Florida Senate - 2021                                    SB 1122
       By Senator Brodeur
       9-01011B-21                                           20211122__
    1                        A bill to be entitled                      
    2         An act relating to animal cruelty; amending s. 828.12,
    3         F.S.; revising the elements of certain animal cruelty
    4         offenses; amending s. 828.13, F.S.; defining the term
    5         “adequate shelter”; prohibiting the failure to provide
    6         an animal adequate shelter; providing criminal
    7         penalties; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Subsection (1) of section 828.12, Florida
   12  Statutes, is amended to read:
   13         828.12 Cruelty to animals.—
   14         (1) A person who unnecessarily overloads, overdrives,
   15  torments, deprives of necessary sustenance or shelter, or
   16  unnecessarily mutilates, or unnecessarily or kills any animal,
   17  or causes the same to be done, or carries in or upon any
   18  vehicle, or otherwise, any animal in a cruel or inhumane manner,
   19  commits animal cruelty, a misdemeanor of the first degree,
   20  punishable as provided in s. 775.082 or by a fine of not more
   21  than $5,000, or both.
   22         Section 2. Subsections (1) and (2) of section 828.13,
   23  Florida Statutes, are amended to read:
   24         828.13 Confinement of animals without sufficient food,
   25  water, or exercise; abandonment of animals.—
   26         (1) As used in this section:
   27         (a) “Abandon” means to forsake an animal entirely or to
   28  neglect or refuse to provide or perform the legal obligations
   29  for care and support of an animal by its owner.
   30         (b)“Adequate shelter” means provision of and access to a
   31  secure weather-resistant shelter that is suitable for the age,
   32  height, size, breed, and type of each animal; provides adequate
   33  air ventilation and adequate space for each animal to stand up,
   34  lay down, stretch out, and turn around without being impeded by
   35  the shelter; is safe and protects each animal from injury, rain,
   36  hail, the adverse effects of heat or cold, physical suffering,
   37  and impairment of health; is properly cleaned; enables each
   38  animal to be clean and dry, except when detrimental to the
   39  species; during hot weather, is properly shaded with a covering
   40  and does not readily conduct heat; during cold weather, has a
   41  windbreak at its entrance and provides a quantity of bedding
   42  material consisting of straw, cedar shavings, or the equivalent
   43  that is sufficient to protect the animal from cold and promote
   44  the retention of body heat; and, for dogs and cats, provides a
   45  solid surface, resting platform, pad, floor mat, or similar
   46  device that is large enough for the animal to lie on in a normal
   47  manner and can be maintained in a sanitary manner. A shelter
   48  whose wire, grid, or slat floor permits an animal’s feet to pass
   49  through the openings; sags under the animal’s weight; or
   50  otherwise does not protect the animal’s feet or toes from injury
   51  is not adequate shelter for purposes of this section.
   52         (c)(b) “Owner” includes any owner, custodian, or other
   53  person in charge of an animal.
   54         (2) Whoever:
   55         (a) Impounds or confines an any animal in any place and
   56  fails to supply the animal during such confinement with a
   57  sufficient quantity of good and wholesome food and water;,
   58         (b) Keeps an animal any animals in any enclosure without
   59  wholesome exercise and change of air;, or
   60         (c) Abandons to die an any animal that is maimed, sick,
   61  infirm, or diseased; or
   62         (d)Fails to provide an animal adequate shelter,
   64  commits is guilty of a misdemeanor of the first degree,
   65  punishable as provided in s. 775.082 or by a fine of not more
   66  than $5,000, or by both imprisonment and a fine.
   67         Section 3. This act shall take effect October 1, 2021.