Florida Senate - 2022                                    SB 1508
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-00360A-22                                          20221508__
    1                        A bill to be entitled                      
    2         An act relating to tethering domestic dogs and cats;
    3         providing a short title; creating s. 828.132, F.S.;
    4         defining the term “tether”; specifying requirements
    5         for tethering domestic dogs and cats; providing
    6         applicability; providing civil penalties; providing
    7         for enforcement; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. This act may be cited as the “Penny Bautista
   12  Act.”
   13         Section 2. Section 828.132, Florida Statutes, is created to
   14  read:
   15         828.132 Tethering of domestic dogs and cats.—
   16         (1) As used in this section, the term “tether” means to tie
   17  a domestic dog or a domestic cat to a stationary or inanimate
   18  object with a rope, chain, or other means to restrict, confine,
   19  or restrain the animal’s movement.
   20         (2)(a) A person may not tether a domestic dog or a domestic
   21  cat unless the person is physically present with and attending
   22  to the dog or cat and the dog or cat remains visible to the
   23  person at all times while tethered.
   24         (b) A person may not tether a domestic dog or a domestic
   25  cat outdoors during severe weather, including, but not limited
   26  to, extreme heat or cold, thunderstorms, lightning, tornadoes,
   27  tropical storms, or hurricanes.
   28         (3) Paragraph (2)(a) does not apply to tethering a domestic
   29  dog or a 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  authorized attendees or participants;
   34         (b) Actively engaging in conduct directly related to the
   35  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 the animal’s 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 lawfully used to actively hunt a species of
   43  wildlife in this state during the hunting season for that
   44  species of wildlife;
   45         (f) Being cared for as part of a rescue operation during a
   46  natural or manmade disaster;
   47         (g) Temporarily tethered while being kept in a bona fide
   48  humane shelter or at a licensed commercial boarding facility; or
   49         (h) Tethered in accordance with the regulations of a
   50  camping or recreational area.
   51         (4) A person who tethers a domestic dog or a domestic cat
   52  in violation of this section commits a noncriminal violation as
   53  defined in s. 775.08(3) and is subject to the following
   54  penalties:
   55         (a) For a first offense, a written warning and notice to
   56  comply within 30 calendar days.
   57         (b) For a second offense, a fine of $250.
   58         (c) For a third and every subsequent offense, a fine of
   59  $500.
   60         (5) This section shall be enforced pursuant to s. 828.073.
   61         Section 3. This act shall take effect July 1, 2022.