Senate Bill sb0484c1

    Florida Senate - 2006                            CS for SB 484

    By the Committee on Criminal Justice; and Senators Rich,
    Campbell, Bennett and Aronberg




    591-1967-06

  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.

  8  

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

10  

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. The person shall serve the 6-month minimum

29  term of incarceration day-for-day, be released only upon

30  expiration of sentence, and is not eligible for any form of

31  early release from the 6-month minimum term of incarceration,

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






    Florida Senate - 2006                            CS for SB 484
    591-1967-06




 1  regardless of whether the 6-month minimum term is served in

 2  the custody of the Department of Corrections or a county

 3  detention facility.

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

 5  violation of this subsection shall be required to pay a

 6  minimum mandatory fine of $6,000 $5,000 and shall be sentenced

 7  to serve a minimum mandatory term period of incarceration of

 8  10 6 months. In addition, the person shall serve the 10-month

 9  minimum term of incarceration day-for-day, be released only

10  upon expiration of sentence, and is shall not be eligible for

11  parole, control release, or any form of early release from the

12  10-month minimum term of incarceration, regardless of whether

13  the 10-month minimum term is served in the custody of the

14  Department of Corrections or a county detention facility, and

15  must serve 100 percent of the court-imposed sentence. Any plea

16  of nolo contendere shall be considered a conviction for

17  purposes of this subsection.

18         Section 2.  This act shall take effect October 1, 2006,

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

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 484

23                                 

24  -    Changes the effective date from July 1 to October 1,
         2006.
25  
    -    Clarifies the minimum mandatory incarceration penalties
26       set forth in the bill to prohibit any form of early
         release on the minimum mandatory, whether the time is
27       service in local jail or detention facility, or in the
         custody of the Department of Corrections (presumably the
28       defendant could be remanded to the custody of DOC on
         companion charges for which he or she is sentenced to at
29       least a year and a day - any time less than a year would
         be served in the local jail or detention facility).
30  

31  

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