| 1 | A bill to be entitled |
| 2 | An act relating to restraint of dogs; amending s. 828.13, |
| 3 | F.S.; defining the term "restraint that unreasonably |
| 4 | limits the dog's movement"; prohibiting leaving a dog |
| 5 | outside and unattended by use of a restraint that |
| 6 | unreasonably limits the dog's movement or when specified |
| 7 | severe weather warnings have been issued; providing |
| 8 | penalties; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Subsections (1) and (2) of section 828.13, |
| 13 | Florida Statutes, are amended to read: |
| 14 | 828.13 Confinement of animals without sufficient food, |
| 15 | water, or exercise; abandonment of animals.-- |
| 16 | (1) As used in this section: |
| 17 | (a) "Abandon" means to forsake an animal entirely or to |
| 18 | neglect or refuse to provide or perform the legal obligations |
| 19 | for care and support of an animal by its owner. |
| 20 | (b) "Owner" includes any owner, custodian, or other person |
| 21 | in charge of an animal. |
| 22 | (c)1. "Restraint that unreasonably limits the dog's |
| 23 | movement" means a restraint that: |
| 24 | a. Uses a collar that is pinch-type, prong-type, or choke- |
| 25 | type or that is not properly fitted to the dog; |
| 26 | b. Is shorter than the greater of five times the length of |
| 27 | the dog, as measured from the tip of the dog's nose to the base |
| 28 | of the dog's tail, or 10 feet; |
| 29 | c. Is in an unsafe condition; or |
| 30 | d. Causes injury to the dog. |
| 31 | 2. A restraint does not unreasonably limit a dog's |
| 32 | movement if it can be verified that adequate daily socialization |
| 33 | and exercise off the restraint have been provided to the dog. If |
| 34 | a dog is confined on a restraint, the restraint must be free |
| 35 | from entanglements and of proper weight for the dog's size, the |
| 36 | restrained dog must wear a properly fitted harness or buckle- |
| 37 | type collar, and the dog must be released from the restraint at |
| 38 | least twice daily for adequate exercise. Collars, harnesses, |
| 39 | halters, and the like shall be properly fitted to prevent |
| 40 | discomfort or injury. |
| 41 | (2) Whoever: |
| 42 | (a) Impounds or confines any animal in any place and fails |
| 43 | to supply the animal during such confinement with a sufficient |
| 44 | quantity of good and wholesome food and water, |
| 45 | (b) Keeps any animals in any enclosure without wholesome |
| 46 | exercise and change of air, or |
| 47 | (c) Abandons to die any animal that is maimed, sick, |
| 48 | infirm, or diseased, |
| 49 | (d) Leaves a dog outside and unattended by use of a |
| 50 | restraint that unreasonably limits the dog's movement or left |
| 51 | outside and unattended by use of a restraint, regardless of the |
| 52 | type of restraint, when a hurricane, tropical storm, or tornado |
| 53 | warning has been issued for the jurisdiction by the National |
| 54 | Weather Service, |
| 55 |
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| 56 | commits is guilty of a misdemeanor of the first degree, |
| 57 | punishable as provided in s. 775.082 or by a fine of not more |
| 58 | than $5,000, or by both imprisonment and a fine. |
| 59 | Section 2. This act shall take effect October 1, 2008. |