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
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11 Representative(s) Kottkamp offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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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
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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
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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
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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)
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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).
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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
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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
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4 Florida Felony
5 Statute Degree Description
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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.
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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.
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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.
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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.
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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.
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