Florida Statute 767.13 - 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. 767.13

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.

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Amendments to 767.13

Annotations, Discussions, Cases:

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

Cases Citing Statute 767.13

Total Results: 7

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

its owner." The statute expressly provides in § 767.13(1), F.S. that before a dog [who has been] declared

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

kill at least three domestic animals before section 767.13(1) would require its destruction. The parties

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

small child, she could not be liable under section 767.13, Florida Statutes, for the acts of her dangerous

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

specifically prohibited by the "Dangerous Dog Act," section 767.13(2), Florida Statutes (2003). Second, he claims

County of Pasco v. Riehl

635 So. 2d 17, 19 Fla. L. Weekly Supp. 183, 1994 Fla. LEXIS 489, 1994 WL 124318

Supreme Court of Florida | Filed: Apr 14, 1994 | Docket: 64747658

Cited 1 times | Published

on appeal that the dog is not dangerous. See § 767.-13(1), F3a.Stat. (1991). Section 767.12(1) states

ANDY STRICKLAND v. BOARD OF COMMISSIONERS OF PINELLAS COUNTY, FLORIDA

261 So. 3d 700

District Court of Appeal of Florida | Filed: Dec 12, 2018 | Docket: 8395124

Published

damage, injury, or death. That version of section 767.13(2), notably, prescribed criminal liability

City of Ocala v. Green

988 So. 2d 114, 2008 Fla. App. LEXIS 11432, 2008 WL 2851717

District Court of Appeal of Florida | Filed: Jul 25, 2008 | Docket: 1385135

Published

criminally for violating Florida's dog bite law, section 767.13, Florida Statutes (2007). The city now seeks