| 1 | A bill to be entitled |
| 2 | An act relating to cruelty to animals; amending s. 828.12, |
| 3 | F.S.; increasing certain minimum mandatory fines and |
| 4 | periods of incarceration for certain acts of cruelty to |
| 5 | animals; providing applicability; providing an effective |
| 6 | date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (2) of section 828.12, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 828.12 Cruelty to animals.-- |
| 13 | (2) A person who intentionally commits an act to any |
| 14 | animal which results in the cruel death, or excessive or |
| 15 | repeated infliction of unnecessary pain or suffering, or causes |
| 16 | the same to be done, is guilty of a felony of the third degree, |
| 17 | punishable as provided in s. 775.082 or by a fine of not more |
| 18 | than $10,000, or both. |
| 19 | (a) A person convicted of a violation of this subsection, |
| 20 | where the finder of fact determines that the violation includes |
| 21 | the knowing and intentional torture or torment of an animal that |
| 22 | injures, mutilates, or kills the animal, shall be ordered to pay |
| 23 | a minimum mandatory fine of $4,000, shall be sentenced to a |
| 24 | minimum mandatory term of incarceration of 6 months, $2,500 and |
| 25 | shall undergo psychological counseling or complete an anger |
| 26 | management treatment program. |
| 27 | (b) Any person convicted of a second or subsequent |
| 28 | violation of this subsection shall be required to pay a minimum |
| 29 | mandatory fine of $6,000 $5,000 and serve a minimum mandatory |
| 30 | period of incarceration of 10 6 months. In addition, the person |
| 31 | shall be released only upon expiration of sentence, shall not be |
| 32 | eligible for parole, control release, or any form of early |
| 33 | release, and must serve 100 percent of the court-imposed |
| 34 | sentence. Any plea of nolo contendere shall be considered a |
| 35 | conviction for purposes of this subsection. |
| 36 | Section 2. This act shall take effect July 1, 2006, and |
| 37 | shall apply to offenses committed on or after that date. |