| 1 | A bill to be entitled |
| 2 | An act relating to the unlawful slaughter of horses; |
| 3 | amending s. 500.451, F.S.; prohibiting specified acts |
| 4 | relating to horsemeat for human consumption; providing |
| 5 | penalties; increasing the classification of offenses |
| 6 | relating to horsemeat for human consumption; providing for |
| 7 | suspension of licenses of certain businesses for offenses |
| 8 | relating to horsemeat; providing mandatory minimum |
| 9 | penalties; amending s. 828.125, F.S.; revising provisions |
| 10 | prohibiting certain acts relating to horses to apply to |
| 11 | all horses regardless of breed; providing mandatory |
| 12 | minimum penalties; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 500.451, Florida Statutes, is amended |
| 17 | to read: |
| 18 | 500.451 Horse meat; offenses sale for human consumption.- |
| 19 | (1) It is unlawful for any person to: |
| 20 | (a) Sell in the markets of this state horse meat for human |
| 21 | consumption unless the horse meat is clearly stamped, marked, |
| 22 | and described as horse meat for human consumption. |
| 23 | (b) Knowingly transport, distribute, sell, purchase, or |
| 24 | possess horsemeat for human consumption that is not clearly |
| 25 | stamped, marked, and described as horsemeat for human |
| 26 | consumption or horsemeat that is not acquired from a licensed |
| 27 | slaughterhouse. |
| 28 | (2) A person that violates this section commits is guilty |
| 29 | of a felony misdemeanor of the third second degree, |
| 30 | as provided in s. 775.082, or s. 775.083, or s. 775.084, except |
| 31 | that any person who commits a violation of this section shall be |
| 32 | sentenced to a minimum mandatory fine of $3,500 and a minimum |
| 33 | mandatory period of incarceration of 1 year. |
| 34 | (3) In addition to any penalties provided in subsection |
| 35 | (2), any license of any restaurant, store, or other business may |
| 36 | be suspended as provided in the applicable licensing law upon |
| 37 | conviction of an owner or employee of that business for a |
| 38 | violation of this section in connection with that business. |
| 39 | Section 2. Subsection (1) of section 828.125, Florida |
| 40 | Statutes, is amended to read: |
| 41 | 828.125 Killing or aggravated abuse of registered breed |
| 42 | horses or cattle; offenses; penalties.-Any other provisions of |
| 43 | this chapter to the contrary notwithstanding: |
| 44 | (1) Any person who willfully and unlawfully, by any means |
| 45 | whatsoever, kills, maims, mutilates, or causes great bodily harm |
| 46 | or permanent breeding disability to any animal of the genus |
| 47 | Equus (horse) or any animal of any registered breed or |
| 48 | recognized registered hybrid of the genus Equus (horse) or genus |
| 49 | Bos (cattle) commits, or any recognized registered hybrid of the |
| 50 | specified genera, shall be guilty of a felony of the second |
| 51 | degree, punishable as provided by s. 775.082, s. 775.083, or s. |
| 52 | 775.084, except that any person who commits a violation of this |
| 53 | subsection shall be sentenced to a minimum mandatory fine of |
| 54 | $3,500 and a minimum mandatory period of incarceration of 1 |
| 55 | year. |
| 56 | Section 3. This act shall take effect October 1, 2010. |