicle.

  6         (5)  Hunting dogs are exempt from the provisions of

  7  this act when engaged in any legal hunt or training procedure.

  8  Dogs engaged in training or exhibiting in legal sports such as

  9  obedience trials, conformation shows, field trials,

10  hunting/retrieving trials, and herding trials are exempt from

11  the provisions of this act when engaged in any legal

12  procedures. However, such dogs at all other times in all other

13  respects are shall be subject to this and local laws.  Dogs

14  that have been classified as dangerous may shall not be used

15  for hunting purposes.

16         (6)  This section does not apply to dogs used by law

17  enforcement officials for law enforcement work.

18         (7)  Any person who violates any provision of this

19  section is guilty of a noncriminal infraction, punishable by a

20  fine not exceeding $500.

21         Section 2.  Section 767.13, Florida Statutes, is

22  amended to read:

23         767.13  Attack or bite by dangerous dog; penalties;

24  confiscation; destruction.--

25         (1)  If a dog that has previously been declared

26  dangerous attacks or bites a person or a domestic animal

27  without provocation, the owner is guilty of a misdemeanor of

28  the first degree, punishable as provided in s. 775.082 or s.

29  775.083. In addition, the dangerous dog shall be immediately

30  confiscated by an animal control authority, placed in

31  quarantine, if necessary, for the proper length of time, or

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    Florida Senate - 2001                                  SB 2058
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  1  impounded and held for 10 business days after the owner is

  2  given written notification under s. 767.12, and thereafter

  3  destroyed in an expeditious and humane manner. This 10-day

  4  time period shall allow the owner to request a hearing under

  5  s. 767.12. The owner shall be responsible for payment of all

  6  boarding costs and other fees as may be required to humanely

  7  and safely keep the animal during any hearing process or

  8  appeal procedure. If an owner does not pay any required

  9  boarding costs, the animal control authority may euthanize the

10  dog and obtain reimbursement from the owner.

11         (2)  If a dog that has not been declared dangerous

12  attacks and causes severe injury to or death of any human, the

13  dog shall be immediately confiscated by an animal control

14  authority, placed in quarantine, if necessary, for the proper

15  length of time or held for 10 business days after the owner is

16  given written notification under s. 767.12, and thereafter

17  destroyed in an expeditious and humane manner. This 10-day

18  time period shall allow the owner to request a hearing under

19  s. 767.12. The owner shall be responsible for payment of all

20  boarding costs and other fees as may be required to humanely

21  and safely keep the animal during any hearing process or

22  appeal procedure. If an owner does not pay any required

23  boarding costs, the animal control authority may euthanize the

24  animal and obtain reimbursement from the owner. In addition,

25  if the owner of the dog had prior knowledge of the dog's

26  dangerous propensities, yet demonstrated a reckless disregard

27  for such propensities under the circumstances, the owner of

28  the dog is guilty of a misdemeanor of the second degree,

29  punishable as provided in s. 775.082 or s. 775.083.

30         (3)  If a dog that has previously been declared

31  dangerous attacks and causes severe injury to or death of any

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  1  human, the owner is guilty of a felony of the third degree,

  2  punishable as provided in s. 775.082, s. 775.083, or s.

  3  775.084. In addition, the dog shall be immediately confiscated

  4  by an animal control authority, placed in quarantine, if

  5  necessary, for the proper length of time or held for 10

  6  business days after the owner is given written notification

  7  under s. 767.12, and thereafter destroyed in an expeditious

  8  and humane manner. This 10-day time period shall allow the

  9  owner to request a hearing under s. 767.12. The owner shall be

10  responsible for payment of all boarding costs and other fees

11  as may be required to humanely and safely keep the animal

12  during any appeal procedure. If the owner does not pay any

13  required boarding costs, the animal control authority may

14  euthanize the animal and obtain reimbursement from the owner.

15         (4)  Except as provided in this act if the owner files

16  a written hearing request appeal under s. 767.12 or this

17  section, the dog must be held and may not be destroyed while

18  the hearing or appeal is pending.

19         (5)  If a dog attacks or bites a person who is engaged

20  in or attempting to engage in a criminal activity at the time

21  of the attack, the owner is not guilty of any crime specified

22  under this section.

23         Section 3.  Section 767.14, Florida Statutes, is

24  amended to read:

25         767.14  Additional local restrictions

26  authorized.--Nothing in this act shall limit any local

27  government from placing further restrictions or additional

28  requirements on owners of dangerous dogs or developing

29  procedures and criteria for the implementation of this act,

30  provided that no such regulation is specific to breed and that

31  the provisions of this act are not lessened by such additional

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    Florida Senate - 2001                                  SB 2058
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  1  regulations or requirements.  This section shall not apply to

  2  any local ordinance adopted prior to October 1, 1990.

  3         Section 4.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          SENATE SUMMARY

  8    Revises provisions relating to the classification of dogs
      as dangerous. Authorizes animal control authorities to
  9    declare dogs dangerous. Revises hearing procedures. Makes
      owners liable for certain boarding costs. Requires the
10    registration of certain dogs brought into a jurisdiction.
      Deletes an application exemption. (See bill for details.)
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