Senate Bill sb1310c1

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    Florida Senate - 2001                           CS for SB 1310

    By the Committee on Agriculture and Consumer Services; and
    Senators Klein, Posey and Wasserman Schultz




    303-1585-01

  1                      A bill to be entitled

  2         An act relating to animal fighting or baiting;

  3         amending s. 828.122, F.S.; prohibiting

  4         additional acts associated with animal fighting

  5         or baiting; providing for the seizure,

  6         impoundment, and euthanasia of animals under

  7         certain conditions; providing penalties;

  8         providing an effective date.

  9

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

11

12         Section 1.  Section 828.122, Florida Statutes, is

13  amended to read:

14         828.122  Fighting or baiting animals; offenses;

15  penalties.--

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

17  Act."

18         (2)  As used in this section:

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

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

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

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

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

24  training of racing greyhounds.

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

26  copartnership, association, or corporation.

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

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

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

30         (a)  Baiting, or using any animal for the purpose of

31  fighting or baiting any other animal.

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    Florida Senate - 2001                           CS for SB 1310
    303-1585-01




  1         (b)  Knowingly owning, managing, or operating any

  2  facility kept or used for the purpose of fighting or baiting

  3  any animal.

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

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

  6  animals.

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

  8  baiting or fighting, including refereeing, advertising animal

  9  baiting or fighting, or serving as security for or a

10  stakesholder of any money wagered on animal fighting or

11  baiting.

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

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

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

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

16  consideration on the fighting or baiting of animals; or

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

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

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

20  or other undisclosed location where it can be humanely housed

21  until its final disposition is determined. The law enforcement

22  agency that seizes the animal shall remand the animal to the

23  county animal shelter. The county animal shelter is entitled

24  to receive reimbursement of its costs from the owner or

25  possessor of the animal.

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

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

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

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

30  inspections of the animal by any persons designated by the

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    Florida Senate - 2001                           CS for SB 1310
    303-1585-01




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

  2  without court authorization.

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

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

  5  s. 828.073.

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

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

  8  survive until a custody hearing, until the final disposition

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

10  other circumstances warrant, the court may order the animal

11  euthanized.

12         (5)  Whenever an indictment is returned or an

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

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

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

16  shall order the animals seized and shall provide for

17  appropriate and humane care or disposition of the animals.

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

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

20         (9)(6)  This section does The provisions of subsection

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

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

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

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

25  828.12 is not violated.

26         (b)  Any person using animals to pursue or take

27  wildlife or to participate in any hunting regulated or subject

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

29  and Wildlife Conservation Commission.

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

31  agricultural purposes.

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    Florida Senate - 2001                           CS for SB 1310
    303-1585-01




  1         (d)  Any person violating s. 828.121.

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

  3  to retrieve domestic hogs pursuant to customary hunting or

  4  agricultural practices.

  5         (10)(7)  Nothing in this section shall be construed to

  6  prohibit, impede, or otherwise interfere with recognized

  7  animal husbandry and training techniques or practices not

  8  otherwise specifically prohibited by law.

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

10

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                         Senate Bill 1310

13

14  Committee Substitute for Senate Bill 1310 is different from
    Senate Bill 1310 in that it:
15
          Deletes the term "equipment," the definition of
16        "equipment," and references to "equipment," all of which
          were in the initial bill.
17
          Deletes terms that made "breeding, training,
18        transporting, possessing" any "wild or domestic" animal
          a violation of the act.
19
          Deletes "handling or transporting animals" from the
20        provisions making it a violation of the act to perform
          any service or act associated with animal baiting or
21        fighting, such as refereeing, advertising, or serving as
          a security or stakesholder.
22
          Specifies that animals seized pursuant to the act are to
23        be remanded to the county animal shelter.

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