| 1 | The Committee on Public Safety & Crime Prevention recommends the |
| 2 | following: |
| 3 |
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| 4 | Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to cruelty to animals; amending s. 828.12, |
| 8 | F.S.; increasing certain minimum mandatory fines and |
| 9 | periods of incarceration for certain acts of cruelty to |
| 10 | animals; amending s. 828.121, F.S.; providing a |
| 11 | definition; providing that it is a third-degree felony for |
| 12 | a person to intentionally drag or fell by the tail a |
| 13 | bovine animal in an organized sports exhibition; providing |
| 14 | an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Subsections (1) and (2) of section 828.12, |
| 19 | Florida Statutes, are amended to read: |
| 20 | 828.12 Cruelty to animals.-- |
| 21 | (1) A person who unnecessarily overloads, overdrives, |
| 22 | torments, deprives of necessary sustenance or shelter, or |
| 23 | unnecessarily mutilates, or kills any animal, or causes the same |
| 24 | to be done, or carries in or upon any vehicle, or otherwise, any |
| 25 | animal in a cruel or inhumane manner, commits is guilty of a |
| 26 | misdemeanor of the first degree, punishable as provided in s. |
| 27 | 775.082 or by a fine of not more than $5,000, or both. |
| 28 | (2) A person who intentionally commits an act to any |
| 29 | animal which results in the cruel death, or excessive or |
| 30 | repeated infliction of unnecessary pain or suffering, or causes |
| 31 | the same to be done, commits is guilty of a felony of the third |
| 32 | degree, punishable as provided in s. 775.082 or by a fine of not |
| 33 | more than $10,000, or both. |
| 34 | (a) A person convicted of a violation of this subsection, |
| 35 | where the finder of fact determines that the violation includes |
| 36 | the knowing and intentional torture or torment of an animal that |
| 37 | injures, mutilates, or kills the animal, shall be ordered to pay |
| 38 | a minimum mandatory fine of $5,000, shall be sentenced to a |
| 39 | minimum mandatory term of incarceration of 6 months, $2,500 and |
| 40 | shall undergo psychological counseling or complete an anger |
| 41 | management treatment program. |
| 42 | (b) Any person convicted of a second or subsequent |
| 43 | violation of this subsection shall be required to pay a minimum |
| 44 | mandatory fine of $5,000 and shall be sentenced to a minimum |
| 45 | mandatory term of incarceration of 10 months and serve a minimum |
| 46 | mandatory period of incarceration of 6 months. In addition, the |
| 47 | person shall be released only upon expiration of sentence, shall |
| 48 | not be eligible for parole, control release, or any form of |
| 49 | early release, and must serve 100 percent of the court-imposed |
| 50 | sentence. Any plea of nolo contendere shall be considered a |
| 51 | conviction for purposes of this subsection. |
| 52 | Section 2. Section 828.121, Florida Statutes, is amended |
| 53 | to read: |
| 54 | 828.121 Conduct of simulated bullfighting exhibitions; |
| 55 | bulltailing.-- |
| 56 | (1) As used in this section, the term "bovine animal" |
| 57 | means an animal of the subfamily bovine and includes, but is not |
| 58 | limited to, a steer, calf, bull, ox, heifer, or cow. |
| 59 | (2) A It shall be unlawful, and punishable as a |
| 60 | misdemeanor, for any person may not to conduct or engage in a |
| 61 | simulated or bloodless bullfighting exhibition. |
| 62 | (3) A person may not intentionally drag or fell by the |
| 63 | tail a bovine animal in an organized sports exhibition. |
| 64 | (4)(a) A person who violates subsection (2) commits a |
| 65 | misdemeanor of the second degree, punishable as provided in s. |
| 66 | 775.082 or s. 775.083. |
| 67 | (b) A person who violates subsection (3) commits a felony |
| 68 | of the third degree, punishable as provided in s. 775.082, s. |
| 69 | 775.083, or s. 775.084. |
| 70 | Section 3. This act shall take effect upon becoming a law. |