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Change Florida's Dangerous Dog Law

Bill Introduced to Give Evaluations to Fighting Dogs

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Bill Introduced to Ban Automatic Euthanasia of Fighting Dogs In Florida

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Rehabilitation of Michael Vick Dogs a Factor

The press release on this bill is copied below.  Once this bill opens the door to consideration of the dangerous dog law, it will be interesting to see what other changes are proposed. Thus far the Florida Animal Control Lobby has stymied any dog friendly changes to Florida's Dangerous Dog law. 

FOR IMMEDIATE RELEASE
January 25, 2011
                                                            
CONTACT: Matthew Monica
(305) 325-2501
 
PRESS RELEASE
 
STATE REPRESENTATIVE LUIS R. GARCIA, JR. FILES HOUSE BILL 4075
TO REPEAL THE ARBITRARY DANGEROUS DOG DESIGNATION
 
TALLAHASSEE, Fla. – State Representative Luis R. Garcia, Jr. (D-Miami) has filed legislation to stop the arbitrary euthanizing of innocent canines simply because the dogs had the terrible misfortune of being confiscated from a property where illegal dog fighting took place.
House Bill 4075 would assist canines that are victims of cruelty once they have been taken from properties where animal fighting has taken place. Under the legislation, a seized canine would have a better chance of adoption and survival. A companion bill is expected to be filed soon in the state Senate.
Current law states that dogs seized from property used for illegal fighting are to be deemed dangerous, which makes adoption of these dogs nearly impossible.  
HB 4075 would repeal the arbitrary dangerous designation and allow local authorities the option to conduct behavioral evaluations to determine if any of the dogs can be adopted or rehabilitated. Most states do not arbitrarily deem victims of cruelty as dangerous.
“As we have seen from the Michael Vick case, as well as other cases, many dogs seized in these busts can make good pets.  Some former fighting dogs have even gone on to be therapy dogs for nursing homes and hospice centers,” said Representative Luis Garcia, (D-Miami), sponsor of the bill.
The legislation is supported by Best Friends Animal Society, a national companion animal rescue and advocacy group. Ledy Vankavage, senior legislative attorney for Best Friends, stated “The automatic deeming of all dogs seized from property used for fighting penalizes the canine victims. This means that all puppies, bait dogs, and breeding dogs that are seized are destroyed. All dogs are individuals and should be judged by their behavior not breed or where they are housed. Florida is one of only a handful of states that automatically declares these victims as dangerous resulting in a death sentence.”
Last Updated on Thursday, 27 January 2011 19:32
 

Changing Florida's Dangerous Dog Law

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Changing Florida's Dangerous Dog Law - Mission Impossible?
Part II

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So you want to change Florida's Dangerous Dog Law on your own?  Let's assume you already have written a simple, minimalistic change with the least amount of language altered.  What's next?

You first have to find a legislative sponsor. To increase your chances, you should try to get someone from the controlling party.  If you have a legislative sponsor from the controlling party, you have a better chance of passage throughout the entire state. You basically have to go door to door and find someone who says yes.  Whoever says yes first, that is your sponsor. Then you need to get some co-sponsors.

Next, you need to get an endorsement list.  Based on the subject matter, you would want to consider the Humane Society, SPCA, Police, ARFF, and any other group that would bring votes to the table. You would then create a one half page letter that says what your law is about and who is endorsing it.

Your next move is to put together a lobbying team and go door to door again to educate and get the legislators into a mindset to vote for the bill.

The bill then goes into committee. You and your lobbying team will need to be in Tallahassee to baby sit the bill through the committee.

If the bill gets out of committee, you will then have to be there to make sure you can get the legislators to vote for it.

Who wants to volunteer?

 

 

Changing Florida State Law

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Changing Florida's Dangerous Dog Law - Mission Impossible?

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What does it take to Change Florida's Dangerous Dog Law?  It is difficult to get any bill in front of the Florida Legislature.  To get a bill passed is even harder.  The subject matter; dangerous dogs, is not as compelling as other bills that address more direct human concerns. Only so many bills can be heard in the legislature. How can a change in Florida's Dangerous Dog law be one of those that gets to a vote?

First, you must have a draft of the bill you want considered.  It must be short, involve the most important changes necessary, and use the least amount of language change possible.  

You then must decide if you want the bill to be proposed by an interest group or if you are going to find your own legislative sponsor. If you choose the former, after you provide a draft of the bill, your job is done.  Lobbying, obtaining co-sponsors, babysitting the bill, and getting support is all up to the interest group. With respect to a change in Florida's Dangerous Dog law, the easiest way to succeed would be to tack the changes to F.S. 767 onto bills that involve the same subject matter. Apparently, the animal control lobby is looking to increase the penalty for moving a dog out of the jurisdiction pending a dangerous dog investigation.  Tacking the F.S. 767 changes to such legislation would be the easiest way to put the issue before the Florida Legislature.  The downside to this, however, is that it will be almost impossible to have the changes supported without the consent of the animal control lobby.

Unfortunately, the animal control lobby is very powerful in Tallahassee, and they have one of the best lobbyists.  "Such a nice guy." Is that what should decide whether a bill gets to the floor? Of course not.  It is, however, an inescapable truth.

Tomorrow I will discuss what getting your own sponsor entails.

 

Sign Our Petition to Change Florida's Dangerous Dog Law

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Sign Our Petition to Change Florida's Dangerous Dog Law

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Sign our Petition to Change Florida's Dangerous Dog Law.  It is the first step in showing Florida Legislators that there are votes to be gained from support of this issue.  We need thousands of signatures from Florida residents.  If you have any pet or companion animal, this issue effects you.  You just won't know it until animal control shows up at your door and seizes your pet.  The two dogs above illustrate the absurdity of the law as it now exists.  Brandie and Gigi are on death row in Broward for an offense that would not even get them classifed "dangerous" in neighboring Dade County. Never in trouble before. We can't let this go on. Act now!  Solicit your friends.  Talk to your friends, co-workers and anyone who has an interest. Educate them.  We live in a democracy.  Let's use it for something that matters to us.

Think about ways that we can start a grassroots movement. I can write the law, and I can talk to the legislators.  But it won't make any difference if they don't see it's important. Give me whatever ideas you have and let's get started.

 

 

Proposed Changes To Florida's Dangerous Dog Law

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Proposed Changes to Florida's Dangerous Dog Law

An 18 Point Plan

Here is an eighteen point plan to change Florida's Dangerous Dog Law. Please remember that this is legislation. It is unlikely we will be able to get all these changes.  We need to prioritize the changes.  I will discuss each of these points in the coming days so that we all understand what they mean and why they are needed.

1.  The dangerous dog definition needs to be the same state wide;

2.  The dangerous dog definition needs to require two kills of a domestic animal before a dog can be declared dangerous;

3.  The dog's act must be coupled to an attack or aggression-right now if you are injured by accident, the dog can be declared dangerous;

4.  There has to be a statute of limitations for charges to be filed-right now it is unlimited;

5.  A dog may not be impounded by animal control unless it seriously injures a human-otherwise the dog stays home pending classification;

6.  The first hearing must be conducted by either a board with members with dog experience or a hearing with rules of evidence-any such hearing would put the burden of going forward and burden of proof on the government;

7.  In cases where euthanasia is the penalty, the burden of proof would be clear and convincing;

8.  If the first hearing is not conducted like a trial, then there must be a de novo hearing in county court;

9.  The appeals process needs to be clarified-either do novo or if the hearing is with rules of evidence record review;

10. Provocation would be a defense in all cases-including animal on animal altercations, not just human interactions;

11. Provocation would be defined broadly so that little dogs can't provoke a big dog and then be blamed when a fatality occurs;

12. Boarding fees would not be payable if the owner wins; 

13. The law needs to be clear that the owner is allowed visitation and medical information about his or her dog during classification;

14. Notice of the first hearing needs to be set forth to comply with due process;

15. Different rules are needed for dog park incidents;

16. Seizure of a dog at the scene of the incident needs to comply with the concept of "probable cause" and two affidavits from people living at separate addresses must be required;

17. If the "menacing attitude of attack" language is kept for people who are scared without injury, there must be a "reasonable person" standard applied.

18. When considering the "penalty" phase, the trier of fact must consider lesser restrictive alternatives to euthanasia, such as obedience training, muzzling, confinement or banishment for the city or county;

 
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A website that covers news across the United States on dangerous dogs cases, animal cruelty, canine shootings, and developments in Breed Specific Legislation.