Senate Bill sb1002

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                  SB 1002

    By Senator King





    8-886-02                                            See HB 691

  1                      A bill to be entitled

  2         An act relating to cruelty to animals; amending

  3         s. 828.12, F.S.; providing additional acts

  4         which constitute cruelty to an animal;

  5         providing a penalty; providing that any person

  6         convicted of specified acts which constitute

  7         cruelty to an animal, where the court

  8         determines that the violation includes the

  9         knowing and intentional torture or torment of

10         an animal, shall, in addition to any other

11         sentence imposed, be ordered to complete an

12         anger management treatment program; providing a

13         minimum mandatory fine and minimum mandatory

14         period of incarceration; providing penalties

15         for second or subsequent violations; reenacting

16         ss. 550.2415(6)(d), 828.122(5) and (6)(a),

17         828.17, 828.24(3), 828.26(3), 828.29(14),

18         943.051(3)(b), 985.212(1)(b), 921.0022(3)(c),

19         F.S., to incorporate the amendment to s.

20         828.12, F.S., in references thereto; providing

21         an effective date.

22

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

24

25         Section 1.  Section 828.12, Florida Statutes, is

26  amended to read:

27         828.12  Cruelty to animals.--

28         (1)  A person who unnecessarily overloads, overdrives,

29  torments, deprives of necessary sustenance, medical attention,

30  sanitation, or shelter, or unnecessarily mutilates, or kills

31  any animal, or causes the same to be done, or carries in or

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1  upon any vehicle, or otherwise, any animal in a cruel or

  2  inhumane manner, is guilty of a misdemeanor of the first

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

  4  not more than $5,000, or both.

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

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

  7  repeated infliction of unnecessary pain or suffering, or

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

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

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

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

12  subsection, when the court determines that the violation

13  includes the knowing and intentional torture or torment of an

14  animal which injures, mutilates, or kills the animal, shall,

15  in addition to the sentence imposed pursuant to this

16  subsection, be ordered to complete an anger management

17  treatment program. The person ordered to complete the anger

18  management treatment program shall pay the cost of the

19  program, unless the person has been determined by the court to

20  be indigent, in which case the cost shall be paid by the

21  county.

22         (b)  In addition to any other sentence imposed for a

23  violation of this subsection, any person convicted of any

24  crime where the court determines that the violation includes

25  an intentional act of cruelty to animals shall be required to

26  pay a minimum mandatory fine of $2,500 and serve a minimum

27  mandatory period of incarceration of 3 months.

28         (c)  Any person convicted of a second or subsequent

29  violation of this subsection shall be required to pay a

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

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

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




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

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

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

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

  5  conviction for purposes of this subsection.

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

  7  shall be held harmless from either criminal or civil liability

  8  for any decisions made or services rendered under the

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

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

11  part in an investigation of cruelty to animals.

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

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

14  entertainment or sport shall be guilty of a third degree

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

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

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

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

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

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

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

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

23  threat to other livestock or human beings;

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

25  horse when its ownership is unknown; or

26         (c)  For the purpose of administering veterinary care

27  to the horse.

28         Section 2.  For the purpose of incorporating the

29  amendment to section 828.12, Florida Statutes, in references

30  thereto, paragraph (d) of subsection (6) of section 550.2415,

31  Florida Statutes, is reenacted to read:

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         550.2415  Racing of animals under certain conditions

  2  prohibited; penalties; exceptions.--

  3         (6)

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

  5  828.12 involving a racing animal constitutes a violation of

  6  this chapter.

  7         Section 3.  For the purpose of incorporating the

  8  amendment to section 828.12, Florida Statutes, in references

  9  thereto, subsection (5) and paragraph (a) of subsection (6) of

10  section 828.122, Florida Statutes, are reenacted to read:

11         828.122  Fighting or baiting animals; offenses;

12  penalties.--

13         (5)  Whenever an indictment is returned or an

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

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

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

17  shall order the animals seized and shall provide for

18  appropriate and humane care or disposition of the animals.

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

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

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

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

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

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

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

26  828.12 is not violated.

27         Section 4.  For the purpose of incorporating the

28  amendment to section 828.12, Florida Statutes, in references

29  thereto, section 828.17, Florida Statutes, is reenacted to

30  read:

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         828.17  Officer to arrest without warrant.--Any sheriff

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

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

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

  5  828.04, 828.08, 828.12, and 828.13-828.16, and the officer

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

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

  8  procure such warrant.

  9         Section 5.  For the purpose of incorporating the

10  amendment to section 828.12, Florida Statutes, in references

11  thereto, subsection (3) of section 828.24, Florida Statutes,

12  is reenacted to read:

13         828.24  Prohibited acts; exemption.--

14         (3)  Nothing in this section precludes the enforcement

15  of s. 828.12 relating to cruelty to animals.

16         Section 6.  For the purpose of incorporating the

17  amendment to section 828.12, Florida Statutes, in references

18  thereto, subsection (3) of section 828.26, Florida Statutes,

19  is reenacted to read:

20         828.26  Penalties.--

21         (3)  Nothing in this section precludes the enforcement

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

23         Section 7.  For the purpose of incorporating the

24  amendment to section 828.12, Florida Statutes, in references

25  thereto, subsection (14) of section 828.29, Florida Statutes,

26  is reenacted to read:

27         828.29  Dogs and cats transported or offered for sale;

28  health requirements; consumer guarantee.--

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

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

31  being a pet dealer.

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         Section 8.  For the purpose of incorporating the

  2  amendment to section 828.12, Florida Statutes, in references

  3  thereto, paragraph (b) of subsection (3) of section 943.051,

  4  Florida Statutes, is reenacted to read:

  5         943.051  Criminal justice information; collection and

  6  storage; fingerprinting.--

  7         (3)

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

  9  committed the following offenses shall be fingerprinted and

10  the fingerprints shall be submitted to the department:

11         1.  Assault, as defined in s. 784.011.

12         2.  Battery, as defined in s. 784.03.

13         3.  Carrying a concealed weapon, as defined in s.

14  790.01(1).

15         4.  Unlawful use of destructive devices or bombs, as

16  defined in s. 790.1615(1).

17         5.  Negligent treatment of children, as defined in s.

18  827.05.

19         6.  Assault or battery on a law enforcement officer, a

20  firefighter, or other specified officers, as defined in s.

21  784.07(2)(a) and (b).

22         7.  Open carrying of a weapon, as defined in s.

23  790.053.

24         8.  Exposure of sexual organs, as defined in s. 800.03.

25         9.  Unlawful possession of a firearm, as defined in s.

26  790.22(5).

27         10.  Petit theft, as defined in s. 812.014(3).

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

29         12.  Arson, as defined in s. 806.031(1).

30

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         13.  Unlawful possession or discharge of a weapon or

  2  firearm at a school-sponsored event or on school property as

  3  defined in s. 790.115.

  4         Section 9.  For the purpose of incorporating the

  5  amendment to section 828.12, Florida Statutes, in references

  6  thereto, paragraph (b) of subsection (1) of section 985.212,

  7  Florida Statutes, is reenacted to read:

  8         985.212  Fingerprinting and photographing.--

  9         (1)

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

11  committed one of the following offenses shall be

12  fingerprinted, and the fingerprints shall be submitted to the

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

14         1.  Assault, as defined in s. 784.011.

15         2.  Battery, as defined in s. 784.03.

16         3.  Carrying a concealed weapon, as defined in s.

17  790.01(1).

18         4.  Unlawful use of destructive devices or bombs, as

19  defined in s. 790.1615(1).

20         5.  Negligent treatment of children, as defined in

21  former s. 827.05.

22         6.  Assault on a law enforcement officer, a

23  firefighter, or other specified officers, as defined in s.

24  784.07(2)(a).

25         7.  Open carrying of a weapon, as defined in s.

26  790.053.

27         8.  Exposure of sexual organs, as defined in s. 800.03.

28         9.  Unlawful possession of a firearm, as defined in s.

29  790.22(5).

30         10.  Petit theft, as defined in s. 812.014.

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

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         12.  Arson, resulting in bodily harm to a firefighter,

  2  as defined in s. 806.031(1).

  3         13.  Unlawful possession or discharge of a weapon or

  4  firearm at a school-sponsored event or on school property as

  5  defined in s. 790.115.

  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.

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1         (c)  The court shall be responsible for the

  2  fingerprinting of any child at the disposition hearing if the

  3  child has been adjudicated or had adjudication withheld for

  4  any felony in the case currently before the court.

  5         Section 10.  For the purpose of incorporating the

  6  amendment to section 828.12, Florida Statutes, in references

  7  thereto, paragraph (c) of subsection (3) of section 921.0022,

  8  Florida Statutes, is reenacted to read:

  9         921.0022  Criminal Punishment Code; offense severity

10  ranking chart.--

11         (3)  OFFENSE SEVERITY RANKING CHART

12

13  Florida           Felony

14  Statute           Degree             Description

15

16                              (c)  LEVEL 3

17  316.1935(2)        3rd      Fleeing or attempting to elude

18                              law enforcement officer in marked

19                              patrol vehicle with siren and

20                              lights activated.

21  319.30(4)          3rd      Possession by junkyard of motor

22                              vehicle with identification

23                              number plate removed.

24  319.33(1)(a)       3rd      Alter or forge any certificate of

25                              title to a motor vehicle or

26                              mobile home.

27  319.33(1)(c)       3rd      Procure or pass title on stolen

28                              vehicle.

29

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1  319.33(4)          3rd      With intent to defraud, possess,

  2                              sell, etc., a blank, forged, or

  3                              unlawfully obtained title or

  4                              registration.

  5  328.05(2)          3rd      Possess, sell, or counterfeit

  6                              fictitious, stolen, or fraudulent

  7                              titles or bills of sale of

  8                              vessels.

  9  328.07(4)          3rd      Manufacture, exchange, or possess

10                              vessel with counterfeit or wrong

11                              ID number.

12  376.302(5)         3rd      Fraud related to reimbursement

13                              for cleanup expenses under the

14                              Inland Protection Trust Fund.

15  501.001(2)(b)      2nd      Tampers with a consumer product

16                              or the container using materially

17                              false/misleading information.

18  697.08             3rd      Equity skimming.

19  790.15(3)          3rd      Person directs another to

20                              discharge firearm from a vehicle.

21  796.05(1)          3rd      Live on earnings of a prostitute.

22  806.10(1)          3rd      Maliciously injure, destroy, or

23                              interfere with vehicles or

24                              equipment used in firefighting.

25  806.10(2)          3rd      Interferes with or assaults

26                              firefighter in performance of

27                              duty.

28  810.09(2)(c)       3rd      Trespass on property other than

29                              structure or conveyance armed

30                              with firearm or dangerous weapon.

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

  2                              less than $10,000.

  3  815.04(4)(b)       2nd      Computer offense devised to

  4                              defraud or obtain property.

  5  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  6                              (Florida Communications Fraud

  7                              Act), property valued at less

  8                              than $20,000.

  9  817.233            3rd      Burning to defraud insurer.

10  817.234(8)&(9)     3rd      Unlawful solicitation of persons

11                              involved in motor vehicle

12                              accidents.

13  817.234(11)(a)     3rd      Insurance fraud; property value

14                              less than $20,000.

15  817.505(4)         3rd      Patient brokering.

16  828.12(2)          3rd      Tortures any animal with intent

17                              to inflict intense pain, serious

18                              physical injury, or death.

19  831.28(2)(a)       3rd      Counterfeiting a payment

20                              instrument with intent to defraud

21                              or possessing a counterfeit

22                              payment instrument.

23  831.29             2nd      Possession of instruments for

24                              counterfeiting drivers' licenses

25                              or identification cards.

26  838.021(3)(b)      3rd      Threatens unlawful harm to public

27                              servant.

28  843.19             3rd      Injure, disable, or kill police

29                              dog or horse.

30  870.01(2)          3rd      Riot; inciting or encouraging.

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




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

  2                              cannabis (or other s.

  3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

  7  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

12                              of university or public park.

13  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

14                              893.03(1)(c), (2)(c)1., (2)(c)2.,

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

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

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

18                              of public housing facility.

19  893.13(6)(a)       3rd      Possession of any controlled

20                              substance other than felony

21                              possession of cannabis.

22  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

23                              controlled substance by fraud,

24                              forgery, misrepresentation, etc.

25  893.13(7)(a)11.    3rd      Furnish false or fraudulent

26                              material information on any

27                              document or record required by

28                              chapter 893.

29  918.13(1)(a)       3rd      Alter, destroy, or conceal

30                              investigation evidence.

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    Florida Senate - 2002                                  SB 1002
    8-886-02                                            See HB 691




  1  944.47

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

  3                              correctional facility.

  4  944.47(1)(c)       2nd      Possess contraband while upon the

  5                              grounds of a correctional

  6                              institution.

  7  985.3141           3rd      Escapes from a juvenile facility

  8                              (secure detention or residential

  9                              commitment facility).

10         Section 11.  This act shall take effect upon becoming a

11  law.

12

13            *****************************************

14                       LEGISLATIVE SUMMARY

15
      Includes deprivation of medical attention or sanitation
16    among acts that constitute cruelty to an animal for which
      a first degree misdemeanor penalty is provided.
17

18    Provides that any person convicted of specified acts
      which constitute cruelty to an animal, where the court
19    determines that the violation includes the knowing and
      intentional torture or torment of an animal, shall, in
20    addition to any other sentence imposed, be ordered to
      complete an anger management treatment program. Provides
21    that a person convicted for a second or subsequent
      violation shall be required to pay a minimum mandatory
22    fine of $5,000 and serve a minimum mandatory period of
      incarceration of 6 months, shall not be eligible for
23    parole, control release, or any form of early release
      from incarceration, and must serve 100 percent of the
24    court-imposed sentence.

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