ENROLLED
2019 Legislature CS for CS for SB 96
201996er
1
2 An act relating to police, fire, and search and rescue
3 dogs and police horses; amending s. 843.19, F.S.;
4 revising the defined terms “police dog” to “police
5 canine,” “fire dog” to “fire canine,” and “SAR dog” to
6 “SAR canine”; expanding the definitions of the terms
7 “police canine” and “SAR canine” to include any canine
8 that is owned, or the service of which is employed, by
9 a correctional agency; increasing the penalty for
10 intentionally and knowingly causing great bodily harm,
11 permanent disability, or death to, or using a deadly
12 weapon upon, police canines or horses, fire canines,
13 or SAR canines; amending s. 767.16, F.S.; revising the
14 term “dog” to “canine” to conform to changes made by
15 the act; amending s. 921.0022, F.S.; conforming a
16 provision to changes made by the act; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 843.19, Florida Statutes, is amended to
22 read:
23 843.19 Offenses against police canines dogs, fire canines
24 dogs, SAR canines dogs, or police horses.—
25 (1) As used in this section, the term:
26 (a) “Police canine dog” means any canine dog, and “police
27 horse” means any horse, that is owned, or the service of which
28 is employed, by a law enforcement agency or a correctional
29 agency for the principal purpose of aiding in the detection of
30 criminal activity, enforcement of laws, or apprehension of
31 offenders.
32 (b) “Fire canine dog” means any canine dog that is owned,
33 or the service of which is employed, by a fire department, a
34 special fire district, or the State Fire Marshal for the
35 principal purpose of aiding in the detection of flammable
36 materials or the investigation of fires.
37 (c) “SAR canine dog” means any search and rescue canine dog
38 that is owned, or the service of which is employed utilized, by
39 a fire department, a law enforcement agency, a correctional
40 agency, a special fire district, or the State Fire Marshal for
41 the principal purpose of aiding in the detection of missing
42 persons, including, but not limited to, persons who are lost,
43 who are trapped under debris as the result of a natural,
44 manmade, or technological disaster, or who are drowning victims.
45 (2) Any person who intentionally and knowingly, without
46 lawful cause or justification, causes great bodily harm,
47 permanent disability, or death to, or uses a deadly weapon upon,
48 a police canine dog, fire canine dog, SAR canine dog, or police
49 horse commits a felony of the second third degree, punishable as
50 provided in s. 775.082, s. 775.083, or s. 775.084.
51 (3) Any person who actually and intentionally maliciously
52 touches, strikes, or causes bodily harm to a police canine dog,
53 fire canine dog, SAR canine dog, or police horse commits a
54 misdemeanor of the first degree, punishable as provided in s.
55 775.082 or s. 775.083.
56 (4) Any person who intentionally or knowingly maliciously
57 harasses, teases, interferes with, or attempts to interfere with
58 a police canine dog, fire canine dog, SAR canine dog, or police
59 horse while the animal is in the performance of its duties
60 commits a misdemeanor of the second degree, punishable as
61 provided in s. 775.082 or s. 775.083.
62 (5) A person convicted of an offense under this section
63 shall make restitution for injuries caused to the police canine
64 dog, fire canine dog, SAR canine dog, or police horse and shall
65 pay the replacement cost of the animal if, as a result of the
66 offense, the animal can no longer perform its duties.
67 Section 2. Subsection (1) of section 767.16, Florida
68 Statutes, is amended to read:
69 767.16 Police canine or service dog; exemption.—
70 (1) Any canine dog that is owned, or the service of which
71 is employed, by a law enforcement agency, is exempt from this
72 part.
73 Section 3. Paragraph (c) of subsection (3) of section
74 921.0022, Florida Statutes, is amended to read:
75 921.0022 Criminal Punishment Code; offense severity ranking
76 chart.—
77 (3) OFFENSE SEVERITY RANKING CHART
78 (c) LEVEL 3
79
80 FloridaStatute FelonyDegree Description
81 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
82 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
83 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
84 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
85 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
86 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
87 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
88 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
89 327.35(2)(b) 3rd Felony BUI.
90 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
91 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
92 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
93 379.2431 (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.
94 379.2431 (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.
95 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
96 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
97 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
98 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
99 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
100 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
101 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
102 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
103 697.08 3rd Equity skimming.
104 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
105 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
106 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
107 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
108 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
109 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
110 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
111 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
112 817.233 3rd Burning to defraud insurer.
113 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
114 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
115 817.236 3rd Filing a false motor vehicle insurance application.
116 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
117 817.413(2) 3rd Sale of used goods as new.
118 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
119 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
120 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
121 843.19 2nd 3rd Injure, disable, or kill police, fire, or SAR canine dog or police horse.
122 860.15(3) 3rd Overcharging for repairs and parts.
123 870.01(2) 3rd Riot; inciting or encouraging.
124 893.13(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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
125 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
126 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
127 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
128 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
129 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
130 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
131 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
132 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
133 893.13(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.
134 893.13(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.
135 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
136 893.13(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.
137 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
138 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
139 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
140 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
141 Section 4. This act shall take effect October 1, 2019.