BSL Information Page

     The Florida Legislature is contemplating repealing FS. 767.14 which protects local governments from enacting BSL (breed specific legislation).  There are two bills filed already HB189 & SB0922 that contain language that would allow for BSL in the state.  This originated from Senate Interim Report 2009-102 from the Committee on Community Affairs.  Below are some talking points that were originally a rebuttal of the Senate Interim Report.   They are long but provide some information that could be useful if calling, personal visit, or emailing your representative.

BSL TALKING POINTS

Difficult to enforce

·       Breed specific legislation is notoriously difficult and expensive to enforce.

·       The DNA-based breed identification tests currently on the market are not yet accurate enough for widespread use; they only recognize around 100 of the 400 to 800 dog breeds that exist. Further, these tests are neither cheap nor quick.  This technology is so new that to our knowledge there are no Animal Control facilities anywhere that are currently using this.

·       Animal Control employees do not receive training that enables them to identify breeds accurately. Therefore, identification is subjective at best.

Administrative Costs

·       Prince George’s County, Maryland: The Most Thorough Assessment of BSL To Date discovered in FY 2001-2002, expenditures due to pit bull confiscations totaled $560,000. The cost to the county to confiscate and euthanize a single pit bull was around $68,000.

·       During the same period, income from pit bull registrations totaled only $35,000, creating an estimated half a million dollar loss to the county in enforcing their ban.

·       Controversy surrounding the ban caused a loss of revenue to the county due to a reduction in the number of dog shows and performance events held within the county.

Additional Impact of Prince George’s County Ban

·       Lack of enforcement of other animal control violations created a threat to public safety as well as negatively impacting the morale of Animal Control workers.

·       In other areas where BSL was implemented, costs were comparable to Prince George’s findings.  Baltimore, MD estimated costs were $750,000 to enforce a breed specific ban.  Omaha estimated their costs at over half a million dollars to enforce. And, projected costs to enforce on a national level are $14 million in the UK over a five year period.

·       Areas that are considering implementing BSL need to take into consideration costs of enforcement, resources, public safety and weigh those against the necessity for such a controversial and unproven course of action.

Problems with Senate Interim Community Affairs Committee Report

·       Despite having a pit bull ban in place since 1989, Miami-Dade County has provided no statistics to show whether dog bite incidents have decreased as a result of their policy.  We respectfully request that a task force of knowledgeable purebred breeders and veterinarians be formed to do a comprehensive study to see whether Miami-Dade’s ban has been effective, the costs to the community, the impact to pet owners and how many animals that lost their lives that did nothing except that they were born.

·       According to the U.S. Department of Health and Human Services, in 2005, 117 Florida children died from maltreatment (abuse or neglect). In a SINGLE YEAR, 2005, more than FIVE TIMES as many Florida children died from maltreatment (abuse/neglect) than the TOTAL from ALL dog attacks over the past 43 years.

·       Each county has the ability to strengthen a Florida statute. As a result, in some counties, dogs deemed dangerous are euthanized, not registered with requirements. For instance in Pinellas County, they don’t have any dangerous dogs that live there as once the dog is declared dangerous, it is destroyed. In Miami-Dade County, if someone has a pit bull, they are given 48 hours to remove the dog from the county or it is seized by Animal Control and destroyed. It is important to note that in Miami-Dade this only applies to purebred American Staffordshire Terriers or American Pit Bull Terriers, because mixed breeds cannot be definitively identified. Therefore, a person with a mixed breed dog can get a note from their veterinarian stating that the dog is a mixed-breed.

·       Mandating that a dog must be spayed/neutered based strictly on its identification as a particular breed (which can be questionable) is cause for a prima facie case that it is unconstitutional when the dog, which is considered private property, has exhibited no evidence that it has ever bitten or been a threat to anyone.

·       A study conducted by the Center for the Interaction of Animals and Society, School of Veterinary Medicine, University of Pennsylvania on the non-reproductive effects of spaying/neutering on behavior in dogs indicated that neutered males of all breeds showed increased aggression, were less trainable, more fearful–especially social fears, had increased body sensitivity and increased excitability.  See http://www.acc-d.org/2006%20Symposium%20Docs/Duffy2.pdf  Further research is needed between age of spaying/neutering and these apparent effects on behavior.

·       It has been proven that dog bite safety courses, geared for children under nine years of age, the elderly and people who come in contact with dogs because of their job, i.e. mail carriers, have successfully reduced dog bite incidents.  This information is noticeably absent from the Senate Interim Report. In addition, the recommendation that allowing local governments to enact specific regulations based on a dog’s breed will give the community a false sense of security as any dog can bite.

·       Due to a lack of funding, many municipalities in an effort to raise revenue, permit, fine, or tax almost every aspect of people’s lives. This encroachment negatively impacts its citizens not only on a financial level but is an invasion into every aspect of their private lives. All in an effort to raise money.

·       The discouraging illegal activities of too many local politicians, as evidenced by how many are brought up on ethics violations or are actually serving time in jail, is a clear indication that there is widespread corruption at the local level.  Historically, the relationship between state and local government is that of a parent to a child, with the state in the leadership role.  The citizens of Florida respectfully request protection for themselves and their dogs from local politicians who have been bought and paid for by special interest groups. 

Locations where Breed Specific Legislation has been revoked or has refused to enact Breed Specific Legislation

·       In June 2008, the Dutch government announced its intention of lifting its 25-year ban on pit bulls because it did not lead to any decrease in bite incidents.  Instead, the country will focus on enforcing local leash laws and owner education programs.

·       In September 2007, a Hauraki, New Zealand District Council rescinded a menacing dog classification on the grounds that the breed of dog could not be confirmed.

·       The United Kingdom, one of many countries which has had long-standing breed bans in effect has reported no change in the number of dog bites reported.

·       Many areas in the United States have either revoked breed specific legislation or refused to enact it. Some of the locations which have refused to enact breed specific legislation or have revoked it are Chicago, Illinois, Montgomery, Alabama, Sacramento, California, Coral Springs, Florida, Baltimore, Maryland, Detroit, Michigan, Grand Rapids, Michigan, Englewood, New Jersey, Cleveland, Ohio and many others, too numerous to list here. For a more comprehensive list, see http://www.rott-n-chatter.com/rottweilers/laws/breedspecific.html

Criminal Element

·       Criminals are attracted to breeds that are portrayed as aggressive,
regardless of their actual temperaments or historical work.  

·       In World War I bull terrier breeds were among the most loyal and proficient war dogs and saved the lives of thousands of soldiers.

·       Pit Bulls are currently considered a status dog in some circles, particularly those within the criminal element.  These people, who are targeted by legislation such as this will be the least affected. Criminals, by definition, are people who do not obey the law. Therefore, they are the most likely not to comply and will be least affected. Banning a particular breed will only result in the use of a different breed of dog by those that have no respect for the law.

·       The tragic result of this type of legislation is that it will punish law abiding citizens who have done everything right and are responsible owners. These obedient, well-mannered family dogs will die a senseless death and their families will suffer needless pain and trauma.

Problem is a result of violation of other animal control laws

·       Breed specific legislation does not address the problems, i.e., that the  majority of incidents result from violations of other animal control laws  (running loose or improper controls or confinement) or from failure to properly  supervise children and dogs.

 ·       BSL gives people a false sense of security by categorizing certain dogs as
vicious, thereby implying that dogs of other breeds and mixes are safe.

·       BSL detracts local lawmakers from implementing useful, proven solutions to animal issues within the community. Dog bite safety programs for children and workers who are most likely to come in contact with dogs and enforcement of existing leash laws are proven to reduce dog bite incidents.

Unfair to responsible pet owners

·       BSL is unfair to the thousands of responsible owners  of the targeted
breeds and mixes and to the dogs that are treasured family pets,  valued show and performance dogs, working partners in search and rescue, therapy  dogs, or participants in other aspects of canine-human interaction.

·       It is time to punish the deed, not the breed!  Dogs without a bite history and their owners should not be unduly penalized for the irresponsible, negligent, or malicious acts of others involving their dogs.

BSL Facts

·       Most of the dogs targeted by BSL are mixed breeds and the products of accidental mating.

·       The percentage of bites within breeds cannot be determined, because the total numbers of that breed is an unknown variable. Bite incidents tend to increase or decrease based on a breed’s popularity.

• Although Pit Bulls are currently at the top of the list of fatal dog bite statistics, their popularity is at an all-time high.  Fatal dog attacks have been attributed to more than 30 breeds as well as mixed breed dogs.  The dog at the top of the statistics for any given period of time is the dog that is in vogue with the larger percent of owners.

·       It is impossible to predict whether an individual dog will bite based on breed or genetics. Temperament is a product of genetics and environment. Properly trained and socialized dogs are not a threat to public safety regardless of its breed, size, bite ratio or reproductive status.

·       Community leaders could best serve the public by implementing laws that actually address specific animal behaviors, are enforceable and hold dog owners accountable for the actions of their individual dogs.  Additionally, it is important for lawmakers to write laws that are concise and can be easily understood by the general public.  Laws that are coercive rarely tend to garner public support. It would behoove local governments to write laws that give incentives to dog owners that properly train and socialize their dogs.  This would go farther to encourage responsible dog ownership and provide for public safety.

Putting it in perspective

• According to the National Safety Council, a child is more likely to die from a bee sting than mauled by a dog.  More children are killed by their own parents or caretakers than by the family dog.
• The media, in an effort to attract readers or viewers, sensationalizes any dog bite event. This has lead to media driven irrational fear of big dogs by the public.  Lawmakers often respond to these events by implementing overreaching, coercive, unenforceable legislation. Unfortunately, dogs are unable at this time to read. Therefore, these laws are totally ineffective. Not only do dogs not read laws, unfortunately, most animal owners have not read their local ordinance and as a result, do not have a clear understanding of what is required of them. For these reasons, education and community outreach are far more effective solutions  to any animal issue.
• Fatal dog attacks are a rare event, but one sensationalized by the media.  Approximately 20 bite deaths per year occur out of a dog population of over 53 million.  This equates to .0000004% of the dog population causing a human fatality. 

Any dog can bite

 ·       Breed specific legislation does not take into account that the majority of dogs of any breed or mix are not dangers to the community.

• All dogs have teeth and all dogs can and will bite under certain circumstances.  In October 2000, a 6-week-old baby was killed by her family's tiny Pomeranian.  The average weight of this breed is approximately 4 pounds and they are typically not thought of as a dangerous breed.  In this tragic incident, the baby's uncle left the child and dog on the bed together while preparing her bottle in the kitchen.  Upon his return to the bedroom, the Pom was mauling the baby, who later died from her wounds.   Throughout the years, breeds responsible for fatal attacks have changed as different breeds have become more and less popular over time.
• Irresponsible owners may create a situation that places another person in danger without the dog itself being considered dangerous, as in the case of the Pomeranian killing the baby.  An individual dog may be a loving, loyal and gentle pet even though his breed may be mistakenly perceived as one that is considered by many likely to bite.  A responsible owner keeps his dog under control at all times, and learns how to train and manage his dog as a good canine member of society.
• No breed of dog is inherently vicious, as all breeds of dogs were created and are maintained exclusively to serve and co-exist with humans. The problem exists not within the breed of dog, but rather within the owners that fail to control, maintain and properly train the breed of dog they choose to keep by leaving children unsupervised.  Dogs are not babysitters.

Education is the key

 ·       There are numerous variables that come together in the culmination of a dog attack.  In many instances removal of as little as one variable would alter the outcome of the event.  There is no, one criteria by which one can gauge that a particular dog will be more likely to bite. Neither breed nor size  have any direct connection to a dog attack. One could conclude after careful review of fatal dog attacks that the only tool available to municipalities is education, education, education.

• Children receive a disproportionate number of dog bites.  Often this is the result of parents not teaching their kids how to be safe around dogs, such as not trying to hug them around the neck, not disturbing the dog when eating or sleeping, nor pounce suddenly on a dog, nor approaching a dog they do not know.  Children learn more in school about giraffes, zebras and lions than the canis familiaris, whom they will come in contact with nearly every day.  Efforts should be spent in educating the public about dog safety, and responsible pet ownership, coupled with renewed efforts to enforce leash laws.
• 69% of dog bite victims are children under the age of nine. Male children are more likely to be bitten than a female. Children and the elderly are more likely to become a dog bite victim. Perhaps this is a result of the dog’s perception that these two groups are more vulnerable. Additionally, children under the age of nine months are not perceived by dogs as a human being. This information is not common knowledge in the general population.
• For the above stated reasons, educational efforts would be most beneficial if they targeted nursery, pre-school, elementary schools, OBGYN and real estate offices with educational literature so that the information stated above would be known to all parents.