In 2023, the Florida legislature passed HB 941, which introduced significant changes to Florida Statute 767.14, expanding its reach to include Public Housing Authorities (PHAs). This amendment limits both local governments and PHAs from enforcing dog policies based solely on breed, size, or weight. The bill was signed into law by Governor Ron DeSantis and became effective on July 1, 2023.
What is a Public Housing Authority (PHA)?
A Public Housing Authority (PHA) is a local or state government agency responsible for managing and operating public housing programs. These agencies are created under federal and state law to provide safe, affordable housing to low-income families, elderly individuals, and persons with disabilities. While PHAs are funded and regulated by the U.S. Department of Housing and Urban Development (HUD), they operate independently at the local level, often functioning as landlords for various government-subsidized housing programs.
The Context – Understanding F.S. Chapter 767
Chapter 767 of the Florida Statutes outlines the responsibilities of dog owners and the legal consequences for injuries, bites, or damages caused by dogs. It imposes strict liability for dog bites, regulates dangerous dogs, and provides measures to ensure public safety. F.S. 767.14 specifically allows local governments to adopt additional regulations concerning dangerous dogs, provided these regulations are not breed-specific.
How Did HB 941 Amend F.S. 767.14?
HB 941 amended F.S. 767.14 by extending its provisions to include PHAs, thereby restricting them from enforcing dog policies based on breed, weight, or size. The updated statute now reads:
Additional Local Restrictions Authorized. This act does not limit any local government or public housing authority from adopting an ordinance or a policy, respectively, to address the safety and welfare concerns caused by attacks on persons or domestic animals, placing further restrictions or additional requirements on owners of dogs that have bitten or attacked persons or domestic animals, or developing procedures and criteria for the implementation of this act, provided that no such regulation is specific to breed, weight, or size and that the provisions of this act are not lessened by such additional regulations or requirements. This section does not apply to any local ordinance adopted prior to October 1, 1990.
Impact of HB 941 on PHAs
The key impacts of HB 941 on PHAs are as follows:
- PHAs can adopt policies to impose restrictions or additional requirements on owners of dogs deemed dangerous, and they can develop procedures or criteria for implementing these policies.
- However, PHAs are now prohibited from basing any dog-related policies or regulations on the breed, size, or weight of the dog.
- The amendment also removed the exception for breed-specific local ordinances adopted before October 1, 1990, requiring those ordinances to comply with the current statutory restrictions.
The Effect of HB 941
As a result of HB 941, PHAs retain the authority to implement policies addressing safety and welfare concerns related to dog attacks, and they can impose additional requirements on owners of dangerous dogs. However, these policies cannot discriminate against dogs based on their breed, size, or weight. Thus, PHA must perform an individual assessment of the dog.
Property Managers in Florida
For property managers working with Public Housing Authorities in Florida, it’s crucial to understand that while PHAs can still regulate dangerous dogs, they must now do so without considering breed, size, or weight. This legislative change requires a shift in how dog-related policies are crafted and enforced, ensuring they focus on behavior rather than physical characteristics.