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Florida Statute 767.13 | Lawyer Caselaw & Research
F.S. 767.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 767.13

The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS
Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS
View Entire Chapter
F.S. 767.13
767.13 Attack or bite by dangerous dog; penalties; confiscation; destruction.
(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. 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. This 10-day time period shall allow the owner to request a hearing under s. 767.12. 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.
(2) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 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. This 10-day time period shall allow the owner to request a hearing under s. 767.12. 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.
(3) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending.
(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.
History.s. 4, ch. 90-180; s. 4, ch. 93-13; s. 4, ch. 94-339; s. 3, ch. 2016-16.

F.S. 767.13 on Google Scholar

F.S. 767.13 on Casetext

Amendments to 767.13


Arrestable Offenses / Crimes under Fla. Stat. 767.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

S767.13 1 - CRIMES AGAINST PERSON - ATTACK BY KNOWN DANGEROUS DOG - M: F
S767.13 2 - CRIMES AGAINST PERSON - REMOVED - M: S
S767.13 2 - CRIMES AGAINST PERSON - INJURY OR DEATH BY DANGEROUS DOG - F: T
S767.13 3 - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 8391 - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

G. STRICKLAND, v. PINELLAS COUNTY,, 261 So. 3d 700 (Fla. App. Ct. 2018)

. . . The letter set forth sections 767.01, 767.13(2), and 784.05(1), Florida Statutes (2015), which apply . . . That version of section 767.13(2), notably, prescribed criminal liability for an owner "[i]f a dog that . . . stated that his dog exhibits potentially "dangerous propensities," which is a term used in section 767.13 . . . (2), designating an animal as having "dangerous propensities" as that term is used in section 767.13( . . . Section 767.13(2) has since been amended and no longer imposes liability for a dog that has not been . . .

HOESCH v. BROWARD COUNTY,, 53 So. 3d 1177 (Fla. Dist. Ct. App. 2011)

. . . Likewise, Broward ordinance 4-12(j)(2) requires the dog’s destruction, but section 767.13 does not. . . . The argued conflict between section 767.13 and Broward County ordinance section 4-12(j)(2), however, . . . Section 767.13(1) requires the destruction of a dog that has previously been declared dangerous if it . . . See 767.11(l)(b); 767.13(1). . . . See 767.11(l)(b); 767.13. . . .

STATE v. NOWLIN,, 50 So. 3d 79 (Fla. Dist. Ct. App. 2010)

. . . showed Nowlin knew her dog had previously bitten a small child, she could not be liable under section 767.13 . . .

CITY OF OCALA, v. GREEN,, 988 So. 2d 114 (Fla. Dist. Ct. App. 2008)

. . . Green was not prosecuted and convicted criminally for violating Florida’s dog bite law, section 767.13 . . . (a) The provisions of F.S. s. 767.13 are adopted by reference. . . . (b) All references in F.S. s. 767.13(1), (2) and (3), as adopted in this section,' to a notification . . . Section 767.13(1), Florida Statutes, the statute “adopted by reference” in section 14-62, provides: 767.13 . . . Section 767.13(1) is clear. . . .

FREEMAN, v. STATE, 969 So. 2d 473 (Fla. Dist. Ct. App. 2007)

. . . because the actions alleged and proved were specifically prohibited by the “Dangerous Dog Act,” section 767.13 . . . In particular, section 767.13(2) only requires proof of the dog owner’s “knowledge of the dog’s dangerous . . . While section 767.13(2) requires “reckless disregard for such propensities under the circumstances,” . . . Denial of Requested Jury Instruction Freeman requested an instruction on section 767.13(2) as a lesser . . . Consequently, the requested lesser-included violation of section 767.13(2) was two steps removed and . . .

SIMMONS, v. HONRATH,, 883 F. Supp. 371 (E.D. Wis. 1995)

. . . . § 767.13. . . .

COUNTY OF PASCO, v. RIEHL,, 620 So. 2d 229 (Fla. Dist. Ct. App. 1993)

. . . The statute expressly provides in § 767.13(1), F.S. that before a dog [who has been] declared dangerous . . . bites again, without provocation, is destroyed, and in § 767.13(2), F.S. that before a dog[, which has . . .

In FLORIDA PRECAST CONCRETE, INC., 144 B.R. 928 (Bankr. M.D. Fla. 1992)

. . . C & S has filed an amended claim in the amount of $1,533,-767.13. . . .

D. BLAZEL, v. BRADLEY, III,, 698 F. Supp. 756 (W.D. Wis. 1988)

. . . . § 767.13, and issuing temporary orders for support of spouse and children, Wis. Stat. § 767.23. . . .

ROSS, v. ARNOLD,, 575 F. Supp. 1494 (E.D. Wis. 1983)

. . . . §§ 767.13(l)(b); 757.69(7); 767.40; 785.06. . . .

NEW YORK CENTRAL RAILROAD COMPANY, v. GENERAL MOTORS CORPORATION,, 182 F. Supp. 273 (N.D. Ohio 1960)

. . . Sendry), $1,-767.13 (court costs and expenses of litigating the Martin J. . . .