Wake up Florida!!!!

[JonandMichelle]

This is very important to Florida residents. Please read, educate yourself, and ACT! Florida residents have a chance to crush this before it breaths life, and starts to take away life. I hope every dog owner in the sunshine state takes this very seriously.



From: jan cooper
Sent: Friday, December 28, 2007 12:50 PM
Subject: ALERT: State of Florida


I know most of you are already aware, but for those of you that are
not, here is a short note to bring you up to par on the current most
important canine issue that will be coming before committees in
2008. Now please note that the legislative session does not begin
until MARCH for Florida, however many of the representatives are
already getting 'ear-full' or 'eye-full' of comments regarding HB
101, which incidentally is WAY TOO premature, legislators are not
concerned with something that is not on the table before them, they
have way too much on their plates than worry about something they may
not even see.
HB reads:
"Section 1. Section 767.14, Florida Statutes, is amended to
10 read:
11 767.14 Additional local restrictions authorized.--Nothing
12 in this act shall limit any local government from placing
13 further restrictions or additional requirements on owners of
14 dangerous dogs or developing procedures and criteria for the
15 implementation of this act, provided that no such regulation is
16 specific to breed and that the provisions of this act are not
17 lessened by such additional regulations or requirements. This
18 section shall not apply to any local ordinance adopted prior to
19 October 1, 1990.
20 Section 2. This act shall take effect July 1, 2008.
"
Few bills so short can be so far reaching, affect so many and be so
controversial. Should this bill become law, it will permit any
community, city or county within the state to restrict or ban any
breed of dog as it deems necessary.
I have listed the following Representatives that will be the first to
even see this bill, if it is not pulled before March. Bear in mind,
they are not interested in it now, now is the time to begin our
strategy and also get to know each member....did you send out a
Christmas card this year to your congressional members??? Have you
gone to their local offices to get to know YOUR representative
yet??? Now is the time to not only do that but almost, if not more
important, go meet your representative's ASSISTANT...are you aware
that many times the assistant knows more about what is happening than
the official??? True, they are the ones that keep their boss in tune
with what is happening and they also can and do make suggestions on
issues based on what they have learned...they really have a pulse on
the community...so go meet the assistants...you can do this NOW and
become friends...!!!!!!

Following is the list of Committee Members that will hear HB 101
first this year. I have listed their office in their local districts
so get out and become a familiar, friendly face in your local
offices!! I have also listed other committee assignments,
employments and local activities that may be relevant to the canine
issues at hand.

Rep. Denise Grimsley, Chair
Suite B
205 S. Commerce Avenue
Sebring, FL 33870-3604
Phone: (863) 385-5251

Rep. Bryan Nelson, Vice Chair
409 S. Park Avenue
Apopka, FL 32703-5261
Phone: (407) 880-4414
Insurance Agent and on insurance committee

Rep. Debbie Boyd, Democratic Ranking Member
95 NW 1st Avenue
High Springs, FL 32643-2653
Phone: (386) 454-0803

Rep. Bill Galvano
214 House Office Building
402 South Monroe Street
Tallahassee, FL 32399-1300
Phone: (850) 488-4086

Rep. Bill Heller
Alexander Building
535 Central Avenue
St. Petersburg, FL 33701-3703
Phone: (727) 552-2573

Rep. Martin David "Marty" Kiar
6600 University Drive
Parkland, FL 33067-2500
Phone: (954) 346-2813

Rep. Carlos Lopez-Cantera
Suite 111
2300 Coral Way
Miami, FL 33145-3511
Phone: (305) 442-6877

Rep. Ralph Poppell
Suite 1C
400 South Street
Titusville, FL 32780-7610
Phone: (321) 383-5151
Insurance Committee

Rep. Juan C. Zapata
13550 SW 88th Street
Miami, FL 33186-1541
Phone: (305) 273-3288
Active in Miami-Dade issues



jan cooper jan4rott@rott-n-chatter.com
ROTT-N-CHATTER.COM and BSL NOTIFICATIONS

[webangel2b]

Thanks for the heads up - I will review this closer and believe me I will be making my feeling known.

I apprecate the post, it's hard to keep up with everything!

[targonrotts]

i did sent a christmas card with a pic of gala going thru a tire(agility shot) to our governor.

anything we can all do, no matter how small helps.

[JoJo]

Also remind those that you will remember them at the polls. Hell, these politicians love pandering to us, let's give them some of their own medicine! Let your feelings be heard, but in a professional, polite manner. State the facts and don't carry on like a wild banchi. We get further with honey then with vinegar. It's time we start doing some "stumping" of our own!

[tangtang]

Originally Posted by JonandMichelle

Few bills so short can be so far reaching, affect so many and be so
controversial. Should this bill become law, it will permit any
community, city or county within the state to restrict or ban any
breed of dog as it deems necessary.

NOT TRUE. First of all this statue 767.14 is already in effect and has been. Secondly, it states nothing about breed restrictions. Secondly, this section applies only to "dangerous dogs" and is in no kind of way breed specific. All this means is that local govt are allowed to place addtl restrictions on dangerous dogs.


Below is the statue that defines a dangerous dog:

767.12 Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts.--

(1)(a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

(b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph.

(d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph.

(2) Within 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of:

(a) A current certificate of rabies vaccination for the dog.

(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section.

(3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous:

(a) Is loose or unconfined.

(b) Has bitten a human being or attacked another animal.

(c) Is sold, given away, or dies.

(d) Is moved to another address.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction.

(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. dogs that have been classified as dangerous shall not be used for hunting purposes.

(6) This section does not apply to dogs used by law enforcement officials for law enforcement work.

(7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500.

[JonandMichelle]

Originally Posted by tangtang

NOT TRUE. First of all this statue 767.14 is already in effect and has been. Secondly, it states nothing about breed restrictions. Secondly, this section applies only to "dangerous dogs" and is in no kind of way breed specific. All this means is that local govt are allowed to place addtl restrictions on dangerous dogs.


Below is the statue that defines a dangerous dog:

767.12 Classification of dogs as dangerous; certification of registration; notice and hearing requirements; confinement of animal; exemption; appeals; unlawful acts.--

(1)(a) An animal control authority shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, that is not impounded with the animal control authority, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to the animal control authority. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred.

(b) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault.

(c) After the investigation, the animal control authority shall make an initial determination as to whether there is sufficient cause to classify the dog as dangerous and shall afford the owner an opportunity for a hearing prior to making a final determination. The animal control authority shall provide written notification of the sufficient cause finding, to the owner, by registered mail, certified hand delivery, or service in conformance with the provisions of chapter 48 relating to service of process. The owner may file a written request for a hearing within 7 calendar days from the date of receipt of the notification of the sufficient cause finding and, if requested, the hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of the request from the owner. Each applicable local governing authority shall establish hearing procedures that conform to this paragraph.

(d) Once a dog is classified as a dangerous dog, the animal control authority shall provide written notification to the owner by registered mail, certified hand delivery or service, and the owner may file a written request for a hearing in the county court to appeal the classification within 10 business days after receipt of a written determination of dangerous dog classification and must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal. Each applicable local governing authority must establish appeal procedures that conform to this paragraph.

(2) Within 14 days after a dog has been classified as dangerous by the animal control authority or a dangerous dog classification is upheld by the county court on appeal, the owner of the dog must obtain a certificate of registration for the dog from the animal control authority serving the area in which he or she resides, and the certificate shall be renewed annually. Animal control authorities are authorized to issue such certificates of registration, and renewals thereof, only to persons who are at least 18 years of age and who present to the animal control authority sufficient evidence of:

(a) A current certificate of rabies vaccination for the dog.

(b) A proper enclosure to confine a dangerous dog and the posting of the premises with a clearly visible warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property.

(c) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic implantation.

The appropriate governmental unit may impose an annual fee for the issuance of certificates of registration required by this section.

(3) The owner shall immediately notify the appropriate animal control authority when a dog that has been classified as dangerous:

(a) Is loose or unconfined.

(b) Has bitten a human being or attacked another animal.

(c) Is sold, given away, or dies.

(d) Is moved to another address.

Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to the animal control authority. The new owner must comply with all of the requirements of this act and implementing local ordinances, even if the animal is moved from one local jurisdiction to another within the state. The animal control officer must be notified by the owner of a dog classified as dangerous that the dog is in his or her jurisdiction.

(4) It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a substantial chain or leash and under control of a competent person. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but will prevent it from biting any person or animal. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or leash, if the dog remains within his or her sight and only members of the immediate household or persons 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle.

(5) Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this act when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. dogs that have been classified as dangerous shall not be used for hunting purposes.

(6) This section does not apply to dogs used by law enforcement officials for law enforcement work.

(7) Any person who violates any provision of this section is guilty of a noncriminal infraction, punishable by a fine not exceeding $500.

Although I greatly appreciate your thoughts and knowledge, I would; however, appreciate you quote (or at least give a qtd by) the correct person(s). I am simply a messenger trying to bring to light BSL that is sweeping our nation. I simply cross-posted important information from an excellent source on this very matter, Mrs. Jan Cooper.

As to the bullets you provided, they seem to be fair and non discriminative to specific breeds of dogs, but we as owners should never become too lax with the passing of new laws which allows individuals such free realms. We should always stay on top of such new laws, and by doing so we proclaim to our representatives that we, dog owners, are educated, knowledgeable of their laws, and will take stands where stands are needed for our breeds.

Michelle

[tangtang]

Michelle, I meant by no means to offend you by my response and apologize if I did. I did overlook the fact that it was acutally written by "Jan Cooper" and should have quotted her. However, I'm not pointing fingers and saying u said this and u said that.....just correcting the statement.

[JoJo]

The point being is what I have heard is in fact the State of Florida is reconsidering the current law(s) and would like to change it to let each individual County have the right to impose BSL and start naming names...in other words, individual breeds. So yes, Floridians need to wake up and smell the BS.....for it just may effect you, a Rottweiler owner.

[tangtang]

I did some more reading on this and you are correct. They would be allowed to impose BSL WITH HB101....767.14 would be amended to delete the phrase
15....."no such regulation is
16 specific to breed and that...
however it is specific to "dangerous dogs" only.
but i agree....not a good start.

[webangel2b]

So what I want to say to my representatives is "DON'T change the existing law - because it might allow city (small or large) to ban breeds at will. Leaving us with no protection from this."

Correct?

No dog or breed should be banned - the bad owners... now thats a different story!

[JoJo]

As Michelle has stated,

We should always stay on top of such new laws, and by doing so we proclaim to our representatives that we, dog owners, are educated, knowledgeable of their laws, and will take stands where stands are needed for our breeds

In other words, be polite and professional sounding. Don't get off on a tantrum. Be matter of fact by using facts. Yes, we all need to sound off to our Government to have them leave well enough alone and start implementing the laws that already are on the books. Don't blame the breed, blame the deed (and irresponsible owners)