House Bill 3675

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







    Florida House of Representatives - 1998                HB 3675

        By Representative Melvin






  1                      A bill to be entitled

  2         An act relating to cruelty to animals; amending

  3         s. 828.12, F.S.; providing for the mandatory

  4         forfeiture of animals by persons found guilty

  5         of, or having had adjudication of guilt

  6         withheld for, cruelty to animals; providing a

  7         first degree misdemeanor penalty for unlawful

  8         possession of an animal in violation of the

  9         act; providing exceptions; authorizing the

10         issuance of a court order allowing possession

11         of animals under specified circumstances;

12         providing for construction of the act;

13         providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsection (4) is added to section 828.12,

18  Florida Statutes, to read:

19         828.12  Cruelty to animals.--

20         (1)  A person who unnecessarily overloads, overdrives,

21  torments, deprives of necessary sustenance or shelter, or

22  unnecessarily mutilates, or kills any animal, or causes the

23  same to be done, or carries in or upon any vehicle, or

24  otherwise, any animal in a cruel or inhumane manner, is guilty

25  of a misdemeanor of the first degree, punishable as provided

26  in s. 775.082 or by a fine of not more than $5,000, or both.

27         (2)  A person who intentionally commits an act to any

28  animal which results in the cruel death, or excessive or

29  repeated infliction of unnecessary pain or suffering, or

30  causes the same to be done, is guilty of a felony of the third

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    Florida House of Representatives - 1998                HB 3675

    556-155-98






  1  degree, punishable as provided in s. 775.082 or by a fine of

  2  not more than $10,000, or both.

  3         (3)  A veterinarian licensed to practice in the state

  4  shall be held harmless from either criminal or civil liability

  5  for any decisions made or services rendered under the

  6  provisions of this section. Such a veterinarian is, therefore,

  7  under this subsection, immune from a lawsuit for his or her

  8  part in an investigation of cruelty to animals.

  9         (4)(a)  A person who has been found guilty of, entered

10  a plea of guilty or nolo contendere to, or had adjudication of

11  guilt withheld for, a violation of subsection (1) or

12  subsection (2) shall immediately forfeit to the county,

13  municipality, or local humane society, for adoption or

14  euthanasia, as appropriate, all animals in his or her

15  possession which were the subject of the violation, without

16  any order of forfeiture or additional proceeding.

17         (b)  A court may issue an order allowing possession of

18  one or more animals by a person who has been found guilty of,

19  entered a plea of guilty or nolo contendere to, or had

20  adjudication of guilt withheld for, a violation of subsection

21  (1) or subsection (2) at any time upon a showing to the

22  satisfaction of the court that such animal or animals will be

23  well treated.

24         (c)  A person who possesses an animal after having been

25  found guilty of, having entered a plea of guilty or nolo

26  contendere to, or having had adjudication of guilt withheld

27  for, a violation of subsection (1) or subsection (2) commits a

28  misdemeanor of the first degree, punishable as provided in s.

29  775.082 or s. 775.083; however, the provisions of this

30  paragraph shall not apply if:

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    Florida House of Representatives - 1998                HB 3675

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  1         1.  The person shows proof that he or she has

  2  petitioned the court and received an order allowing possession

  3  of an animal as provided in paragraph (b); or

  4         2.  The person possesses animals for sale or resale, or

  5  for the sale of a byproduct thereof, is properly licensed, and

  6  receives at least 30 percent of his or her annual gross income

  7  from the sale or resale of animals, or the sale of animal

  8  byproducts.

  9         (d)  Nothing in this subsection shall be construed to

10  prohibit a court from ordering that a person be prohibited

11  from possessing an animal as a condition of probation.

12         Section 2.  This act shall take effect upon becoming a

13  law.

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16                          HOUSE SUMMARY

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      Provides that a person who has been found guilty of, or
18    has had adjudication of guilt withheld for, cruelty to
      animals shall forfeit to the county, municipality, or
19    local humane society all animals in his or her possession
      which were the subject of the violation.  Provides a
20    first degree misdemeanor penalty for possessing an animal
      in violation of the act.  Authorizes the court to issue
21    an order allowing possession of one or more animals by a
      person previously convicted of cruelty to animals upon a
22    showing to the satisfaction of the court that such
      animals will be well treated.  Provides that the
23    provisions of the act shall not apply to persons who have
      received an order from the court allowing possession of
24    an animal, or to a person who possesses animals for sale
      or resale or for the sale of animal byproducts, is
25    properly licensed, and receives at least 30 percent of
      his or her annual gross income from such sale or resale
26    of animals, or the sale of animal byproducts.  Provides
      that nothing in the act shall be construed to prohibit a
27    court from ordering that a person be prohibited from
      possessing an animal as a condition of probation.
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