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House Bill 1457c1

Florida House of Representatives - 1997 CS/HB 1457 By the Committee on Law Enforcement & Public Safety and Representatives Barreiro and Futch 1 A bill to be entitled 2 An act relating to Search and Rescue (SAR) 3 dogs; amending s. 843.19, F.S.; defining the 4 term "SAR dog"; prohibiting the injuring or 5 killing of an SAR dog under specified 6 circumstances; providing penalties; revising 7 the offense of inflicting bodily harm upon a 8 police dog, fire dog, or police horse; 9 providing penalties; amending s. 921.0012, 10 F.S., relating to the sentencing guidelines 11 offense levels and offense severity ranking 12 chart; providing for ranking of the new or 13 revised offenses as level 3 offenses; providing 14 an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 843.19, Florida Statutes, is 19 amended to read: 20 843.19 Injuring or killing police dog, or fire dog, 21 SAR dog, or police horse prohibited; penalty.-- 22 (1) As used in this section, the term: 23 (a) "Police dog" means any dog, and "police horse" 24 means any horse, that which is owned, or the service of which 25 is employed, by a law enforcement agency for the principal 26 purpose of aiding in the detection of criminal activity, 27 enforcement of laws, or apprehension of offenders. 28 (b) "Fire dog" means any dog that which is owned, or 29 the service of which is employed, by a fire department, a 30 special fire district, or the State Fire Marshal, for the 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1457 604-112-97 1 principal purpose of aiding in the detection of flammable 2 materials or the investigation of fires. 3 (c) "SAR dog" means any search and rescue dog that is 4 owned, or the service of which is utilized, by a fire 5 department, a law enforcement agency, a special fire district, 6 or the State Fire Marshal for the principal purpose of aiding 7 in the detection of missing persons, including, but not 8 limited to, persons who are lost, who are trapped under debris 9 as the result of a natural, manmade, or technological 10 disaster, or who are drowning victims. 11 (2) Any person who knowingly and willfully and without 12 lawful cause or justification inflicts great bodily harm, 13 permanent disability, or death upon a police dog, or fire dog, 14 SAR dog, or police horse commits a felony of the third degree, 15 punishable as provided in s. 775.082, s. 775.083, or s. 16 775.084. 17 Section 2. Paragraph (c) of subsection (3) of section 18 921.0012, Florida Statutes, 1996 Supplement, is amended to 19 read: 20 921.0012 Sentencing guidelines offense levels; offense 21 severity ranking chart.-- 22 (3) OFFENSE SEVERITY RANKING CHART 23 Florida Felony 24 Statute Degree Description 25 26 27 (c) LEVEL 3 28 39.061 3rd Escapes from juvenile facility 29 (secure detention or residential 30 commitment facility). 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1457 604-112-97 1 319.30(4) 3rd Possession by junkyard of motor 2 vehicle with identification 3 number plate removed. 4 319.33(1)(a) 3rd Alter or forge any certificate of 5 title to a motor vehicle or 6 mobile home. 7 319.33(1)(c) 3rd Procure or pass title on stolen 8 vehicle. 9 319.33(4) 3rd With intent to defraud, possess, 10 sell, etc., a blank, forged, or 11 unlawfully obtained title or 12 registration. 13 328.05(2) 3rd Possess, sell, or counterfeit 14 fictitious, stolen, or fraudulent 15 titles or bills of sale of 16 vessels. 17 328.07(4) 3rd Manufacture, exchange, or possess 18 vessel with counterfeit or wrong 19 ID number. 20 376.302(5) 3rd Fraud related to reimbursement 21 for cleanup expenses under the 22 Inland Protection Trust Fund. 23 501.001(2)(b) 2nd Tampers with a consumer product 24 or the container using materially 25 false/misleading information. 26 697.08 3rd Equity skimming. 27 790.15(3) 3rd Person directs another to 28 discharge firearm from a vehicle. 29 796.05(1) 3rd Live on earnings of a prostitute. 30 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1457 604-112-97 1 806.10(1) 3rd Maliciously injure, destroy, or 2 interfere with vehicles or 3 equipment used in firefighting. 4 806.10(2) 3rd Interferes with or assaults 5 firefighter in performance of 6 duty. 7 810.09(2)(c) 3rd Trespass on property other than 8 structure or conveyance armed 9 with firearm or dangerous weapon. 10 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 11 less than $10,000. 12 815.04(4)(b) 2nd Computer offense devised to 13 defraud or obtain property. 14 817.034(4)(a)3. 3rd Engages in scheme to defraud 15 (Florida Communications Fraud 16 Act), property valued at less 17 than $20,000. 18 817.233 3rd Burning to defraud insurer. 19 828.12(2) 3rd Tortures any animal with intent 20 to inflict intense pain, serious 21 physical injury, or death. 22 831.29 2nd Possession of instruments for 23 counterfeiting drivers' licenses. 24 838.021(3)(b) 3rd Threatens unlawful harm to public 25 servant. 26 843.19 3rd Injure, disable, or kill SAR dog, 27 police dog, or horse. 28 870.01(2) 3rd Riot; inciting or encouraging. 29 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 1457 604-112-97 1 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 2 cannabis (or other s. 3 893.03(1)(c), (2)(c), (3), or (4) 4 drugs). 5 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 6 893.03(1)(c), (2)(c), (3), or (4) 7 drugs within 200 feet of 8 university, public housing 9 facility, or public park. 10 893.13(6)(a) 3rd Possession of any controlled 11 substance other than felony 12 possession of cannabis. 13 893.13(7)(a)9. 3rd Obtain or attempt to obtain 14 controlled substance by fraud, 15 forgery, misrepresentation, etc. 16 893.13(7)(a)11. 3rd Furnish false or fraudulent 17 material information on any 18 document or record required by 19 chapter 893. 20 918.13(1)(a) 3rd Alter, destroy, or conceal 21 investigation evidence. 22 944.47 23 (1)(a)1.-2. 3rd Introduce contraband to 24 correctional facility. 25 944.47(1)(c) 2nd Possess contraband while upon the 26 grounds of a correctional 27 institution. 28 29 30 Section 3. This act shall take effect October 1, 1997. 31 5