Florida Statute 767.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 767
DAMAGE BY DOGS; DANGEROUS DOGS

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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 Casetext

Amendments to 767.11

Arrestable Offenses / Crimes under Fla. Stat. 767.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 767.11.

Annotations, Discussions, Cases:

Cases Citing Statute 767.11

Total Results: 8

Beny Krasner v. Miami-Dade County

Court: District Court of Appeal of Florida | Date Filed: 2024-07-24

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

Hoesch v. Broward County

Court: District Court of Appeal of Florida | Date Filed: 2011-02-09

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

Snippet: domestic animal while off the owner's property." 767.11(1)(b), Fla. Stat. (2010) (emphasis added). Florida

State v. Nowlin

Court: District Court of Appeal of Florida | Date Filed: 2010-12-14

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

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

Freeman v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-16

Citation: 969 So. 2d 473, 2007 WL 3390896

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-02-21

Snippet: defining "Law enforcement officer."And see, s. 767.11(6), Fla. Stat., defining "Animal control officer"

Wipperfurth v. Huie

Court: Supreme Court of Florida | Date Filed: 1995-03-09

Citation: 654 So. 2d 116, 1995 WL 94414

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

Huie v. Wipperfurth

Court: District Court of Appeal of Florida | Date Filed: 1994-03-04

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

Snippet: not a defense to actions brought under sections 767.011 and 767.04, Florida Statutes (1981). In applying

County of Pasco v. Riehl

Court: District Court of Appeal of Florida | Date Filed: 1993-06-16

Citation: 620 So. 2d 229, 1993 WL 210576

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