March 8, 2016. The quarantine law is in place to protect the victim of the dog bite as well as the dog’s owner and members of the community and general public. 200 San Sebastian View Saint Augustine, Florida 32084 Sometimes the quarantine will be with the owner; other times, it will be at a vet’s office or local animal shelter where the staff is trained to know what to look for in rabid animals. Chapter 509. Negligence per se in Florida. And if any animal is acting strangely, call your local animal control officer for help. (4) If a 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 is not guilty of any crime specified under this section. Upon intake, screening of lost or stray dogs and cats for identification, including tags, licenses, implanted microchips, and tattoos. Additional local restrictions authorized. 3. In those areas not served by an animal control authority, the sheriff shall carry out the duties of the animal control authority under this act. 7. Abandonment of animals by owner; procedure for handling. Dogs shall not be allowed on chairs, tables, or other furnishings. Amended by Laws 2013, c. 2013-32, § 1, eff. 11. 7. Crimes (Chapters 775-899). From nips to bites to actual attacks, dog bites are a serious problem. This 10-day time period shall allow the owner to request a hearing under s. 767.12. Overview of Florida dog bite law. Laws 1893, c. 4185, § 1; Gen.St.1906, § 3143; Rev.Gen.St.1920, § 4958; Comp.Gen.Laws 1927, § 7045. Domestic animals (dogs, cats, and ferrets) which bite or otherwise potentially expose a person to rabies can be confined for observation for 10 days. Attack or bite by dangerous dog; penalties; confiscation; destruction. (d) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. Animal will be tested for rabies (will be euthanized). The owner shall be 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. 767.136. (6) Hunting dogs are exempt from this section when engaged in any legal hunt or training procedure. Negligence in Florida. If the isolation and observation period results in a “live” animal, the animal is removed from quarantine and human victim is not in danger (was not exposed to rabies). 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. Laws 1949, c. 25109, § 1; Laws 1993, c. 93-13, § 1. Oct. 1, 2009. Amended by Laws 2016, c. 2016-16, § 3, eff. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Any such dog found roaming over the country unattended shall be deemed a run-about dog, and it is lawful to kill such dog. Amended by Laws 2016, c. 2016-16, § 5, eff. Requirements as mandated by the Florida Department of Health and, 10 day isolation and observation from time of bite (regardless of vaccination status), 14 day isolation and observation from time of bite (regardless of vaccination status). 224 SE 24th Street Gainesville, FL 32641 These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. (a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of a participating local government. Amended by Laws 1997, c. 97-102, § 1157, eff. Chapter 767. (5)(a) Except as otherwise provided in paragraph (b), the owner of a dog classified as a dangerous dog shall: 1. These confinement periods will be determined by FDOH. If a dog is to be destroyed, the dog may not be relocated or its ownership transferred. Florida's Dog Bite Statute. Dogs and cats released from animal shelters or animal control agencies; sterilization requirement. 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. 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. March 8, 2016. (2)(a) A public or private animal shelter, humane organization, or animal control agency operated by a humane organization or by a county, municipality, or other incorporated political subdivision that takes receivership of any lost or stray dogs or cats shall adopt written policies and procedures to ensure that every reasonable effort is made to quickly and reliably return owned animals to their owners. Unfortunately, animal bites are a common injury in dogs. If a hearing is not timely requested regarding the dangerous dog classification or proposed penalty, the determination of the animal control authority as to such matter shall become final. © 2020 Michigan State University College of Law. current, animal must be isolated and observed for 10 days at veterinarian clinic or animal shelter. The animal shall be confined in such manner pending the outcome of the investigation and the resolution of any hearings or appeals related to the dangerous dog classification or any penalty imposed under this section. Amended by Laws 2016, c. 2016-16, § 6, eff. 767.13. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. In any action for damages or of a criminal prosecution against any person for killing or injuring a dog, satisfactory proof that said dog had been or was killing any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01 shall constitute a good defense to either of such actions. 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. CreditsAdded by Laws 2018, c. 2018-87, § 1, eff. Isolation and observation at home is possible; however, specific DOH guidelines must be followed. Ending inventory/shelter count at end of the last day of the month. Public food service establishment requirements; local exemption for dogs in designated outdoor portions. 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. 6. Title XLV. Such reasonable efforts may include, but are not limited to, attempts to contact identified owners by telephone, by electronic mail, by United States mail, or by personal service at the owner's last known phone number and address. Although infection is the most common result of these bites, rabies should also be a concern. (4) Upon a dangerous dog classification and penalty becoming final after a hearing or by operation of law pursuant to subsection (3), the animal control authority shall provide a written final order to the owner by registered mail, certified hand delivery or service. CreditsLaws 1969, c. 69-285, §§ 1, 2; Laws 1971, c. 71-136, § 1159. If the dog is not held by the animal control authority, the owner must confine the dog in a securely fenced or enclosed area pending resolution of the appeal. If you see a stray dog or cat, don´t pet it. Other provisions of chapter 767 not superseded. In addition, 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. Amended by Laws 1997, c. 97-102, § 1156, eff. Dog owner's liability for damages to persons bitten. Notice to the public of the shelter's location, hours, fees, and the return-to-owner process posted on the Internet, with the shelter's business hours posted outside the shelter facility and recorded on the shelter's telephone answering system message. This report updates OLR reports 2012-R-0459 and 2004-R-0308. Lost or Abandoned Property. Dogs and cats released from animal shelters or animal control agencies; sterilization requirement. Public notice of lost or stray dogs and cats received, provided at the shelter or on the Internet, as appropriate, within 48 hours of the animal's admission. Nothing in this section shall be construed to require or compel a local governing body to adopt an ordinance pursuant to this section. However, certain animals such as rodents may carry other diseases, so medical attention is always recommended if bitten. Other provisions of chapter 767 not superseded, 767.16 . Chapter 705. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. Police canine or service dog; exemption. 3. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. Torts. Crimes (Chapters 775-899). Bite to a person or exposure to raccoon, bat, skunk, fox or other high risk animal: Dogs, cats and ferrets: 10 day isolation and observation … (1) The Legislature finds that natural disasters, such as hurricanes, may result in an increase in owned dogs and cats becoming lost or stray. Within 14 days after issuance of the final order classifying the dog as dangerous or the conclusion of any appeal that affirms such final order, obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and renew the certificate annually. Chapter 823. Part I. Such policies and procedures shall include: 1. July 1, 1997. 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. (Does not contain laws related to pari-mutuel wagering/dog racing. (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. 705.19 . Requirements as mandated by the Florida Department of Health and Chapter 64D-3 Florida Administrative Code. It is unlawful for any dog known to have killed sheep to roam about over the country unattended by a keeper. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters 494-560). Title XL. These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. Title XLVI. (b) Records of a public animal shelter, humane organization, or animal control agency operated by a humane society must be made available to the public pursuant to provisions in chapter 119. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree. 767.05. Miscellaneous Crimes. July 3, 2007; Laws 2009, c. 2009-195, § 46, eff. 8. Laws 1991, c. 91-228, § 1. Horses can be confined for a 14-day observation period. •Animal is sent to Animal Shelter for 10 day quarantine, if available. Chapter 877. (2) A dog may not be declared dangerous if: (a) The threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or who, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. 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. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. The shelter or animal control agency shall require a sufficient deposit from the adopter or purchaser, which deposit shall be refundable upon presentation to the shelter or animal control agency of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The Environmental Health Division responds to all reported animal bites in Escambia County. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts, 767.13 . Bite to a person or exposure to raccoon, bat, skunk, fox or other high risk animal: If the biting animal (raccoon, skunk, bat, fox, coyote, bobcat, and wolf hybrid or exotic cat hybrids) is available: CDC: Injury and violence prevention and control, Downtown Service Center, 1300 West Gregory Street. (1) The Legislature has determined that the importation of dogs and cats into, and the uncontrolled breeding of dogs and cats in, this state pose risks to the well-being of dogs and cats, the health of humans and animals, and the agricultural interests in this state. 767.14. A rabies exposure is considered any bite, scratch, or other situation in which saliva or nervous tissue of a potentially rabid animal enters an open or fresh wound, or comes in contact with mucous membranes by entering the eye, mouth or nose of another animal. IMPORTANT: If you kill the animal, be careful not to damage the head and avoid further contact with the animal even though it is dead. Your cooperation is very important for the prevention of this deadly disease! The Florida Department of Health in Escambia County's (FDOH-Escambia) Epidemiology staff will follow up on the case. The main purpose of the 10-day quarantine is to keep your dog under observation. 823.041. Laws 1979, c. 79-315, § 2; Laws 1981, c. 81-259, § 482. (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. (1) Any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel for treatment, boarding, or other care, which shall be abandoned by its owner or the owner's agent for a period of more than 10 days after written notice is given to the owner or the owner's agent at her or his last known address may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. (b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure shall require participating public food service establishments to apply for and receive a permit from the governing body of the local government before allowing patrons' dogs on their premises. Animal is sent to Animal Shelter for 10 day isolation and observation, if available. (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. Human victim should immediately see a doctor. Laws 1979, c. 79-228, § 1; Laws 1981, c. 81-157, § 1. 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. If you or someone else suffered a bite from a dog or cat, please report it by completing the Animal Bite Report. Florida follows a "strict liability" theory in this regard. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing. The deposit or donation may be based upon recommended guidelines established by the Florida Federation of Humane Societies. b. Real and Personal Property (Chapters 689-724). (7) A person who violates any provision of this section commits a noncriminal infraction, punishable by a fine not to exceed $500. The name, location, and mailing address of the public food service establishment. You will be asked to leave your name and phone number so that Animal Services can be dispatched to investigate. This leads to many dogs, cats, puppies, and kittens being unwanted, becoming strays and suffering privation and death, being impounded and destroyed at great expense to the community, and constituting a public nuisance and public health hazard. All other animals do not fall under isolation and observation requirements. Environmental Health staff work closely with county animal control officers to investigate animal bite cases, quarantine animals as required and submit necessary specimens to the state laboratory for testing. 9. (4) Powers; enforcement.--Participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. COVID-19 Call Center available 24/7 | +1 (866) 779-6121 or email COVID-19@flhealth.gov, Chapter 64D-3 Florida Administrative Code, FloridaHealth: Rabies prevention and control in Florida, Annual Regulatory Plans—Florida Department of Health (pdf). 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. 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.”. Attack or bite by dangerous dog; penalties; confiscation; destruction, 767.135. Helpful Information/Resources: However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. CreditsLaws 1990, c. 90-180, § 3; Laws 1993, c. 93-13, § 3; Laws 1994, c. 94-339, § 3. The following data will be available on a monthly basis commencing July 31, 2013: 1. Rabies is transmitted through the bite of a rabid animal and the vast majority of cases occur in wild animals such as raccoons, skunks, bats and foxes. This site is not a law firm and cannot offer legal advice. Downtown Service Center, 1300 West Gregory Street, Pensacola, FL 32502Â, Confidential Rabies Fax Number: 850-595-6792. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." If the animal is located, it will either be quarantined for ten days (if it is a dog, cat or ferret) or be sacrificed and tested for rabies. 4. The animal control authority shall afford the owner an opportunity for a hearing prior to making a final determination regarding the classification or penalty. (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. Laws 1980, c. 80-87, §§ 1 to 3. 9. It is therefore declared to be the public policy of the state that every feasible means be used to reduce the incidence of birth of unneeded and unwanted puppies and kittens. (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. 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. 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) By using this site, you agree to the (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. (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.

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