House Bill 1533c2

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    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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CODING: Words stricken are deletions; words underlined are additions.






    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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    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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