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.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
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
31
1
CODING: Words stricken are deletions; words underlined are additions.
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:
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 HB 3675
556-155-98
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.
14
15 *****************************************
16 HOUSE SUMMARY
17
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.
28
29
30
31
3