Florida Senate - 2016 SB 920 By Senator Sachs 34-01037-16 2016920__ 1 A bill to be entitled 2 An act relating to cruelty to animals; amending s. 3 828.12, F.S.; establishing that property used or 4 attempted to be used as an instrumentality in the 5 commission of felony cruelty to animals is subject to 6 forfeiture; amending s. 932.701, F.S.; revising the 7 definition of the term “contraband article”; providing 8 an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsections (2) and (5) of section 828.12, 13 Florida Statutes, are amended to read: 14 828.12 Cruelty to animals.— 15 (2) A person who intentionally commits an act to any 16 animal, or a person who owns or has the custody or control of 17 any animal and fails to act, which results in the cruel death, 18 or excessive or repeated infliction of unnecessary pain or 19 suffering, or causes the same to be done, commits aggravated 20 animal cruelty, a felony of the third degree, punishable as 21 provided in s. 775.082 or by a fine of not more than $10,000, or 22 both. In addition, any real or personal property that was used, 23 is being used, or was attempted to be used as an instrumentality 24 in the commission of, or in aiding or abetting in the commission 25 of, a violation under this subsection is subject to forfeiture 26 pursuant to ss. 932.701-932.704. 27 (a) A person convicted of a violation of this subsection, 28 where the finder of fact determines that the violation includes 29 the knowing and intentional torture or torment of an animal 30 whichthatinjures, mutilates, or kills the animal, shall be 31 ordered to pay a minimum mandatory fine of $2,500 and undergo 32 psychological counseling or complete an anger management 33 treatment program. 34 (b) A person convicted of a second or subsequent violation 35 of this subsection shall be required to pay a minimum mandatory 36 fine of $5,000 and serve a minimum mandatory period of 37 incarceration of 6 months. In addition, the person shall be 38 released only upon expiration of sentence, is not eligible for 39 parole, control release, or any form of early release, and must 40 serve 100 percent of the court-imposed sentence. Any plea of 41 nolo contendere shall be considered a conviction for purposes of 42 this subsection. 43 (5) A person who intentionally trips, fells, ropes, or 44 lassos the legs of a horse by any means for the purpose of 45 entertainment or sport commitsshall be guilty ofa third degree 46 felony, punishable as provided in s. 775.082, s. 775.083, or s. 47 775.084. In addition, any real or personal property that was 48 used, is being used, or was attempted to be used as an 49 instrumentality in the commission of, or in aiding or abetting 50 in the commission of, a violation under this subsection is 51 subject to forfeiture pursuant to ss. 932.701-932.704. As used 52 in this subsection, the term “trip” means any act that consists 53 of the use of any wire, pole, stick, rope, or other apparatus to 54 cause a horse to fall or lose its balance, and the term “horse” 55 means any animal of any registered breed of the genus Equus, or 56 any recognized hybrid thereof.The provisions ofThis subsection 57 doesshallnot apply when tripping is used: 58 (a) To control a horse that is posing an immediate threat 59 to other livestock or human beings; 60 (b) For the purpose of identifying ownership of the horse 61 when its ownership is unknown; or 62 (c) For the purpose of administering veterinary care to the 63 horse. 64 Section 2. Paragraph (a) of subsection (2) of section 65 932.701, Florida Statutes, is amended to read: 66 932.701 Short title; definitions.— 67 (2) As used in the Florida Contraband Forfeiture Act: 68 (a) “Contraband article” means: 69 1. Any controlled substance as defined in chapter 893 or 70 any substance, device, paraphernalia, or currency or other means 71 of exchange that was used, was attempted to be used, or was 72 intended to be used in violation of any provision of chapter 73 893, if the totality of the facts presented by the state is 74 clearly sufficient to meet the state’s burden of establishing 75 probable cause to believe that a nexus exists between the 76 article seized and the narcotics activity, whether or not the 77 use of the contraband article can be traced to a specific 78 narcotics transaction. 79 2. Any gambling paraphernalia, lottery tickets, money, 80 currency, or other means of exchange which was used, was 81 attempted, or intended to be used in violation of the gambling 82 laws of the state. 83 3. Any equipment, liquid or solid, which was being used, is 84 being used, was attempted to be used, or intended to be used in 85 violation of the beverage or tobacco laws of the state. 86 4. Any motor fuel upon which the motor fuel tax has not 87 been paid as required by law. 88 5. Any personal property, including, but not limited to, 89 any vessel, aircraft, item, object, tool, substance, device, 90 weapon, machine, vehicle of any kind, money, securities, books, 91 records, research, negotiable instruments, or currency, which 92 was used or was attempted to be used as an instrumentality in 93 the commission of, or in aiding or abetting in the commission 94 of, any felony, whether or not comprising an element of the 95 felony, or which is acquired by proceeds obtained as a result of 96 a violation of the Florida Contraband Forfeiture Act. 97 6. Any real property, including any right, title, 98 leasehold, or other interest in the whole of any lot or tract of 99 land, which was used, is being used, or was attempted to be used 100 as an instrumentality in the commission of, or in aiding or 101 abetting in the commission of, any felony, or which is acquired 102 by proceeds obtained as a result of a violation of the Florida 103 Contraband Forfeiture Act. 104 7. Any personal property, including, but not limited to, 105 equipment, money, securities, books, records, research, 106 negotiable instruments, currency, or any vessel, aircraft, item, 107 object, tool, substance, device, weapon, machine, or vehicle of 108 any kind in the possession of or belonging to any person who 109 takes aquaculture products in violation of s. 812.014(2)(c). 110 8. Any motor vehicle offered for sale in violation of s. 111 320.28. 112 9. Any motor vehicle used during the course of committing 113 an offense in violation of s. 322.34(9)(a). 114 10. Any photograph, film, or other recorded image, 115 including an image recorded on videotape, a compact disc, 116 digital tape, or fixed disk, that is recorded in violation of s. 117 810.145 and is possessed for the purpose of amusement, 118 entertainment, sexual arousal, gratification, or profit, or for 119 the purpose of degrading or abusing another person. 120 11. Any real property, including any right, title, 121 leasehold, or other interest in the whole of any lot or tract of 122 land, which is acquired by proceeds obtained as a result of 123 Medicaid fraud under s. 409.920 or s. 409.9201; any personal 124 property, including, but not limited to, equipment, money, 125 securities, books, records, research, negotiable instruments, or 126 currency; or any vessel, aircraft, item, object, tool, 127 substance, device, weapon, machine, or vehicle of any kind in 128 the possession of or belonging to any person which is acquired 129 by proceeds obtained as a result of Medicaid fraud under s. 130 409.920 or s. 409.9201. 131 12. Any personal property, including, but not limited to, 132 any vehicle, item, object, tool, device, weapon, machine, money, 133 security, book, or record, that is used or attempted to be used 134 as an instrumentality in the commission of, or in aiding and 135 abetting in the commission of, a person’s third or subsequent 136 violation of s. 509.144, whether or not comprising an element of 137 the offense. 138 13. Any real property, including any right, title, 139 leasehold, or other interest in the whole of any lot or tract of 140 land, or any personal property that was used, is being used, or 141 was attempted to be used as an instrumentality in the commission 142 of, or in aiding or abetting in the commission of, any felony 143 violation involving cruelty to animals under s. 828.12(2) or 144 (5). 145 Section 3. This act shall take effect July 1, 2016.