Florida Senate - 2025                                    SB 1732
       
       
        
       By Senator Arrington
       
       
       
       
       
       25-01237-25                                           20251732__
    1                        A bill to be entitled                      
    2         An act relating to animal cruelty; creating s. 827.12,
    3         F.S.; providing criminal penalties for an adult who
    4         causes or entices a minor to commit or in the presence
    5         of a minor commits a specified violation of law
    6         relating to animal cruelty; amending s. 921.0022,
    7         F.S.; increasing the level on the offense severity
    8         ranking chart for fighting or baiting animals; ranking
    9         the offense created by this act on the offense
   10         severity ranking chart; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 827.12, Florida Statutes, is created to
   15  read:
   16         827.12 Causing or enticing a minor to commit, or committing
   17  in the presence of a minor, animal cruelty; penalty.—An
   18  individual 18 years of age or older commits a felony of the
   19  third degree, punishable as provided in s. 775.082, s. 775.083,
   20  or s. 775.084, if he or she causes or entices a minor to commit,
   21  or in the presence of a minor commits, a violation of s.
   22  828.12(2), s. 828.122, or s. 828.126.
   23         Section 2. Paragraphs (a), (e), and (f) of subsection (3)
   24  of section 921.0022, Florida Statutes, are amended to read:
   25         921.0022 Criminal Punishment Code; offense severity ranking
   26  chart.—
   27         (3) OFFENSE SEVERITY RANKING CHART
   28         (a) LEVEL 1
   29  
   30  FloridaStatute          FelonyDegree          Description          
   31  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
   32  104.0616(2)                 3rd     Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
   33  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
   34  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
   35  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
   36  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
   37  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
   38  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
   39  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
   40  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
   41  322.212(5)(a)               3rd     False application for driver license or identification card.
   42  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
   43  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
   44  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
   45  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
   46  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
   47  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
   48  815.04(4)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
   49  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
   50  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
   51  826.01                      3rd     Bigamy.                        
   52  828.122(3)                  3rd     Fighting or baiting animals.   
   53  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
   54  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
   55  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
   56  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
   57  838.15(2)                   3rd     Commercial bribe receiving.    
   58  838.16                      3rd     Commercial bribery.            
   59  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
   60  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
   61  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
   62  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
   63  849.25(2)                   3rd     Engaging in bookmaking.        
   64  860.08                      3rd     Interfere with a railroad signal.
   65  860.13(1)(a)                3rd     Operate aircraft while under the influence.
   66  893.13(2)(a)2.              3rd     Purchase of cannabis.          
   67  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
   68  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
   69         (e) LEVEL 5
   70  
   71  FloridaStatute             FelonyDegree        Description        
   72  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
   73  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
   74  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
   75  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
   76  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
   77  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.
   78  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
   79  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
   80  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
   81  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
   82  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
   83  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
   84  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
   85  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
   86  790.01(3)                      3rd     Unlawful carrying of a concealed firearm.
   87  790.162                        2nd     Threat to throw or discharge destructive device.
   88  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
   89  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
   90  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
   91  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
   92  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
   93  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
   94  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
   95  810.145(4)(c)                  3rd     Commercial digital voyeurism dissemination.
   96  810.145(7)(a)                  2nd     Digital voyeurism; 2nd or subsequent offense.
   97  810.145(8)(a)                  2nd     Digital voyeurism; certain minor victims.
   98  812.014(2)(d)3.                2nd     Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
   99  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  100  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
  101  812.015(8)(f)                  3rd     Retail theft; multiple thefts within specified period.
  102  812.015(8)(g)                  3rd     Retail theft; committed with specified number of other persons.
  103  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
  104  812.081(3)                     2nd     Trafficking in trade secrets.
  105  812.131(2)(b)                  3rd     Robbery by sudden snatching.
  106  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
  107  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
  108  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
  109  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.
  110  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.
  111  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  112  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  113  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  114  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  115  828.122(3)                     3rd     Fighting or baiting animals.
  116  836.14(4)                      2nd     Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
  117  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.
  118  843.01(1)                      3rd     Resist officer with violence to person; resist arrest with violence.
  119  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
  120  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
  121  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
  122  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  123  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
  124  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)5. drugs).
  125  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (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.
  126  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)5. drugs) within 1,000 feet of university.
  127  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  128  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)5. drugs) within 1,000 feet of public housing facility.
  129  893.13(4)(b)                   2nd     Use or hire of minor; deliver to minor other controlled substance.
  130  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  131         (f) LEVEL 6
  132  
  133  FloridaStatute              FelonyDegree        Description        
  134  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  135  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  136  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  137  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  138  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  139  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  140  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  141  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  142  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  143  784.041                          3rd     Felony battery; domestic battery by strangulation.
  144  784.048(3)                       3rd     Aggravated stalking; credible threat.
  145  784.048(5)                       3rd     Aggravated stalking of person under 16.
  146  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  147  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  148  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  149  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  150  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  151  784.083(2)                       2nd     Aggravated assault on code inspector.
  152  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  153  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  154  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  155  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  156  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  157  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  158  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  159  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  160  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  161  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  162  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  163  810.145(8)(b)                    2nd     Digital voyeurism; certain minor victims; 2nd or subsequent offense.
  164  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  165  812.014(2)(c)5.                  3rd     Grand theft; third degree; firearm.
  166  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  167  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  168  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 120 days is $3,000 or more; coordination of others.
  169  812.015(9)(d)                    2nd     Retail theft; multiple thefts within specified period.
  170  812.015(9)(e)                    2nd     Retail theft; committed with specified number of other persons and use of social media platform.
  171  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  172  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  173  817.49(2)(b)2.                   2nd     Willful making of a false report of a crime resulting in death.
  174  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  175  817.5695(3)(b)                   2nd     Exploitation of person 65 years of age or older, value $10,000 or more, but less than $50,000.
  176  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  177  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  178  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  179  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  180  827.03(2)(c)                     3rd     Abuse of a child.         
  181  827.03(2)(d)                     3rd     Neglect of a child.       
  182  827.071(5)                       3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
  183  827.12                           3rd     Causing or enticing a minor to commit, or committing in the presence of a minor, animal cruelty.
  184  828.126(3)                       3rd     Sexual activities involving animals.
  185  836.05                           2nd     Threats; extortion.       
  186  836.10                           2nd     Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  187  843.12                           3rd     Aids or assists person to escape.
  188  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  189  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  190  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  191  893.131                          2nd     Distribution of controlled substances resulting in overdose or serious bodily injury.
  192  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  193  918.13(2)(b)                     2nd     Tampering with or fabricating physical evidence relating to a capital felony.
  194  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  195  944.40                           2nd     Escapes.                  
  196  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  197  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  198  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  199         Section 3. This act shall take effect October 1, 2025.