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:
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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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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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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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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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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).
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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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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
22
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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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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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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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.
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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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