Chapter 509. Chapter 823. (1) Local exemption authorized.--Notwithstanding s. 509.032(7), the governing body of a local government may establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. Temporary extension of local minimum stray hold periods after a disaster is declared by the President of the United States or a state of emergency is declared by the Governor, if deemed necessary by a local government in the area of the declaration. (6) “Animal control officer” means any individual employed, contracted with, or appointed by the animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal. This act does not limit any local government from adopting an ordinance to address the safety and welfare concerns caused by attacks on persons or domestic animals, placing further restrictions or additional requirements on owners of dogs that have bitten or attacked persons or domestic animals, or developing procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed and that the provisions of this act are not lessened by such additional regulations or requirements. CreditsLaws 1969, c. 69-285, §§ 1, 2; Laws 1971, c. 71-136, § 1159. 2. Unvaccinated domestic animals with a history of a potential rabies exposure that cause moderate to severe face or neck bites to a person, should be immediately tested. •If the quarantine period results in a “live” animal, the animal is removed from quarantine and human victim is not in danger (was not exposed to rabies). The Legislature finds that dangerous dogs are an increasingly serious and widespread threat to the safety and welfare of the people of this state because of unprovoked attacks which cause injury to persons and domestic animals; that such attacks are in part attributable to the failure of owners to confine and properly train and control their dogs; that existing laws inadequately address this growing problem; and that it is appropriate and necessary to impose uniform requirements for the owners of dangerous dogs. Rev.St.1892, § 2341; Laws 1901, c. 4979; Gen.St.1906, § 3142; Rev.Gen.St.1920, § 4957; Comp.Gen.Laws 1927, § 7044; Laws 1994, c. 94-339, § 1. Requirements as mandated by the Florida Department of Health and Chapter 64D-3 Florida Administrative Code. Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01. 767.12. CreditsLaws 1990, c. 90-180, § 4; Laws 1993, c. 93-13, § 4; Laws 1994, c. 94-339, § 4. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. The animal may be held pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. Other provisions of chapter 767 not superseded, 767.16 . 4. Ending inventory/shelter count at end of the last day of the month. The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law. (a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of a participating local government. Police canine or service dog; exemption. (2) If the dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner of the dog is not guilty of any crime under this section. current, animal must be isolated and observed for 10 days at veterinarian clinic or animal shelter. Rabies is preventable; however, many deaths still occur every year across the globe. Florida Department of Health - St. Johns County 904-506-6081 Mailing Address. Bite to a person or exposure to raccoon, bat, skunk, fox or other high risk animal: Dogs, cats and ferrets: 10 day quarantine from time of bite (regardless of vaccination status) From nips to bites to actual attacks, dog bites are a serious problem. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. This 10-day time period shall allow the owner to request a hearing under s. 767.12. Laws 1901, c. 4978, § 1; Gen.St.1906, § 3144; Rev.Gen.St.1920, § 4959; Comp.Gen.Laws 1927, § 7046; Laws 1979, c. 79-315, § 1; Laws 1994, c. 94- 339, § 2. July 1, 1997; Laws 2011, c. 2011-211, § 1, eff. This 10-day period allows sufficient time for the bitten person to receive preventive treatment should the dog appear to be rabid. The purpose of this form is to collect information about anima l bites in the context of a rabies control investigation. 767.13. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. Direct return-to-owner protocols that allow animal control officers in the field to directly return lost or stray dogs and cats to their owners when the owners have been identified. (3) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. The record shall at all times be subject to the inspection of all police and peace officers. Abandonment of animals by owner; procedure for handling, 823.041 . Helpful Information/Resources: A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. Upon the request of a licensed veterinarian, and for a valid reason, the shelter or animal control agency shall extend the time limit within which the animal must be sterilized. © 2020 Michigan State University College of Law. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction. Access for owners to retrieve dogs and cats at least 1 weekend day per week and after 5:00 p.m. 1 weekday per week, provided that complying with the requirements of this subparagraph does not require an increase in total operating hours. (5) State and local cooperation.--The division shall provide reasonable assistance to participating local governments in the development of enforcement procedures and regulations, and participating local governments shall monitor permitholders for compliance in cooperation with the division. Immediately notify the appropriate animal control authority when the dog : b. Real and Personal Property (Chapters 689-724). Amended by Laws 1997, c. 97-102, § 1157, eff. 6. — If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 2. MANATEE -- Judge Andrew Owens has declared a Florida law mandating dogs that cause severe injury to people be euthanized as unconstitutional, meaning the now-famous dog Padi will not be put to death. West's F. S. A. 9. It is therefore declared to be the public policy of the state that animal control agencies and humane organizations shall adopt policies and procedures to help return lost cats or dogs to identified owners. Horses can be confined for a 14-day observation period. Owners of animals involved in bites/exposures are required to quarantine their animal(s) for rabies observations for a minimum of ten (10) days. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment. A participating local government shall provide the division with a copy of all approved applications and permits issued, and the participating local government shall require that all applications, permits, and other related materials contain the appropriate division-issued license number for each public food service establishment. Amended by Laws 2016, c. 2016-16, § 6, eff. Title XLV. Reasonable efforts to notify identified owners of lost or stray dogs and cats within 48 hours of identification. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. (5) “Animal control authority” means an entity acting alone or in concert with other local governmental units and authorized by them to enforce the animal control laws of the city, county, or state. (Does not contain laws related to pari-mutuel wagering/dog racing. The total number of dogs and cats taken in by the animal shelter, humane organization, or animal control agency, divided into species, in the following categories: f. Transferred into or imported from out of the state; and, Species other than domestic cats and domestic dogs should be recorded as “other.”. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall include such regulations and limitations as deemed necessary by the participating local government and shall include, but not be limited to, the following requirements: 1. CreditsAdded by Laws 2016, c. 2016-16, § 4, eff. (1) Any canine that is owned, or the service of which is employed, by a law enforcement agency, is exempt from this part. 877.14. Amended by Laws 1997, c. 97-102, § 792, eff. March 8, 2016. Procedural safeguards to minimize the euthanasia of owned dogs and cats. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. The new owner must comply with all of the requirements of this section and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. Human victim should immediately see a doctor. (1) The Legislature finds that natural disasters, such as hurricanes, may result in an increase in owned dogs and cats becoming lost or stray. 6. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of: a. 5. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. Such policies and procedures shall include: 1. (a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. Unfortunately, animal bites are a common injury in dogs. The following data will be available on a monthly basis commencing July 31, 2013: 1. Dogs that have been classified as dangerous may not be used for hunting purposes. Renumbered from § 767.13(2) and amended by Laws 2016, c. 2016-16, § 3, eff. July 3, 2007; Laws 2009, c. 2009-195, § 46, eff. California law regarding dog bites spells out the rights and responsibilities of the dog owner and the victim. (1) Every person engaged in the business of selling dogs shall keep a complete and true record of all transactions, showing the date of transaction and the name and address of the person from whom each dog was purchased or otherwise obtained and to whom it was sold. (b) An animal that is the subject of a dangerous dog investigation which is not impounded with the animal control authority must be humanely and safely confined by the owner in a securely fenced or enclosed area. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. You will be asked to leave your name and phone number so that Animal Services can be dispatched to investigate. (2) “Unprovoked” means that the victim who has been conducting himself or herself peacefully and lawfully has been bitten or chased in a menacing fashion or attacked by a dog. Amended by Laws 2013, c. 2013-32, § 1, eff. Isolation and observation at owner’s property is possible; however, specific DOH guidelines must be followed. 200 San Sebastian View Saint Augustine, Florida 32084 705.19 . i. This protocol is for the safety of the bite victim and the biting animal. Real and Personal Property (Chapters 689-724). Florida's Dog Bite Statute. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts, 767.13 . CreditsLaws 1990, c. 90-180, § 3; Laws 1993, c. 93-13, § 3; Laws 1994, c. 94-339, § 3. 3. Fax completed forms to our confidential fax 850-595-6792. Countless more bite injuries go untreated. This site is not a law firm and cannot offer legal advice. Attack or bite by unclassified dog that causes severe injury or death; penalties, 767.14 . July 1, 1997. Our Inspector must follow the protocol outlined in Florida Law. 8. (4) “Proper enclosure of a dangerous dog” means, while on the owner's property, a dangerous dog is securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the animal from escaping. Chapter 705. On average, about a dozen people die each year from dog bite injuries. 3. (Stray Dog, Cat or Ferret) •Human victim should immediately see a doctor. However, certain animals such as rodents may carry other diseases, so medical attention is always recommended if bitten. March 8, 2016. The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section. The disposition of all animals taken in by a public or private animal shelter, humane organization, or animal control agency operated by a humane society or by a county, municipality, or other incorporated political subdivision, divided into species. § 509.233; § 767.01 - 16; § 705.19; § 823.041; § 823.15 - 151; § 877.14, FL ST § 509.233; §§ 767.01 - 16; § 705.19; § 823.041; § 823.15 - 151; § 877.14. (3) Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. As used in this act, unless the context clearly requires otherwise: (1) “Dangerous dog” means any dog that according to the records of the appropriate authority: (a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; (b) Has more than once severely injured or killed a domestic animal while off the owner's property; or. July 1, 1997. Nothing in this act shall supersede chapter 767, Florida Statutes 1989. DOGS, CATS OR FERRETS EXPOSES A HUMAN Dogs, cats, and ferrets should be captured alive and confined for a period of 10 days from the time of the bite. If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending. This report updates OLR reports 2012-R-0459 and 2004-R-0308. 3. If a dog is to be destroyed, the dog may not be relocated or its ownership transferred. At a minimum, participating local governments shall establish a procedure to accept, document, and respond to complaints and to timely report to the division all such complaints and the participating local governments' enforcement responses to such complaints. This section does not apply to any local ordinance adopted prior to October 1, 1990. A dog bite victim in Florida can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort. A dog that is the subject of a dangerous dog investigation may not be relocated or its ownership transferred pending the outcome of the investigation and any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. Chapter 877. RABIES PROGRAM HOME QUARANTINE AGREEMENT. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.CreditsLaws 1990, c. 90-180, § 4; Laws 1993, c. 93-13, § 4; Laws 1994, c. 94-339, § 4. Spilled food and drink shall be removed from the floor or ground between seating of patrons. Scienter in Florida. Chapter 767. 2. Uncontrolled breeding results in the birth of many more puppies and kittens than are needed to provide pet animals to new owners or to replace pet animals that have died or become lost. 767.136. Laws 1893, c. 4185, § 1; Gen.St.1906, § 3143; Rev.Gen.St.1920, § 4958; Comp.Gen.Laws 1927, § 7045. (4) All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by ordinance of the local governing body, with respect to animal control agencies or shelters operated or subsidized by a unit of local government, or provided for by the humane society governing body, with respect to an animal control agency or shelter operated solely by the humane society and not subsidized by public funds. 3. A process for matching received lost or stray dogs and cats with any reports of lost pets received by the shelter from owners. (b) If a dog is classified as a dangerous dog due to an incident that causes severe injury to a human being, based upon the nature and circumstances of the injury and the likelihood of a future threat to the public safety, health, and welfare, the dog may be destroyed in an expeditious and humane manner. A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points which informs both children and adults of the presence of a dangerous dog on the property. July 1, 2011. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing. Torts. Such pen or structure shall have secure sides and a secure top to prevent the dog from escaping over, under, or through the structure and shall also provide protection from the elements. The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. 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