House Bill 0379

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







    Florida House of Representatives - 1999                 HB 379

        By Representative Russell






  1                      A bill to be entitled

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

  3         creating s. 501.151, F.S.; providing that it is

  4         unlawful to sell any item of clothing made in

  5         whole or in part from dog or cat fur; providing

  6         that it is unlawful to sell any dog or cat

  7         pelt; providing penalties; amending s. 372.66,

  8         F.S.; providing that it is unlawful to engage

  9         in the business of a dealer or buyer in the

10         pelts of any dog or cat or to purchase such

11         pelts or furs; prohibiting common carriers from

12         knowingly shipping, transporting, or receiving

13         such pelts; providing penalties; creating s.

14         828.123, F.S.; prohibiting the killing of a dog

15         or cat with the sole intent of selling or

16         giving away the pelt of the animal; providing a

17         third degree felony penalty for violation;

18         prohibiting the possession, import into this

19         state, selling, buying, giving away, or

20         acceptance of any pelt of a dog or cat with the

21         sole intent of selling or giving away the pelt;

22         providing a first degree misdemeanor penalty

23         for violation; prohibiting the possession,

24         import into the state, selling, buying, giving

25         away, or acceptance of any dog or cat with the

26         sole intent of killing such dog or cat, or

27         having such dog or cat killed, for the purpose

28         of selling or giving away the pelt of such

29         animal; providing a third degree felony penalty

30         for violation; providing an effective date.

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






    Florida House of Representatives - 1999                 HB 379

    709-102-99






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

  2

  3         Section 1.  Section 501.151, Florida Statutes, is

  4  created to read:

  5         501.151  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 sell or offer for

  9  sale, directly or indirectly, at wholesale or at retail, in

10  this state any garment, or any item of clothing or apparel

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

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

13  fur.

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

15  sale, directly or indirectly, at wholesale or at retail, or to

16  give away, in this state the pelt of any dog or cat.

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

18  section commits a misdemeanor of the first degree, punishable

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

20  second or subsequent conviction for a violation of this

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

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

23  775.084.

24         (4)  The department may institute proceedings in the

25  appropriate circuit court to enforce compliance with the

26  provisions of this section. The department may seek a civil

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

28         Section 2.  Subsection (7) is added to section 372.66,

29  Florida Statutes, to read:

30         372.66  License required for fur and hide dealers.--

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    Florida House of Representatives - 1999                 HB 379

    709-102-99






  1         (7)  It is unlawful for any person to engage in the

  2  business of a dealer or buyer in the pelts or furs of any dog

  3  or cat in the state or to purchase such pelts or furs within

  4  the state. No common carrier shall knowingly ship or transport

  5  or receive for transportation any dog or cat pelts or furs

  6  within the state. Any person who violates this subsection

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

  8  in s. 775.082, s. 775.083, or s. 775.084.

  9         Section 3.  Section 828.123, Florida Statutes, is

10  created to read:

11         828.123  Killing dog or cat with intent of selling or

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

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

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

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

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

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

18  both imprisonment and a fine.

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

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

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

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

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

24  or by both imprisonment and a fine.

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

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

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

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

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

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

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

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






    Florida House of Representatives - 1999                 HB 379

    709-102-99






  1         Section 4.  This act shall take effect upon becoming a

  2  law.

  3

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  5                          HOUSE SUMMARY

  6
      Creates provisions in chapter 501, relating to consumer
  7    protection, chapter 372, relating to wildlife, and
      chapter 828, relating to animals, which make it unlawful
  8    for:
           1. Any person to sell or offer for sale at retail or
  9    at wholesale in this state any garment or item of
      clothing or apparel that is made, in whole or in part, or
10    which contains or to which is attached, any dog or cat
      fur.
11         2. Any person to sell or offer for sale at wholesale
      or at retail in this state the pelt of any dog or cat.
12         3. Any person to engage in the business of a dealer
      or buyer in the pelts or furs of any dog or cat.
13         4. Any common carrier to knowingly ship or transport
      or receive any dog or cat pelts or furs within this
14    state.
           5. Any person to kill any dog or cat with the sole
15    intent of selling or giving away the pelt of such animal.
           6. Any person to possess, import into this state,
16    sell, buy, give away, or accept any pelt of a dog or cat
      with the sole intent of selling or giving away the pelt
17    of the dog or cat.
           7. Any person to possess, import into the state,
18    sell, buy, give away, or accept any dog or cat with the
      sole intent of killing such dog or cat, or having such
19    dog or cat killed, for the purpose of selling or giving
      away the pelt of the animal.
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21    Provides penalties for violation of the act.  See bill
      for details.
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