State Rep. Greg Steube's dog bite bill offers sensible discretion over euthanasia

Prompted by the legal uncertainty over the fate of Padi, the now famous male Labrador mix, and the state's questionable statute that dogs automatically be euthanized for causing severe bite injuries, Rep. Greg Steube is sponsoring reasonable exceptions in legislation that has already passed its first test in the Legislature.

Padi's case has generated interest across the country with people here and elsewhere strongly defending the dog. But Padi's case is murky since accounts differ on whether the 4-year-old child lunged at Padi to get him out from under a desk at the Pet Clinic in Bradenton or whether Padi lunged at the child when he bent over to pick up a toy by the desk. The child lost part of one ear in the June 2014 incident.

Current law deems a dog dangerous should an attack cause severe injuries, with immediate confiscation of the animal and then euthanasia. Among other citations, the statute defines a severe injury as one with "disfiguring lacerations requiring sutures or reconstructive surgery."

Paul Gartenberg, the owner of both the clinic and Padi, is seeking a court ruling on the law's constitutionality, which is set to be heard on Nov. 4. Manatee County's legal department filed a joint motion with Gartenberg's attorney asking the court to intervene.

And the county indicated it would not appeal a ruling that calls the law unconstitutional and that Padi be permanently released, thus closing the case.

Manatee County commissioners, unfairly caught in the middle of public rage over this legal issue, placed a rewrite of laws governing dangerous dogs and bites on its list of legislative priorities for the 2016 session -- thus allowing due process to occur instead of handcuffing hearing officers with only one decision, death. The constitutionality of the overbearing law has been an issue across the state with governments issuing various opinions.

One Bradenton attorney calls Manatee County's interpretation of the law too strict with other interpretations providing more leeway. The county disagrees since the law does not allow exceptions and wants a judicial ruling on this issue.

In 1999, a Florida court ruled the law unconstitutional because it mandated euthanasia "regardless of the circumstances," a violation of due process. That dog was returned to its owner. But the statute remains on the books.

Legal clarity vital

Steube's legislation, CS/HB 91, will provide much needed legal clarity and settle the constitutionality debate. The Sarasota Republican's bill provides for discretionary rather than mandatory impoundment of canines that cause severe injuries to humans and lists specific circumstances under which dangerous dogs be euthanized or returned to its owner. It also eliminates the requirement for automatic euthanasia for unclassified dogs that cause severe injuries.

The measure allows exceptions to euthanasia if the injured individual was tormenting, abusing or assaulting the dog, if the canine was defending a human and if the person was unlawfully on the property.

If those conditions apply, a hearing officer could then either declare the dog dangerous but return the animal to its owner, or reunite the canine and owner without restrictions. With an initial dangerous dog designation by an animal control agency, the owner would be allowed to call for a hearing before a final determination.

There are no exceptions for dogs that cause a death.

Also, any animal that is the subject of a dangerous dog investigation but was not impounded "shall be humanely and safely confined by the owner" until the case is resolved. That is the situation with Padi, now in the hands of Gartenberg.

While Steube's bill will not have an impact on Padi's case, clarity will settle future incidents.

The legislation sailed through the House Civil Justice Subcommittee on a unanimous vote this month, now moving on to other panels. CS/HB 91 also enjoys a Senate sponsor.

Padi's fate rests with a court ruling on the constitutionality of the current statute, one we hope mirrors the 1999 due process decision. The Legislature should embrace Steube's bill so future cases are handled with sensible discretion.

This story was originally published October 21, 2015 at 12:00 AM with the headline "State Rep. Greg Steube's dog bite bill offers sensible discretion over euthanasia ."