Florida Senate - 2018                                      SB 86
       
       
        
       By Senator Hukill
       
       
       
       
       
       14-00045-18                                             201886__
    1                        A bill to be entitled                      
    2         An act relating to animal hoarding; amending s.
    3         828.02, F.S.; defining the term “animal hoarding”;
    4         amending s. 828.12, F.S.; prohibiting animal hoarding;
    5         providing penalties and remedies for animal hoarding;
    6         providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 828.02, Florida Statutes, is amended to
   11  read:
   12         828.02 Definitions.—
   13         (1) As used in this chapter, and in every law of the state
   14  relating to or in any way affecting animals, the term word
   15  “animal” includes shall be held to include every living dumb
   16  creature; the terms words “torture,” “torment,” and “cruelty”
   17  shall be held to include every act, omission, or neglect whereby
   18  unnecessary or unjustifiable pain or suffering is caused, except
   19  when done in the interest of medical science, which is
   20  permitted, or allowed to continue when there is reasonable
   21  remedy or relief; and the terms words “owner” and “person” shall
   22  be held to include corporations, and the knowledge and acts of
   23  agents and employees of corporations in regard to animals
   24  transported, owned, employed by, or in the custody of a
   25  corporation, shall be held to be the knowledge and act of such
   26  corporation.
   27         (2) As used in this chapter, the term “animal hoarding”
   28  means the act of:
   29         (a) Keeping a large number of companion animals in
   30  overcrowded conditions;
   31         (b) Failing to provide such animals with minimal standards
   32  of nutrition, sanitation, shelter, and medical care; and
   33         (c) Displaying an inability to recognize or understand,
   34  demonstrating a reckless disregard for, or refusing to
   35  acknowledge the conditions under which the animals are being
   36  kept and the impact of such conditions on the well-being of the
   37  animals, the person engaged in the act, or other persons.
   38         Section 2. Subsection (6) is added to section 828.12,
   39  Florida Statutes, to read:
   40         828.12 Cruelty to animals.—
   41         (6) A person who engages in animal hoarding as defined in
   42  s. 828.02 commits animal cruelty, a felony of the third degree,
   43  punishable as provided in s. 775.082, or by a fine of not more
   44  than $10,000, or both.
   45         (a) If a court finds probable cause to believe that a
   46  violation of this subsection has occurred, the court must order
   47  the seizure of any animals whose health and welfare are in
   48  imminent danger and provide for appropriate and humane care or
   49  disposition of the animals.
   50         (b) A court may order a person, upon a finding of probable
   51  cause that such person has violated this subsection, to undergo
   52  a psychological evaluation.
   53         (c) The court shall order a person convicted of a violation
   54  of this subsection to undergo psychological counseling.
   55         Section 3. This act shall take effect July 1, 2018.