At a Glance
- Case Type
- Regulatory Action
- Jurisdiction
- Miami-Dade County, Florida
- Date
- 2023-10-01
- Status
- Resolved
Miami-Dade County's 34-year prohibition on pit bull ownership ended on Oct. 1, 2023, when a new Florida state law took effect and nullified the county's breed-specific ordinance, as Axios Miami first reported [1]. Enacted in 1989, the county ban was the only one of its kind in Florida until it was nullified after the new state law prohibiting local governments from imposing breed-specific ordinances took effect [1]. The repeal marks the first time Miami-Dade residents may legally own pit bulls since the original ordinance passed more than three decades ago.
The Miami-Dade ordinance had its origins in a single, well-documented incident. The county enacted the ban in 1989 after 7-year-old Melissa Moreira and her mother were attacked by a pit bull while walking home from a shopping trip, and Moreira subsequently underwent more than eight facial reconstructive surgeries [2]. The following year, the Florida Legislature enacted Florida Statute Section 767.14, which prohibited local governments from adopting breed-specific dog laws, but the statute grandfathered in any local ordinance enacted prior to Oct. 1, 1990, keeping Miami-Dade's ban legally intact [3]. In 2012, Miami-Dade residents voted to keep the ban in place [1].
The instrument that finally dissolved the ordinance was Senate Bill 942. SB 942 eliminated the grandfathering provision in Florida Statute Section 767.14, and beginning Oct. 1, 2023, no local government or public housing authority may adopt any regulation specific to a particular dog breed, weight, or size [3]. The bill was carried by Rep. Demi Busatta Cabrera, R-Coral Gables, and Sen. Alexis Calatayud, R-Miami [2]. The new law, titled "Authorization of Restrictions Concerning Dogs," eliminated that exemption and voided remaining local pit bull bans across the state [2].
Under the now-voided Miami-Dade ordinance, enforcement carried real legal consequences for owners. The county could fine pit bull owners $500, seize their dog, and euthanize it, and the ordinance specifically prohibited American Staffordshire terriers, Staffordshire bull terriers, and American pit bull terriers, or dogs that "substantially conform to the standards" of those breeds [1]. The newly enacted state law still permits local governments and public housing authorities to adopt restrictions on owners of dogs that have bitten or attacked people [2]. Individual owner liability for dog bites therefore remains a live area of Florida law.
The practical effects of the repeal extend beyond Miami-Dade's borders. The new statewide ban on breed restrictions overrides Miami-Dade's pit bull ordinance, and that development could bring relief to shelters in neighboring Broward County [4]. The repeal could ease shelter overcrowding in Broward County, where dog owners say they were afraid to surrender certain breeds due to the Miami-Dade restriction [1]. The Humane Society of the United States has long opposed breed-specific legislation, and the organization argues such restrictions force dogs out of their homes and into limited shelter space while wasting animal services agencies' resources [2].
References
[1] Axios Miami. (2023, October 03). Pit bulls are legal to own in Miami for the first time since 1989. https://www.axios.com/local/miami/2023/10/03/miami-dade-pit-bull-ban-overturned
[2] Miami New Times. (2023, October 02). Pit Bull Ban Lifted in Miami-Dade County. https://www.miaminewtimes.com/news/florida-law-lifts-ban-on-pit-bulls-in-miami-dade-county-17935093/
[3] Florida Condo & HOA Law Blog. (2023, July 25). Breed-Specific Dog Bans. https://www.floridacondohoalawblog.com/2023/07/25/breed-specific-dog-bans/
[4] WLRN / WFSU. (2023, July 11). Miami-Dade's ban on pit bulls is set to end — and could help Broward shelters. https://www.wlrn.org/south-florida/2023-07-11/miami-dade-ban-pit-bulls-broward-shelters