East Coast Quality Breeders Association - Florida State Legislation

Flagler Beach - A revision of the city's animal control ordinance could clearly define the role Flagler Beach police officers play when they get calls about dangerous dogs -- very little. When a resident makes a complaint -- especially if it's an emergency like a dog attack -- animal control officers from the Flagler Humane Society should begin an investigation as soon as possible. But the extent of the involvement of Flagler Beach police should be limited to duties such as patrolling the residences of owners who were cited to be sure they are complying with orders to keep dogs properly restrained. Those are some of the guidelines city commissioners said Thursday they want emphasized in a rewrite of the ordinance they hope to pass in the near future. Meanwhile, the commission voted to continue the city's contract with the society's animal control services for the 2008-2009 fiscal year. The city will pay $5,030 -- a savings of $12,426 from the previous year's contract.

Walton County - A newly revised animal control ordinance will go into effect August 1 for all dog and cat owners in the unincorporated areas of Walton County, Florida. The ordinance will not impact dog and cat owners within the cities of Paxton, DeFuniak Springs or Freeport unless the individual municipalities adopt the ordinance for their cities, nor does it reference pet owners of any other kind of animal. It only applies to dog and cat owners. Emergency Response Director Ed Baltzley, who oversees the county’s Animal Control operations, says the revised ordinance, passed by county commissioners on July 8, is more definitive on the definitions of nuisance animals, pet dealers, fees and penalties related to impounded dogs and cats and pet owner violations. “This newly revised ordinance is a step in the right direction,” he says, “because our animal control officers can now take statements from witnesses of ordinance violations and protect residents from dangerous animals.” He says the revised ordinance also provides more protection for dogs and cats from animal abuse.

Florida Fish & Wildlife Conservation Commission's (FWC's) impending legislation against and/or changes to current regulations for wolves and wolfdogs. FWC will be abolishing the 75% rule and will require that all wolfdogs be licensed. In addition, FWC will be making the "wolfdog" determination based upon phenotype: behavior and morphology (i.e., looks). But here is the kicker: FWC is turning the phenotyping duties over to our local Animal Control (AC) agencies. If the AC personnel determine that a canine is a wolfdog, they will then inform FWC. This is even more problematic for canine owners since we know that most AC officers cannot tell a husky from a malamute from a wolfdog. In fact, having AC phenotype our animals is MUCH worse than having FWC phenotype them.
Information from Florida Lupine Association (FLA)

HB0101 - An ACT relating to dangerous dogs; amending 767.14, F.S.; eliminating the prohibition of breed-specific local government regulation of dangerous dogs
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0101__.doc&DocumentType=Bill&BillNumber=0101&Session=2008
Status: Died in Committee on Agribusiness on Friday, May 02, 2008 6:02 PM

HB0219 - An act relating to the Gertrude Maxwell Save a Pet Act; providing a short title; creating s. 570.236, F.S.; creating a direct-support organization for the Department of Agriculture and Consumer Services; providing for the organization and operation of the direct-support organization; providing for a contract; providing for a board of directors; providing for the use of property, facilities, and personal services of the Department of Agriculture and Consumer Services by the direct-support organization; providing restrictions; providing for the deposit of moneys; providing for an annual audit; providing limits on the direct-support organization; specifying inapplicability of potentially conflicting provision of law; providing an effective date. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0219er.xml&DocumentType=Bill&BillNumber=0219&Session=2008
Status: 05/28/08 Approved by Governor; Chapter No. 2008-72 on Wednesday, May 28, 2008 2:57 PM

SB444 - Sale of Dogs and Cats/DOACS [RPCC]: Redefines the term "pet dealer" for purposes of provisions authorizing a purchaser to return an animal to the pet dealer and receive a refund, exchange the animal, or receive a reimbursement of expenses. Authorizes the Department of Agriculture and Consumer Services to enforce statutory provisions related to the sale of dogs and cats, etc. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_s0444c1.DOC&DocumentType=Bill&BillNumber=0444&Session=2008
Status: Died in Committee on General Government Appropriations Monday, May 05, 2008 7:11 AM

Collier County - (5/20/08) - Animal Services has failed to conduct an educational outreach program, and perhaps the Collier County sheriff should get involved. One can’t educate the dogs, but professionals can educate the owners, advocates said. At the May 27 commission meeting, Collier leaders will see a slate of proposed changes to the ordinance on animal control. Tentatively proposed in an April 17 memo between Townsend and Assistant County Attorney Colleen Greene, the following are among the revisions to the county’s Dangerous Dog Ordinance under consideration:
• Provide that any person who violates any provision of the Dangerous Dog Ordinance is guilty of a fine not to exceed $500. The violation will be issued by DAS officers and may be appealed to the county’s special magistrate in the same manner as a code enforcement violation.
• Add a strong definition of proper enclosure. The current ordinance provides that DAS will conduct a site visit prior to releasing a dangerous dog and issuing certification of registration, which allows DAS to confirm enclosure and that all other registration requirements are met.
• Provide that DAS may impound any dog under investigation if DAS has reason to believe that the owner is unable or unwilling to securely confine the animal during the investigation. The owner must allow DAS access to the dog to impound the dog during the investigation. The dog’s owner would be held responsible for all costs during impoundment unless the dog isn’t ultimately declared dangerous.
• Specifically provide for payment of all costs incurred to care for dangerous dogs, including those costs incurred when dog must be destroyed.
• Additional licensing fees, not exceeding $125, for an animal declared dangerous that is neither spayed or neutered.
• Require that dangerous dogs wear a muzzle when taken off its owner’s property. The muzzle must allow the animal to pant and drink.
• Require obedience training for dangerous dogs and their owners. The owner will be required to provide proof of training within 30 days from the date the animal is registered. Failure to provide proof of training will result in a fine.
• Failure to comply with all provisions of the ordinance could result in forfeiture of the ownership of the dog.
• Owners of dangerous dogs will not be allowed to adopt dogs in the future from DAS.
County government spokeswoman Camden Smith noted that these proposed changes were reviewed by the DAS Advisory Board, and a final document will be part of a future County Commission agenda. http://www.naplesnews.com/news/2008/may/17/collier-looks-revamp-its-dangerous-dog-ordinance/ UPDATE: Passed 06/11/08

Lee County - Fort Myers - commissioners want to reclassify ANY dog that has ANY wolf content as wildlife and want to leave it up to local AC to determine whether a dog has "wolf" in it. It requires special permits and containment and acreage requirements that may be fine for a wild wolf, but for a wolf dog of low content.
FYI - Wolf "hybrids" which wolf dogs are NOT, because hybrid is a term used for the crossing of two different species. DNA studies show dogs and wolves to be the same.

Naples - Collier County commissioners are considering a new law, owners to keep their dangerous dogs under better control - or they lose the dogs. The proposed ordinance goes on for nearly 20 pages. It covers acceptable dog houses and other enclosures for dangerous dogs, training for cited dogs and owners, and additional annual tag fees for dogs that are not neutered. It also mentions muzzles. http://www.naplesnews.com/news/2008/may/21/editorial-muzzle-proposed-pet-law

Pasco County - (5/19/08) Animal Liberation and Rights Movement (ALARM) is under way in Pasco County with 25 members already. The members are in the process of drafting a mandatory spay and neuter bill for Florida to be known as Sam's Bill. We are currently collecting arguments for or against mandatory spaying and neutering. A mandatory spay and neuter bill would require all pets to be spayed or neutered prior to 6 months of age. All pets spayed or neutered could be tracked via pet microchipping. Sam's Bill in no way meant to police households or breeders, but to end the practice of euthanasia for pet population control purposes. If households with unaltered pets or breeders are caught, then hefty fines should be imposed. The bill would save Animal Services thousands of dollars each year as individual costs for euthanizing animals is more than $100 per pet, according to Pasco County Animal Services. The costs include the lethal dose of medicine, one syringe, one needle, prep material, waste fees, veterinary costs and body disposal fees via cremation or burial services. Animal Services also has food and shelter costs for the pet until it is euthanized. We are counting on the support of people who care about the welfare of animals. Arguments for or against Sam's Bill should be mailed to ALARM at P.O. Box 2103, Elfers, FL 34680. E-mail us at alarmsamsbill@yahoo.com

Volusia - (6/4/08) - Some Volusia County Council members believe mandatory spaying or neutering of pets in unincorporated areas will cut down on the deaths. Other council members are less certain, as they prepare to consider the plan Thursday. Public opinion is also split. Supporters and opponents have lobbied council members. "I've gotten more e-mails, both pro and con, on this than any item recently," said Councilwoman Pat Northey, who supports the plan. Kathy Lucas of Longwood in Seminole County picketed with 15 members of Pet Liberty Volusia outside the county administration building in DeLand on Tuesday to oppose the plan. The group formed in May after the council first discussed mandatory spaying and neutering. If the council approves mandatory spaying and neutering for unincorporated areas, some council members want to encourage cities to enact the same requirement. As an inducement to the cities, Volusia would buy and equip another bus to offer low-cost spaying and neutering. Total costs, including operating the bus for a year, would be about $500,000. Cities would split the $92,000 in operating expenses. Show or competition cats and dogs, animals unfit to undergo the procedure, law enforcement dogs, service animals, cats or dogs used for breeding and hunting or herding dogs can be exempt from the ordinance. County Council meets Thursday, (6/5/08) 9 a.m.; public participation starts at 8:30 a.m. at the Thomas C. Kelly Administration Center, DeLand. http://www.news-journalonline.com/NewsJournalOnline/News/Local/newWEST03060408.htm UPDATE: (6/5/08) - County leaders voted in favor of mandatory spay and neutering for all pets Thursday. It goes into effect September 1. There were dozens who packed Volusia County council chambers Thursday to fight a proposed law that would require all pet owners to have their cats and dogs spayed or neutered or face serious fines. "We're killing more and more animals every day and it's costing this county a lot of money and it's costing a lot of animal lives and that's not right," said Volusia County Chairman Frank Bruno. After hours of debate, the new ordinance passed by a 5 to 2 vote. http://www.wftv.com/news/16514498/detail.html?rss=orlc&psp=news

Posted May 2008

HB101 - Died in Committee on Agribusiness - Friday, May 2, 2008 http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=37111&SessionId=57

Broward County - MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on Tuesday, May 13, 2008, at 2:00 P.M.in Room 422 of the Governmental Center to consider enactment of a proposed Ordinance, the title of which is as follows: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AMENDING CHAPTER 4 OF THE BROWARD COUNTY CODE OF ORDINANCES RELATING TO ANIMAL CARE AND REGULATION; AMENDING SECTION 4-2 TO INCLUDE IN THE DEFINITION OF "DANGEROUS DOG" A DOG THAT HAS KILLED A DOMESTIC ANIMAL ON ONE OCCASION; AMENDING SECTION 4-12 TO IMPOSE THE SAME PENALTIES UPON DANGEROUS DOGS AND THEIR OWNERS FOR THE DEATH OF DOMESTIC ANIMALS AS CURRENTLY PROVIDED FOR INJURIES CAUSED TO HUMANS; AMENDING SECTION 4-14.5 TO CLARIFY WHICH ANIMALS ARE SUBJECT TO MUZZLE AND LEASH REQUIREMENTS; AMENDING SECTION 4-14 TO REQUIRE REPORTING OF ANIMALS THAT BITE HUMANS AND DOMESTIC ANIMALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (Sponsored by Commissioner Ken Keechl)

Volusia - County Council will be holding a workshop on a spay/neuter ordinance on May 1, 2008 UPDATE: Proposed MSN ordinance discussed won't apply to residents inside city limits -- though county officials say they hope cities will adopt similar provisions once the county's operation is up and running. For pet owners in unincorporated parts of the county, the new ordinance includes several provisions: Any dog or cat older than six months would be sterilized, unless it meets the criteria for an exception. Those criteria include animals intended to be shown or bred, animals that are too old or sick to undergo the operation, or working dogs used by police or the disabled. Unaltered dogs or cats meeting one of those exceptions would be required to wear a county-issued tag and be microchipped for identification. The tag would be available at no cost; microchips cost about $20. Spayed/neutered animals would not be required to wear tags. http://www.news-journalonline.com/NewsJournalOnline/Opinion/Editorials/opnOPN07051008.htm

Posted April 2008

HB101 - General Bill - Dangerous Dogs - Eliminates prohibition of breed specific local government regulation of dangerous dogs. Last event: 1st reading Tuesday, March 4, 2008.

Miami, city of - anti-tethering ordinance passed. Ordinance sets down limitations, locations where a dog can be tethered, type of collar and type of tether. Passed 4/10/08

Palm Beach County- Less than two months after winning approval to regulate dog and cat breeders in Palm Beach County, Dianne Sauve has a new target: pet stores. Sauve, the county's animal care and control director, wants to require stores that sell puppies and kittens to tell her where they are getting the animals from and whom they are selling to. Current laws allow her to request the information, she said, and her department is already working on reporting forms for the stores to fill out. The information will allow animal control officers to follow up with owners and see whether the pet has been spayed or neutered. If it hasn't, the owner will have to pay a $75 fee to register it and may be required to get a breeder's permit.

Walton County - County is in the process of making changes to the Animal Control Ordinance. Board directed the Animal Control Department to come up with language that would make the changes to the ordinance more effective. A public meeting scheduled for Tues April 8th

Posted March 2008

HB101 - An act, relating to dangerous dogs. Eliminates prohibition of breed specific local government regulation of dangerous dogs. UPDATE: a new house bill gives local governements more authority over specific breeds.

Legislation would allow pit bull bans

Okaloosa County - A second lawsuit has been filed against Okaloosa County seeking to have its ordinance requiring that dog and cat owners pay a $10 license fee declared unconstitutional. Destin attorney Tom Hoffer, with the law firm of Matthews & Hawkins filed the suit. The law firm is researching the issue to see if they can meet the requirements to file a class action lawsuit. If successful the county would have to return all the money it has collected from the license fees since they were implemented in 1992

'DANGEROUS' DOG BREED(S) BILL IS GOING THROUGH FLORIDA LEGISLATURE - NOT GOOD!
MIAMI, Florida, March 8 (NationalDogPress.com) --

A new bill making its way through the Legislature that would allow cities to ban any breed of dog they deem dangerous to their communities has two of the nation's largest animal rights groups taking opposite sides. The bill, sponsored by Perry Thurston, D-Plantation, would give cities the right to ban breeds responsible for a large number of attacks, just as pit bulls have been banned in Miami-Dade for the past 20 years. HB 101 would amend the state's existing ''Damage by Dogs'' statute, which limits municipalities from banning specific breeds, but holds owners liable for injuries and damage caused by their dogs. ''My primary concern is for the safety of other people and their pets, who have to deal with dangerous dogs on the streets, in dog parks, and even outside of their own homes,'' Thurston said.

People for the Ethical Treatment of Animals supports the bill, which if approved by the Legislature, could go into effect July 1. Stephanie Bell, senior cruelty caseworker for PETA, said the bill would help keep breeds of dogs out of the hands of dog owners who deliberately raise their dog to be vicious for home defense or blood sports. But The Humane Society of the United States, the Florida Animal Control Association and the American Veterinary Association say that an individual dog's behavior -- not the breed -- is the real issue to tackle.

''You know what the problem is? We have effective dangerous dog laws on the books that are not being enforced -- that is the real problem,'' said Jennifer Hobgood, Florida state director for The Humane Society of the United States. Hobgood said banning breeds does not work and she points to Miami-Dade County as an example. ''All banning does is create a great deal of suffering among responsible dog owners who have to give up their well-behaved pets,'' Hobgood said. Adam Goldfarb, issue specialist for The Humane Society of the United States, said that although Miami-Dade has a ban, the county cannot provide statistical evidence that there are fewer pit bull bites as a result. Counties in South Florida have only recently started to keep track of dog attacks. Dr. Sara Pizano, director of Miami-Dade Animal Services, said it's not known whether the county's 20-year pit bull ban has been successful because the department has been compiling bite statistics only since 2005.

In Broward, 616 dog bites were reported to county animal control in 2007. In Miami-Dade, that number was 992. Terrier mixes are the No. 1 dangerous dog, and pit bulls (which include the American pit bull terrier, American Staffordshire terrier, and the Staffordshire terrier) were the top dangerous dog in Broward. Thurston believes the bill has a good chance of passing. And even if it is defeated, he believes the dialogue generated will result in a some middle-ground solution. ''In situations where targeting the individual owner is not enough to ensure public safety, individual cities should have the right to target certain problem breeds,'' said Thurston, who says a ban should be a last resort after leash and muzzling laws, fines, and even arrests, have proved futile. Adam Goldberg, who was attacked and bitten by a Labrador retriever last September, said more needs to be done to enforce laws against dangerous dogs and the owners who can't control them.

The Labrador attacked Goldberg's leg, turning it into a bloody mess that became infected. It took Goldberg seven weeks to walk without feeling any pain. What's worse, weeks later, one of his girlfriend's two bichons required 10 stitches after it was mauled by a bull terrier. ''There are some breeds of dogs that are inherently dangerous -- bred for hunting, security, and illegal fighting -- that are owned by people who cannot control and socialize them,'' said Goldberg, of Hollywood. Goldberg contacted police and animal services after the dog attacks, and said both agencies did nothing beyond issuing verbal warnings to the owners. ''If there are no serious penalties -- heavy fines, jail time, there won't be any change,'' said Robin Frydman, Goldberg's girlfriend.

But a number of animal rights organizations, which oppose the bill, say the bill skirts the real issue: making irresponsible dog owners accountable for their actions. ''Banning a breed does nothing to solve dangerous-dog problems. All it does is target well-behaved dogs owned by good dog owners -- who lose their pets due to this kind of legislation,'' said Dr. Welch Agnew, president of the Florida Animal Control Association, the statewide organization that deals with dangerous dogs. He added that enforcing such a ban would be ineffective and would take away from more important resources, such as neutering and medical care for animals. It would also require the county to add another expense: DNA testing to prove that a targeted dog is indeed that banned breed. Agnew, a veterinarian, said breed cannot be determined by appearance alone.

Pizano said that if Thurston's bill passed, conceiveably terriers, Labradors, or shepherd mixes could be banned if Miami-Dade County approved such a measure. Capt. Dave Walesky, field operations manager, Palm Beach County Animal Care and Control, said shepherd mix, Lab mix, and chow mix breeds are the No. 1 dangerous dogs in Palm Beach. His department is compiling 2007 statistics. ''Pit bulls are not a problem here, and most of their attacks are against another dog. They only bite humans who are trying to defend their dog,'' said Walesky, who opposes the bill. Weston resident Linda Blair knows firsthand about such dangers. Last December, Beauty, her beloved greyhound, was attacked and nearly killed by a pit bull when she took Beauty to Barkham at Markham dog park in Sunrise.

As a dog owner, Blair is undecided when it comes to supporting Thurston's bill, but agrees something has to be done to protect the public and other pets from dangerous dogs. ''I am not a big believer in banning, but in this case, I don't know,'' Blair said. Edna Elijah, president of the Lauderdale Manors Homeowners Association, who has worked with Thurston in promoting the bill, said there would not be a dangerous dog problem if people were simply responsible. ''Things are getting worse. Something has to be done -- and now. What are we going to do? Wait till a child is killed by a dog? Is that what it is going to take?'' she said.

Florida HB 101: BREED SPECIFIC BANS IN FLORIDA!!!! PLEASE HELP US KILL THE BILL!!!!!!

Your Voice Counts. Protect your dog from being banned from your county.

HB101- Dangerous Dogs is a general bill being proposed by Florida Representative Perry E. Thurston.

If this bill is passed it will go into effect on July 1st, 2008. There is no such thing as an inherently dangerous dog. The only laws that should be enacted are ones that place primary responsibility for a dog's behavior on the owner, regardless of the dog's breed!

Write, Call, Fax, E-mail your local and state representatives to fight AGAINST passing HB101 today.

Charlie Crist
Charlie.Crist@MyFlorida.com
Office of Governor Charlie Crist State of Florida PL - 05 the Capital Tallahassee, Fl. 32399-0001

Rep. Perry E Thurston Perry.Thurston@leg.state.fl.us Or Perry.Thurston@myfloirdahouse.gov Phone (954) 762-3746 Fax: (954) 762-3748 District Office 603 N.W. 7th Terrace Ft. Lauderdale, FL 33311-7310 Capitol Office 402 South Monroe Street Tallahassee, FL 32399-1300

US. Rep. Cliff Stearns (R) 1726 Kingsley Ave. Suite 8 Orange Park, FL 32073 904.269.3203 Fax 904.269.3343

State Senator Steve Oelrich ( R) 4131 NW 28th Ln. Suite 4 Gainesville, FL 32606 352.375.3555

State Senator Aaron Bean (R) 1643 E SR 200, Suite 8 Yulee, FL 32097-5200 904.491.3664

State Representative Joe Pickens (R ) 3841 Reid St. Suite 5 Palatka, FL 32177-2509 386.312.2272

Ultimately the following people are the representatives who will say YES or NO to the bill: This is the e-mail list of those Representatives, including the chair:
martin.kiar@myfloridahouse.gov
carlos.lopez-cantera@myfloridahouse.gov
ralph.poppell@myfloridahouse.gov
juan.zapata@myfloridahouse.gov
denise.grimsley@myfloridahouse.gov (Chair)
bryan.nelson@myfloridahouse.gov
debbie.boyd@myfloridahouse.gov
bill.galvano@myfloridahouse.gov
bill.heller@myfloridahouse.gov

This bill seeks to eliminate prohibition of breed specific local government regulation of dangerous dogs. In summation, this means that if this law is passed, ALL local cities within the state of Florida will have the power to ban ANY breed of dog they feel is a threat. That could mean YOUR dog. It is up to every dog owner to make our Florida Representatives and the Governor aware that we should not punish responsible dog owners and innocent animals.

HB101 - An Act relating to dangerous dogs; amending s 767.14,F.S,; Eliminates prohibition of breed-specific local government regulation of dangerous dogs; providing an effective date

HB219/SB1994 - Gertrude Maxwell Save a Pet Creates a direct-support organization for the Department of Agriculture and Consumer Services. Provides for the organization, operation, and purpose of the direct-support organization, etc.

SB444 - Sale of Dogs and Cats/DOACS [RPCC]: Redefines the term "pet dealer" for purposes of provisions authorizing a purchaser to return an animal to the pet dealer and receive a refund, exchange the animal, or receive a reimbursement of expenses. Authorizes the Department of Agriculture and Consumer Services to enforce statutory provisions related to the sale of dogs and cats, etc.

Broward County - Commissioners are studying the Palm Beach County ordinance for possible passage in Broward County.

Keystone Heights - At last Thursday's Keystone Heights City Council meeting, Mayor Mary Lou Hildreth and three councilmen said the town's pet ordinances are vague, out of date, and don't get enough enforcement. Bradley said the ordinances could stand some tweaking. After discussion, the council passed a motion which charges City Manager Ken Venables and Bradley to review the measures related to pets in the city.

Palm Beach County - West Palm Beach - commissioners gave initial approval to a controversial plan that will require all pet owners to spay and neuter their animals unless they pay for a more expensive license tag and sign an affidavit agreeing not to breed their pets. The rules would also prevent breeders from breeding more than two litters of puppies and kittens a year. Breeders would be required to obtain a breeding permit and would be forced to hand over the names, addresses and phone numbers of the people who buy their pets. A final hearing on the rules will be held Feb. 5. UPDATE: PASSED 2/5/08

Volusia County - commissioner notes indicate they have asked county attorneys to review the various MSN laws currently on the books to include Caifornia's and Palm Beach County's. The Volusia County Council likely will decide Thursday (2/7/08) whether to consider requiring pet owners to spay and neuter their animals. UPDATE: By a 4-3 vote, the County Council directed its attorneys to draft an ordinance requiring pet owners to spay or neuter their dogs and cats.