HB 1911, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to animal fighting or baiting; amending s.
3	828.122, F.S.; defining the term "animal fighting";
4	revising the elements of the crime of animal fighting or
5	baiting; prohibiting certain acts associated with animal
6	fighting or baiting; providing for the seizure,
7	impoundment, and euthanasia of animals under certain
8	conditions; providing penalties; amending ss. 933.02 and
9	933.18, F.S.; revising provisions relating to the issuance
10	of search warrants and grounds therefor when laws in
11	relation to cruelty to animals have been or are being
12	violated; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1. Section 828.122, Florida Statutes, is amended
17	to read:
18	828.122 Fighting or baiting animals; offenses;
19	penalties.--
20	(1) This act may be cited as "The Animal Fighting Act."
21	(2) As used in this section, the term:
22	(a) "Animal fighting" means fighting between roosters or
23	other birds or between dogs, bears, or other animals.
24	(b)(a)"Baiting" means to attack with violence, to
25	provoke, or to harass an animal with one or more animals for the
26	purpose of training an animal for, or to cause an animal to
27	engage in, fights with or among other animals. In addition,
28	"baiting" means the use of live animals in the training of
29	racing greyhounds.
30	(c)(b)"Person" means every natural person, firm,
31	copartnership, association, or corporation.
32	(3) Any person who knowinglycommits any of the following
33	acts commitsis guilty ofa felony of the third degree,
34	punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
35	(a) Baiting, breeding, training, transporting, selling,
36	owning, possessing, or using any wild or domesticanimal for the
37	purpose of animal fighting or baiting;
38	(b) Owning, possessing, or selling equipment for use in
39	any activity described in paragraph (a);any other animal.
40	(c)(b) Knowingly Owning, leasing, managing, or operating,
41	or having control of any propertyfacility kept or used for any
42	activity described in paragraph (a) or paragraph (b);the
43	purpose of fighting or baiting any animal.
44	(d)(c)Promoting, staging, advertising, or charging any
45	admission fee to a fight or baiting between two or more
46	animals;.
47	(e) Performing any service or act to facilitate animal
48	fighting or baiting, including, but not limited to, providing
49	security, refereeing, or handling or transporting animals or
50	being a stakeholder of any money wagered on animal fighting or
51	baiting;
52	(f) Removing or facilitating the removal of any animal
53	impounded under this section from an agency where the animal is
54	impounded or from a location designated by the court under
55	subsection (4), subsection (5), or subsection (7), without the
56	prior authorization of the court;
57	(4) Any person who willfully commits any of the following
58	acts is guilty of a misdemeanor of the first degree, punishable
59	as provided in s. 775.082 or s. 775.083:
60	(g)(a)Betting or wagering any money or other valuable
61	consideration on the fighting or baiting of animals; or
62	(h)(b)Attending the fighting or baiting of animals.
63
64	Notwithstanding any provision of this subsection to the
65	contrary, possession of the animal alone does not constitute a
66	violation of this section.
67	(4)(5)If a court finds probable cause to believe that a
68	violation of this section or s. 828.12 has occurred, the court
69	shall order the seizure of any animals and equipment used in
70	committing the violationWhenever an indictment is returned or
71	an information is filed charging a violation of s. 828.12 or of
72	this section and, in the case of an information, a magistrate
73	finds probable cause that a violation has occurred, the court
74	shall order the animals seizedand shall provide for appropriate
75	and humane care or disposition of the animals. This subsection
76	is notprovision shall not be construed asa limitation on the
77	power to seize animals as evidence at the time of arrest.
78	(5) If an animal shelter or other location is unavailable,
79	a court may order the animal to be impounded on the property of
80	its owner or possessor and shall order such person to provide
81	all necessary care for the animal and to allow regular
82	inspections of the animal by a person designated by the court.
83	(6) If a veterinarian finds that an animal kept or used in
84	violation of this section is suffering from an injury or a
85	disease severe enough that it is not possible to humanely house
86	and care for the animal pending completion of a hearing held
87	under s. 828.073(2), final disposition of the criminal charges,
88	or court-ordered forfeiture, the veterinarian may euthanize the
89	animal as specified in s. 828.058. A veterinarian licensed to
90	practice in this state shall be held harmless from criminal or
91	civil liability for any decisions made or services rendered
92	under this subsection.
93	(7) If an animal can be housed in a humane manner, the
94	provisions of s. 828.073 shall apply. For the purpose of a
95	hearing provided pursuant to s. 828.073(2), any animal baited,
96	bred, trained, transported, sold, owned, possessed, or used for
97	the purpose of animal fighting or baiting shall be considered
98	mistreated.
99	(8) In addition to other penalties prescribed by law, the
100	court may issue an order prohibiting a person who is convicted
101	of a violation of this section from owning, possessing, keeping,
102	harboring, or having custody or control over any animals within
103	the species that are the subject of the conviction, or any
104	animals kept for the purpose of fighting or baiting, for a
105	period of time determined by the court.
106	(9)(6)This section The provisions of subsection (3) and
107	paragraph (4)(b)shall not apply to:
108	(a) Any person simulating a fight for the purpose of using
109	the simulated fight as part of a motion picture which will be
110	used on television or in a motion picture, provided s. 828.12 is
111	not violated.
112	(b) Any person using animals to pursue or take wildlife or
113	to participate in any hunting regulated or subject to being
114	regulated by the rules and regulations of the Fish and Wildlife
115	Conservation Commission.
116	(c) Any person using animals to work livestock for
117	agricultural purposes.
118	(d) Any person violating s. 828.121.
119	(e) Any person using dogsanimalsto hunt wild hogs or to
120	retrieve domestic hogs pursuant to customary hunting or
121	agricultural practices.
122	(10)(7) Nothing in This section shall notbe construed to
123	prohibit, impede, or otherwise interfere with recognized animal
124	husbandry and training techniques or practices not otherwise
125	specifically prohibited by law.
126	Section 2. Section 933.02, Florida Statutes, is amended to
127	read:
128	933.02 Grounds for issuance of search warrant.--Upon
129	proper affidavits being made, a search warrant may be issued
130	under the provisions of this chapter upon any of the following
131	grounds:
132	(1) When the property shall have been stolen or embezzled
133	in violation of law;
134	(2) When any property shall have been used:
135	(a) As a means to commit any crime,
136	(b) In connection with gambling, gambling implements and
137	appliances, or
138	(c) In violation of s. 847.011 or other laws in reference
139	to obscene prints and literature;
140	(3) When any property constitutes evidence relevant to
141	proving that a felony has been committed;
142	(4) When any property is being held or possessed:
143	(a) In violation of any of the laws prohibiting the
144	manufacture, sale, and transportation of intoxicating liquors,
145	or
146	(b) In violation of the fish and game laws, or
147	(c) In violation of the laws relative to food and drug, or
148	(d) In violation of a quarantine for citrus canker
149	pursuant to s. 581.184, or
150	(e) Which may be inspected, treated, seized, or destroyed
151	pursuant to s. 581.184; or
152	(5) When the laws in relation to cruelty to animals, as
153	provided in chapter 828,have been or are violated in any
154	particular building or place, but no search shall be made in
155	such building or place after sunset, unless specially authorized
156	by the officer issuing the warrant upon satisfactory cause
157	shown; in which case such property may be taken on the warrant
158	so issued from any house or place in which it is concealed, or
159	from any vehicle, aircraft, or watercraft in which it may be
160	found, or from the possession of any person by whom it shall
161	have been used in the commission of any offense or from any
162	person in whose possession it may be.
163
164	The provisions of This section shall apply also appliesto any
165	papers or documents used as a means of or in aid of the
166	commission of any offense against the laws of the state.
167	Section 3. Section 933.18, Florida Statutes, is amended to
168	read:
169	933.18 When warrant may be issued for search of private
170	dwelling.--No search warrant shall issue under this chapter or
171	under any other law of this state to search any private dwelling
172	occupied as such unless:
173	(1) It is being used for the unlawful sale, possession, or
174	manufacture of intoxicating liquor;
175	(2) Stolen or embezzled property is contained therein;
176	(3) It is being used to carry on gambling;
177	(4) It is being used to perpetrate frauds and swindles;
178	(5) The law relating to narcotics or drug abuse is being
179	violated therein;
180	(6) A weapon, instrumentality, or means by which a felony
181	has been committed, or evidence relevant to proving said felony
182	has been committed, is contained therein;
183	(7) One or more of the following misdemeanor child abuse
184	offenses is being committed there:
185	(a) Interference with custody, in violation of s. 787.03.
186	(b) Commission of an unnatural and lascivious act with a
187	child, in violation of s. 800.02.
188	(c) Exposure of sexual organs to a child, in violation of
189	s. 800.03.
190	(8) It is in part used for some business purpose such as a
191	store, shop, saloon, restaurant, hotel, orboardinghouse, or
192	lodginghouse;
193	(9) It is being used for the unlawful sale, possession, or
194	purchase of wildlife, saltwater products, or freshwater fish
195	being unlawfully kept therein; or
196	(10) The laws in relation to cruelty to animals, as
197	provided in chapter 828,have been or are being violated
198	therein, except that no search pursuant to such a warrant shall
199	be made in any private dwelling after sunset and before sunrise
200	unless specially authorized by the judge issuing the warrant,
201	upon a showing of probable cause. Property relating to the
202	violation of such laws may be taken on a warrant so issued from
203	any private dwelling in which it is concealed or from the
204	possession of any person therein by whom it shall have been used
205	in the commission of such offense or from any person therein in
206	whose possession it may be.
207
208	If, during a search pursuant to a warrant issued under this
209	section, a child is discovered and appears to be in imminent
210	danger, the law enforcement officer conducting such search may
211	remove the child from the private dwelling and take the child
212	into protective custody pursuant to chapter 39. The term
213	"private dwelling" shall be construed to include the room or
214	rooms used and occupied, not transiently but solely as a
215	residence, in an apartment house, hotel, boardinghouse, or
216	lodginghouse. No warrant shall be issued for the search of any
217	private dwelling under any of the conditions hereinabove
218	mentioned except on sworn proof by affidavit of some creditable
219	witness that he or she has reason to believe that one of said
220	conditions exists, which affidavit shall set forth the facts on
221	which such reason for belief is based.
222	Section 4. This act shall take effect upon becoming a law.