The Florida Senate

828.122  Fighting or baiting animals; offenses; penalties.--

(1)  This act may be cited as "The Animal Fighting Act."

(2)  As used in this section:

(a)  "Baiting" means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, "baiting" means the use of live animals in the training of racing greyhounds.

(b)  "Person" means every natural person, firm, copartnership, association, or corporation.

(3)  Any person who commits any of the following acts is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a)  Baiting, or using any animal for the purpose of fighting or baiting any other animal.

(b)  Knowingly owning, managing, or operating any facility kept or used for the purpose of fighting or baiting any animal.

(c)  Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals.

(4)  Any person who willfully commits any of the following acts is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083:

(a)  Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or

(b)  Attending the fighting or baiting of animals.

(5)  Whenever an indictment is returned or an information is filed charging a violation of s. 828.12 or of this section and, in the case of an information, a magistrate finds probable cause that a violation has occurred, the court shall order the animals seized and shall provide for appropriate and humane care or disposition of the animals. This provision shall not be construed as a limitation on the power to seize animals as evidence at the time of arrest.

(6)  The provisions of subsection (3) and paragraph (4)(b) shall not apply to:

(a)  Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided s. 828.12 is not violated.

(b)  Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Fish and Wildlife Conservation Commission.

(c)  Any person using animals to work livestock for agricultural purposes.

(d)  Any person violating s. 828.121

(e)  Any person using animals to hunt wild hogs or to retrieve domestic hogs.

(7)  Nothing in this section shall be construed to prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.

History.--ss. 1, 2, ch. 76-59; s. 1, ch. 81-224; s. 2, ch. 82-116; s. 1, ch. 85-289; ss. 1, 3, ch. 86-179; s. 202, ch. 91-224; s. 7, ch. 93-13; s. 230, ch. 99-245; s. 2, ch. 2002-51.