Senate Bill sb0558

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    Florida Senate - 2005                                   SB 558

    By Senator Rich





    34-576-05

  1                      A bill to be entitled

  2         An act relating to cruelty to animals; amending

  3         s. 828.12, F.S.; increasing certain minimum

  4         mandatory fines and periods of incarceration

  5         for certain acts of cruelty to animals;

  6         amending s. 828.121, F.S.; providing a

  7         definition; providing that it is a first-degree

  8         misdemeanor for a person to intentionally drag

  9         or fell by the tail a bovine animal in an

10         organized sports exhibition; providing

11         clarification regarding techniques or practices

12         that are not prohibited; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Subsections (1) and (2) of section 828.12,

18  Florida Statutes, are amended to read:

19         828.12  Cruelty to animals.--

20         (1)  A person who unnecessarily overloads, overdrives,

21  torments, deprives of necessary sustenance or shelter, or

22  unnecessarily mutilates, or kills any animal, or causes the

23  same to be done, or carries in or upon any vehicle, or

24  otherwise, any animal in a cruel or inhumane manner, commits

25  is guilty of a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or by a fine of not more than $5,000,

27  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

31  causes the same to be done, commits is guilty of a felony of

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    Florida Senate - 2005                                   SB 558
    34-576-05




 1  the third degree, punishable as provided in s. 775.082 or by a

 2  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, shall be sentenced to a minimum mandatory term of

 9  incarceration of 6 months, $2,500 and shall undergo

10  psychological counseling or complete an anger management

11  treatment program.

12         (b)  Any person convicted of a second or subsequent

13  violation of this subsection shall be required to pay a

14  minimum mandatory fine of $5,000 and shall be sentenced to a

15  minimum mandatory term of incarceration of 10 months and serve

16  a minimum mandatory period of incarceration of 6 months. In

17  addition, the person shall be released only upon expiration of

18  sentence, shall not be eligible for parole, control release,

19  or any form of early release, and must serve 100 percent of

20  the court-imposed sentence. Any plea of nolo contendere shall

21  be considered a conviction for purposes of this subsection.

22         Section 2.  Section 828.121, Florida Statutes, is

23  amended to read:

24         828.121  Conduct of simulated bullfighting exhibitions;

25  bulltailing.--

26         (1)  As used in this section, the term "bovine animal"

27  means an animal of the subfamily bovine and includes, but is

28  not limited to, a steer, calf, bull, ox, heifer, or cow.

29         (2)  A It shall be unlawful, and punishable as a

30  misdemeanor, for any person may not to conduct or engage in a

31  simulated or bloodless bullfighting exhibition.

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    Florida Senate - 2005                                   SB 558
    34-576-05




 1         (3)  A person may not intentionally drag or fell by the

 2  tail a bovine animal in an organized sports exhibition.

 3         (4)(a)  A person who violates subsection (2) commits a

 4  misdemeanor of the second degree, punishable as provided in s.

 5  775.082 or s. 775.083.

 6         (b)  A person who violates subsection (3) commits a

 7  misdemeanor of the first degree, punishable as provided in s.

 8  775.082 or s. 775.083.

 9         (5)  This section does not prohibit or otherwise

10  restrict recognized rodeo or animal husbandry and training

11  techniques or practices that are not otherwise prohibited by

12  general law.

13         Section 3.  This act shall take effect July 1, 2005.

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16                          SENATE SUMMARY

17    Increases the minimum mandatory fines and periods of
      incarceration for acts of cruelty to animals. Provides
18    that it is a second-degree misdemeanor for a person to
      conduct a simulated bullfighting exhibition. Provides
19    that it is a first-degree misdemeanor for a person to
      intentionally drag or fell by the tail a bovine animal in
20    an organized sports exhibition. Provides clarification
      regarding techniques or practices that are not
21    prohibited.

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