Senate Bill sb2796
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Florida Senate - 2004 SB 2796
By Senator Sebesta
16-1691A-04 See HB
1 A bill to be entitled
2 An act relating to animal cruelty; amending s.
3 828.12, F.S.; increasing criminal penalties for
4 certain acts of animal cruelty; increasing
5 certain minimum mandatory fines and periods of
6 incarceration; amending s. 921.0022, F.S.;
7 redesignating the offense related to the
8 intentional torture of animals in the offense
9 severity ranking chart for purposes of
10 specifying criminal penalties under the
11 Criminal Punishment Code; providing an
12 effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 828.12, Florida Statutes, is
17 amended to read:
18 828.12 Cruelty to animals.--
19 (1) A person who unnecessarily overloads, overdrives,
20 torments, deprives of necessary sustenance or shelter, or
21 unnecessarily mutilates, or kills any animal, or causes the
22 same to be done, or carries in or upon any vehicle, or
23 otherwise, any animal in a cruel or inhumane manner, commits
24 is guilty of a felony misdemeanor of the third first degree,
25 punishable as provided in s. 775.082 or by a fine of not more
26 than $5,000, or both.
27 (2) A person who intentionally commits an act to any
28 animal which results in the cruel death, or excessive or
29 repeated infliction of unnecessary pain or suffering, or
30 causes the same to be done, commits is guilty of a felony of
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Florida Senate - 2004 SB 2796
16-1691A-04 See HB
1 the second third degree, punishable as provided in s. 775.082
2 or by a fine of not more than $10,000, or both.
3 (a) A person convicted of a violation of this
4 subsection, where the finder of fact determines that the
5 violation includes the knowing and intentional torture or
6 torment of an animal that injures, mutilates, or kills the
7 animal, shall be ordered to pay a minimum mandatory fine of
8 $5,000, serve a minimum mandatory period of incarceration of 6
9 months, $2,500 and undergo psychological counseling or
10 complete an anger management treatment program.
11 (b) Any person convicted of a second or subsequent
12 violation of this subsection shall be required to pay a
13 minimum mandatory fine of $5,000 and serve a minimum mandatory
14 period of incarceration of 10 6 months. In addition, the
15 person shall be released only upon expiration of sentence,
16 shall not be eligible for parole, control release, or any form
17 of early release, and must serve 100 percent of the
18 court-imposed sentence. Any plea of nolo contendere shall be
19 considered a conviction for purposes of this subsection.
20 (3) A veterinarian licensed to practice in the state
21 shall be held harmless from either criminal or civil liability
22 for any decisions made or services rendered under the
23 provisions of this section. Such a veterinarian is, therefore,
24 under this subsection, immune from a lawsuit for his or her
25 part in an investigation of cruelty to animals.
26 (4) A person who intentionally trips, fells, ropes, or
27 lassos the legs of a horse by any means for the purpose of
28 entertainment or sport shall be guilty of a third degree
29 felony, punishable as provided in s. 775.082, s. 775.083, or
30 s. 775.084. As used in this subsection, "trip" means any act
31 that consists of the use of any wire, pole, stick, rope, or
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Florida Senate - 2004 SB 2796
16-1691A-04 See HB
1 other apparatus to cause a horse to fall or lose its balance,
2 and "horse" means any animal of any registered breed of the
3 genus Equus, or any recognized hybrid thereof. The provisions
4 of this subsection shall not apply when tripping is used:
5 (a) To control a horse that is posing an immediate
6 threat to other livestock or human beings;
7 (b) For the purpose of identifying ownership of the
8 horse when its ownership is unknown; or
9 (c) For the purpose of administering veterinary care
10 to the horse.
11 Section 2. Paragraphs (c) and (d) of subsection (3) of
12 section 921.0022, Florida Statutes, are amended to read:
13 921.0022 Criminal Punishment Code; offense severity
14 ranking chart.--
15 (3) OFFENSE SEVERITY RANKING CHART
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17 Florida Felony
18 Statute Degree Description
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21 (c) LEVEL 3
22 119.10(3) 3rd Unlawful use of confidential
23 information from police reports.
24 316.066(3)
25 (d)-(f) 3rd Unlawfully obtaining or using
26 confidential crash reports.
27 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
28 316.1935(2) 3rd Fleeing or attempting to elude
29 law enforcement officer in marked
30 patrol vehicle with siren and
31 lights activated.
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Florida Senate - 2004 SB 2796
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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.
13 327.35(2)(b) 3rd Felony BUI.
14 328.05(2) 3rd Possess, sell, or counterfeit
15 fictitious, stolen, or fraudulent
16 titles or bills of sale of
17 vessels.
18 328.07(4) 3rd Manufacture, exchange, or possess
19 vessel with counterfeit or wrong
20 ID number.
21 370.12(1)(e)5. 3rd Taking, disturbing, mutilating,
22 destroying, causing to be
23 destroyed, transferring, selling,
24 offering to sell, molesting, or
25 harassing marine turtles, marine
26 turtle eggs, or marine turtle
27 nests in violation of the Marine
28 Turtle Protection Act.
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Florida Senate - 2004 SB 2796
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1 370.12(1)(e)6. 3rd Soliciting to commit or
2 conspiring to commit a violation
3 of the Marine Turtle Protection
4 Act.
5 376.302(5) 3rd Fraud related to reimbursement
6 for cleanup expenses under the
7 Inland Protection Trust Fund.
8 400.903(3) 3rd Operating a clinic without a
9 license or filing false license
10 application or other required
11 information.
12 440.105(3)(b) 3rd Receipt of fee or consideration
13 without approval by judge of
14 compensation claims.
15 440.1051(3) 3rd False report of workers'
16 compensation fraud or retaliation
17 for making such a report.
18 501.001(2)(b) 2nd Tampers with a consumer product
19 or the container using materially
20 false/misleading information.
21 624.401(4)(a) 3rd Transacting insurance without a
22 certificate of authority.
23 624.401(4)(b)1. 3rd Transacting insurance without a
24 certificate of authority; premium
25 collected less than $20,000.
26 626.902(1)
27 (a) & (b) 3rd Representing an unauthorized
28 insurer.
29 697.08 3rd Equity skimming.
30 790.15(3) 3rd Person directs another to
31 discharge firearm from a vehicle.
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Florida Senate - 2004 SB 2796
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1 796.05(1) 3rd Live on earnings of a prostitute.
2 806.10(1) 3rd Maliciously injure, destroy, or
3 interfere with vehicles or
4 equipment used in firefighting.
5 806.10(2) 3rd Interferes with or assaults
6 firefighter in performance of
7 duty.
8 810.09(2)(c) 3rd Trespass on property other than
9 structure or conveyance armed
10 with firearm or dangerous weapon.
11 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
12 less than $10,000.
13 812.0145(2)(c) 3rd Theft from person 65 years of age
14 or older; $300 or more but less
15 than $10,000.
16 815.04(4)(b) 2nd Computer offense devised to
17 defraud or obtain property.
18 817.034(4)(a)3. 3rd Engages in scheme to defraud
19 (Florida Communications Fraud
20 Act), property valued at less
21 than $20,000.
22 817.233 3rd Burning to defraud insurer.
23 817.234(8)
24 (b)-(c) 3rd Unlawful solicitation of persons
25 involved in motor vehicle
26 accidents.
27 817.234(11)(a) 3rd Insurance fraud; property value
28 less than $20,000.
29 817.236 3rd Filing a false motor vehicle
30 insurance application.
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Florida Senate - 2004 SB 2796
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1 817.2361 3rd Creating, marketing, or
2 presenting a false or fraudulent
3 motor vehicle insurance card.
4 817.413(2) 3rd Sale of used goods as new.
5 817.505(4) 3rd Patient brokering.
6 828.12(2) 3rd Tortures any animal with intent
7 to inflict intense pain, serious
8 physical injury, or death.
9 831.28(2)(a) 3rd Counterfeiting a payment
10 instrument with intent to defraud
11 or possessing a counterfeit
12 payment instrument.
13 831.29 2nd Possession of instruments for
14 counterfeiting drivers' licenses
15 or identification cards.
16 838.021(3)(b) 3rd Threatens unlawful harm to public
17 servant.
18 843.19 3rd Injure, disable, or kill police
19 dog or horse.
20 860.15(3) 3rd Overcharging for repairs and
21 parts.
22 870.01(2) 3rd Riot; inciting or encouraging.
23 893.13(1)(a)2. 3rd Sell, manufacture, or deliver
24 cannabis (or other s.
25 893.03(1)(c), (2)(c)1., (2)(c)2.,
26 (2)(c)3., (2)(c)5., (2)(c)6.,
27 (2)(c)7., (2)(c)8., (2)(c)9.,
28 (3), or (4) drugs).
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Florida Senate - 2004 SB 2796
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1 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s.
2 893.03(1)(c), (2)(c)1., (2)(c)2.,
3 (2)(c)3., (2)(c)5., (2)(c)6.,
4 (2)(c)7., (2)(c)8., (2)(c)9.,
5 (3), or (4) drugs within 1,000
6 feet of university.
7 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s.
8 893.03(1)(c), (2)(c)1., (2)(c)2.,
9 (2)(c)3., (2)(c)5., (2)(c)6.,
10 (2)(c)7., (2)(c)8., (2)(c)9.,
11 (3), or (4) drugs within 1,000
12 feet of public housing facility.
13 893.13(6)(a) 3rd Possession of any controlled
14 substance other than felony
15 possession of cannabis.
16 893.13(7)(a)8. 3rd Withhold information from
17 practitioner regarding previous
18 receipt of or prescription for a
19 controlled substance.
20 893.13(7)(a)9. 3rd Obtain or attempt to obtain
21 controlled substance by fraud,
22 forgery, misrepresentation, etc.
23 893.13(7)(a)10. 3rd Affix false or forged label to
24 package of controlled substance.
25 893.13(7)(a)11. 3rd Furnish false or fraudulent
26 material information on any
27 document or record required by
28 chapter 893.
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Florida Senate - 2004 SB 2796
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1 893.13(8)(a)1. 3rd Knowingly assist a patient, other
2 person, or owner of an animal in
3 obtaining a controlled substance
4 through deceptive, untrue, or
5 fraudulent representations in or
6 related to the practitioner's
7 practice.
8 893.13(8)(a)2. 3rd Employ a trick or scheme in the
9 practitioner's practice to assist
10 a patient, other person, or owner
11 of an animal in obtaining a
12 controlled substance.
13 893.13(8)(a)3. 3rd Knowingly write a prescription
14 for a controlled substance for a
15 fictitious person.
16 893.13(8)(a)4. 3rd Write a prescription for a
17 controlled substance for a
18 patient, other person, or an
19 animal if the sole purpose of
20 writing the prescription is a
21 monetary benefit for the
22 practitioner.
23 918.13(1)(a) 3rd Alter, destroy, or conceal
24 investigation evidence.
25 944.47
26 (1)(a)1.-2. 3rd Introduce contraband to
27 correctional facility.
28 944.47(1)(c) 2nd Possess contraband while upon the
29 grounds of a correctional
30 institution.
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Florida Senate - 2004 SB 2796
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1 985.3141 3rd Escapes from a juvenile facility
2 (secure detention or residential
3 commitment facility).
4 (d) LEVEL 4
5 316.1935(3) 2nd Driving at high speed or with
6 wanton disregard for safety while
7 fleeing or attempting to elude
8 law enforcement officer who is in
9 a marked patrol vehicle with
10 siren and lights activated.
11 499.0051(1) 3rd Failure to maintain or deliver
12 pedigree papers.
13 499.0051(2) 3rd Failure to authenticate pedigree
14 papers.
15 499.0051(6) 2nd Sale or delivery, or possession
16 with intent to sell, contraband
17 legend drugs.
18 784.07(2)(b) 3rd Battery of law enforcement
19 officer, firefighter, intake
20 officer, etc.
21 784.074(1)(c) 3rd Battery of sexually violent
22 predators facility staff.
23 784.075 3rd Battery on detention or
24 commitment facility staff.
25 784.078 3rd Battery of facility employee by
26 throwing, tossing, or expelling
27 certain fluids or materials.
28 784.08(2)(c) 3rd Battery on a person 65 years of
29 age or older.
30 784.081(3) 3rd Battery on specified official or
31 employee.
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Florida Senate - 2004 SB 2796
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1 784.082(3) 3rd Battery by detained person on
2 visitor or other detainee.
3 784.083(3) 3rd Battery on code inspector.
4 784.085 3rd Battery of child by throwing,
5 tossing, projecting, or expelling
6 certain fluids or materials.
7 787.03(1) 3rd Interference with custody;
8 wrongly takes child from
9 appointed guardian.
10 787.04(2) 3rd Take, entice, or remove child
11 beyond state limits with criminal
12 intent pending custody
13 proceedings.
14 787.04(3) 3rd Carrying child beyond state lines
15 with criminal intent to avoid
16 producing child at custody
17 hearing or delivering to
18 designated person.
19 790.115(1) 3rd Exhibiting firearm or weapon
20 within 1,000 feet of a school.
21 790.115(2)(b) 3rd Possessing electric weapon or
22 device, destructive device, or
23 other weapon on school property.
24 790.115(2)(c) 3rd Possessing firearm on school
25 property.
26 800.04(7)(d) 3rd Lewd or lascivious exhibition;
27 offender less than 18 years.
28 810.02(4)(a) 3rd Burglary, or attempted burglary,
29 of an unoccupied structure;
30 unarmed; no assault or battery.
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Florida Senate - 2004 SB 2796
16-1691A-04 See HB
1 810.02(4)(b) 3rd Burglary, or attempted burglary,
2 of an unoccupied conveyance;
3 unarmed; no assault or battery.
4 810.06 3rd Burglary; possession of tools.
5 810.08(2)(c) 3rd Trespass on property, armed with
6 firearm or dangerous weapon.
7 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000
8 or more but less than $20,000.
9 812.014
10 (2)(c)4.-10. 3rd Grand theft, 3rd degree, a will,
11 firearm, motor vehicle,
12 livestock, etc.
13 812.0195(2) 3rd Dealing in stolen property by use
14 of the Internet; property stolen
15 $300 or more.
16 817.563(1) 3rd Sell or deliver substance other
17 than controlled substance agreed
18 upon, excluding s. 893.03(5)
19 drugs.
20 817.568(2)(a) 3rd Fraudulent use of personal
21 identification information.
22 817.625(2)(a) 3rd Fraudulent use of scanning device
23 or reencoder.
24 828.12(2) 2nd Tortures any animal with intent
25 to inflict intense pain, serious
26 physical injury, or death.
27 828.125(1) 2nd Kill, maim, or cause great bodily
28 harm or permanent breeding
29 disability to any registered
30 horse or cattle.
31 837.02(1) 3rd Perjury in official proceedings.
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Florida Senate - 2004 SB 2796
16-1691A-04 See HB
1 837.021(1) 3rd Make contradictory statements in
2 official proceedings.
3 838.022 3rd Official misconduct.
4 839.13(2)(a) 3rd Falsifying records of an
5 individual in the care and
6 custody of a state agency.
7 839.13(2)(c) 3rd Falsifying records of the
8 Department of Children and Family
9 Services.
10 843.021 3rd Possession of a concealed
11 handcuff key by a person in
12 custody.
13 843.025 3rd Deprive law enforcement,
14 correctional, or correctional
15 probation officer of means of
16 protection or communication.
17 843.15(1)(a) 3rd Failure to appear while on bail
18 for felony (bond estreature or
19 bond jumping).
20 874.05(1) 3rd Encouraging or recruiting another
21 to join a criminal street gang.
22 893.13(2)(a)1. 2nd Purchase of cocaine (or other s.
23 893.03(1)(a), (b), or (d),
24 (2)(a), (2)(b), or (2)(c)4.
25 drugs).
26 914.14(2) 3rd Witnesses accepting bribes.
27 914.22(1) 3rd Force, threaten, etc., witness,
28 victim, or informant.
29 914.23(2) 3rd Retaliation against a witness,
30 victim, or informant, no bodily
31 injury.
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Florida Senate - 2004 SB 2796
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1 918.12 3rd Tampering with jurors.
2 934.215 3rd Use of two-way communications
3 device to facilitate commission
4 of a crime.
5 Section 3. This act shall take effect upon becoming a
6 law.
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