Senate Bill sb1180

    Florida Senate - 2007                                  SB 1180

    By Senator Rich





    34-1775-07

  1                      A bill to be entitled

  2         An act relating to animal cruelty; amending s.

  3         828.12, F.S.; requiring a sentence of

  4         incarceration and community service for

  5         conviction of a specified offense of animal

  6         cruelty; providing an effective date.

  7  

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

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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 toward

14  to any animal which results in the cruel death, or excessive

15  or repeated infliction of unnecessary pain or suffering, or

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

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

18  fine of not more than $10,000, or both.

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

20  subsection, where the finder of fact determines that the

21  violation includes the knowing and intentional torture or

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

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

24  $2,500 and undergo psychological counseling or complete an

25  anger management treatment program.

26         (b)  A person convicted of a first violation of this

27  subsection shall serve a minimum mandatory period of

28  incarceration of 30 consecutive days, and shall perform a

29  minimum of 100 hours of community service.

30         (c)(b)  A Any person convicted of a second or

31  subsequent violation of this subsection shall be required to

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    Florida Senate - 2007                                  SB 1180
    34-1775-07




 1  pay a minimum mandatory fine of $5,000 and serve a minimum

 2  mandatory period of incarceration of 6 months. In addition,

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

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

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

 6  court-imposed sentence.

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 8  Any plea of nolo contendere shall be considered a conviction

 9  for purposes of this subsection.

10         Section 2.  This act shall take effect October 1, 2007.

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13                          SENATE SUMMARY

14    Prescribes a minimum mandatory period of incarceration
      and community service for a person convicted of the
15    offense of animal cruelty.

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