§ 14-49. Classification of dogs as dangerous.

(a)

The animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any officer, desiring to have a dog classified as dangerous. The affidavit requesting the investigation must be presented to the animal control authority within 30 days of the incident leading to the request. The director of the animal control authority, or designee, may grant a deadline extension upon due cause and extenuating circumstances for a period not to exceed an additional 30 days. If the animal is quarantined or impounded pursuant to section 14-50, the animal shall remain impounded and be disposed of in accordance with that section. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority shall be humanely and safely confined by the owner in a secure enclosure pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The owner shall provide the address where the dog shall be so confined, and the manner of confinement, to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed these same provisions shall apply and the dog shall not be relocated or ownership transferred.

(b)

Exemptions.

(1)

A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member.

(2)

A dog may not be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(3)

Any dog that is owned, or the service of which is employed, by a law enforcement agency, is exempt from these provisions.

(4)

Any dog used as a service dog for blind, hearing impaired, or disabled persons that bites another animal or a human is exempt from any quarantine requirement following such bite if the dog has a current rabies vaccination that was administrated by a licensed veterinarian.

(5)

A hunting dog engaged in any legal hunt or training procedure is exempt from this section.

(6)

Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from this section when engaged in any legal procedures. However, such dogs at all other times in all other respects are subject to this article and other County Code provisions. Dogs that have been classified as dangerous may not be used for hunting purposes.

(7)

The dog attacks or bites a human who is engaged in or attempting to engage in criminal activity at the time of the attack.

(8)

The dog attacks or bites another dog or domesticated animal that, at the time, is on the property of the attacking dog's owner without the owner's consent.

(c)

After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. 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 F.S. ch. 48 relating to service of process. The owner may file a written request for hearing regarding the dangerous dog classification, penalty, or both, at the address indicated on the sufficient cause finding within seven calendar days after receipt of the notification of the sufficient cause finding and proposed penalty. If the owner requests a hearing, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than five days after receipt of the request from the owner. Such hearing shall be conducted according to the procedures set forth in subsection (e). 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.

(d)

The board shall appoint a special magistrate to conduct dangerous dog classification hearings. The special magistrate must be an attorney in good standing to practice law in the state. A copy of the rules of procedure for dangerous dog classification hearings shall be made available to any person who requests a hearing. The special magistrate shall hear all relevant evidence from the animal owner, the animal control authority, and any witness with information relevant to the dangerous dog classification, including any victim, if applicable. The animal control authority shall provide notice of the special magistrate's determination to the owner by registered mail, certified hand delivery or service. If classified as dangerous, the notice shall include the basis for declaring the dog dangerous, a description of the dog, and describe the responsibility of the owner for maintenance of the dog under this article.

(e)

Dangerous dog hearing procedure. Pursuant to F.S. ch. 767, part II, the following procedure shall apply to dangerous dog hearings held before the special magistrate:

(1)

The purpose of the dangerous dog hearing is to provide an appeal procedure for the owner of a dog that has been deemed dangerous in accordance with F.S. ch. 767, part II, The dog owner has the opportunity to refute the animal control authority's findings of sufficient cause to classify the dog as dangerous. This hearing process shall afford the owner an opportunity for a hearing prior to making a final determination regarding the classification or penalty.

(2)

The owner must file a written request for a hearing regarding the dangerous dog classification, penalty, or both, within seven calendar days after receipt of the notification of the sufficient cause finding and proposed penalty.

(3)

This hearing shall be held no sooner than five days and no longer 21 days after the animal control authority receives the request from the owner. The animal control authority shall set a date for hearing upon receipt of the owner's written request.

(4)

The special magistrate shall bring the hearing to order. The animal control authority will then have 20 minutes to present its case, including, but not limited to, witnesses; photographs of the dog(s) and/or victim(s); sworn affidavits; previously issued citations to the dog(s) subject to the dangerous dog hearing; and, other types of information that will be used to support the animal control authority's claims. Once the animal control authority has presented its case, the dog owner will have 20 minutes to present his/her case, including, but not limited to, witnesses; photographs of the dog(s) and/or victim(s); sworn affidavits; previously issued citations to the dog(s) subject to the dangerous dog hearing; and, other types of information that will be used to support the dog owner's claims.

(5)

The animal control authority must prove its case by clear and convincing evidence.

(6)

The special magistrate shall render a decision at the same meeting.

(7)

Upon a dangerous dog classification and penalty becoming final after a hearing or by operation of law, the animal control authority shall provide a written final order to the owner by registered mail, certified mail, or service in accordance with F.S. ch. 48.

(8)

The owner may appeal the determination, penalty, or both, to the Eighteenth Judicial Circuit Court in accordance with the Florida Rules of Appellate Procedure and F.S. § 767.12(4) after receipt of the final order. The owner must file a timely appeal in order to preserve his/her rights.

(f)

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, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority, and the certificate shall be renewed annually. The animal control authority is authorized to issue such certificates of registration, and the renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of:

(1)

A current certificate of rabies vaccination and animal registration tag for the dog.

(2)

A proper enclosure to confine the dangerous dog, and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

(3)

Permanent identification of the dangerous dog, such as a tattoo or an electronic implantation, as specified by the animal control authority, within 24 hours of release.

(4)

Payment of the applicable annual fee for the issuance of certificate of registration required by this section. The annual fee shall be established by the board.

(5)

Payment of any boarding costs, impound fees, any and all current or outstanding civil citations, and any other fines or fees associated with, related to, or arising from the incident, investigation, and any hearing or appeal procedure under this section.

(6)

Proof that the owner has procured liability insurance in the amount of at least $100,000.00 covering any damage or injury which may be caused by the dangerous dog during the 12-month period for which licensing is sought. The owner shall name the animal control authority as a certificate holder and notify the animal control authority of any cancellation, modification, expiration or termination of the liability policy required by this section.

(7)

The owner shall obtain a dangerous dog tag from the animal control authority which shall be worn by the dog at all times. The purpose of the tag shall be to provide immediate identification to the animal control authority and the public that the dog has been declared dangerous.

(8)

The dog shall be spayed/neutered unless a licensed veterinarian has examined the dog and certifies, in writing (with a copy provided to the animal control authority within such 14 day period), that at such time spaying/neutering the dog would endanger its health. Under that circumstance, the dog shall be spayed/neutered as soon as its health permits.

(9)

Within 90 days, the owner shall attend a dangerous dog owner orientation course conducted by the animal control authority, or designee.

(10)

Five years after the date that the dog was declared dangerous, the owner may request a reduction of the annual dangerous dog certification fee. Any such request shall be granted in the event that there have been no violations of this article since the dog was declared dangerous. However, a dangerous dog declaration is permanent and shall never be removed from the dog once the determination has been finalized and the time for all appeals has passed.

(g)

The owner shall immediately notify the animal control authority when a dog that has been declared as dangerous is:

(1)

Loose, at large or unconfined.

(2)

Has bitten a human being or attacked another animal.

(3)

Is sold, given away, stolen or dies.

(4)

Is moved to an address other than that stated in the certificate of registration.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this article. The animal control authority must be notified by the owner of a dog classified as dangerous when that dog is moved into the county. When the animal control authority receives notice that a dog classified as dangerous is to be moved out of the county, the animal control authority may provide a courtesy notice to the animal control authority of the receiving jurisdiction.

(h)

It is a violation of this article for the owner of a dangerous dog to permit, whether intentionally or negligently, the dog to be outside of the locked, secure enclosure described in subsection (f)(2), unless the dog is muzzled and restrained by a substantial, non-retractable chain or leash and under control of a competent person. 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 any person or animal. The owner may exercise the dog in a secure enclosure that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the owner's immediate household are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

(i)

Dogs declared dangerous shall not be allowed in any off-leash park or any dog beach within the county.

(j)

The owner of a dangerous dog shall permit unannounced inspections by the animal control authority to determine the owner's compliance with this section.

(k)

Any person who fails to comply with any provision of this section commits a violation of this article. In addition to any applicable civil penalty, if a violation results in an immediate and direct risk of harm to the general public, the animal control authority shall impound the dangerous dog, shall provide written notice to the owner, and require the owner comply with any requirements in the final order within ten days after receipt of such notice. If the owner of a dog impounded under this subsection believes that there has not been such a violation, the owner may file a petition for injunctive relief in the Eighteenth Judicial Circuit Court requesting that the impounded dog not be destroyed. The petition must be filed within ten business days of the owner's receipt of notice of impoundment of the dog, and notice of the petition must be timely served upon the animal control authority. If the circuit court finds that there has been no violation of this section, such dog shall be released to the custody of the owner. In the event that the circuit court denies the petition for injunction, the owner shall be responsible for all impoundment fees and maintenance costs incurred for such dog.

(Ord. No. 93-05, § 1(4-9), 4-13-93; Ord. No. 93-11, § 1(4-9), 6-8-93; Ord. No. 94-24, § 1, 11-15-94; Ord. No. 95-132, § 6, 5-2-95; Ord. No. 95-57, § 1, 12-12-95; Ord. No. 97-10, § 3, 3-25-97; Ord. No. 98-01, § 7, 1-20-98; Ord. No. 2000-06, § 2, 1-25-00; Ord. No. 04-04, § 3, 2-17-04; Ord. No. 2014-27, § 1, 9-16-14; Ord. No. 2018-02, § 1, 1-23-18)

State law reference

Dangerous dogs, F.S. § 767.10 et seq.