Senate Bill 1262c1

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



    Florida Senate - 1999                           CS for SB 1262

    By the Committee on Agriculture and Consumer Services; and
    Senator Sebesta




    303-2193-99

  1                      A bill to be entitled

  2         An act relating to the sale of dog and cat fur;

  3         creating s. 828.123, F.S.; prohibiting the

  4         killing of a dog or cat with the sole intent of

  5         selling or giving away the pelt of the animal;

  6         providing a third degree felony penalty for

  7         violation; prohibiting the possession, import

  8         into this state, selling, buying, giving away,

  9         or acceptance of any pelt of a dog or cat with

10         the sole intent of selling or giving away the

11         pelt; providing a first degree misdemeanor

12         penalty for violation; prohibiting the

13         possession, import into the state, selling,

14         buying, giving away, or acceptance of any dog

15         or cat with the sole intent of killing such dog

16         or cat, or having such dog or cat killed, for

17         the purpose of selling or giving away the pelt

18         of such animal; providing a third degree felony

19         penalty for violation; providing that it is

20         unlawful to engage in the business of a dealer

21         or buyer in the pelts of any dog or cat or to

22         purchase such pelts or furs; prohibiting common

23         carriers from knowingly shipping, transporting,

24         or receiving such pelts; providing penalties;

25         creating s. 828.1231, F.S.; providing that it

26         is unlawful to sell any item of clothing made

27         in whole or in part from dog or cat fur;

28         providing that it is unlawful to sell any dog

29         or cat pelt; providing penalties; providing an

30         effective date.

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    Florida Senate - 1999                           CS for SB 1262
    303-2193-99




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

  2

  3         Section 1.  Section 828.123, Florida Statutes, is

  4  created to read:

  5         828.123  Killing dog or cat with intent of selling or

  6  giving away pelt; possession, sale, or importation of pelt

  7  with intent of selling or giving away; penalty.--

  8         (1)  A person who kills any dog or cat with the sole

  9  intent of selling or giving away the pelt of such animal

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082 or by a fine of not more than $10,000, or by

12  both imprisonment and a fine.

13         (2)  A person who possesses, imports into this state,

14  sells, buys, gives away, or accepts any pelt of a dog or cat

15  with the sole intent of selling or giving away the pelt of the

16  dog or cat commits a misdemeanor of the first degree,

17  punishable as provided in s. 775.082 or by a fine of $5,000,

18  or by both imprisonment and a fine.

19         (3)  A person who possesses, imports into the state,

20  sells, buys, gives away, or accepts any dog or cat with the

21  sole intent of killing such dog or cat, or having such dog or

22  cat killed, for the purpose of selling or giving away the pelt

23  of such animal commits a felony of the third degree,

24  punishable as provided in s. 775.082 or by a fine of not more

25  than $10,000, or by both imprisonment and a fine.

26         (4)  It is unlawful for any person to knowingly engage

27  in the business of a dealer or buyer in the pelts or furs of

28  any dog or cat in the state or to purchase such pelts or furs

29  within the state.  No common carrier shall knowingly ship or

30  transport or receive for transportation any dog or cat pelts

31  or furs within the state.  Any person who violates this

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    Florida Senate - 1999                           CS for SB 1262
    303-2193-99




  1  subsection commits a felony of the third degree, punishable as

  2  provided in s. 775.082, s. 775.083, or s. 775.084.

  3         Section 2.  Section 828.1231, Florida Statutes, is

  4  created to read:

  5         828.1231  Sale of garments or items of clothing

  6  containing dog or cat fur prohibited; sale of pelt of any dog

  7  or cat prohibited; penalty.--

  8         (1)  It is unlawful for any person to knowingly sell or

  9  offer for sale, directly or indirectly, at wholesale or at

10  retail, in this state any garment, or any item of clothing or

11  apparel that is made, in whole or in part, from the fur of any

12  dog or cat, or which contains or to which is attached any dog

13  or cat fur.

14         (2)  It is unlawful for any person to knowingly sell or

15  offer for sale, directly or indirectly, at wholesale or at

16  retail, or to give away, in this state the pelt of any dog or

17  cat.

18         (3)  Any person who violates the provisions of this

19  section commits a misdemeanor of the first degree, punishable

20  as provided in s. 775.082, s. 775.083, or s. 775.084. Upon a

21  second or subsequent conviction for a violation of this

22  subsection, the offender commits a felony of the third degree,

23  punishable as provided in s. 775.082, s. 775.083, or s.

24  775.084.

25         (4)  Any law enforcement agency, or humane officer as

26  defined in s. 828.03, may institute proceedings in the

27  appropriate circuit court to enforce compliance with the

28  provisions of this section. Any law enforcement agency, or

29  humane officer as defined in s. 828.03, may seek a civil

30  penalty of up to $5,000 for each violation.

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    Florida Senate - 1999                           CS for SB 1262
    303-2193-99




  1         Section 3.  This act shall take effect upon becoming a

  2  law.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                         Senate Bill 1262

  6

  7  Committee Substitute for Senate Bill 1262 is different from
    Senate Bill 1262 in that it:
  8
    -     Creates section 828.1231, F.S., rather than section
  9        501.151, F.S., relating to the sale of garments or items
          of clothing containing dog or cat fur prohibited; sale
10        of pelt of any dog or cat prohibited; penalty.

11  -     Removes an unnecessary reference to section 372.66,
          F.S., relating to licensure of fur and hide dealers.
12
    -     Identifies the unspecified department as any law
13        enforcement agency or humane officer.

14  -     Clarifies that it is unlawful for a person to knowingly
          sell or offer for sale any clothing or apparel made from
15        the fur of a dog or cat.

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