Legislature passes bill that would restrict dogs by behavior, not breed

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A bill that would strip away the last remaining municipal and public housing restrictions against specific dog breeds — which mostly target pit bulls — will soon head to Gov. Ron DeSantis’ desk.

House lawmakers swapped out the bill (HB 941) Republican Rep. Demi Busatta Cabrera of Miami introduced, substituting in the Senate version (SB 942). The full House then unanimously approved the measure. The Senate has already passed its version.

“Let’s not allow baseless barriers in government housing contribute to this crisis any longer,” Busatta Cabrera said, noting that housing is the reason that many people surrender their animals to animal shelters.

If it gets signed, the legislation would strip away Miami-Dade’s prohibition on pit bulls and any other remaining county and municipal ordinances that restrict dogs based on breed, weight or size. For years, the bill has won Senate approval only to languish and die in the House.

The Senate version of the bill that Republican Sen. Alexis Calatayud introduced received just one “nay” vote.

Animal advocates say the measure would make an impact on the number of animals surrendered to animal shelters. More than 30,000 animals were surrendered to Florida shelters, according to the 2020 Best Friends National Dataset, and housing was the No. 1 reason cited. Busatta Cabrera cited the same number.

“The affordable housing crisis is one of Florida’s most pressing issues,” said Kelsey Gilmore-Futeral, a lawyer with Best Friends Animal Society. “People who have good dogs shouldn’t face additional hurdles to access housing, nor should they have to surrender their family pet to a shelter for an arbitrary breed or weight restriction.”

Dahlia Canes has long sought approval from the House on this legislation. Canes, spearheading the Miami Coalition Against Breed Specific Legislation, has been working on this change for 19 years.

To have it brought forward — and passed — in the full House had her heart leaping.

“We’ve never been this close before — ever,” she said. “All the work, tears and fight was worth it.”

The Miami-Dade ordinance still keeps families from moving into public housing with some four-legged family members, according to Canes.

“A lot more people would end up in houses with their dogs,” Canes said, should the bill pass. “It would eliminate the breed-specific issues in public housing.”

The city of Sunrise’s ordinance would not be allowed, either. Those rules, passed in 1989, define “pit bull dogs” as any dog that has characteristics as described by the American Kennel Club or United Kennel Club for American Staffordshire terriers or Staffordshire bull terriers. And those dogs, according to Sunrise’s rules, must be securely locked in a pen or muzzled.

The proposed bill, however, does not prevent cities or public housing entities from putting restrictions on dogs that have bitten or attacked people or domestic animals.