House Bill hb0691

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    Florida House of Representatives - 2002                 HB 691

        By Representative Kottkamp






  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)11., 985.212(1)(b)11., and

19         921.0022(3)(c), F.S., to incorporate the

20         amendment to s. 828.12, F.S., in references

21         thereto; providing 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 House of Representatives - 2002                 HB 691

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  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, where the court determines that the violation

13  includes the knowing and intentional torture or torment of an

14  animal that injures, mutilates, or kills the animal, shall, in

15  addition to the sentence imposed pursuant to this subsection,

16  be ordered to complete an anger management treatment program.

17  The person ordered to complete the anger management treatment

18  program shall pay the cost of the program, unless the person

19  has been determined by the court to be indigent, in which case

20  the cost shall be paid by the county.

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

22  violation of this subsection, any person convicted of any

23  crime where the court determines that the violation includes

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

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

26  mandatory period of incarceration of 3 months.

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

28  violation of this subsection shall be required to pay a

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

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

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

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    Florida House of Representatives - 2002                 HB 691

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

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

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

  4  conviction for purposes of this subsection.

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

  6  shall be held harmless from either criminal or civil liability

  7  for any decisions made or services rendered under the

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

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

10  part in an investigation of cruelty to animals.

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

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

13  entertainment or sport shall be guilty of a third degree

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

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

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

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

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

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

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

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

22  threat to other livestock or human beings;

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

24  horse when its ownership is unknown; or

25         (c)  For the purpose of administering veterinary care

26  to the horse.

27         Section 2.  For the purpose of incorporating the

28  amendment to section 828.12, Florida Statutes, in references

29  thereto, the sections or subdivisions of Florida Statutes set

30  forth below are reenacted to read:

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    Florida House of Representatives - 2002                 HB 691

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  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         828.122  Fighting or baiting animals; offenses;

  8  penalties.--

  9         (5)  Whenever an indictment is returned or an

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

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

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

13  shall order the animals seized and shall provide for

14  appropriate and humane care or disposition of the animals.

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

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

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

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

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

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

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

22  828.12 is not violated.

23         828.17  Officer to arrest without warrant.--Any sheriff

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

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

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

27  828.04, 828.08, 828.12, and 828.13-828.16, and the officer

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

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

30  procure such warrant.

31         828.24  Prohibited acts; exemption.--

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    Florida House of Representatives - 2002                 HB 691

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  1         (3)  Nothing in this section precludes the enforcement

  2  of s. 828.12 relating to cruelty to animals.

  3         828.26  Penalties.--

  4         (3)  Nothing in this section precludes the enforcement

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

  6         828.29  Dogs and cats transported or offered for sale;

  7  health requirements; consumer guarantee.--

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

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

10  being a pet dealer.

11         943.051  Criminal justice information; collection and

12  storage; fingerprinting.--

13         (3)

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

15  committed the following offenses shall be fingerprinted and

16  the fingerprints shall be submitted to the department:

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

18         985.212  Fingerprinting and photographing.--

19         (1)

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

21  committed one of the following offenses shall be

22  fingerprinted, and the fingerprints shall be submitted to the

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

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

25

26  A law enforcement agency may fingerprint and photograph a

27  child taken into custody upon probable cause that such child

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

29  appropriate. Such fingerprint records and photographs shall be

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

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

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    Florida House of Representatives - 2002                 HB 691

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  1  Confidential." These records are not available for public

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

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

  4  to other law enforcement agencies, criminal justice agencies,

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

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

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

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

  9  Law Enforcement for inclusion in the state criminal history

10  records and used by criminal justice agencies for criminal

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

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

13  cause. The fingerprint and photograph records shall be

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

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

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

17  for the purpose of identifying the person who committed such

18  crime.

19         921.0022  Criminal Punishment Code; offense severity

20  ranking chart.--

21         (3)  OFFENSE SEVERITY RANKING CHART

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23  Florida           Felony

24  Statute           Degree             Description

25

26                              (c)  LEVEL 3

27  316.1935(2)        3rd      Fleeing or attempting to elude

28                              law enforcement officer in marked

29                              patrol vehicle with siren and

30                              lights activated.

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    Florida House of Representatives - 2002                 HB 691

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  1  319.30(4)          3rd      Possession by junkyard of motor

  2                              vehicle with identification

  3                              number plate removed.

  4  319.33(1)(a)       3rd      Alter or forge any certificate of

  5                              title to a motor vehicle or

  6                              mobile home.

  7  319.33(1)(c)       3rd      Procure or pass title on stolen

  8                              vehicle.

  9  319.33(4)          3rd      With intent to defraud, possess,

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

11                              unlawfully obtained title or

12                              registration.

13  328.05(2)          3rd      Possess, sell, or counterfeit

14                              fictitious, stolen, or fraudulent

15                              titles or bills of sale of

16                              vessels.

17  328.07(4)          3rd      Manufacture, exchange, or possess

18                              vessel with counterfeit or wrong

19                              ID number.

20  376.302(5)         3rd      Fraud related to reimbursement

21                              for cleanup expenses under the

22                              Inland Protection Trust Fund.

23  501.001(2)(b)      2nd      Tampers with a consumer product

24                              or the container using materially

25                              false/misleading information.

26  697.08             3rd      Equity skimming.

27  790.15(3)          3rd      Person directs another to

28                              discharge firearm from a vehicle.

29  796.05(1)          3rd      Live on earnings of a prostitute.

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    Florida House of Representatives - 2002                 HB 691

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

  2                              interfere with vehicles or

  3                              equipment used in firefighting.

  4  806.10(2)          3rd      Interferes with or assaults

  5                              firefighter in performance of

  6                              duty.

  7  810.09(2)(c)       3rd      Trespass on property other than

  8                              structure or conveyance armed

  9                              with firearm or dangerous weapon.

10  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

11                              less than $10,000.

12  815.04(4)(b)       2nd      Computer offense devised to

13                              defraud or obtain property.

14  817.034(4)(a)3.    3rd      Engages in scheme to defraud

15                              (Florida Communications Fraud

16                              Act), property valued at less

17                              than $20,000.

18  817.233            3rd      Burning to defraud insurer.

19  817.234(8)&(9)     3rd      Unlawful solicitation of persons

20                              involved in motor vehicle

21                              accidents.

22  817.234(11)(a)     3rd      Insurance fraud; property value

23                              less than $20,000.

24  817.505(4)         3rd      Patient brokering.

25  828.12(2)          3rd      Tortures any animal with intent

26                              to inflict intense pain, serious

27                              physical injury, or death.

28  831.28(2)(a)       3rd      Counterfeiting a payment

29                              instrument with intent to defraud

30                              or possessing a counterfeit

31                              payment instrument.

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  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.

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  1  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

  2                              controlled substance by fraud,

  3                              forgery, misrepresentation, etc.

  4  893.13(7)(a)11.    3rd      Furnish false or fraudulent

  5                              material information on any

  6                              document or record required by

  7                              chapter 893.

  8  918.13(1)(a)       3rd      Alter, destroy, or conceal

  9                              investigation evidence.

10  944.47

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

12                              correctional facility.

13  944.47(1)(c)       2nd      Possess contraband while upon the

14                              grounds of a correctional

15                              institution.

16  985.3141           3rd      Escapes from a juvenile facility

17                              (secure detention or residential

18                              commitment facility).

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

20  law.

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    Florida House of Representatives - 2002                 HB 691

    776-101C-02






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  2                          HOUSE SUMMARY

  3
      Includes deprivation of medical attention or sanitation
  4    among acts that constitute cruelty to an animal for which
      a first degree misdemeanor penalty is provided.
  5

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

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