Senate Bill sb0484c1
CODING: Words stricken are deletions; words underlined are additions.
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).
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31
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CODING: Words stricken are deletions; words underlined are additions.