Florida Senate - 2021                              CS for SB 650
       By the Committee on Agriculture; and Senators Taddeo, Book,
       Rouson, Polsky, Cruz, Jones, Farmer, and Stewart
       575-02381-21                                           2021650c1
    1                        A bill to be entitled                      
    2         An act relating to tethering of domestic dogs and
    3         cats; creating s. 828.132, F.S.; defining the term
    4         “tether”; providing requirements for tethering
    5         domestic dogs and cats; providing applicability;
    6         providing penalties; authorizing enforcement of the
    7         act in accordance with specified provisions; providing
    8         construction; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 828.132, Florida Statutes, is created to
   13  read:
   14         828.132Tethering of domestic dogs and cats.—
   15         (1)As used in this section, the term “tether” means to tie
   16  a domestic dog or domestic cat to a stationary or inanimate
   17  object with a rope, chain, or other means to restrict, confine,
   18  or restrain its movement.
   19         (2)(a)A person may not tether a domestic dog or domestic
   20  cat unless the person is physically present with and attending
   21  to the dog or cat and the dog or cat remains visible to the
   22  person at all times while tethered.
   23         (b)A person may not tether a domestic dog or domestic cat
   24  outdoors during severe weather, including, but not limited to,
   25  extreme heat or cold, thunderstorms, lightning, tornadoes,
   26  tropical storms, or hurricanes.
   27         (3)This act does not apply to hunting dogs.
   28         (4)Paragraph (2)(a) does not apply to tethering a domestic
   29  dog or domestic cat in a manner that does not jeopardize its
   30  health, safety, or well-being when:
   31         (a)Attending, or participating in, a legal, organized
   32  public event in which the dog or cat and the person are
   33  permitted attendees or participants;
   34         (b)Actively engaging in conduct that is directly related
   35  to the business of shepherding or herding cattle or livestock or
   36  related to the business of cultivating agricultural products and
   37  tethering is reasonably necessary for its safety;
   38         (c)Being treated by a veterinarian or serviced by a
   39  groomer;
   40         (d)Being trained for or actively serving in a law
   41  enforcement capacity;
   42         (e)Being cared for as part of a rescue operation during a
   43  natural or manmade disaster;
   44         (f)Temporarily tethered by any of the following entities
   45  for a period of time which is no longer than necessary to
   46  accomplish a task such as bathing, medical care, or any other
   47  short-term valid purpose for the safety of the animal, other
   48  animals, staff, or the public:
   49         1.A public or private animal shelter.
   50         2.A humane organization.
   51         3.An animal control agency operated by a humane
   52  organization; by a county, municipality, or other incorporated
   53  political subdivision; or by a licensed commercial boarding
   54  facility;
   55         (g)Temporarily tethered while being kept in a bona fide
   56  humane shelter or at a licensed commercial boarding facility; or
   57         (h)Tethered in accordance with the regulations of a
   58  camping or recreational area.
   59         (5)A person who tethers a domestic dog or domestic cat in
   60  violation of this section commits a noncriminal violation as
   61  defined in s. 775.08(3) and is subject to the following
   62  penalties:
   63         (a)For a first offense, a written warning and notice to
   64  comply.
   65         (b)For a second offense, a fine of $250.
   66         (c)For a third and every subsequent offense, a fine of
   67  $500.
   68         (6)This section may be enforced pursuant to s. 828.073.
   69         (7)This section may not be construed to limit the
   70  authority of any local governmental entity to adopt or enforce
   71  an ordinance that is more restrictive or that imposes greater
   72  penalties than this section.
   73         Section 2. This act shall take effect July 1, 2021.