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



                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Kottkamp offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  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 or shelter, or

22  unnecessarily mutilates, or kills any animal, or causes the

23  same to be done, or carries in or upon any vehicle, or

24  otherwise, any animal in a cruel or inhumane manner, is guilty

25  of a misdemeanor of the first degree, punishable as provided

26  in s. 775.082 or by a fine of not more than $5,000, or both.

27         (2)  A person who intentionally commits an act to any

28  animal which results in the cruel death, or excessive or

29  repeated infliction of unnecessary pain or suffering, or

30  causes the same to be done, is guilty of a felony of the third

31  degree, punishable as provided in s. 775.082 or by a fine of

                                  1

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1  not more than $10,000, or both.

  2         (a)  A person convicted of a violation of this

  3  subsection, where the finder of fact determines that the

  4  violation includes the knowing and intentional torture or

  5  torment of an animal that injures, mutilates, or kills the

  6  animal, shall be ordered to pay a minimum mandatory fine of

  7  $2,500 and undergo psychological counseling or complete an

  8  anger management treatment program.

  9         (b)  Any person convicted of a second or subsequent

10  violation of this subsection shall be required to pay a

11  minimum mandatory fine of $5,000 and serve a minimum mandatory

12  period of incarceration of 6 months. In addition, the person

13  shall be released only upon expiration of sentence, shall not

14  be eligible for parole, control release, or any form of early

15  release, and must serve 100 percent of the court-imposed

16  sentence. Any plea of nolo contendere shall be considered a

17  conviction for purposes of this subsection.

18         (3)  A veterinarian licensed to practice in the state

19  shall be held harmless from either criminal or civil liability

20  for any decisions made or services rendered under the

21  provisions of this section. Such a veterinarian is, therefore,

22  under this subsection, immune from a lawsuit for his or her

23  part in an investigation of cruelty to animals.

24         (4)  A person who intentionally trips, fells, ropes, or

25  lassos the legs of a horse by any means for the purpose of

26  entertainment or sport shall be guilty of a third degree

27  felony, punishable as provided in s. 775.082, s. 775.083, or

28  s. 775.084.  As used in this subsection, "trip" means any act

29  that consists of the use of any wire, pole, stick, rope, or

30  other apparatus to cause a horse to fall or lose its balance,

31  and "horse" means any animal of any registered breed of the

                                  2

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1  genus Equus, or any recognized hybrid thereof. The provisions

  2  of this subsection shall not apply when tripping is used:

  3         (a)  To control a horse that is posing an immediate

  4  threat to other livestock or human beings;

  5         (b)  For the purpose of identifying ownership of the

  6  horse when its ownership is unknown; or

  7         (c)  For the purpose of administering veterinary care

  8  to the horse.

  9         Section 2.  For the purpose of incorporating the

10  amendment to section 828.12, Florida Statutes, in references

11  thereto, the sections or subdivisions of Florida Statutes set

12  forth below are reenacted to read:

13         550.2415  Racing of animals under certain conditions

14  prohibited; penalties; exceptions.--

15         (6)

16         (d)  A conviction of cruelty to animals pursuant to s.

17  828.12 involving a racing animal constitutes a violation of

18  this chapter.

19         828.122  Fighting or baiting animals; offenses;

20  penalties.--

21         (5)  Whenever an indictment is returned or an

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

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

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

25  shall order the animals seized and shall provide for

26  appropriate and humane care or disposition of the animals.

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

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

29         (6)  The provisions of subsection (3) and paragraph

30  (4)(b) shall not apply to:

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

                                  3

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





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

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

  3  828.12 is not violated.

  4         828.17  Officer to arrest without warrant.--Any sheriff

  5  or any other peace officer of the state, or any police officer

  6  of any city or town of the state, shall arrest without warrant

  7  any person found violating any of the provisions of ss.

  8  828.04, 828.08, 828.12, and 828.13-828.16, and the officer

  9  making the arrest shall hold the offender until a warrant can

10  be procured, and he or she shall use proper diligence to

11  procure such warrant.

12         828.24  Prohibited acts; exemption.--

13         (3)  Nothing in this section precludes the enforcement

14  of s. 828.12 relating to cruelty to animals.

15         828.26  Penalties.--

16         (3)  Nothing in this section precludes the enforcement

17  of s. 828.12, relating to cruelty to animals.

18         828.29  Dogs and cats transported or offered for sale;

19  health requirements; consumer guarantee.--

20         (14)  The state attorney may bring an action to enjoin

21  any violator of this section or s. 828.12 or s. 828.13 from

22  being a pet dealer.

23         943.051  Criminal justice information; collection and

24  storage; fingerprinting.--

25         (3)

26         (b)  A minor who is charged with or found to have

27  committed the following offenses shall be fingerprinted and

28  the fingerprints shall be submitted to the department:

29         11.  Cruelty to animals, as defined in s. 828.12(1).

30         985.212  Fingerprinting and photographing.--

31         (1)

                                  4

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1         (b)  A child who is charged with or found to have

  2  committed one of the following offenses shall be

  3  fingerprinted, and the fingerprints shall be submitted to the

  4  Department of Law Enforcement as provided in s. 943.051(3)(b):

  5         11.  Cruelty to animals, as defined in s. 828.12(1).

  6

  7  A law enforcement agency may fingerprint and photograph a

  8  child taken into custody upon probable cause that such child

  9  has committed any other violation of law, as the agency deems

10  appropriate. Such fingerprint records and photographs shall be

11  retained by the law enforcement agency in a separate file, and

12  these records and all copies thereof must be marked "Juvenile

13  Confidential." These records are not available for public

14  disclosure and inspection under s. 119.07(1) except as

15  provided in ss. 943.053 and 985.04(5), but shall be available

16  to other law enforcement agencies, criminal justice agencies,

17  state attorneys, the courts, the child, the parents or legal

18  custodians of the child, their attorneys, and any other person

19  authorized by the court to have access to such records. In

20  addition, such records may be submitted to the Department of

21  Law Enforcement for inclusion in the state criminal history

22  records and used by criminal justice agencies for criminal

23  justice purposes. These records may, in the discretion of the

24  court, be open to inspection by anyone upon a showing of

25  cause. The fingerprint and photograph records shall be

26  produced in the court whenever directed by the court. Any

27  photograph taken pursuant to this section may be shown by a

28  law enforcement officer to any victim or witness of a crime

29  for the purpose of identifying the person who committed such

30  crime.

31         921.0022  Criminal Punishment Code; offense severity

                                  5

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    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

                                  6

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    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  817.234(8)&(9)     3rd      Unlawful solicitation of persons

30                              involved in motor vehicle

31                              accidents.

                                  7

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1  817.234(11)(a)     3rd      Insurance fraud; property value

  2                              less than $20,000.

  3  817.505(4)         3rd      Patient brokering.

  4  828.12(2)          3rd      Tortures any animal with intent

  5                              to inflict intense pain, serious

  6                              physical injury, or death.

  7  831.28(2)(a)       3rd      Counterfeiting a payment

  8                              instrument with intent to defraud

  9                              or possessing a counterfeit

10                              payment instrument.

11  831.29             2nd      Possession of instruments for

12                              counterfeiting drivers' licenses

13                              or identification cards.

14  838.021(3)(b)      3rd      Threatens unlawful harm to public

15                              servant.

16  843.19             3rd      Injure, disable, or kill police

17                              dog or horse.

18  870.01(2)          3rd      Riot; inciting or encouraging.

19  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

20                              cannabis (or other s.

21                              893.03(1)(c), (2)(c)1., (2)(c)2.,

22                              (2)(c)3., (2)(c)5., (2)(c)6.,

23                              (2)(c)7., (2)(c)8., (2)(c)9.,

24                              (3), or (4) drugs).

25  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

26                              893.03(1)(c), (2)(c)1., (2)(c)2.,

27                              (2)(c)3., (2)(c)5., (2)(c)6.,

28                              (2)(c)7., (2)(c)8., (2)(c)9.,

29                              (3), or (4) drugs within 200 feet

30                              of university or public park.

31

                                  8

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

  2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  3                              (2)(c)3., (2)(c)5., (2)(c)6.,

  4                              (2)(c)7., (2)(c)8., (2)(c)9.,

  5                              (3), or (4) drugs within 200 feet

  6                              of public housing facility.

  7  893.13(6)(a)       3rd      Possession of any controlled

  8                              substance other than felony

  9                              possession of cannabis.

10  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

11                              controlled substance by fraud,

12                              forgery, misrepresentation, etc.

13  893.13(7)(a)11.    3rd      Furnish false or fraudulent

14                              material information on any

15                              document or record required by

16                              chapter 893.

17  918.13(1)(a)       3rd      Alter, destroy, or conceal

18                              investigation evidence.

19  944.47

20   (1)(a)1.-2.       3rd      Introduce contraband to

21                              correctional facility.

22  944.47(1)(c)       2nd      Possess contraband while upon the

23                              grounds of a correctional

24                              institution.

25  985.3141           3rd      Escapes from a juvenile facility

26                              (secure detention or residential

27                              commitment facility).

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

29  law.

30

31

                                  9

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413




                                                   HOUSE AMENDMENT

    hbd-27                                 Bill No. CS for SB 1002

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3  remove:  the entire title

  4

  5  and insert:

  6                      A bill to be entitled

  7         An act relating to cruelty to animals; amending

  8         s. 828.12, F.S.; providing that any person

  9         convicted of specified acts which constitute

10         cruelty to an animal, where the finder of fact

11         determines that the violation includes the

12         knowing and intentional torture or torment of

13         an animal, shall be ordered to undergo

14         psychological counseling or anger management

15         treatment; providing a minimum mandatory fine;

16         providing penalties for second or subsequent

17         violations; reenacting ss. 550.2415(6)(d),

18         828.122(5) and (6)(a), 828.17, 828.24(3),

19         828.26(3), 828.29(14), 943.051(3)(b)11.,

20         985.212(1)(b)11., and 921.0022(3)(c), F.S., to

21         incorporate the amendment to s. 828.12, F.S.,

22         in references thereto; providing an effective

23         date.

24

25

26

27

28

29

30

31

                                  10

    File original & 9 copies    03/13/02
    hbd0007                     08:15 am         01002-0074-054413