Florida Senate - 2018 SB 952
By Senator Steube
23-01107-18 2018952__
1 A bill to be entitled
2 An act relating to cruelty to animals; providing a
3 short title; amending s. 828.12, F.S.; authorizing a
4 court to prohibit certain offenders from owning or
5 having contact with animals; amending s. 921.0022,
6 F.S.; revising the ranking of offenses on the offense
7 severity ranking chart of the Criminal Punishment
8 Code; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. This act may be cited as “Ponce’s Law.”
13 Section 2. Section 828.12, Florida Statutes, is amended to
14 read:
15 828.12 Cruelty to animals.—
16 (1) A person who unnecessarily overloads, overdrives,
17 torments, deprives of necessary sustenance or shelter, or
18 unnecessarily mutilates, or kills any animal, or causes the same
19 to be done, or carries in or upon any vehicle, or otherwise, any
20 animal in a cruel or inhumane manner, commits animal cruelty, a
21 misdemeanor of the first degree, punishable as provided in s.
22 775.082 or by a fine of not more than $5,000, or both.
23 (2) A person who intentionally commits an act to any
24 animal, or a person who owns or has the custody or control of
25 any animal and fails to act, which results in the cruel death,
26 or excessive or repeated infliction of unnecessary pain or
27 suffering, or causes the same to be done, commits aggravated
28 animal cruelty, a felony of the third degree, punishable as
29 provided in s. 775.082 or by a fine of not more than $10,000, or
30 both.
31 (a) A person convicted of a violation of this subsection,
32 where the finder of fact determines that the violation includes
33 the knowing and intentional torture or torment of an animal that
34 injures, mutilates, or kills the animal, shall be ordered to pay
35 a minimum mandatory fine of $2,500 and undergo psychological
36 counseling or complete an anger management treatment program.
37 (b) A person convicted of a second or subsequent violation
38 of this subsection shall be required to pay a minimum mandatory
39 fine of $5,000 and serve a minimum mandatory period of
40 incarceration of 6 months. In addition, the person shall be
41 released only upon expiration of sentence, is not eligible for
42 parole, control release, or any form of early release, and must
43 serve 100 percent of the court-imposed sentence. Any plea of
44 nolo contendere shall be considered a conviction for purposes of
45 this subsection.
46 (3) A person who commits multiple acts of animal cruelty or
47 aggravated animal cruelty against an animal may be charged with
48 a separate offense for each such act. A person who commits
49 animal cruelty or aggravated animal cruelty against more than
50 one animal may be charged with a separate offense for each
51 animal such cruelty was committed upon.
52 (4) A veterinarian licensed to practice in the state shall
53 be held harmless from either criminal or civil liability for any
54 decisions made or services rendered under the provisions of this
55 section. Such a veterinarian is, therefore, under this
56 subsection, immune from a lawsuit for his or her part in an
57 investigation of cruelty to animals.
58 (5) A person who intentionally trips, fells, ropes, or
59 lassos the legs of a horse by any means for the purpose of
60 entertainment or sport commits a shall be guilty of a third
61 degree felony of the third degree, punishable as provided in s.
62 775.082, s. 775.083, or s. 775.084. As used in this subsection,
63 the term “trip” means any act that consists of the use of any
64 wire, pole, stick, rope, or other apparatus to cause a horse to
65 fall or lose its balance, and the term “horse” means any animal
66 of any registered breed of the genus Equus, or any recognized
67 hybrid thereof. The provisions of This subsection does shall not
68 apply when tripping is used:
69 (a) To control a horse that is posing an immediate threat
70 to other livestock or human beings;
71 (b) For the purpose of identifying ownership of the horse
72 when its ownership is unknown; or
73 (c) For the purpose of administering veterinary care to the
74 horse.
75 (6) In addition to other penalties prescribed by law, a
76 person who is convicted of a violation of this section may be
77 prohibited by the court from owning, possessing, keeping,
78 harboring, having contact with, or having custody of or control
79 over any animal for a period of time determined by the court.
80 Section 3. Paragraphs (c) and (e) of subsection (3) of
81 section 921.0022, Florida Statutes, are amended to read:
82 921.0022 Criminal Punishment Code; offense severity ranking
83 chart.—
84 (3) OFFENSE SEVERITY RANKING CHART
85 (c) LEVEL 3
86
87
88 FloridaStatute FelonyDegree Description
89 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
90 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
91 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
92 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
93 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
94 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
95 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
96 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
97 327.35(2)(b) 3rd Felony BUI.
98 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
99 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
100 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
101 379.2431 (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.
102 379.2431 (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.
103 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
104 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
105 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
106 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
107 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
108 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
109 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
110 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
111 697.08 3rd Equity skimming.
112 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
113 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
114 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
115 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
116 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
117 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
118 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
119 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
120 817.233 3rd Burning to defraud insurer.
121 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
122 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
123 817.236 3rd Filing a false motor vehicle insurance application.
124 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
125 817.413(2) 3rd Sale of used goods as new.
126 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
127 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
128 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
129 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
130 843.19 3rd Injure, disable, or kill police dog or horse.
131 860.15(3) 3rd Overcharging for repairs and parts.
132 870.01(2) 3rd Riot; inciting or encouraging.
133 893.13(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).
134 893.13(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.
135 893.13(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.
136 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
137 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
138 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
139 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
140 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
141 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
142 893.13(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.
143 893.13(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.
144 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
145 893.13(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.
146 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
147 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
148 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
149 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
150 (e) LEVEL 5
151
152
153 FloridaStatute FelonyDegree Description
154 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
155 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
156 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
157 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
158 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
159 379.365(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.
160 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
161 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
162 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
163 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
164 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
165 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
166 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
167 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
168 790.01(2) 3rd Carrying a concealed firearm.
169 790.162 2nd Threat to throw or discharge destructive device.
170 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
171 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
172 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
173 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
174 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
175 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
176 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
177 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
178 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
179 812.019(1) 2nd Stolen property; dealing in or trafficking in.
180 812.131(2)(b) 3rd Robbery by sudden snatching.
181 812.16(2) 3rd Owning, operating, or conducting a chop shop.
182 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
183 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
184 817.2341(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.
185 817.568(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.
186 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
187 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
188 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
189 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
190 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
191 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
192 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
193 843.01 3rd Resist officer with violence to person; resist arrest with violence.
194 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
195 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
196 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
197 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
198 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
199 893.13(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).
200 893.13(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.
201 893.13(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.
202 893.13(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.
203 893.13(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.
204 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
205 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
206 Section 4. This act shall take effect July 1, 2018.