Dangerous Dog Attack or Bite
A previously declared dangerous dog attacks or bites a person OR domestic animal without provocation.
Florida Statute
§ 767.13(1)
Dangerous Dog Attack or Bite
Verified against the 2026 Florida Statutes: October 13, 2026
Quick Summary
A previously declared dangerous dog attacks or bites a person OR domestic animal without provocation.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Dangerous Dog Attack or Bite
F.S. § 767.13(1)
A previously declared dangerous dog attacks or bites a person OR domestic animal without provocation.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
All elements required — AND (OR alternatives within an element)
The defendant was the owner of the dog.
Plain language: The defendant was the owner of the dog.
- Element 2AND — Required
All elements required — AND (OR alternatives within an element)
An animal control authority had previously declared that dog dangerous.
Plain language: An animal control authority had previously declared that dog dangerous.
- Element 3AND — Required
All elements required — AND (OR alternatives within an element)
The dog attacked OR bit a person OR domestic animal without provocation.
Plain language: The dog attacked OR bit a person OR domestic animal without provocation.
Jury Instructions
Jury Instructions
Instruction 32.5
Dangerous Dog Attack or Bite
Florida Standard Jury Instruction 32.5 addresses this offense. Review the official instruction and applicable defenses.
View Official InstructionVerified against the official instruction source: October 13, 2026
Important Definitions
Important Definitions
Animal control authority
A locally authorized entity enforcing animal-control laws; where none serves the area, the county sheriff serves this role.
Owner
Includes anyone possessing, harboring, keeping, controlling, or having custody of the animal, including firms and organizations; for an owner under 18, includes the parent or guardian.
Dangerous dog
Under § 767.11(3), authority records must show qualifying aggressive conduct or severe injury to a human; repeated severe injury or killing of domestic animals off the owner’s property; OR unprovoked menacing pursuit or approach on public grounds supported by sworn evidence and investigation. The § 767.13 offense additionally requires a prior dangerous-dog declaration.
Unprovoked
A victim acting peacefully and lawfully is bitten, menacingly chased, or attacked by a dog.
Additional Notes
Additional Notes
Quick Reference
A previously declared dangerous dog attacks or bites a person OR domestic animal without provocation.
Classification
First Degree misdemeanor under § 767.13(1).
Official Source
Verified against the 2026 Florida Statutes on October 13, 2026. https://www.flsenate.gov/Laws/Statutes/2026/767.13
Victim criminal-activity defense
The owner is not guilty under § 767.13(4) if the attacked person was engaged in OR attempting criminal activity at the time. Document the specific conduct and timing; consult the State Attorney about application and burdens of proof.
Field documentation
Preserve dog identification, ownership/control evidence, animal-control records, witness accounts, photos, medical records, and the attack timeline. For an unclassified dog, separately document the owner’s prior knowledge and reckless disregard.
Police canine and service-dog exemptions
Section 767.16(1) exempts canines owned or employed by law enforcement from Part II. Section 767.16(2) only exempts qualifying currently rabies-vaccinated service dogs from post-bite quarantine; it is not a blanket exemption from criminal liability.
Chapter 767 coverage — civil and noncriminal provisions
Part I: § 767.01 addresses damages and confinement when an owner knows dangerous propensities; § 767.02 restricts roaming by sheep-killing dogs; § 767.03 supplies a defense for killing or injuring dogs harming domestic animals or livestock; § 767.04 governs bite damages; § 767.05 addresses dairy-cattle damages; § 767.07 preserves other laws and local regulation. These provisions do not expressly create a standalone Chapter 767 criminal offense.