Florida Statute 767.11 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLV
TORTS

Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS

View Entire Chapter

F.S. 767.11

767.11 Definitions.—As used in this act, unless the context clearly requires otherwise:

(1) “Dangerous dog” means any dog that according to the records of the appropriate authority:

(a) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property;

(b) Has more than once severely injured or killed a domestic animal while off the owner’s property; or

(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.

(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.

(3) “Severe injury” means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery.

(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. 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.

(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 laws of the city, county, or state. 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.

(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.

(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.

History.—s. 2, ch. 90-180; s. 2, ch. 93-13; s. 1156, ch. 97-102; s. 1, ch. 2011-211.

F.S. 767.11 on Google Scholar

F.S. 767.11 on CourtListener

Amendments to 767.11

Annotations, Discussions, Cases:

Cases Citing Statute 767.11

Total Results: 8

Wipperfurth v. Huie

654 So. 2d 116, 1995 WL 94414

Supreme Court of Florida | Filed: Mar 9, 1995 | Docket: 2523982

Cited 6 times | Published

October 1, 1990, the legislature placed in force section 767.11(7), which defines owner as "any person, firm

County of Pasco v. Riehl

620 So. 2d 229, 1993 WL 210576

District Court of Appeal of Florida | Filed: Jun 16, 1993 | Docket: 1387560

Cited 4 times | Published

appropriate authority, has bitten, attacked.... § 767.11(1), F.S. At the hearing of this case, the [county]

Hoesch v. Broward County

53 So. 3d 1177, 2011 Fla. App. LEXIS 1510, 2011 WL 408882

District Court of Appeal of Florida | Filed: Feb 9, 2011 | Docket: 2408100

Cited 1 times | Published

ordinance 4-2(k)(2) but not Florida statute section 767.11(1)(b). Likewise, Broward ordinance 4-12(j)(2)

State v. Nowlin

50 So. 3d 79, 2010 Fla. App. LEXIS 19006, 2010 WL 5072109

District Court of Appeal of Florida | Filed: Dec 14, 2010 | Docket: 60297358

Cited 1 times | Published

adult to be a responsible dog “owner” under section 767.11(7). And “[t]here are no other facts to show

Trammell v. Thomason

559 F. Supp. 2d 1281, 2008 U.S. Dist. LEXIS 44210, 2008 WL 2338085

District Court, M.D. Florida | Filed: Jun 3, 2008 | Docket: 1819746

Cited 1 times | Published

"dangerous dogs" as that term in defined in Fla. Stat. § 767.11(1) and not to address police work dogs performing

Freeman v. State

969 So. 2d 473, 2007 WL 3390896

District Court of Appeal of Florida | Filed: Nov 16, 2007 | Docket: 2533996

Cited 1 times | Published

dutifully investigated by the appropriate authority. § 767.11(1), Fla. Stat. (2003). In contrast, manslaughter

Beny Krasner v. Miami-Dade County

District Court of Appeal of Florida | Filed: Jul 24, 2024 | Docket: 68307566

Published

boarding costs and other fees as may be 3 Section 767.11(1)(a)-(c) of the Florida Statutes (2023), generally

Huie v. Wipperfurth

632 So. 2d 1109, 1994 Fla. App. LEXIS 1682, 1994 WL 63320

District Court of Appeal of Florida | Filed: Mar 4, 1994 | Docket: 64746740

Published

keeping, or having control or custody of an animal.” § 767.11(7), Fla.Stat. (Supp.1990). The trial court, however