Florida Senate - 2011                                    SB 2032
       By Senator Braynon
       33-01610A-11                                          20112032__
    1                        A bill to be entitled                      
    2         An act relating to fighting or baiting animals;
    3         amending s. 828.122, F.S.; correcting a cross
    4         reference; providing a rebuttable presumption that an
    5         animal has been trained or used for fighting if
    6         certain facts are proven; providing that a county or
    7         agency is not liable for the cost of an animal seized
    8         and awarded custody to the county or agency pursuant
    9         to a court order under specified provisions; providing
   10         an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1.  Subsections (4) through (10) of section
   15  828.122, Florida Statutes, are renumbered as subsections (5)
   16  through (11), respectively, a new subsection (4) is added to
   17  that section, and present paragraph (f) of subsection (3) and
   18  subsection (7) of that section are amended, to read:
   19         828.122 Fighting or baiting animals; offenses; penalties.—
   20         (3) Any person who knowingly commits any of the following
   21  acts commits a felony of the third degree, punishable as
   22  provided in s. 775.082, s. 775.083, or s. 775.084:
   23         (f) Removing or facilitating the removal of any animal
   24  impounded under this section from an agency where the animal is
   25  impounded or from a location designated by the court under
   26  subsection (5) (4), subsection (6) (5), or subsection (8) (7),
   27  without the prior authorization of the court;
   29  Notwithstanding any provision of this subsection to the
   30  contrary, possession of the animal alone does not constitute a
   31  violation of this section.
   32         (4) There is a rebuttable presumption that an animal has
   33  been trained or used for fighting if:
   34         (a) The animal exhibits fresh wounds, scarring, or other
   35  specific indications that the animal has been or will be used
   36  for fighting; or
   37         (b) A person possesses training apparatus, paraphernalia,
   38  or drugs known to be used to prepare an animal to be fought or
   39  known to be used during an actual fight. Training apparatus or
   40  paraphernalia may include, but are not limited to, a gaff, a
   41  slasher, or any other sharp implement designed to be attached in
   42  place of the natural spur of a gamecock or other fighting bird,
   43  the possession of sparring muffs, or a fighting pit.
   44         (8)(7) If an animal can be housed in a humane manner, the
   45  provisions of s. 828.073 shall apply. For the purpose of a
   46  hearing provided pursuant to s. 828.073(2), any animal baited,
   47  bred, trained, transported, sold, owned, possessed, or used for
   48  the purpose of animal fighting or baiting shall be considered
   49  mistreated. The county or agency is not liable for the cost of
   50  an animal seized and awarded custody to the county or agency
   51  pursuant to a court order under this section.
   52         Section 2. This act shall take effect October 1, 2011.