The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 942
INTRODUCER: Senators Calatayud and others
SUBJECT: Authorization of Restrictions Concerning Dogs
DATE: April 4, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Favorable
2. Becker Becker AG Favorable
3. Hunter Twogood RC Favorable
I. Summary:
SB 942 makes changes to Florida’s “Dangerous Dogs” law. Currently a county or municipality
may address safety and welfare concerns caused by attacks on persons or domestic animals by
dogs by ordinance as long as such ordinance is not breed specific. The bill adds weight and size as
prohibited ordinance topics in addition to breed.
The bill also incorporates “public housing authorities” into the statute, authorizing a public housing
authority to enact policies pertaining to dangerous dogs, but such policy may not be specific to
breed, size, or weight. This change effectively nullifies any existing restrictions imposed by
housing authorities pertaining to specific breeds and sizes of dogs on housing authority property.
Finally, the bill removes the grandfather provision in statute which allows local governments to
enforce dog breed-specific regulations if the ordinance enacting such regulations was adopted
before October 1, 1990. This change effectively nullifies Miami-Dade County’s and the City of
Sunrise’s existing regulations and restrictions on owners of “pit bull dogs.”
The bill takes effect October 1, 2023.
II. Present Situation:
Dangerous Dogs
Part II of ch. 767, F.S., outlines the state’s “Dangerous Dogs” provisions, originally enacted in
1990.1 The Legislature found 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
1
Ch. 90-180, Laws of Fla.
BILL: SB 942 Page 2
of the 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 on the owners of dangerous dogs.”2
A “dangerous dog” is defined as a dog that:
Has aggressively bitten, attacked, endangered or inflicted severe injury on a person on public
or private property;
Has more than one time severely injured or killed a domestic animal while the dog is off the
owner’s property; or
Has, when unprovoked, chased or approached a person in public in a menacing fashion, or
with an attitude of attack.3
Process for Classification of Dogs as Dangerous
An animal control officer4 is typically the person who would investigate an incident involving a
dog. In areas unserved by an animal control authority, 5 the sheriff assumes the duties required of
an animal control officer.6
Upon receiving a report of a potentially dangerous dog, the animal control authority must
investigate the incident, interview the owner, and require a sworn affidavit from any person who
seeks to have a dog classified as dangerous.7 An animal that is the subject of a dangerous dog
investigation because of severe injury to a human being may be immediately confiscated by an
animal control authority, placed in quarantine, if necessary, for the proper length of time, or
impounded and held.8 A dog that is being investigated as a dangerous dog that is not impounded
with the animal control authority must be humanely and safely confined by the owner in a securely
fenced or enclosed area pending the outcome of the investigation.9
The animal control authority may not declare a dog as dangerous if:
The injured person was unlawfully on the property, or if lawfully on the property was
tormenting, abusing, or assaulting the dog or its owner or a family member; or
The dog was protecting a person within the immediate vicinity of the dog from an unjustified
attack or assault.10
2
Section 767.10, F.S.
3
Section 767.11(1), F.S., requires an appropriate authority to document a dog as a dangerous dog. Section 767.11(2), F.S.,
further defines what is meant by “unprovoked” as that the victim whom while acting peacefully and lawfully has been bitten
or chased in a menacing fashion or attacked by a dog. A severe injury is any physical injury that results in broken bones,
multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery, pursuant to s. 767.11(3), F.S.
4
“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 seizure and impoundment of any animal. See s. 767.11(6),
F.S.
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 law of the city, county, or state. See s. 767.11(5), F.S.
6
Section 767.11(5) and (6), F.S.
7
Section 767.12(1), F.S.
8
Section 767.12(1)(a), F.S.
9
Section 767.12(1)(b), F.S.
10
Section 767.12(2)(a-b), F.S.
BILL: SB 942 Page 3
After investigating, the animal control authority must initially determine whether sufficient cause
exists to classify the dog as dangerous and if sufficient cause is found, provide the owner an
opportunity for a hearing before making a final determination regarding the classification or
penalty.11 The animal control authority must provide written notice of sufficient cause and
proposed penalty to the owner by registered mail, certified hand delivery, or service in conformity
with how service of process is made.
The owner has seven calendar days from receiving the notice to file a written request for a hearing.
The hearing officer must hold the hearing as soon as possible, no more than 21 calendar days, and
no sooner than five days after receiving the request for hearing. 12 If a hearing is not timely
requested the authority’s determination becomes final.
Within 14 days after the classification as a dangerous dog by the animal control authority, the
owner must register the dog with the animal control authority and renew the certification annually.
Vaccination, enclosure, warning sign, and identification requirements must then be followed. The
owner must immediately notify the animal control authority if the dog is loose, bites or attacks a
person or another animal, or if there is any other change in status. A dangerous dog must remain
in its enclosure at all times unless it is muzzled and restrained by a chain or leash. Any violation
of these requirements is a noncriminal infraction publishable by a fine, not to exceed $500.13
In addition to civil penalties, the owner of a dangerous dog can be charged with the following
criminal violations:
1st degree misdemeanor if the dog has previously been declared “dangerous” and it attacks or
bites a person or domestic animal without provocation.14
2nd degree misdemeanor if the dog has not previously been declared “dangerous” but causes
severe injury to or death of any human and the owner had prior knowledge of, but recklessly
disregarded, the dog’s dangerous propensities.15
3rd degree felony if the dog has previously been declared “dangerous” and it attacks and
causes severe injury to or death of any human.16
Local Government Regulation of Dangerous Dogs
Current law authorizes local governments to address safety and welfare concerns caused by attacks
on persons or domestic animals, place further restrictions and additional requirements on owners
of dogs that have bitten or attacked persons or domestic animals, and to develop procedures and
criteria to implement the “dangerous dogs” provisions in ch. 767, F.S.17 However, no local
regulation may be breed-specific, or lessen the provisions of ch. 767, F.S., unless the regulation
was adopted prior to October 1, 1990.18 Breed-specific regulation is a term used for laws and
ordinances that seek to reduce dog attacks on humans and other animals by regulating or banning
11
Section 767.12(3), F.S.
12
Section 767.12(3), F.S.
13
Section 767.12 (7), F.S.
14
Section 676.13(1), F.S.
15
Section 767.136(1), F.S.
16
Section 767.13(2), F.S.
17
Section 767.14, F.S
18
Section 767.14, F.S.
BILL: SB 942 Page 4
a specific breed of dog.19 Florida is one of twenty-one states that prohibit local governments from
enacting breed specific ordinances.20
Because of the 1990 grandfather provision, Miami-Dade County21 and the City of Sunrise22 are
known to be the only two local governments in Florida with breed specific ordinances currently in
effect. Miami-Dade’s ordinance provides that pit bull dogs are banned from purchase, from being
brought into Miami-Dade County, or otherwise acquired and regulated due to unique history,
nature and characteristics which require special regulation. The county defines “pit bull dog” with
reference to the descriptions given by the American Kennel Club and the United Kennel Club. In
2012, Miami-Dade County held a referendum to gauge public opinion on keeping the ordinance
in place. Over 63 percent of voters chose to keep the county’s regulation of pit bull dogs in place.23
Public Housing Authorities
The federal government has created programs to provide housing assistance to lower-income
households since the 1930s. Public housing developments which provide low-rent opportunities
are generally owned and operated by the local public housing authorities (PHAs) in each state and
subsidized and regulated by the federal government. Families are eligible to live in public housing
if they are low-income24 but 40 percent of public housing units that become available in a year
must be given to families that are extremely low-income.25 Families living in public housing
typically are required to pay 30 percent of their adjusted income toward rent.
PHAs receive several streams of funding from United States Department of Housing and Urban
Development (HUD) to help make up the difference between what tenants pay in rent and what it
costs to maintain public housing.26 PHAs receive operating funds and capital funds through a
formula allocation process; operating funds are used for management, administration and day-to-
day costs of running a housing development, and capital funds are used for modernization needs
(i.e., replacing a roof or heating and cooling system).27 Most PHAs own and manage the public
housing developments themselves, but some contract with private management companies or
transfer ownership to a private subsidiary or another entity that operates the development under
public housing rules.28
19
ASPCA, What Is Breed-Specific Legislation? Available at: https://www.aspca.org/improving-laws-animals/public-
policy/what-breed-specific-legislation (last visited March 17, 2023).
20
Id.
21
Ord. No. 89-22, § 2, 4-4-89
22
Ord. No. 251-A, § 2(4-17), 5-2-89. The ordinance is “designed to regulate pit bull dogs and to ensure responsible handling
by their owners through registration and confinement.”
23
Miami-Dade County Supervisor of Elections, 2012 Primary Election Results (see Repeal of County’s Pit Bull Dog Ban
results), available at https://enr.electionsfl.org/DAD/3042/Summary/ (last visited March 17, 2023).
24
Congressional Research Service, Overview of Federal Housing Assistance Programs and Policy, available at:
https://crsreports.congress.gov/product/pdf/RL/RL34591 (last visited March 17, 2023). Low-income is defined as earning at
or below 80 percent of area median income for these purposes.
25
Id. Extremely low-income is defined as earning at or below the greater of 30 percent of area median income or the federal
poverty guidelines.
26
Id.
27
Id.
28
Center on Budget and Policy Priorities, Policy Basics: Public Housing, available at: https://www.cbpp.org/research/public-
housing (last visited March 17, 2023).
BILL: SB 942 Page 5
There are 99 active HUD-registered PHAs in Florida,29 of which 91 are special districts.30 PHAs
are created pursuant to Florida law at municipal, county, and regional levels, and become active
through resolution by the applicable governing body. The powers of each authority are vested in
housing authority commissioners and action may be taken upon a majority vote of the
commissioners.31 Housing authorities have the power to:
Acquire, lease, and operate housing projects.
Provide for the construction, reconstruction, improvement, alteration, or repair of any
housing project.
Lease or rent dwellings, houses, accommodations, lands, buildings, structures, or facilities
embraced in any housing project.
Invest funds held in reserves or sinking funds.32
Pet Regulation in Public Housing Authorities
HUD regulations permit public housing tenants to own common household pets.33 However, HUD
allows local PHAs to enforce reasonable restrictions on the types of common household pets
allowed in their rules and policies.34 A tenant in public housing must maintain each pet responsibly,
in accordance with relevant state and local public health, animal control and anti-cruelty laws, and
in accordance with the policies established in the PHA’s Annual Plan.35
A PHA’s reasonable requirements for pet policies in general occupancy developments may include
but are not limited to tenant and pet density; size, weight, and type of pets; pet fees and deposits;
pet care and handling; and pet registration. PHAs have discretion to consider additional factors if
reasonable and consistent with state or local law.36
Currently, some PHAs include provisions in their policies prohibiting pets based on breed, size,
weight, behavior, or training of the pet.37 However, some regulations based on breed do not depend
on a finding that the pet is vicious or dangerous. Additionally, the definition of “dangerous dog”
under Florida law is not uniformly applied in all PHA policies.38
29 HUD, Public Housing Authority Contact Information, available at:
https://www.hud.gov/sites/dfiles/PIH/documents/PHA_Contact_Report_FL.pdf (last visited March 17, 2023).
30 Florida Department of Economic Opportunity, Official List of Special Districts, available at:
https://specialdistrictreports.floridajobs.org/OfficialList/CustomList (last visited March 17, 2023). To generate the special
district list, select “Housing Authority” from the “Option 7: Select Special Purposes” field.
31 Section 421.05(2), F.S.
32 Section 421.08, F.S.
33
See HUD’s Public Housing Occupancy Guidebook: Pet Ownership in Public Housing, (Dec. 2020), available at:
https://www.hud.gov/sites/dfiles/PIH/documents/PHOGPetOwnership.pdf (last visited March 17, 2023).
34
24 CFR § 5.318(a); § 960.707(b)
35
24 CFR § 960.707(a)
36
24 CFR § 960.707
37
See e.g., Tampa Housing Authority , https://www.thafl.com/Departments/Real-Estate-Development/library/PHA-
PLAN.pdf (last visited March27, 2023) (forbidding certain breeds and regulating weight of dog); St. Petersburg Housing
Authority, https://www.stpeteha.org/plugins/show_image.php?id=1912 (last visited March 17, 2023) (certain breeds may be
prohibited at the discretion of [St. Petersburg Housing Authority]); Key West Housing Authority,
https://www.kwha.org/egov/documents/1614973714_73249.pdf (last visited March 17, 2023) (prohibiting certain breeds of
dog and regulating weight).
38
See s. 767.11(1), F.S.
BILL: SB 942 Page 6
III. Effect of Proposed Changes:
SB 942 amends s. 767.14, F.S., to add size and weight to the prohibited topics which a local
government may not use to regulate dogs in their jurisdiction. Currently only breed-specific
ordinances are not allowable.
The bill also authorizes PHAs to adopt rules or policies imposing restrictions or further
requirements on owners of dogs, as lon