Senate Bill sb1310

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    Florida Senate - 2001                                  SB 1310

    By Senator Klein





    28-696-01

  1                      A bill to be entitled

  2         An act relating to animal fighting or baiting;

  3         amending s. 828.122, F.S.; defining the term

  4         "equipment"; revising the elements of the crime

  5         of animal baiting or fighting; prohibiting

  6         additional acts associated with animal fighting

  7         or baiting; providing for the seizure,

  8         impoundment, and euthanasia of animals under

  9         certain conditions; providing penalties;

10         providing an effective date.

11  

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

13  

14         Section 1.  Section 828.122, Florida Statutes, is

15  amended to read:

16         828.122  Fighting or baiting animals; offenses;

17  penalties.--

18         (1)  This act may be cited as "The Animal Fighting

19  Act."

20         (2)  As used in this section:

21         (a)  "Baiting" means to attack with violence, to

22  provoke, or to harass an animal with one or more animals for

23  the purpose of training an animal for, or to cause an animal

24  to engage in, fights with or among other animals.  In

25  addition, "baiting" means the use of live animals in the

26  training of racing greyhounds.

27         (b)  "Person" means every natural person, firm,

28  copartnership, association, or corporation.

29         (c)  "Equipment" includes sparring muffs, gaffs,

30  harnesses, treadmills, catmills, breaking sticks, and pits.

31  

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    Florida Senate - 2001                                  SB 1310
    28-696-01




  1         (3)  Any person who commits any of the following acts

  2  is guilty of a felony of the third degree, punishable as

  3  provided in s. 775.082, s. 775.083, or s. 775.084:

  4         (a)  Baiting, breeding, training, transporting,

  5  possessing, or using any wild or domestic animal for the

  6  purpose of fighting or baiting any other animal.

  7         (b)  Knowingly owning, possessing, or selling equipment

  8  used in animal fighting or baiting or owning, managing, or

  9  operating any facility kept or used for or involved with

10  animal the purpose of fighting or baiting any animal.

11         (c)  Promoting, staging, advertising, or charging any

12  admission fee to a fight or baiting between two or more

13  animals.

14         (d)  Performing any service or act to facilitate animal

15  baiting or fighting, including refereeing, handling or

16  transporting animals, advertising animal baiting or fighting,

17  or serving as security for or a stakesholder of any money

18  wagered on animal fighting or baiting.

19         (4)  Any person who willfully commits any of the

20  following acts is guilty of a misdemeanor of the first degree,

21  punishable as provided in s. 775.082 or s. 775.083:

22         (e)(a)  Betting or wagering any money or other valuable

23  consideration on the fighting or baiting of animals; or

24         (f)(b)  Attending the fighting or baiting of animals.

25         (5)  A circuit judge who orders the seizure of an

26  animal may require that it be impounded at an animal shelter

27  or other undisclosed location where it can be humanely housed

28  until its final disposition is determined. The law enforcement

29  agency that seizes the animal is responsible for the cost of

30  impoundment and is entitled to receive reimbursement of its

31  costs from the owner, or possessor of the animal.

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    Florida Senate - 2001                                  SB 1310
    28-696-01




  1         (6)  If an animal shelter or other location is

  2  unavailable, a court may order the animal impounded on the

  3  property of its owner or possessor and shall order such person

  4  to provide all necessary care for the animal and allow regular

  5  inspections of the animal by any persons designated by the

  6  court. Any person so ordered may not dispose of the animal

  7  without court authorization.

  8         (7)  The final disposition of an animal seized under

  9  this section shall be determined by a county court pursuant to

10  s. 828.073.

11         (8)  If an animal kept or used in violation of this

12  section is found by a circuit court to be unable to humanely

13  survive until a custody hearing, until the final disposition

14  of the charges, or until a court orders forfeiture, or if

15  other circumstances warrant, the court may order the animal

16  euthanized.

17         (5)  Whenever an indictment is returned or an

18  information is filed charging a violation of s. 828.12 or of

19  this section and, in the case of an information, a magistrate

20  finds probable cause that a violation has occurred, the court

21  shall order the animals seized and shall provide for

22  appropriate and humane care or disposition of the animals.

23  This provision shall not be construed as a limitation on the

24  power to seize animals as evidence at the time of arrest.

25         (9)(6)  This section does The provisions of subsection

26  (3) and paragraph (4)(b) shall not apply to:

27         (a)  Any person simulating a fight for the purpose of

28  using the simulated fight as part of a motion picture which

29  will be used on television or in a motion picture, provided s.

30  828.12 is not violated.

31  

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    Florida Senate - 2001                                  SB 1310
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  1         (b)  Any person using animals to pursue or take

  2  wildlife or to participate in any hunting regulated or subject

  3  to being regulated by the rules and regulations of the Fish

  4  and Wildlife Conservation Commission.

  5         (c)  Any person using animals to work livestock for

  6  agricultural purposes.

  7         (d)  Any person violating s. 828.121.

  8         (e)  Any person using dogs animals to hunt wild hogs or

  9  to retrieve domestic hogs pursuant to customary hunting or

10  agricultural practices.

11         (10)(7)  Nothing in this section shall be construed to

12  prohibit, impede, or otherwise interfere with recognized

13  animal husbandry and training techniques or practices not

14  otherwise specifically prohibited by law.

15         Section 2.  This act shall take effect July 1, 2001.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Revises provisions relating to animal baiting or
      fighting. Defines the term "equipment" as used in animal
20    fighting. Revises the elements of the crime of animal
      fighting or baiting. Prohibits additional acts associated
21    with animal fighting or baiting. Provides for the
      seizure, impoundment, and destruction of animals under
22    certain conditions and prescribes penalties for
      violations. (See bill for details.)
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