Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. SB 1576
Ì176710~Î176710
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/01/2018 .
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The Committee on Agriculture (Steube) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 79 and 80
4 insert:
5 Section 2. The amendment to s. 828.12, Florida Statutes, by
6 this act may be cited as “Ponce’s law.”
7 Section 3. Section 828.12, Florida Statutes, is amended to
8 read:
9 828.12 Cruelty to animals.—
10 (1) A person who unnecessarily overloads, overdrives,
11 torments, deprives of necessary sustenance or shelter, or
12 unnecessarily mutilates, or kills any animal, or causes the same
13 to be done, or carries in or upon any vehicle, or otherwise, any
14 animal in a cruel or inhumane manner, commits animal cruelty, a
15 misdemeanor of the first degree, punishable as provided in s.
16 775.082 or by a fine of not more than $5,000, or both.
17 (2) A person who intentionally commits an act to any
18 animal, or a person who owns or has the custody or control of
19 any animal and fails to act, which results in the cruel death,
20 or excessive or repeated infliction of unnecessary pain or
21 suffering, or causes the same to be done, commits aggravated
22 animal cruelty, a felony of the third degree, punishable as
23 provided in s. 775.082 or by a fine of not more than $10,000, or
24 both.
25 (a) A person convicted of a violation of this subsection,
26 where the finder of fact determines that the violation includes
27 the knowing and intentional torture or torment of an animal that
28 injures, mutilates, or kills the animal, shall be ordered to pay
29 a minimum mandatory fine of $2,500 and undergo psychological
30 counseling or complete an anger management treatment program.
31 (b) A person convicted of a second or subsequent violation
32 of this subsection shall be required to pay a minimum mandatory
33 fine of $5,000 and serve a minimum mandatory period of
34 incarceration of 6 months. In addition, the person shall be
35 released only upon expiration of sentence, is not eligible for
36 parole, control release, or any form of early release, and must
37 serve 100 percent of the court-imposed sentence. Any plea of
38 nolo contendere shall be considered a conviction for purposes of
39 this subsection.
40 (3) A person who commits multiple acts of animal cruelty or
41 aggravated animal cruelty against an animal may be charged with
42 a separate offense for each such act. A person who commits
43 animal cruelty or aggravated animal cruelty against more than
44 one animal may be charged with a separate offense for each
45 animal such cruelty was committed upon.
46 (4) A veterinarian licensed to practice in the state shall
47 be held harmless from either criminal or civil liability for any
48 decisions made or services rendered under the provisions of this
49 section. Such a veterinarian is, therefore, under this
50 subsection, immune from a lawsuit for his or her part in an
51 investigation of cruelty to animals.
52 (5) A person who intentionally trips, fells, ropes, or
53 lassos the legs of a horse by any means for the purpose of
54 entertainment or sport commits a shall be guilty of a third
55 degree felony of the third degree, punishable as provided in s.
56 775.082, s. 775.083, or s. 775.084. As used in this subsection,
57 the term “trip” means any act that consists of the use of any
58 wire, pole, stick, rope, or other apparatus to cause a horse to
59 fall or lose its balance, and the term “horse” means any animal
60 of any registered breed of the genus Equus, or any recognized
61 hybrid thereof. The provisions of This subsection does shall not
62 apply when tripping is used:
63 (a) To control a horse that is posing an immediate threat
64 to other livestock or human beings;
65 (b) For the purpose of identifying ownership of the horse
66 when its ownership is unknown; or
67 (c) For the purpose of administering veterinary care to the
68 horse.
69 (6) In addition to other penalties prescribed by law, a
70 person who is convicted of a violation of this section may be
71 prohibited by the court from owning, possessing, keeping,
72 harboring, or having custody or control over any animal for a
73 period of time determined by the court.
74 Section 4. Paragraphs (c) and (e) of subsection (3) of
75 section 921.0022, Florida Statutes, are amended to read:
76 921.0022 Criminal Punishment Code; offense severity ranking
77 chart.—
78 (3) OFFENSE SEVERITY RANKING CHART
79 (c) LEVEL 3
80
81 FloridaStatute FelonyDegree Description
82 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
83 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
84 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
85 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
86 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
87 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
88 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
89 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
90 327.35(2)(b) 3rd Felony BUI.
91 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
92 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
93 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
94 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
95 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
96 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
97 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
98 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
99 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
100 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
101 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
102 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
103 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
104 697.08 3rd Equity skimming.
105 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
106 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
107 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
108 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
109 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
110 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
111 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
112 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
113 817.233 3rd Burning to defraud insurer.
114 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
115 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
116 817.236 3rd Filing a false motor vehicle insurance application.
117 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
118 817.413(2) 3rd Sale of used goods as new.
119 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
120 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
121 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
122 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
123 843.19 3rd Injure, disable, or kill police dog or horse.
124 860.15(3) 3rd Overcharging for repairs and parts.
125 870.01(2) 3rd Riot; inciting or encouraging.
126 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
127 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
128 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
129 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
130 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
131 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
132 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
133 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
134 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
135 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
136 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
137 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
138 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
139 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
140 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
141 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
142 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
143
144 (e) LEVEL 5
145
146 FloridaStatute FelonyDegree Description
147 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
148 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
149 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
150 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
151 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
152 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
153 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
154 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
155 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
156 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
157 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
158 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
159 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
160 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
161 790.01(2) 3rd Carrying a concealed firearm.
162 790.162 2nd Threat to throw or discharge destructive device.
163 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
164 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
165 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
166 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
167 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
168 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
169 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
170 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
171 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
172 812.019(1) 2nd Stolen property; dealing in or trafficking in.
173 812.131(2)(b) 3rd Robbery by sudden snatching.
174 812.16(2) 3rd Owning, operating, or conducting a chop shop.
175 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
176 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
177 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
178 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
179 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
180 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
181 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
182 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
183 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
184 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
185 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
186 843.01 3rd Resist officer with violence to person; resist arrest with violence.
187 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
188 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
189 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
190 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
191 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
192 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
193 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
194 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
195 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
196 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
197 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
198 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
199
200
201
202 ================= T I T L E A M E N D M E N T ================
203 And the title is amended as follows:
204 Delete lines 2 - 11
205 and insert:
206 An act relating to animal welfare; creating s.
207 823.151, F.S.; providing legislative findings;
208 requiring specified entities that take receivership of
209 lost or stray dogs or cats to adopt written policies
210 and procedures to ensure that every reasonable effort
211 is made to quickly and reliably return owned animals
212 to their owners; providing requirements for such
213 policies and procedures; requiring that specified
214 records be available to the public; providing a short
215 title; amending s. 828.12, F.S.; authorizing a court
216 to prohibit certain offenders from owning or having
217 custody or control over animals; amending s. 921.0022,
218 F.S.; revising the ranking of offenses on the offense
219 severity ranking chart of the Criminal Punishment
220 Code; providing an effective date.