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





                                                   HOUSE AMENDMENT

                                        Bill No. HB 3675, 1st Eng.

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Villalobos offered the following:

12

13         Amendment 

14         On page 2, between lines 21 and 22 of the bill

15

16  insert:

17         Section 3.  Subsections (1), (2), and (3) of Section

18  828.27, Florida Statutes, are amended to read:

19         828.27  Local animal control or cruelty ordinances;

20  penalty.--

21         (1)  As used in this section, the term:

22         (g)  "Ordinance" means any ordinance relating to the

23  control of or cruelty to animals enacted by the governing body

24  of a county or municipality the violation of which is a civil

25  infraction or a misdemeanor of the second degree, punishable

26  as provided in s. 775.082 or s. 775.083.

27         (2)  The governing body of a county or municipality is

28  authorized to enact ordinances relating to animal control or

29  cruelty, which ordinances must provide:

30         (a)  That a violation of such an ordinance is a civil

31  infraction or a misdemeanor of the second degree, punishable

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    File original & 9 copies    04/27/98
    hcp0004                     11:02 am         03675-0112-222461




                                                   HOUSE AMENDMENT

                                        Bill No. HB 3675, 1st Eng.

    Amendment No. 01 (for drafter's use only)





 1  as provided in s. 775.082 or s. 775.083.

 2         (b)  A maximum civil penalty not to exceed $500.

 3         (c)  A civil penalty of less than the maximum civil

 4  penalty if the person who has committed the civil infraction

 5  does not contest the citation.

 6         (d)  For the issuance of a citation by an officer who

 7  has probable cause to believe that a person has committed an

 8  act in violation of an ordinance.

 9         (e)  For the contesting of a citation in the county

10  court.

11         (f)  That, if a person fails to pay the civil penalty,

12  fails to appear in court to contest the citation, or fails to

13  appear in court as required by subsection (5), the court may

14  issue an order to show cause upon the request of the governing

15  body of the county or municipality.  This order shall require

16  such persons to appear before the court to explain why action

17  on the citation has not been taken.  If any person who is

18  issued such order fails to appear in response to the court's

19  directive, that person may be held in contempt of court.

20         (g)  Such procedures and provisions as are necessary to

21  implement any ordinances enacted under the authority of this

22  section.

23         (3)  The commission of a charged infraction at a

24  hearing authorized pursuant to this chapter must be proven by

25  a preponderance of the evidence. The commission of a

26  misdemeanor of the second degree must be proven beyond a

27  reasonable doubt.

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30  ================ T I T L E   A M E N D M E N T ===============

31  And the title is amended as follows:

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    File original & 9 copies    04/27/98
    hcp0004                     11:02 am         03675-0112-222461




                                                   HOUSE AMENDMENT

                                        Bill No. HB 3675, 1st Eng.

    Amendment No. 01 (for drafter's use only)





 1         On page 1, line 6, after "propensities;"

 2

 3  insert:

 4         amending s. 812.27; redefining "ordinance" to

 5         include a misdemeanor of the second degree;

 6         authorizing counties and municipalities to pass

 7         ordinances the violation of which constitute

 8         misdemeanors of the second degree; providing

 9         the burden of proof for conviction of

10         ordinances which constitute misdemeanors of the

11         second degree shall be beyond a reasonable

12         doubt;

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    File original & 9 copies    04/27/98
    hcp0004                     11:02 am         03675-0112-222461