Attack or bite by dangerous dog; penalties; confiscation; destruction.

(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. The dangerous dog must be immediately confiscated by an animal control authority; placed in quarantine, if necessary, for the proper length of time; impounded; and held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. The owner may request a hearing under s. 767.12 during the 10 business days after such notification. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(2) If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The dog must be immediately confiscated by an animal control authority; placed in quarantine, if necessary, for the proper length of time; impounded; and held for 10 business days after the owner is given written notification under s. 767.12, and thereafter destroyed in an expeditious and humane manner. The owner may request a hearing under s. 767.12 during the 10 business days after such notification. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure.

(3) If the owner files a written appeal under s. 767.12 or this section, the dog must be held and may not be destroyed while the appeal is pending.

(4) If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section.