HB 1637

1	A bill to be entitled
2	An act relating to cruelty to animals; amending s. 828.12,
3	F.S.; increasing criminal penalties for certain acts of
4	cruelty to animals; increasing certain minimum mandatory
5	fines and periods of incarceration; amending s. 921.0022,
6	F.S.; redesignating the offense related to the intentional
7	torture of animals in the offense severity ranking chart
8	for purposes of specifying criminal penalties under the
9	Criminal Punishment Code; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (1) and (2) of section 828.12,
14	Florida Statutes, are amended to read:
15	828.12  Cruelty to animals.--
16	(1)  A person who unnecessarily overloads, overdrives,
17	torments, deprives of necessary sustenance or shelter, or
18	unnecessarily mutilates, or kills any animal, or causes the same
19	to be done, or carries in or upon any vehicle, or otherwise, any
20	animal in a cruel or inhumane manner, commits is guilty of a
21	felony misdemeanor of the third first degree, punishable as
22	provided in s. 775.082 or by a fine of not more than $5,000, or
23	both.
24	(2)  A person who intentionally commits an act to any
25	animal which results in the cruel death, or excessive or
26	repeated infliction of unnecessary pain or suffering, or causes
27	the same to be done, commits is guilty of a felony of the second
28	third degree, punishable as provided in s. 775.082 or by a fine
29	of not more than $10,000, or both.
30	(a)  A person convicted of a violation of this subsection,
31	where the finder of fact determines that the violation includes
32	the knowing and intentional torture or torment of an animal that
33	injures, mutilates, or kills the animal, shall be ordered to pay
34	a minimum mandatory fine of $5,000, serve a minimum mandatory
35	period of incarceration of 6 months, $2,500 and undergo
36	psychological counseling or complete an anger management
37	treatment program.
38	(b)  Any person convicted of a second or subsequent
39	violation of this subsection shall be required to pay a minimum
40	mandatory fine of $5,000 and serve a minimum mandatory period of
41	incarceration of 10 6 months. In addition, the person shall be
42	released only upon expiration of sentence, shall not be eligible
43	for parole, control release, or any form of early release, and
44	must serve 100 percent of the court-imposed sentence. Any plea
45	of nolo contendere shall be considered a conviction for purposes
46	of this subsection.
47	Section 2.  Paragraphs (c) and (d) of subsection (3) of
48	section 921.0022, Florida Statutes, are amended to read:
49	921.0022  Criminal Punishment Code; offense severity
50	ranking chart.--
51	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
52
	(c)  LEVEL 3
53
	119.10(3) 3rd Unlawful use of confidential information from police reports.
54
	316.066(3)(d)-(f) 3rd Unlawfully obtaining or using confidential crash reports.
55
	316.193(2)(b) 3rd Felony DUI, 3rd conviction.
56
	316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in marked patrol vehicle with siren and lights activated.
57
	319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
58
	319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
59
	319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
60
	319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
61
	327.35(2)(b) 3rd Felony BUI.
62
	328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
63
	328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
64
	370.12(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
65
	370.12(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
66
	376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
67
	400.903(3) 3rd Operating a clinic without a license or filing false license application or other required information.
68
	440.105(3)(b) 3rd Receipt of fee or consideration without approval by judge of compensation claims.
69
	440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
70
	501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
71
	624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
72
	624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
73
	626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
74
	697.08 3rd Equity skimming.
75
	790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
76
	796.05(1) 3rd Live on earnings of a prostitute.
77
	806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
78
	806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
79
	810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
80
	812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
81
	812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
82
	815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
83
	817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
84
	817.233 3rd Burning to defraud insurer.
85
	817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
86
	817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
87
	817.236 3rd Filing a false motor vehicle insurance application.
88
	817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
89
	817.413(2) 3rd Sale of used goods as new.
90
	817.505(4) 3rd Patient brokering.
91
	828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
92
	831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
93
	831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards.
94
	838.021(3)(b) 3rd Threatens unlawful harm to public servant.
95
	843.19 3rd Injure, disable, or kill police dog or horse.
96
	860.15(3) 3rd Overcharging for repairs and parts.
97
	870.01(2) 3rd Riot; inciting or encouraging.
98
	893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
99
	893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
100
	893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
101
	893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
102
	893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
103
	893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
104
	893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
105
	893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
106
	893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
107
	893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
108
	893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
109
	893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
110
	918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
111
	944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility.
112
	944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
113
	985.3141 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
114
	(d)  LEVEL 4
115
	316.1935(3) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a marked patrol vehicle with siren and lights activated.
116
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
117
	499.0051(2) 3rd Failure to authenticate pedigree papers.
118
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
119
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
120
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
121
	784.075 3rd Battery on detention or commitment facility staff.
122
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
123
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
124
	784.081(3) 3rd Battery on specified official or employee.
125
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
126
	784.083(3) 3rd Battery on code inspector.
127
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
128
	787.03(1) 3rd Interference with custody; wrongly takes child from appointed guardian.
129
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
130
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
131
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
132
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
133
	790.115(2)(c) 3rd Possessing firearm on school property.
134
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
135
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
136
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
137
	810.06 3rd Burglary; possession of tools.
138
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
139
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
140
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
141
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
142
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
143
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
144
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
145
	828.12(2) 2nd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
146
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
147
	837.02(1) 3rd Perjury in official proceedings.
148
	837.021(1) 3rd Make contradictory statements in official proceedings.
149
	838.022 3rd Official misconduct.
150
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
151
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
152
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
153
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
154
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
155
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
156
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
157
	914.14(2) 3rd Witnesses accepting bribes.
158
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
159
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
160
	918.12 3rd Tampering with jurors.
161
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
162
163	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.