Senate Bill sb2058c2
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Florida Senate - 2001 CS for CS for SB 2058
By the Committees on Judiciary; Agriculture and Consumer
Services; and Senator Sebesta
308-1883-01
1 A bill to be entitled
2 An act relating to animal control; 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; amending s. 828.055, F.S.;
21 authorizing additional drugs for which permits
22 may be issued for the capture or euthanasia of
23 animals; amending s. 828.058, F.S.; requiring
24 chemical immobilization training, which
25 training must be approved by the Board of
26 Veterinary Medicine; amending s. 828.03, F.S.;
27 requiring training for certain agents of
28 counties or societies that may prosecute
29 violators; amending s. 828.073, F.S.;
30 authorizing officers and agents of
31 municipalities to take actions with respect to
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1 animals in distress and officers and agents of
2 counties; amending s. 828.27, F.S.; redefining
3 the term "animal control officer"; increasing
4 training requirements; providing an effective
5 date.
6
7 Be It Enacted by the Legislature of the State of Florida:
8
9 Section 1. Section 767.12, Florida Statutes, is
10 amended to read:
11 767.12 Classification of dogs as dangerous;
12 certification of registration; notice and hearing
13 requirements; confinement of animal; exemption; appeals;
14 unlawful acts.--
15 (1)(a) An animal control authority shall investigate
16 reported incidents involving any dog that may be dangerous and
17 shall, if possible, interview the owner and require a sworn
18 affidavit from any person, including any animal control
19 officer or enforcement officer, desiring to have a dog
20 classified as dangerous. Any animal that is the subject of a
21 dangerous dog investigation, that is not impounded with the
22 animal control authority, shall be humanely and safely
23 confined by the owner in a securely fenced or enclosed area
24 pending the outcome of the investigation and resolution of any
25 hearings related to the dangerous dog classification. The
26 address of where the animal resides shall be provided to the
27 animal control authority. No dog that is the subject of a
28 dangerous dog investigation may be relocated or ownership
29 transferred pending the outcome of an investigation or any
30 hearings related to the determination of a dangerous dog
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1 classification. In the event that a dog is to be destroyed,
2 the dog shall not be relocated or ownership transferred.
3 (b) A dog shall not be declared dangerous if the
4 threat, injury, or damage was sustained by a person who, at
5 the time, was unlawfully on the property or, while lawfully on
6 the property, was tormenting, abusing, or assaulting the dog
7 or its owner or a family member. No dog may be declared
8 dangerous if the dog was protecting or defending a human being
9 within the immediate vicinity of the dog from an unjustified
10 attack or assault.
11 (c) After the investigation, the animal control
12 authority shall review data collected during the
13 investigation, shall make an initial determination as to
14 whether there is sufficient cause to classify the dog as
15 dangerous, and may make and shall afford the owner an
16 opportunity for a hearing prior to making a final
17 determination declaring the dog dangerous. The animal control
18 authority shall provide written notification of the
19 sufficient-cause sufficient cause finding, to the owner, by
20 certified registered mail, certified hand delivery, or service
21 in conformance with the provisions of chapter 48 relating to
22 service of process. The owner may file a written request for
23 an evidentiary a hearing in county court or an administrative
24 hearing, as determined by local ordinance, to challenge the
25 sufficient-cause finding within 7 calendar days after from the
26 date of receipt of the notification of the sufficient-cause
27 sufficient cause finding. A and, if requested, the hearing
28 shall be held as soon as possible, but not more than 21
29 calendar days, or as soon thereafter as is practical, and no
30 sooner than 5 days after receipt of the request from the
31 owner. If the owner does not request a hearing within the
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1 7-day period, the dog shall automatically be declared
2 dangerous without further action. Each applicable local
3 governing authority shall establish hearing procedures that
4 conform to this paragraph.
5 (d) Upon receipt of notice of the finding of
6 sufficient cause, the owner Once a dog is classified as a
7 dangerous dog, the animal control authority shall provide
8 written notification to the owner by registered mail,
9 certified hand delivery or service, and the owner may file a
10 written request for a hearing in the county court to appeal
11 the classification within 10 business days after receipt of a
12 written determination of dangerous dog classification and must
13 confine the dog in a securely fenced or enclosed area pending
14 a resolution of the matter appeal. The animal control
15 authority may not impose any restrictions upon a dog that has
16 not yet been classified as dangerous, except for confinement
17 or impoundment of the animal and for prohibiting the
18 relocation or transfer of ownership of the animal. Each
19 applicable local governing authority must establish appeal
20 procedures that conform to this paragraph.
21 (2) Within 14 days after a dog has been classified as
22 dangerous by the animal control authority or the findings have
23 been a dangerous dog classification is upheld by the county
24 court on appeal, the owner of the dog must obtain a
25 certificate of registration for the dog from the animal
26 control authority in serving the area in which he or she
27 resides, which and the certificate must shall be renewed
28 annually. Animal control authorities are authorized to issue
29 such Certificates of registration, and renewals thereof, may
30 be issued only to persons who are at least 18 years of age and
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1 who present to the animal control authority sufficient
2 evidence of:
3 (a) A current certificate of rabies vaccination for
4 the dog.
5 (b) A proper enclosure in which to confine the a
6 dangerous dog and the posting of the premises with a clearly
7 visible warning sign at all entry points that informs both
8 children and adults that of the presence of a dangerous dog is
9 on the property.
10 (c) Permanent identification of the dog, such as a
11 tattoo on the inside thigh or electronic implantation.
12
13 The appropriate local governmental unit may impose an annual
14 fee for the issuance of certificates of registration and may
15 impose more stringent requirements that it considers
16 appropriate required by this section.
17 (3) The owner shall immediately notify the appropriate
18 animal control authority when a dog that has been classified
19 as dangerous:
20 (a) Is loose or unconfined.
21 (b) Has bitten a human being or attacked another
22 animal.
23 (c) Is sold, given away, or dies.
24 (d) Is moved to another address.
25
26 Before Prior to a dangerous dog is being sold or given away,
27 the owner must shall provide the name, address, and telephone
28 number of the new owner to the animal control authority. The
29 new owner must comply with all of the requirements of this act
30 and applicable implementing local ordinances, even if the
31 animal is moved from one local jurisdiction to another within
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1 the state. The owner of an animal that is brought into this
2 state from another state where it was subjected to
3 restrictions similar to this section must comply with this
4 section. The local animal control authority officer must be
5 notified by the owner of a dog classified as dangerous or
6 subject to similar restrictions in another state that the dog
7 is in its his or her jurisdiction.
8 (4) It is unlawful for the owner of a dangerous dog to
9 permit the dog to be outside a proper enclosure unless the dog
10 is muzzled, and restrained by a substantial chain or leash,
11 and under control of a competent person. The muzzle must be
12 made in a manner that will not cause injury to the dog or
13 interfere with its vision or respiration but will prevent it
14 from biting any person or animal. The owner may exercise the
15 dog in a securely fenced or enclosed area that does not have a
16 top, without a muzzle or leash, if the dog remains within his
17 or her sight. and Only members of the immediate household who
18 are or persons 18 years of age or older are allowed in the
19 enclosure when the dog is present. When being transported,
20 such dogs must be safely and securely restrained within a
21 vehicle.
22 (5) Hunting dogs are exempt from the provisions of
23 this act when engaged in any legal hunt or training procedure.
24 Dogs engaged in training or exhibiting in legal sports such as
25 obedience trials, conformation shows, field trials,
26 hunting/retrieving trials, and herding trials are exempt from
27 the provisions of this act when engaged in any legal
28 procedures. However, such dogs at all other times in all other
29 respects are shall be subject to this and local laws. Dogs
30 that have been classified as dangerous may shall not be used
31 for hunting purposes.
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1 (6) This section does not apply to dogs used by law
2 enforcement officials for law enforcement work.
3 (7) Any person who violates any provision of this
4 section is guilty of a noncriminal infraction, punishable by a
5 fine not exceeding $500.
6 Section 2. Section 767.13, Florida Statutes, is
7 amended to read:
8 767.13 Attack or bite by dangerous dog; penalties;
9 confiscation; destruction.--
10 (1) If a dog that has previously been declared
11 dangerous attacks or bites a person or a domestic animal
12 without provocation, the owner is guilty of a misdemeanor of
13 the first degree, punishable as provided in s. 775.082 or s.
14 775.083. In addition, the dangerous dog shall be immediately
15 confiscated by an animal control authority, placed in
16 quarantine, if necessary, for the proper length of time, or
17 impounded and held for 10 business days after the owner is
18 given written notification under s. 767.12, and thereafter
19 destroyed in an expeditious and humane manner. This 10-day
20 time period shall allow the owner to request a hearing under
21 s. 767.12. The owner shall be responsible for payment of all
22 boarding costs and other fees as may be required to humanely
23 and safely keep the animal during any hearing process or
24 appeal procedure. If an owner does not pay any required
25 boarding costs, the animal control authority may euthanize the
26 dog and obtain reimbursement from the owner.
27 (2) If a dog that has not been declared dangerous
28 attacks and causes severe injury to or death of any human, the
29 dog shall be immediately confiscated by an animal control
30 authority, placed in quarantine, if necessary, for the proper
31 length of time or held for 10 business days after the owner is
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1 given written notification under s. 767.12, and thereafter
2 destroyed in an expeditious and humane manner. This 10-day
3 time period shall allow the owner to request a hearing under
4 s. 767.12. The owner shall be responsible for payment of all
5 boarding costs and other fees as may be required to humanely
6 and safely keep the animal during any hearing process or
7 appeal procedure. If an owner does not pay any required
8 boarding costs, the animal control authority may euthanize the
9 animal and obtain reimbursement from the owner. In addition,
10 if the owner of the dog had prior knowledge of the dog's
11 dangerous propensities, yet demonstrated a reckless disregard
12 for such propensities under the circumstances, the owner of
13 the dog is guilty of a misdemeanor of the second degree,
14 punishable as provided in s. 775.082 or s. 775.083.
15 (3) If a dog that has previously been declared
16 dangerous attacks and causes severe injury to or death of any
17 human, the owner is guilty of a felony of the third degree,
18 punishable as provided in s. 775.082, s. 775.083, or s.
19 775.084. In addition, the dog shall be immediately confiscated
20 by an animal control authority, placed in quarantine, if
21 necessary, for the proper length of time or held for 10
22 business days after the owner is given written notification
23 under s. 767.12, and thereafter destroyed in an expeditious
24 and humane manner. This 10-day time period shall allow the
25 owner to request a hearing under s. 767.12. The owner shall be
26 responsible for payment of all boarding costs and other fees
27 as may be required to humanely and safely keep the animal
28 during any appeal procedure. If the owner does not pay any
29 required boarding costs, the animal control authority may
30 euthanize the animal and obtain reimbursement from the owner.
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1 (4) Except as provided in this act if the owner files
2 a written hearing request appeal under s. 767.12 or this
3 section, the dog must be held and may not be destroyed while
4 the hearing or appeal is pending.
5 (5) If a dog attacks or bites a person who is engaged
6 in or attempting to engage in a criminal activity at the time
7 of the attack, the owner is not guilty of any crime specified
8 under this section.
9 Section 3. Section 767.14, Florida Statutes, is
10 amended to read:
11 767.14 Additional local restrictions
12 authorized.--Nothing in this act shall limit any local
13 government from placing further restrictions or additional
14 requirements on owners of dangerous dogs or developing
15 procedures and criteria for the implementation of this act,
16 provided that no such regulation is specific to breed and that
17 the provisions of this act are not lessened by such additional
18 regulations or requirements. This section shall not apply to
19 any local ordinance adopted prior to October 1, 1990.
20 Section 4. Section 828.055, Florida Statutes, is
21 amended to read:
22 828.055 Sodium pentobarbital; Permits for drug use in
23 chemical capture and euthanasia of domestic animals.--
24 (1) The Board of Pharmacy shall adopt rules providing
25 for the issuance of permits authorizing the purchase,
26 possession, and use of legend drugs, including controlled
27 substances listed in chapter 893, as recommended by the Board
28 of Veterinary Medicine for sodium pentobarbital and sodium
29 pentobarbital with lidocaine by county or municipal animal
30 control agencies state agencies with animal related duties, or
31 humane societies registered with the Secretary of State for
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1 the purpose of euthanizing injured, sick, or abandoned or
2 otherwise unclaimed domestic animals that which are in their
3 lawful possession.
4 (a) County or municipal animal control agencies, state
5 agencies with animal related duties, or humane societies with
6 government contracts for animal control may purchase, possess,
7 and use permitted legend drugs for the purpose of
8 tranquilizing or sedating and euthanizing injured, sick,
9 abandoned, or otherwise unclaimed animals that are in their
10 lawful possession, and for chemical immobilization of animals
11 when other methods of capture are ineffective or impractical.
12 (b) Humane societies without government contracts for
13 animal control may purchase, possess, and use permitted legend
14 drugs only for the purpose of tranquilizing or sedating and
15 euthanizing injured, sick, abandoned, or otherwise unclaimed
16 animals that are in their lawful possession.
17 (2) The rules shall set forth a list of legend drugs
18 permitted for the agencies listed in paragraph (1)(a) and
19 those listed in paragraph (1)(b) and guidelines for the proper
20 storage and handling of these legend drugs sodium
21 pentobarbital and sodium pentobarbital with lidocaine and such
22 other provisions as may be necessary to ensure that the drugs
23 are used solely for the purpose set forth in this section.
24 The rules shall also provide for an application fee not to
25 exceed $50 and a biennial renewal fee not to exceed $50.
26 (3)(2) Any county or municipal animal control agency
27 or any humane society registered with the Secretary of State
28 may apply to the Department of Health Business and
29 Professional Regulation for a permit to purchase, possess, and
30 use legend drugs, including controlled substances listed in
31 chapter 893, sodium pentobarbital or sodium pentobarbital with
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1 lidocaine pursuant to subsection (1). Upon certification by
2 the board that the applicant meets the qualifications set
3 forth in the rules, the department shall issue the permit.
4 (4)(3) The board may revoke or suspend the permit upon
5 a determination that the permittee is using legend drugs
6 sodium pentobarbital or sodium pentobarbital with lidocaine
7 for any purpose other than that set forth in this section or
8 if the permittee fails to follow the rules of the board
9 regarding proper storage and handling.
10 Section 5. Section 828.058, Florida Statutes, is
11 amended to read:
12 828.058 Euthanasia and chemical immobilization of
13 animals dogs and cats.--
14 (1) Sodium pentobarbital, a sodium pentobarbital
15 derivative, or other agent the Board of Veterinary Medicine
16 recommends to the Board of Pharmacy for inclusion may approve
17 by rule shall be the only agents methods used for euthanasia
18 of animals dogs and cats by public or private agencies, animal
19 shelters, or other facilities which are operated for the
20 collection and care of stray, neglected, abandoned, or
21 unwanted animals. A lethal solution shall be used in the
22 following order of preference:
23 (a) Intravenous injection by hypodermic needle;
24 (b) Intraperitoneal injection by hypodermic needle;
25 (c) Intracardial injection by hypodermic needle; or
26 (d) Solution or powder added to food.
27 (2) Animals A dog or cat may be sedated tranquilized
28 with an approved and humane agent that the Board of Veterinary
29 Medicine recommends to the Board of Pharmacy substance before
30 euthanasia is performed or when immobilizing animals in order
31 to facilitate capture or control.
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1 (3) Public or private agencies, animal shelters, or
2 other facilities that are operated for the collection and care
3 of stray, neglected, abandoned or unwanted animals are not
4 permitted to use succinylcholine chloride, curare, curariform
5 mixtures, any substance which acts as a neuromuscular blocking
6 agent, or a chamber which causes a change in body oxygen may
7 not be used on animals a dog or cat for any purpose. However,
8 whenever an emergency situation exists which requires the
9 immediate euthanasia of an injured, diseased, or dangerous
10 animal, a law enforcement officer, a veterinarian, or an agent
11 of a local animal control unit or the designee of such an
12 agent may humanely destroy the animal, as provided in s.
13 828.05.
14 (4)(a) Euthanasia shall be performed only by a
15 licensed veterinarian or an employee or agent of a public or
16 private agency, animal shelter, or other facility that is
17 operated for the collection and care of stray, neglected,
18 abandoned, or unwanted animals, provided the employee or agent
19 has successfully completed a 16-hour euthanasia technician
20 certification course. The curriculum for such course must be
21 approved by the Board of Veterinary Medicine and must include,
22 at a minimum, the pharmacology, proper administration, and
23 storage of euthanasia solutions; federal and state laws
24 regulating the storage and accountability of euthanasia
25 solutions; euthanasia technician stress management; and proper
26 disposal of euthanized animals. An employee or agent
27 performing euthanasia before October 1, 1993, must obtain
28 certification by October 1, 1994. An employee or agent who
29 begins performing euthanasia on or after October 1, 1993, must
30 obtain certification before performing any euthanasia.
31 However, a certified veterinarian technician who is an
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1 employee or agent as defined in the subsection, may perform
2 euthanasia without completing the certification course
3 required by this subsection. Euthanasia must be performed in a
4 humane and proficient manner.
5 (b) Chemical immobilization shall be performed only by
6 a veterinarian, certified veterinary technician, employee of a
7 state agency with animal related responsibilities, animal
8 control personnel, or personnel from a humane society that is
9 registered with the Secretary of State and has a government
10 contract for animal control. Except for veterinarians or
11 certified veterinary technicians, all other persons performing
12 chemical immobilization must have successfully completed a
13 16-hour chemical immobilization certification course. The
14 curriculum for such course must be approved by the Board of
15 Veterinary Medicine and must include, as a minimum, the
16 pharmacology, proper administration, record keeping, and
17 storage of chemical immobilization solutions; chemical
18 immobilization technology; animal behavior; postimmobilization
19 procedures; and marksmanship training.
20 (5)(b) No animal dog or cat may be left unattended
21 between the time euthanasia procedures are first begun and the
22 time death occurs, nor may its body be disposed of until death
23 is confirmed by a qualified person. In the case of chemical
24 immobilization, no animal may be left unattended between the
25 time of chemical immobilization and return to sternal
26 recumbency.
27 (6)(5) The state attorney may bring an action to
28 enjoin any violation of this act.
29 (7)(6) Any person who violates the provisions of this
30 act is guilty of a misdemeanor of the first degree, punishable
31 as provided in s. 775.082 or s. 775.083.
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1 Section 6. Subsection (3) is added to section 828.03,
2 Florida Statutes, to read:
3 828.03 Agents of counties, societies, etc., may
4 prosecute violators.--
5 (3) Any agent appointed after July 1, 2001, under this
6 section shall successfully complete the 40 hour minimum
7 standards training course required by s. 828.27(4)(a)1. within
8 1 year of appointment. If such agents utilize devices to
9 chemically immobilize an animal, they must complete the 16
10 hours of training required by s. 828.27(1)(b). They shall also
11 be required to comply with s. 828.27(4)(a)3. regarding
12 postcertification continuing education training. Any agent who
13 was appointed prior to July 1, 2001, under this statute is not
14 required to complete the minimum standards training course.
15 Section 7. Subsections (2) and (3), paragraph (a) of
16 subsection (4), paragraph (b) of subsection (7) of section
17 828.073, Florida Statutes, are amended to read:
18 828.073 Animals found in distress; when agent may take
19 charge; hearing; disposition; sale.--
20 (2) Any law enforcement officer or any agent of any
21 county or municipality or of any society or association for
22 the prevention of cruelty to animals appointed under the
23 provisions of s. 828.03 may:
24 (a) Lawfully take custody of any animal found
25 neglected or cruelly treated by removing the animal from its
26 present location, or
27 (b) Order the owner of any animal found neglected or
28 cruelly treated to provide certain care to the animal at the
29 owner's expense without removal of the animal from its present
30 location,
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1 and shall forthwith petition the county court judge of the
2 county wherein the animal is found for a hearing, to be set
3 within 30 days after the date of seizure of the animal or
4 issuance of the order to provide care and held not more than
5 15 days after the setting of such date, to determine whether
6 the owner, if known, is able to provide adequately for the
7 animal and is fit to have custody of the animal. The hearing
8 shall be concluded and the court order entered thereon within
9 60 days after the date the hearing is commenced. No fee shall
10 be charged for the filing of the petition. Nothing herein is
11 intended to require court action for the taking into custody
12 and making proper disposition of stray or abandoned animals as
13 lawfully performed by animal control agents.
14 (3) The officer or agent of any county or municipality
15 or of any society or association for the prevention of cruelty
16 to animals taking charge of any animal pursuant to the
17 provisions of this section shall have written notice served,
18 at least 5 days prior to the hearing set forth in subsection
19 (2), upon the owner of the animal, if he or she is known and
20 is residing in the county where the animal was taken, in
21 conformance with the provisions of chapter 48 relating to
22 service of process. The sheriff of the county shall not
23 charge a fee for service of such notice. If the owner of the
24 animal is known but is residing outside of the county wherein
25 the animal was taken, notice of the hearing shall be by
26 publication in conformance with the provisions of chapter 49.
27 (4)(a) The officer or agent of any county or
28 municipality or of any society or association for the
29 prevention of cruelty to animals taking charge of an animal as
30 provided for in this section shall provide for the animal
31 until either:
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1 1. The owner is adjudged by the court to be able to
2 provide adequately for, and have custody of, the animal, in
3 which case the animal shall be returned to the owner upon
4 payment by the owner for the care and provision for the animal
5 while in the agent's or officer's custody; or
6 2. The animal is turned over to the officer or agent
7 as provided in paragraph (c) and a humane disposition of the
8 animal is made.
9 (7) In any case in which an animal is offered for
10 auction under the provisions of this section, the proceeds
11 shall be:
12 (b) Applied, secondly, to the care and provision for
13 the animal by the officer or agent of any county or
14 municipality or of any society or association for the
15 prevention of cruelty to animals taking charge.
16 Section 8. Paragraph (b) of subsection (1) and
17 paragraph (a) of subsection (4) of section 828.27, Florida
18 Statutes, are amended to read:
19 828.27 Local animal control or cruelty ordinances;
20 penalty.--
21 (1) As used in this section, the term:
22 (b) "Animal control officer" means any person employed
23 or appointed by a county or municipality who is authorized to
24 investigate, on public or private property, civil infractions
25 relating to animal control or cruelty and to issue citations
26 as provided in this section. An animal control officer is not
27 authorized to bear firearms arms or make arrests; however,
28 such officer may carry a device to chemically subdue and
29 tranquilize an animal, provided that such officer has
30 successfully completed a minimum of 16 hours of training in
31 marksmanship, equipment handling, safety and animal care, and
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1 can demonstrate proficiency in chemical immobilization of
2 animals as outlined in s. 828.058(4) in accordance with
3 guidelines prescribed in the Chemical Immobilization
4 Operational Guide of the American Humane Association. In
5 addition, with approval of the local governing authority, an
6 animal control officer may carry a legal firearm other than a
7 handgun in the official conveyance when such firearm is
8 carried solely for the lawful use outlined in s. 828.05(3) and
9 provided that such officer has successfully completed a
10 state-approved gun safety course and the euthanasia
11 certification course outlined in s. 828.058(4)(a).
12 (4)(a)1. County-employed animal control officers
13 shall, and municipally employed animal control officers may,
14 successfully complete a 40-hour minimum standards training
15 course. Such course shall include, but is not limited to,
16 training for: animal cruelty investigations, search and
17 seizure, animal handling, courtroom demeanor, and civil
18 citations. The course curriculum must be approved by the
19 Florida Animal Control Association. An animal control officer
20 who successfully completes such course shall be issued a
21 certificate indicating that he or she has received a passing
22 grade.
23 2. Any animal control officer who is authorized prior
24 to January 1, 1990, by a county or municipality to issue
25 citations is not required to complete the minimum standards
26 training course.
27 3. In order to maintain valid certification, every 2
28 years each certified county-employed animal control officer
29 shall complete 8 4 hours of postcertification continuing
30 education training. Such training may include, but is not
31 limited to, training for: animal cruelty investigations,
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1 search and seizure, animal handling, courtroom demeanor, and
2 civil citations.
3 Section 9. This act shall take effect upon becoming a
4 law.
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6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
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