House Bill 1533c2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/CS/HB 1533
By the Committees on Crime & Punishment, Agriculture and
Representatives Jacobs, Frankel, Rayson, Silver, Futch, Brown,
Heyman, Lippman, Effman, Posey and Wasserman Schultz
1 A bill to be entitled
2 An act relating to cruelty to animals; amending
3 s. 828.12, F.S.; making certain types of animal
4 exhibitions a crime; amending s. 828.27, F.S.;
5 revising a definition; authorizing counties and
6 municipalities to enact ordinances the
7 violation of which constitutes a misdemeanor of
8 the second degree; providing that commission of
9 a misdemeanor of the second degree must be
10 proven beyond a reasonable doubt; providing an
11 effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Present subsections (2) and (3) of section
16 828.12, Florida Statutes, are redesignated as subsections (3)
17 and (4), respectively, and a new subsection (2) is added to
18 that section to read:
19 828.12 Cruelty to animals.--
20 (2) A person who conducts, finances, manages, or
21 participates in a commercial animal exhibition in which equine
22 or other farm animals without human riders are encouraged or
23 required to fall or jump downward a distance of 10 feet or
24 more is guilty of a misdemeanor of the first degree,
25 punishable as provided in s. 775.082 or by a fine of not more
26 than $5,000, or both.
27 Section 2. Paragraph (g) of subsection (1), paragraph
28 (a) of subsection (2), and subsection (3) of section 828.27,
29 Florida Statutes, are amended to read:
30 828.27 Local animal control or cruelty ordinances;
31 penalty.--
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Florida House of Representatives - 1998 CS/CS/HB 1533
189-848-98
1 (1) As used in this section, the term:
2 (g) "Ordinance" means any ordinance relating to the
3 control of or cruelty to animals enacted by the governing body
4 of a county or municipality the violation of which is a civil
5 infraction or a misdemeanor of the second degree, punishable
6 as provided in s. 775.082 or s. 775.083.
7 (2) The governing body of a county or municipality is
8 authorized to enact ordinances relating to animal control or
9 cruelty, which ordinances must provide:
10 (a) That a violation of such an ordinance is a civil
11 infraction or a misdemeanor of the second degree, punishable
12 as provided in s. 775.082 or s. 775.083.
13 (b) A maximum civil penalty not to exceed $500.
14 (c) A civil penalty of less than the maximum civil
15 penalty if the person who has committed the civil infraction
16 does not contest the citation.
17 (d) For the issuance of a citation by an officer who
18 has probable cause to believe that a person has committed an
19 act in violation of an ordinance.
20 (e) For the contesting of a citation in the county
21 court.
22 (f) That, if a person fails to pay the civil penalty,
23 fails to appear in court to contest the citation, or fails to
24 appear in court as required by subsection (6) (5), the court
25 may issue an order to show cause upon the request of the
26 governing body of the county or municipality. This order
27 shall require such persons to appear before the court to
28 explain why action on the citation has not been taken. If any
29 person who is issued such order fails to appear in response to
30 the court's directive, that person may be held in contempt of
31 court.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/CS/HB 1533
189-848-98
1 (g) Such procedures and provisions as are necessary to
2 implement any ordinances enacted under the authority of this
3 section.
4 (3) The commission of a charged infraction at a
5 hearing authorized pursuant to this chapter must be proven by
6 a preponderance of the evidence. The commission of a
7 misdemeanor of the second degree must be proven beyond a
8 reasonable doubt.
9 Section 3. This act shall take effect October 1 of the
10 year in which enacted.
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