HOUSE AMENDMENT
    776-109AXB-27                                 Bill No. HB 1401
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Kottkamp offered the following:
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13         Amendment (with title amendment) 
14         On page 16, between lines 28 and 29, of the bill
15  
16  insert:  
17         Section 3.  Section 828.12, Florida Statutes, is
18  amended to read:
19         828.12  Cruelty to animals.--
20         (1)  A person who unnecessarily overloads, overdrives,
21  torments, deprives of necessary sustenance, medical attention,
22  sanitation, or shelter, or unnecessarily mutilates, or kills
23  any animal, or causes the same to be done, or carries in or
24  upon any vehicle, or otherwise, any animal in a cruel or
25  inhumane manner, is guilty of a misdemeanor of the first
26  degree, punishable as provided in s. 775.082 or by a fine of
27  not more than $5,000, or both.
28         (2)  A person who intentionally commits an act to any
29  animal which results in the cruel death, or excessive or
30  repeated infliction of unnecessary pain or suffering, or
31  causes the same to be done, is guilty of a felony of the third
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    File original & 9 copies    04/27/01                          
    hbd0001                     11:08 am         01401-0074-183665

HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 degree, punishable as provided in s. 775.082 or by a fine of 2 not more than $10,000, or both. Where the court determines 3 that the violation includes the knowing and intentional 4 torture or torment of an animal that results in the injury, 5 mutilation, or death of the animal, the court shall: 6 (a) Order that a psychological evaluation of the 7 defendant be conducted prior to sentencing to assist the court 8 in determining an appropriate sentence. The defendant shall 9 bear the cost of the evaluation unless he or she has been 10 found indigent by the court. If the evaluation results in a 11 recommendation of treatment, and if the court so orders, the 12 defendant shall be ordered to complete an anger management 13 treatment program, or any other treatment program specified by 14 the court, in addition to any sentence imposed pursuant to 15 this subsection. 16 (b) Impose a minimum fine of $500. 17 (c) Impose a minimum mandatory sentence of 18 incarceration for 3 months. 19 (3) A veterinarian licensed to practice in the state 20 shall be held harmless from either criminal or civil liability 21 for any decisions made or services rendered under the 22 provisions of this section. Such a veterinarian is, therefore, 23 under this subsection, immune from a lawsuit for his or her 24 part in an investigation of cruelty to animals. 25 (4) A person who intentionally trips, fells, ropes, or 26 lassos the legs of a horse by any means for the purpose of 27 entertainment or sport shall be guilty of a third degree 28 felony, punishable as provided in s. 775.082, s. 775.083, or 29 s. 775.084. As used in this subsection, "trip" means any act 30 that consists of the use of any wire, pole, stick, rope, or 31 other apparatus to cause a horse to fall or lose its balance, 2 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 and "horse" means any animal of any registered breed of the 2 genus Equus, or any recognized hybrid thereof. The provisions 3 of this subsection shall not apply when tripping is used: 4 (a) To control a horse that is posing an immediate 5 threat to other livestock or human beings; 6 (b) For the purpose of identifying ownership of the 7 horse when its ownership is unknown; or 8 (c) For the purpose of administering veterinary care 9 to the horse. 10 Section 4. For the purpose of incorporating the 11 amendment to section 828.12, Florida Statutes, in references 12 thereto, paragraph (d) of subsection (6) of section 550.2415, 13 Florida Statutes, is reenacted to read: 14 550.2415 Racing of animals under certain conditions 15 prohibited; penalties; exceptions.-- 16 (6) 17 (d) A conviction of cruelty to animals pursuant to s. 18 828.12 involving a racing animal constitutes a violation of 19 this chapter. 20 Section 5. For the purpose of incorporating the 21 amendment to section 828.12, Florida Statutes, in references 22 thereto, subsection (5) and paragraph (a) of subsection (6) of 23 section 828.122, Florida Statutes, are reenacted to read: 24 828.122 Fighting or baiting animals; offenses; 25 penalties.-- 26 (5) Whenever an indictment is returned or an 27 information is filed charging a violation of s. 828.12 or of 28 this section and, in the case of an information, a magistrate 29 finds probable cause that a violation has occurred, the court 30 shall order the animals seized and shall provide for 31 appropriate and humane care or disposition of the animals. 3 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 This provision shall not be construed as a limitation on the 2 power to seize animals as evidence at the time of arrest. 3 (6) The provisions of subsection (3) and paragraph 4 (4)(b) shall not apply to: 5 (a) Any person simulating a fight for the purpose of 6 using the simulated fight as part of a motion picture which 7 will be used on television or in a motion picture, provided s. 8 828.12 is not violated. 9 Section 6. For the purpose of incorporating the 10 amendment to section 828.12, Florida Statutes, in references 11 thereto, section 828.17, Florida Statutes, is reenacted to 12 read: 13 828.17 Officer to arrest without warrant.--Any sheriff 14 or any other peace officer of the state, or any police officer 15 of any city or town of the state, shall arrest without warrant 16 any person found violating any of the provisions of ss. 17 828.04, 828.08, 828.12, and 828.13-828.16, and the officer 18 making the arrest shall hold the offender until a warrant can 19 be procured, and he or she shall use proper diligence to 20 procure such warrant. 21 Section 7. For the purpose of incorporating the 22 amendment to section 828.12, Florida Statutes, in references 23 thereto, subsection (14) of section 828.29, Florida Statutes, 24 is reenacted to read: 25 828.29 Dogs and cats transported or offered for sale; 26 health requirements; consumer guarantee.-- 27 (14) The state attorney may bring an action to enjoin 28 any violator of this section or s. 828.12 or s. 828.13 from 29 being a pet dealer. 30 Section 8. For the purpose of incorporating the 31 amendment to section 828.12, Florida Statutes, in references 4 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 thereto, paragraph (b) of subsection (3) of section 943.051, 2 Florida Statutes, is reenacted to read: 3 943.051 Criminal justice information; collection and 4 storage; fingerprinting.-- 5 (3) 6 (b) A minor who is charged with or found to have 7 committed the following offenses shall be fingerprinted and 8 the fingerprints shall be submitted to the department: 9 1. Assault, as defined in s. 784.011. 10 2. Battery, as defined in s. 784.03. 11 3. Carrying a concealed weapon, as defined in s. 12 790.01(1). 13 4. Unlawful use of destructive devices or bombs, as 14 defined in s. 790.1615(1). 15 5. Negligent treatment of children, as defined in s. 16 827.05. 17 6. Assault or battery on a law enforcement officer, a 18 firefighter, or other specified officers, as defined in s. 19 784.07(2)(a) and (b). 20 7. Open carrying of a weapon, as defined in s. 21 790.053. 22 8. Exposure of sexual organs, as defined in s. 800.03. 23 9. Unlawful possession of a firearm, as defined in s. 24 790.22(5). 25 10. Petit theft, as defined in s. 812.014(3). 26 11. Cruelty to animals, as defined in s. 828.12(1). 27 12. Arson, as defined in s. 806.031(1). 28 13. Unlawful possession or discharge of a weapon or 29 firearm at a school-sponsored event or on school property as 30 defined in s. 790.115. 31 Section 9. For the purpose of incorporating the 5 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 amendment to section 828.12, Florida Statutes, in references 2 thereto, paragraph (b) of subsection (1) section 985.212, 3 Florida Statutes, is reenacted to read: 4 985.212 Fingerprinting and photographing.-- 5 (1) 6 (b) A child who is charged with or found to have 7 committed one of the following offenses shall be 8 fingerprinted, and the fingerprints shall be submitted to the 9 Department of Law Enforcement as provided in s. 943.051(3)(b): 10 1. Assault, as defined in s. 784.011. 11 2. Battery, as defined in s. 784.03. 12 3. Carrying a concealed weapon, as defined in s. 13 790.01(1). 14 4. Unlawful use of destructive devices or bombs, as 15 defined in s. 790.1615(1). 16 5. Negligent treatment of children, as defined in 17 former s. 827.05. 18 6. Assault on a law enforcement officer, a 19 firefighter, or other specified officers, as defined in s. 20 784.07(2)(a). 21 7. Open carrying of a weapon, as defined in s. 22 790.053. 23 8. Exposure of sexual organs, as defined in s. 800.03. 24 9. Unlawful possession of a firearm, as defined in s. 25 790.22(5). 26 10. Petit theft, as defined in s. 812.014. 27 11. Cruelty to animals, as defined in s. 828.12(1). 28 12. Arson, resulting in bodily harm to a firefighter, 29 as defined in s. 806.031(1). 30 13. Unlawful possession or discharge of a weapon or 31 firearm at a school-sponsored event or on school property as 6 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 defined in s. 790.115. 2 3 A law enforcement agency may fingerprint and photograph a 4 child taken into custody upon probable cause that such child 5 has committed any other violation of law, as the agency deems 6 appropriate. Such fingerprint records and photographs shall be 7 retained by the law enforcement agency in a separate file, and 8 these records and all copies thereof must be marked "Juvenile 9 Confidential." These records are not available for public 10 disclosure and inspection under s. 119.07(1) except as 11 provided in ss. 943.053 and 985.04(5), but shall be available 12 to other law enforcement agencies, criminal justice agencies, 13 state attorneys, the courts, the child, the parents or legal 14 custodians of the child, their attorneys, and any other person 15 authorized by the court to have access to such records. In 16 addition, such records may be submitted to the Department of 17 Law Enforcement for inclusion in the state criminal history 18 records and used by criminal justice agencies for criminal 19 justice purposes. These records may, in the discretion of the 20 court, be open to inspection by anyone upon a showing of 21 cause. The fingerprint and photograph records shall be 22 produced in the court whenever directed by the court. Any 23 photograph taken pursuant to this section may be shown by a 24 law enforcement officer to any victim or witness of a crime 25 for the purpose of identifying the person who committed such 26 crime. 27 Section 10. For the purpose of incorporating the 28 amendment to section 828.12, Florida Statutes, in references 29 thereto, paragraph (c) of subsection (3) of section 921.0022, 30 Florida Statutes, is reenacted to read: 31 921.0022 Criminal Punishment Code; offense severity 7 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 ranking chart.-- 2 (3) OFFENSE SEVERITY RANKING CHART 3 4 Florida Felony 5 Statute Degree Description 6 7 (c) LEVEL 3 8 316.1935(2) 3rd Fleeing or attempting to elude 9 law enforcement officer in marked 10 patrol vehicle with siren and 11 lights activated. 12 319.30(4) 3rd Possession by junkyard of motor 13 vehicle with identification 14 number plate removed. 15 319.33(1)(a) 3rd Alter or forge any certificate of 16 title to a motor vehicle or 17 mobile home. 18 319.33(1)(c) 3rd Procure or pass title on stolen 19 vehicle. 20 319.33(4) 3rd With intent to defraud, possess, 21 sell, etc., a blank, forged, or 22 unlawfully obtained title or 23 registration. 24 328.05(2) 3rd Possess, sell, or counterfeit 25 fictitious, stolen, or fraudulent 26 titles or bills of sale of 27 vessels. 28 328.07(4) 3rd Manufacture, exchange, or possess 29 vessel with counterfeit or wrong 30 ID number. 31 8 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 376.302(5) 3rd Fraud related to reimbursement 2 for cleanup expenses under the 3 Inland Protection Trust Fund. 4 501.001(2)(b) 2nd Tampers with a consumer product 5 or the container using materially 6 false/misleading information. 7 697.08 3rd Equity skimming. 8 790.15(3) 3rd Person directs another to 9 discharge firearm from a vehicle. 10 796.05(1) 3rd Live on earnings of a prostitute. 11 806.10(1) 3rd Maliciously injure, destroy, or 12 interfere with vehicles or 13 equipment used in firefighting. 14 806.10(2) 3rd Interferes with or assaults 15 firefighter in performance of 16 duty. 17 810.09(2)(c) 3rd Trespass on property other than 18 structure or conveyance armed 19 with firearm or dangerous weapon. 20 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 21 less than $10,000. 22 815.04(4)(b) 2nd Computer offense devised to 23 defraud or obtain property. 24 817.034(4)(a)3. 3rd Engages in scheme to defraud 25 (Florida Communications Fraud 26 Act), property valued at less 27 than $20,000. 28 817.233 3rd Burning to defraud insurer. 29 828.12(2) 3rd Tortures any animal with intent 30 to inflict intense pain, serious 31 physical injury, or death. 9 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 831.29 2nd Possession of instruments for 2 counterfeiting drivers' licenses 3 or identification cards. 4 838.021(3)(b) 3rd Threatens unlawful harm to public 5 servant. 6 843.19 3rd Injure, disable, or kill police 7 dog or horse. 8 870.01(2) 3rd Riot; inciting or encouraging. 9 893.13(1)(a)2. 3rd Sell, manufacture, or deliver 10 cannabis (or other s. 11 893.03(1)(c), (2)(c)1., (2)(c)2., 12 (2)(c)3., (2)(c)5., (2)(c)6., 13 (2)(c)7., (2)(c)8., (2)(c)9., 14 (3), or (4) drugs). 15 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 16 893.03(1)(c), (2)(c)1., (2)(c)2., 17 (2)(c)3., (2)(c)5., (2)(c)6., 18 (2)(c)7., (2)(c)8., (2)(c)9., 19 (3), or (4) drugs within 200 feet 20 of university or public park. 21 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 22 893.03(1)(c), (2)(c)1., (2)(c)2., 23 (2)(c)3., (2)(c)5., (2)(c)6., 24 (2)(c)7., (2)(c)8., (2)(c)9., 25 (3), or (4) drugs within 200 feet 26 of public housing facility. 27 893.13(6)(a) 3rd Possession of any controlled 28 substance other than felony 29 possession of cannabis. 30 893.13(7)(a)9. 3rd Obtain or attempt to obtain 31 controlled substance by fraud, 10 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 forgery, misrepresentation, etc. 2 893.13(7)(a)11. 3rd Furnish false or fraudulent 3 material information on any 4 document or record required by 5 chapter 893. 6 918.13(1)(a) 3rd Alter, destroy, or conceal 7 investigation evidence. 8 944.47 9 (1)(a)1.-2. 3rd Introduce contraband to 10 correctional facility. 11 944.47(1)(c) 2nd Possess contraband while upon the 12 grounds of a correctional 13 institution. 14 985.3141 3rd Escapes from a juvenile facility 15 (secure detention or residential 16 commitment facility). 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 22 On page 2, line 7, after the semicolon, insert: 23 amending s. 828.12, F.S.; providing additional 24 acts which constitute cruelty to an animal; 25 provides that any person convicted of such a 26 violation, where the court determines that the 27 violation includes the knowing and intentional 28 torture or torment of an animal that injures, 29 mutilates, or kills the animal, shall, in 30 addition to any other sentence imposed, be 31 ordered to complete an anger management 11 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665
HOUSE AMENDMENT 776-109AXB-27 Bill No. HB 1401 Amendment No. ___ (for drafter's use only) 1 treatment program; providing a minimum 2 mandatory fine and minimum mandatory period of 3 incarceration for conviction of any crime where 4 the court determines that the violation 5 includes an intentional act of cruelty to 6 animals; reenacting ss. 550.2415(6)(d), 7 828.122(5) and (6)(a), 828.17, 828.29(14), 8 943.051(3)(b)11., 985.212(1)(b)11., and 9 921.0022(3)(c), F.S., to incorporate the 10 amendment to s. 828.12, F.S., in references 11 thereto; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 File original & 9 copies 04/27/01 hbd0001 11:08 am 01401-0074-183665