Florida Statutes

Fla. Stat. § 767.13 (2025)

Attack or bite by dangerous dog; penalties; confiscation; destruction.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The dangerous dog must be immediately confiscated by an animal control authority; placed in quarantine, if necessary, for the proper length of time; 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. The owner may request a hearing under s. 767.12 during the 10 business days after such notification. The owner is 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 commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The dog must be immediately confiscated by an animal control authority; placed in quarantine, if necessary, for the proper length of time; 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. The owner may request a hearing under s. 767.12 during the 10 business days after such notification. The owner is 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; s. 6, ch. 2025-61.

Arrestable Offenses under F.S. 767.13

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§767.13(1)CRIMES AGAINST PERSONATTACK BY KNOWN DANGEROUS DOGM · 1st

§767.13(2)CRIMES AGAINST PERSONREMOVEDM · 2nd

§767.13(2)CRIMES AGAINST PERSONINJURY OR DEATH BY DANGEROUS DOGF · 2nd

§767.13(2)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 10787F · 3rd

§767.13(3)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 8391F · 3rd

Notes of Decisions

Cited in 7 cases, 1993–2018 · leading case: Freeman v. State, 969 So. 2d 473 (Fla. 5th DCA 2007).

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Freeman v. State, 969 So. 2d 473 (Fla. 5th DCA 2007). · cites it 14× “§ 767.13(2), Fla. Stat. (2003) (emphasis added).”

State of West Virginia v. Michael & Kim Blatt, 774 S.E.2d 570 (W. Va. 2015). · cites it 2× “Fla. Stat. § 767.13 (2) (1994); 3 Pa. Cons.”

Hoesch v. Broward Cnty., 53 So. 3d 1177 (Fla. 4th DCA 2011). · cites it 7× “Likewise, Broward ordinance 4-12(j)(2) requires the dog’s destruction, but section 767.13 does not. Broward attempts to avoid this suggestion of conflict by pointing to section 767.”

Cnty. of Pasco v. Riehl, 620 So. 2d 229 (Fla. 2d DCA 1993). · cites it 2× “" 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.”

State v. Nowlin, 50 So. 3d 79 (Fla. 1st DCA 2010). · cites it 2× “” The court further found that 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…”

Andy Strickland v. Bd. of Commissioners of Pinellas Cnty., Florida, 261 So. 3d 700 (Fla. 2d DCA 2018). · cites it 3× “That version of section 767.13(2), notably, prescribed criminal liability for an owner "[i]f a dog that has not been declared dangerous attacks and causes severe injury to or death of any human .”

City of Ocala v. Green, 988 So. 2d 114 (Fla. 5th DCA 2008). · cites it 7× “Green then sought relief in the circuit court, which stayed the order. After a hearing, the circuit court concluded that the proceeding against Ms.”

— 767.13(1) — 3 cases

Cnty. of Pasco v. Riehl, 620 So. 2d 229 (Fla. 2d DCA 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.”

Hoesch v. Broward Cnty., 53 So. 3d 1177 (Fla. 4th DCA 2011). “Likewise, Broward ordinance 4-12(j)(2) requires the dog’s destruction, but section 767.13 does not. Broward attempts to avoid this suggestion of conflict by pointing to section 767.”

City of Ocala v. Green, 988 So. 2d 114 (Fla. 5th DCA 2008). “Green then sought relief in the circuit court, which stayed the order. After a hearing, the circuit court concluded that the proceeding against Ms.”

— 767.13(2) — 4 cases

Freeman v. State, 969 So. 2d 473 (Fla. 5th DCA 2007). “§ 767.13(2), Fla. Stat. (2003) (emphasis added).”

Andy Strickland v. Bd. of Commissioners of Pinellas Cnty., Florida, 261 So. 3d 700 (Fla. 2d DCA 2018). “That version of section 767.13(2), notably, prescribed criminal liability for an owner "[i]f a dog that has not been declared dangerous attacks and causes severe injury to or death of any human .”

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