Section 767.05 is supplemental to all other laws relating to dogs not expressly referred to therein and shall not be construed to modify, repeal, or in any way affect any part or provision of any such laws not expressly repealed therein or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance now or hereafter provided. 5. Chapter 823. — 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. 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. Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts, 767.13 . (3) “Severe injury” means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. 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. 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. 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. Oct. 1, 2009. Dogs euthanized due to breed, temperament, or size must be recorded and included in the calculation of the total euthanasia percentage. Owners of animals involved in bites/exposures are required to quarantine their animal(s) for rabies observations for a minimum of ten (10) days. 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. However, such dogs at all other times in all other respects are subject to this and local laws. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. 4. Amended by Laws 2007, c. 2007-5, § 127, eff. You will be asked to leave your name and phone number so that Animal Services can be dispatched to investigate. These confinement periods will be determined by FDOH. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment. (7) A person who violates any provision of this section commits a noncriminal infraction, punishable by a fine not to exceed $500. Dogs and cats released from animal shelters or animal control agencies; sterilization requirement. Requirements as mandated by the Florida Department of Health and Chapter 64D-3 Florida Administrative Code. 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. 877.14. Animal is sent to Animal Shelter for 10 day isolation and observation, if available. 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. Countless more bite injuries go untreated. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. 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. Florida Department of Health in Alachua County 352-334-7900 WebInfoAlachua@flhealth.gov Mailing Address. July 1, 2006. Any such dog found roaming over the country unattended shall be deemed a run-about dog, and it is lawful to kill such dog. Public food service establishment requirements; local exemption for dogs in designated outdoor portions. 2. 200 San Sebastian View Saint Augustine, Florida 32084 767.14. This 10-day time period shall allow the owner to request a hearing under s. 767.12. 3. (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. The address at which the animal resides shall be provided to the animal control authority. (7) “Owner” means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian. The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law. (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. Additional local restrictions authorized, 767.15 . 11. 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). 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. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons' dogs. Under Florida law, the owner of any dog that bites someone who is in a public place, or lawfully in a private place, "is liable for the damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness." Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts. 4. 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. 705.19 . 7. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and 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. Overview of Florida dog bite law. Isolation and observation at home is possible; however, specific DOH guidelines must be followed. (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. •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). Such policies and procedures shall include: 1. Determining which programs result in improved adoption rates and in reduced euthanasia rates for animals in shelters and animal control agencies is crucial to this effort. (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. (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. (c) Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Title XLVI. From nips to bites to actual attacks, dog bites are a serious problem. © 2020 Michigan State University College of Law. 2. Damage by Dogs. Horses can be confined for a 14-day observation period. (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. The purpose of this form is to collect information about anima l bites in the context of a rabies control investigation. However, certain animals such as rodents may carry other diseases, so medical attention is always recommended if bitten. Importation of dogs and cats from outside the United States could result in the transmission of diseases that have been eradicated in the United States to dogs and cats, other animals, and humans living in this state. Damage by Dogs. Negligence in Florida. 8. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing. A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs. If rabies vaccination is current, animal will be immediately isolated and observed for 10 days. Other provisions of chapter 767 not superseded, 767.16 . Laws 1979, c. 79-315, § 2; Laws 1981, c. 81-259, § 482. CreditsLaws 1990, c. 90-180, § 3; Laws 1993, c. 93-13, § 3; Laws 1994, c. 94-339, § 3. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting a person or animal. CreditsLaws 1990, c. 90-180, § 5. 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. The Rabies Control office is open Monday - Friday from 8 AM to 4 PM. And if any animal is acting strangely, call your local animal control officer for help. 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). Rabies is preventable; however, many deaths still occur every year across the globe. Lodging and Food Service Establishments; Membership Campgrounds. 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. The name, location, and mailing address of the public food service establishment. Oct. 1, 2018. 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. This 10-day time period shall allow the owner to request a hearing under s. 767.12. (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. By using this site, you agree to the
Upon intake, screening of lost or stray dogs and cats for identification, including tags, licenses, implanted microchips, and tattoos. Laws 1991, c. 91-228, § 1. See the Centers for Disease Control website for information on rabies and how it affects the nervous system. (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. Immediately notify the appropriate animal control authority when the dog : b. March 8, 2016. On average, about a dozen people die each year from dog bite injuries. 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. (Does not contain laws related to pari-mutuel wagering/dog racing. Torts. Dog owner's liability for damages to persons bitten, 767.05 . Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. Torts. 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. CreditsLaws 1969, c. 69-285, §§ 1, 2; Laws 1971, c. 71-136, § 1159. Quarantine (Isolation): Requirements as mandated by the Florida Department of Health and Chapter 64D-3 Florida Administrative Code. (4) Powers; enforcement.--Participating local governments shall have such powers as are reasonably necessary to regulate and enforce the provisions of this section. If a dog is to be destroyed, the dog may not be relocated or its ownership transferred. An owner or keeper of any dog that kills, wounds, or harasses any dairy cattle shall be jointly and severally liable to the owner of such dairy cattle for all damages done by such dog; and it is not necessary to prove notice to or knowledge by any such owner or keeper of such dog that the dog was mischievous or disposed to kill or worry any dairy cattle. 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. Amended by Laws 1997, c. 97-102, § 1155, eff. Brain sample is submitted to laboratory for testing. Chapter 767. Each applicable local governing authority shall establish hearing procedures that conform to this subsection. Merchandising of dogs; required records; penalty for violation. The owner may appeal the classification, penalty, or both, to the circuit court in accordance with the Florida Rules of Appellate Procedure after receipt of the final order. 2. Unfortunately, animal bites are a common injury in dogs. 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. Disposal of bodies of dead animals; penalty, 823.15 . This 10-day period allows sufficient time for the bitten person to receive preventive treatment should the dog appear to be rabid. 767.01 . Domestic animals (dogs, cats, and ferrets) which bite or otherwise potentially expose a person to rabies can be confined for observation for 10 days. (3) Limitations on exemption; permit requirements.--. (2)(a) Each 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, shall prepare and maintain the following records and make them available for public inspection and dissemination for the 3 preceding years. July 1, 1997; Laws 2011, c. 2011-211, § 1, eff. (b) Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. 2. Title XLVI. The record also should show a sufficient description of the dog such as breed, sex, color, markings, and distinguishing features. Call 850-595-6700 to file an animal bite or for more information. Dog Bite and Quarantine Law By: Duke Chen, Principal Analyst January 2, 2018 | 2018-R-0023 Issue Provide a brief overview of Connecticut law on liability for dog bites, including what happens after a dog bites someone. All table and chair surfaces shall be cleaned and sanitized with an approved product between seating of patrons. (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. 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 diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights-of-way, including sidewalks and common pathways; and such other information reasonably required by the permitting authority. Dog quarantine happens at home or offsite. 3. Before a dangerous dog is sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. Chapter 877. Such safeguards shall include, but are not limited to, record verification to ensure that each animal to be euthanized is the correct animal designated for the procedure and proper scanning for an implanted microchip using a universal scanner immediately prior to the procedure. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters 494-560). Dog quarantine after a bite is required in the state to ensure there is no transmission of rabies from the animal to the injured human. (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. Miscellaneous Crimes. i. All animal bite cases should be referred to the Florida Department of Health in Miami-Dade County at 305-324-2400. 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 … 823.041. Spilled food and drink shall be removed from the floor or ground between seating of patrons. 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. (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. Isolation and observation at owner’s property is possible; however, specific DOH guidelines must be followed. Fax completed forms to our confidential fax 850-595-6792. If rabies vaccination is current, animal will be immediately isolated and observed for 14 days. Animal will be tested for rabies (will be euthanized). 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. Owner's liability for damages by dog to dairy cattle, 767.12 . Public Lodging and Public Food Service Establishments, 509.233. (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. Sheep-killing dogs not to roam about. CREDIT(S) Laws 1961, c. 61-359, §§ 1 to 4; Laws 1971, c. 71-136, § 936; Laws 1974, c. 74-383, § 66; Laws 1975, c. 75-24, § 1; Laws 1975, c. 75-298, § 41. (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. 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. 767.15. ), Title XXXIII. The animal control authority shall afford the owner an opportunity for a hearing prior to making a final determination regarding the classification or penalty. If the dog is to be destroyed, the dog may not be destroyed while an appeal is pending. (2) The giving of notice to the owner, or the agent of the owner, of such animal by the licensed veterinarian or kennel operator as provided in subsection (1) shall relieve the veterinarian or kennel operator and any custodian to whom such animal may be given of any further liability for disposal. The owner may file a written request for a hearing regarding the dangerous dog classification, penalty, or both, within 7 calendar days after receipt of the notification of the sufficient cause finding and proposed penalty. This site is not a law firm and cannot offer legal advice. 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. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal pending any hearing or appeal. 767.05. 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. July 1, 2013. 6. July 3, 2007; Laws 2009, c. 2009-195, § 46, eff. (3) For the purpose of this section, the term "abandonment" means to forsake entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner or the owner's agent. (2) It is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird. Lost or Abandoned Property. Abandonment of animals by owner; procedure for handling. Oct. 1, 2019, 705.19. 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." 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. Sheep-killing dogs not to roam about, 767.04 . 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. Privacy Policy. (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. 823.15. The animal control authority shall provide written notification of the sufficient cause finding and proposed penalty to the owner by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. 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). CreditsAdded by Laws 2006, c. 2006-72, § 3, eff. 6. 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. These data must include dispositions by: e. Transfer to another 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; g. Released in field/Trapped, Neutered, Released (TNR); h. Lost in care/missing animals or records; and. The physician will determine if rabies treatment (post exposure vaccine and immune globulin) is necessary based on biting animal, bite circumstance and appearance of symptoms. California law regarding dog bites spells out the rights and responsibilities of the dog owner and the victim. July 1, 2011. 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. Attack or bite by unclassified dog that causes death; confiscation; destruction, 767.136. 767.16. Downtown Service Center, 1300 West Gregory Street, Pensacola, FL 32502Â, Confidential Rabies Fax Number: 850-595-6792. Part I. 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) The diagram or plan shall be accurate and to scale but need not be prepared by a licensed design professional. (1) 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, punishable as provided in s. 775.082 or s. 775.083. Attack or bite by unclassified dog that causes severe injury or death; penalties, 767.14 . 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. This section does not apply to any local ordinance adopted prior to October 1, 1990. Chapter 767. 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