1 | A bill to be entitled |
2 | An act relating to animal fighting or baiting; |
3 | amending s. 828.122, F.S.; specifying certain |
4 | equipment and paraphernalia that are illegal to own, |
5 | possess, or sell for use in animal fighting or |
6 | baiting; providing criminal penalties; providing |
7 | factors that may be used in determining whether an |
8 | object is animal fighting or baiting paraphernalia; |
9 | amending s. 895.02, F.S.; including illegal animal |
10 | fighting or baiting as an offense within the |
11 | definition of the term "racketeering activity" for |
12 | purposes of the Florida RICO (Racketeer Influenced and |
13 | Corrupt Organization) Act; providing an effective |
14 | date. |
15 |
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16 | Be It Enacted by the Legislature of the State of Florida: |
17 |
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18 | Section 1. Subsections (4) through (10) of section |
19 | 828.122, Florida Statutes, are renumbered as subsections (5) |
20 | through (11), respectively, a new subsection (4) is added to |
21 | that section, and present subsection (3) of that section is |
22 | amended, to read: |
23 | 828.122 Fighting or baiting animals; offenses; penalties.- |
24 | (3) Any person who knowingly commits any of the following |
25 | acts commits a felony of the third degree, punishable as |
26 | provided in s. 775.082, s. 775.083, or s. 775.084: |
27 | (a) Baiting, breeding, training, transporting, selling, |
28 | owning, possessing, or using any wild or domestic animal for the |
29 | purpose of animal fighting or baiting; |
30 | (b) Owning, possessing, or selling equipment or |
31 | paraphernalia for use in any activity described in paragraph |
32 | (a), including, but not limited to: |
33 | 1. A pen, pit, ring, or enclosure. |
34 | 2. A gaff, sparring glove, muff, blade, slasher, or other |
35 | implement designed to be attached to a bird in the location of |
36 | its natural spurs. |
37 | 3. A betting slip, a document or record relating to a |
38 | fight, training and fighting literature, or a fight trophy or |
39 | award. |
40 | 4. A cat mill, jenny, rape stand, spring pole, flirt pole, |
41 | break stick, supplement, drug, or scale when found in |
42 | combination with or in proximity to any other item listed in |
43 | subparagraphs 1.-3.; |
44 | (c) Owning, leasing, managing, operating, or having |
45 | control of any property kept or used for any activity described |
46 | in paragraph (a) or paragraph (b); |
47 | (d) Promoting, staging, advertising, or charging any |
48 | admission fee to a fight or baiting between two or more animals; |
49 | (e) Performing any service or act to facilitate animal |
50 | fighting or baiting, including, but not limited to, providing |
51 | security, refereeing, or handling or transporting animals or |
52 | being a stakeholder of any money wagered on animal fighting or |
53 | baiting; |
54 | (f) Removing or facilitating the removal of any animal |
55 | impounded under this section from an agency where the animal is |
56 | impounded or from a location designated by the court under |
57 | subsection (4), subsection (5), subsection (6), or subsection |
58 | (8) (7), without the prior authorization of the court; |
59 | (g) Betting or wagering any money or other valuable |
60 | consideration on the fighting or baiting of animals; or |
61 | (h) Attending the fighting or baiting of animals. |
62 |
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63 | Notwithstanding any provision of this subsection to the |
64 | contrary, possession of the animal alone does not constitute a |
65 | violation of this section. |
66 | (4) In determining whether an object is animal fighting or |
67 | baiting paraphernalia, a court or other authority or a jury |
68 | shall consider, in addition to all other logically relevant |
69 | factors, the following: |
70 | (a) Statements by the owner or by anyone in control of the |
71 | object concerning its use. |
72 | (b) The proximity of the object, in time and space, to a |
73 | violation of subsection (3). |
74 | (c) The proximity of the object to an animal fight. |
75 | (d) The existence of any blood on the object. |
76 | (e) Direct or circumstantial evidence of the intent of the |
77 | owner, or of anyone in control of the object, to deliver the |
78 | object to a person who he or she knows, or should reasonably |
79 | know, intends to use the object to facilitate a violation of |
80 | this section. |
81 | (f) Instructions, oral or written, provided with the |
82 | object concerning its use. |
83 | (g) Descriptive materials accompanying the object which |
84 | explain or depict its use. |
85 | (h) Any advertising concerning the object's use. |
86 | (i) The manner in which the object is displayed for sale. |
87 | (j) The existence and scope of legitimate uses for the |
88 | object in the community. |
89 | (k) Expert testimony concerning the object's use. |
90 |
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91 | A conviction for a violation of paragraph (3)(a) is not required |
92 | in order for a court or other authority or a jury to find that |
93 | the object is intended for use, or designed for use, as animal |
94 | fighting or baiting paraphernalia. |
95 | Section 2. Paragraph (a) of subsection (1) of section |
96 | 895.02, Florida Statutes, is amended to read: |
97 | 895.02 Definitions.-As used in ss. 895.01-895.08, the |
98 | term: |
99 | (1) "Racketeering activity" means to commit, to attempt to |
100 | commit, to conspire to commit, or to solicit, coerce, or |
101 | intimidate another person to commit: |
102 | (a) Any crime that is chargeable by petition, indictment, |
103 | or information under the following provisions of the Florida |
104 | Statutes: |
105 | 1. Section 210.18, relating to evasion of payment of |
106 | cigarette taxes. |
107 | 2. Section 316.1935, relating to fleeing or attempting to |
108 | elude a law enforcement officer and aggravated fleeing or |
109 | eluding. |
110 | 3. Section 403.727(3)(b), relating to environmental |
111 | control. |
112 | 4. Section 409.920 or s. 409.9201, relating to Medicaid |
113 | fraud. |
114 | 5. Section 414.39, relating to public assistance fraud. |
115 | 6. Section 440.105 or s. 440.106, relating to workers' |
116 | compensation. |
117 | 7. Section 443.071(4), relating to creation of a |
118 | fictitious employer scheme to commit unemployment compensation |
119 | fraud. |
120 | 8. Section 465.0161, relating to distribution of medicinal |
121 | drugs without a permit as an Internet pharmacy. |
122 | 9. Section 499.0051, relating to crimes involving |
123 | contraband and adulterated drugs. |
124 | 10. Part IV of chapter 501, relating to telemarketing. |
125 | 11. Chapter 517, relating to sale of securities and |
126 | investor protection. |
127 | 12. Section 550.235 or s. 550.3551, relating to dogracing |
128 | and horseracing. |
129 | 13. Chapter 550, relating to jai alai frontons. |
130 | 14. Section 551.109, relating to slot machine gaming. |
131 | 15. Chapter 552, relating to the manufacture, |
132 | distribution, and use of explosives. |
133 | 16. Chapter 560, relating to money transmitters, if the |
134 | violation is punishable as a felony. |
135 | 17. Chapter 562, relating to beverage law enforcement. |
136 | 18. Section 624.401, relating to transacting insurance |
137 | without a certificate of authority, s. 624.437(4)(c)1., relating |
138 | to operating an unauthorized multiple-employer welfare |
139 | arrangement, or s. 626.902(1)(b), relating to representing or |
140 | aiding an unauthorized insurer. |
141 | 19. Section 655.50, relating to reports of currency |
142 | transactions, when such violation is punishable as a felony. |
143 | 20. Chapter 687, relating to interest and usurious |
144 | practices. |
145 | 21. Section 721.08, s. 721.09, or s. 721.13, relating to |
146 | real estate timeshare plans. |
147 | 22. Section 775.13(5)(b), relating to registration of |
148 | persons found to have committed any offense for the purpose of |
149 | benefiting, promoting, or furthering the interests of a criminal |
150 | gang. |
151 | 23. Section 777.03, relating to commission of crimes by |
152 | accessories after the fact. |
153 | 24. Chapter 782, relating to homicide. |
154 | 25. Chapter 784, relating to assault and battery. |
155 | 26. Chapter 787, relating to kidnapping or human |
156 | trafficking. |
157 | 27. Chapter 790, relating to weapons and firearms. |
158 | 28. Chapter 794, relating to sexual battery, but only if |
159 | such crime was committed with the intent to benefit, promote, or |
160 | further the interests of a criminal gang, or for the purpose of |
161 | increasing a criminal gang member's own standing or position |
162 | within a criminal gang. |
163 | 29. Section 796.03, s. 796.035, s. 796.04, s. 796.045, s. |
164 | 796.05, or s. 796.07, relating to prostitution and sex |
165 | trafficking. |
166 | 30. Chapter 806, relating to arson and criminal mischief. |
167 | 31. Chapter 810, relating to burglary and trespass. |
168 | 32. Chapter 812, relating to theft, robbery, and related |
169 | crimes. |
170 | 33. Chapter 815, relating to computer-related crimes. |
171 | 34. Chapter 817, relating to fraudulent practices, false |
172 | pretenses, fraud generally, and credit card crimes. |
173 | 35. Chapter 825, relating to abuse, neglect, or |
174 | exploitation of an elderly person or disabled adult. |
175 | 36. Section 827.071, relating to commercial sexual |
176 | exploitation of children. |
177 | 37. Section 828.122, relating to fighting or baiting |
178 | animals. |
179 | 38.37. Chapter 831, relating to forgery and |
180 | counterfeiting. |
181 | 39.38. Chapter 832, relating to issuance of worthless |
182 | checks and drafts. |
183 | 40.39. Section 836.05, relating to extortion. |
184 | 41.40. Chapter 837, relating to perjury. |
185 | 42.41. Chapter 838, relating to bribery and misuse of |
186 | public office. |
187 | 43.42. Chapter 843, relating to obstruction of justice. |
188 | 44.43. Section 847.011, s. 847.012, s. 847.013, s. 847.06, |
189 | or s. 847.07, relating to obscene literature and profanity. |
190 | 45.44. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or |
191 | s. 849.25, relating to gambling. |
192 | 46.45. Chapter 874, relating to criminal gangs. |
193 | 47.46. Chapter 893, relating to drug abuse prevention and |
194 | control. |
195 | 48.47. Chapter 896, relating to offenses related to |
196 | financial transactions. |
197 | 49.48. Sections 914.22 and 914.23, relating to tampering |
198 | with or harassing a witness, victim, or informant, and |
199 | retaliation against a witness, victim, or informant. |
200 | 50.49. Sections 918.12 and 918.13, relating to tampering |
201 | with jurors and evidence. |
202 | Section 3. This act shall take effect July 1, 2012. |