Florida Senate - 2012                                     SB 618
       
       
       
       By Senator Fasano
       
       
       
       
       11-00508A-12                                           2012618__
    1                        A bill to be entitled                      
    2         An act relating to an animal abuse registry; creating
    3         “Dexter’s Law”; defining terms; creating an animal
    4         abuse registry within the Department of Law
    5         Enforcement; requiring the clerk of court in the
    6         judicial circuit in which a person’s conviction for an
    7         animal abuse offense occurred to forward a copy of the
    8         judgment document of the conviction and other
    9         specified information to the department within a
   10         specified timeframe after the date of judgment;
   11         requiring that the department maintain the animal
   12         abuse registry and make the registry available for
   13         public inquiry on the Internet; requiring that a
   14         person convicted of an animal abuse offense register
   15         with the animal abuse registry; setting forth the
   16         information from the abuser to be recorded in the
   17         registry; requiring that each person registered with
   18         the animal abuse registry update his or her
   19         registration information each time he or she moves
   20         from one residential address to another or, if his or
   21         her residential address does not change, annually
   22         following the date of his or her first registration;
   23         requiring each person who is required to register with
   24         the animal abuse registry to do so each year that the
   25         person resides in this state; requiring that each
   26         person on the registry pay an annual administrative
   27         fee to the department; directing that the fees be used
   28         to pay the administrative costs of maintaining the
   29         registry; providing that a person who fails to
   30         register with the department, fails to update critical
   31         information, or fails to pay the annual administrative
   32         fee, commits a misdemeanor of the first degree;
   33         providing criminal penalties; providing an effective
   34         date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. This act may be cited as “Dexter’s Law.”
   39         Section 2. Animal abuse registry; registration required;
   40  penalties.—
   41         (1) DEFINITIONS.—As used in this section, the term:
   42         (a) “Animal” means a mammal other than a human being or a
   43  bird, amphibian, fish, or reptile, wild or domestic, living or
   44  dead.
   45         (b) “Animal abuser” or “abuser” means a person who has been
   46  convicted of committing an animal abuse offense.
   47         (c) “Animal abuse offense” means the commission of any act
   48  that constitutes the criminal offense of:
   49         1.Cruelty to animals under s. 828.12, Florida Statutes;
   50         2.Fighting or baiting animals under s. 828.122, Florida
   51  Statutes;
   52         3. Killing a dog or cat with the intent to sell or give
   53  away its pelt under s. 828.123, Florida Statutes;
   54         4. Killing or aggravated abuse of horses or cattle under s.
   55  828.125, Florida Statutes;
   56         5. Sexual activities involving animals under s. 828.126,
   57  Florida Statutes; or
   58         6. Confinement of animals without sufficient food, water,
   59  or exercise under s. 828.13, Florida Statutes.
   60         (d) “Conviction” means a determination of guilt as the
   61  result of a trial or the entry of a plea of guilty or nolo
   62  contendere, regardless of whether adjudication is withheld. The
   63  term includes, but is not limited to, a conviction by a federal
   64  or military tribunal, including courts-martial conducted by the
   65  Armed Forces of the United States, or entry of a plea of guilty
   66  or nolo contendere resulting in a sanction in any state of the
   67  United States or other jurisdiction. A sanction includes, but is
   68  not limited to, a fine, probation, community control, parole,
   69  conditional release, control release, or incarceration in a
   70  private correctional facility, local detention facility, state
   71  prison, or federal prison.
   72         (e) “Department” means the Department of Law Enforcement.
   73         (2) CREATION OF THE ANIMAL ABUSE REGISTRY.—
   74         (a)An animal abuse registry is created within the
   75  Department of Law Enforcement. The registry shall contain the
   76  name and other information of each animal abuser living in this
   77  state who has been convicted of an animal abuse offense.
   78         (b) Commencing October 1, 2012, the clerk of court in the
   79  judicial circuit in which a person’s conviction for an animal
   80  abuse offense occurs shall forward, electronically or otherwise,
   81  to the department a copy of the judgment document for each
   82  conviction, the abuser’s home address, and other information set
   83  out in subsection (3) for each person convicted on or after
   84  October 1, 2012, of an animal abuse offense. The clerk shall
   85  forward the information to the department within 45 days
   86  following the date of judgment.
   87         (c) The animal abuse registry shall be maintained by the
   88  department and made available for public inquiry on the
   89  Internet.
   90         (3) REQUIREMENT TO REGISTER.—
   91         (a) A person 18 years of age or older who resides in this
   92  state and is convicted of an animal abuse offense on or after
   93  October 1, 2012, must register with the animal abuse registry.
   94  The person shall register with the department through the
   95  clerk’s office in the county where he or she maintains a
   96  permanent residence.
   97         (b)Each person who is required to register with the animal
   98  abuse registry shall cooperate with the clerk to forward the
   99  following information to the department at the time of his or
  100  her conviction of an animal abuse offense and on the anniversary
  101  date of the conviction:
  102         1.The abuser’s name and any aliases by which he or she is
  103  known.
  104         2. The abuser’s date of birth.
  105         3. The abuser’s permanent residential address.
  106         4. Any electronic mail address used by the abuser.
  107         5. All animal abuse offense convictions, by conviction
  108  date.
  109         6. A photograph of the abuser’s head and shoulders from the
  110  front.
  111  
  112  The department may use the driver license photograph of the
  113  abuser maintained by the Department of Highway Safety and Motor
  114  Vehicles for the registry. If no driver license photograph is
  115  available, the department shall use the photograph taken at the
  116  abuser’s arraignment.
  117         (c) Each person registered with the animal abuse registry
  118  shall update his or her registration information each time he or
  119  she moves from one residential address to another or, if his or
  120  her residential address does not change, annually from the date
  121  of his or her first registration.
  122         (d) Each person who is required to register with the animal
  123  abuse registry must do so each year that the person resides in
  124  this state.
  125         (4)ADMINISTRATIVE FEES.—Each person who is required to
  126  register with the animal abuse registry must pay an annual fee
  127  of $50 to the department. These fees shall be used to pay the
  128  administrative costs of maintaining the registry.
  129         (5)PENALTIES.—A person who is required to register with
  130  the animal abuse registry and who fails to do so, fails to
  131  annually update the registry information, or fails to pay the
  132  annual administrative fee commits a misdemeanor of the first
  133  degree, punishable as provided in s. 775.082 or s. 775.083,
  134  Florida Statutes.
  135         Section 3. This act shall take effect October 1, 2012.