CopyCited 6 times | Published | Supreme Court of Florida | 1995 WL 94414
...Id. at 298-99. [3] Belcher interpreted the 1979 version of section
767.04 and this opinion is reviewing the 1989 version. Both versions, however, are substantially the same. [4] We note that effective October 1, 1990, the legislature placed in force section
767.11(7), which defines owner as "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 gu...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1993 WL 210576
...mmediately provide written notification to the owner of a dog that has been classified as dangerous. Importantly, a dangerous dog, as used in the act, means any dog that according to the records of the appropriate authority, has bitten, attacked.... § 767.11(1), F.S....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2007 WL 3390896
...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. § 767.11(1), Fla....
CopyCited 1 times | Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 44210, 2008 WL 2338085
...The City adds that the legislative intent in passing these statutes supports its interpretation. The City notes that Chapter 767 was expressly intended by the Florida Legislature to address the problem of "dangerous dogs" as that term in defined in Fla. Stat. § 767.11(1) and not to address police work dogs performing their duty in apprehending a suspect....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 1510, 2011 WL 408882
...4-12(j)(2) (emphasis added). Florida has specifically defined a "dangerous dog" as any dog that according to the records of the appropriate authority "[h]as more than once severely injured or killed a domestic animal while off the owner's property." 767.11(1)(b), Fla....
...A corollary of this presumption is that an appellate court will indulge every reasonable presumption in favor of an ordinance's constitutionality. Id. at 1203-04. It is undisputed that Mercedes is a "dangerous dog" pursuant to Broward ordinance 4-2(k)(2) but not Florida statute section 767.11(1)(b)....
...s 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. Id. (emphasis added). To wit, if a dog is designated as a "dangerous dog" as defined in section 767.11(1)(b), then the local government may enact additional restrictions or requirements on the owners of such dogs. Mercedes, however, is not a dangerous dog as defined by section 767.11(1)(b)....
...In other words, Broward County does not have a free hand in the area of animal control. With the case law and statutory framework in mind, we now turn to the ordinances at issue. The definition of the term "dangerous dog" in Broward ordinance section 4-2(k)(2) is in clear conflict with the definition set forth in section 767.11(1)(b)....
...Nothing in section
767.14, section
828.27(7), or general conflict law authorized Broward to alter the definition of the statutory term "dangerous dog." See Nicholson,
600 So.2d at 1103. Since Broward's definition of dangerous dog in section 4-2(k)(2) cannot coexist with the definition provided in section
767.11(1)(b), the ordinance and statute are in conflict....
...s, but it additionally requires the destruction of a dog not previously declared dangerous when it causes the death of a domestic animal. As noted previously, Florida requires a dog's destruction if it has killed at least three domestic animals. See
767.11(1)(b);
767.13(1)....
...Although Broward has not authorized an action that the legislature has expressly forbidden, see Mulligan,
934 So.2d at 1247, the destruction of a dog that has killed only a single domestic animal is forbidden when section
767.13 is read together with sections
767.11(1)(b) and
828.27(7)....
...Broward ordinance section 4-12(j)(2), however, regulates an area that is covered by state law. By requiring the destruction of a dog that has killed a single animal, Broward has vitiated the framework for dealing with dog attacks on other domestic animals that is set forth in chapter 767. See
767.11(1)(b);
767.13....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 19006, 2010 WL 5072109
...although the facts showed Nowlin knew her dog had previously bitten a small child, she could not be liable under section
767.13, Florida Statutes, for the acts of her dangerous dog since one must be an adult to be a responsible dog “owner” under section
767.11(7)....
CopyPublished | Florida 3rd District Court of Appeal
...dangerous dog classification or any penalty imposed under this
section. If the dog is to be destroyed, the dog may not be
destroyed while an appeal is pending. The owner is responsible
for payment of all boarding costs and other fees as may be
3
Section 767.11(1)(a)-(c) of the Florida Statutes (2023), generally defines a
“dangerous dog” as a dog that either has attacked a human being, killed or
severely injured another domestic animal, or chased a person in a menacing
fashion....
