Senate Bill sb0484

    Florida Senate - 2006                                   SB 484

    By Senator Rich





    34-448-06                                            See HB 43

  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         providing applicability; providing an effective

  7         date.

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

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11         Section 1.  Subsection (2) of section 828.12, Florida

12  Statutes, is amended to read:

13         828.12  Cruelty to animals.--

14         (2)  A person who intentionally commits an act to any

15  animal which results in the cruel death, or excessive or

16  repeated infliction of unnecessary pain or suffering, or

17  causes the same to be done, is guilty of a felony of the third

18  degree, punishable as provided in s. 775.082 or by a fine of

19  not more than $10,000, or both.

20         (a)  A person convicted of a violation of this

21  subsection, where the finder of fact determines that the

22  violation includes the knowing and intentional torture or

23  torment of an animal that injures, mutilates, or kills the

24  animal, shall be ordered to pay a minimum mandatory fine of

25  $4,000, shall be sentenced to a minimum mandatory term of

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

27  psychological counseling or complete an anger management

28  treatment program.

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

30  violation of this subsection shall be required to pay a

31  minimum mandatory fine of $6,000 $5,000 and serve a minimum

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    Florida Senate - 2006                                   SB 484
    34-448-06                                            See HB 43




 1  mandatory period of incarceration of 10 6 months. In addition,

 2  the person shall be released only upon expiration of sentence,

 3  shall not be eligible for parole, control release, or any form

 4  of early release, and must serve 100 percent of the

 5  court-imposed sentence. Any plea of nolo contendere shall be

 6  considered a conviction for purposes of this subsection.

 7         Section 2.  This act shall take effect July 1, 2006,

 8  and shall apply to offenses committed on or after that date.

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