House Bill hb1175

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    Florida House of Representatives - 2001                HB 1175

        By Representatives Kottkamp, Needelman, Harrington, Bowen,
    Kyle, Hart, Clarke, Green, Harrell, Pickens, Ross, Murman,
    Mahon, Negron, Gardiner, Garcia, Berfield, Melvin, Kilmer,
    Maygarden and Bullard



  1                      A bill to be entitled

  2         An act relating to cruelty to animals; amending

  3         s. 828.12, F.S.; providing additional acts

  4         which constitute cruelty to an animal;

  5         providing a penalty; specifying conditions of

  6         sentencing and release for second or subsequent

  7         conviction for intentional commission of an act

  8         upon any animal which results in the cruel

  9         death of or excessive or repeated infliction of

10         unnecessary pain or suffering upon the animal;

11         provides that any person convicted of such a

12         violation, where the finder of fact determines

13         that the violation includes the knowing and

14         intentional torture or torment of an animal

15         that injures, mutilates, or kills the animal,

16         shall, in addition to any other sentence

17         imposed, be ordered to complete an anger

18         management treatment program; providing a

19         minimum mandatory fine and minimum mandatory

20         period of incarceration for conviction of any

21         crime where the finder of fact determines that

22         the violation includes an intentional act of

23         cruelty to animals; providing for

24         nonapplicability of the act; providing

25         construction; reenacting ss. 550.2415(6)(d),

26         828.122(5) and (6)(a), 828.17, 828.29(14),

27         943.051(3)(b)11., 985.212(1)(b)11., and

28         921.0022(3)(c), F.S., to incorporate the

29         amendment to s. 828.12, F.S., in references

30         thereto; providing an effective date.

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  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 828.12, Florida Statutes, is

  4  amended to read:

  5         828.12  Cruelty to animals.--

  6         (1)  A person who unnecessarily overloads, overdrives,

  7  torments, deprives of necessary sustenance, medical attention,

  8  sanitation, or shelter, or unnecessarily mutilates, or kills

  9  any animal, or causes the same to be done, or carries in or

10  upon any vehicle, or otherwise, any animal in a cruel or

11  inhumane manner, is guilty of a misdemeanor of the first

12  degree, punishable as provided in s. 775.082 or by a fine of

13  not more than $5,000, or both.

14         (2)  A person who intentionally commits an act to any

15  animal which results in the cruel death, or excessive or

16  repeated infliction of unnecessary pain or suffering, or

17  causes the same to be done, is guilty of a felony of the third

18  degree, punishable as provided in s. 775.082 or by a fine of

19  not more than $10,000, or both. A person convicted of a

20  violation of this subsection, where the finder of fact

21  determines that the violation includes the knowing and

22  intentional torture or torment of an animal that injures,

23  mutilates, or kills the animal, shall, in addition to the

24  sentence imposed pursuant to this subsection, be ordered to

25  complete an anger management treatment program. Upon such a

26  determination, the court shall order an evaluation of the

27  person convicted to be conducted prior to sentencing to assist

28  the court in determining an appropriate sentence. The person

29  ordered to undergo the evaluation shall pay the cost of the

30  evaluation, unless the person has been determined by the court

31  to be indigent, in which case the cost shall be paid by the

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  1  county. If the evaluation results in a recommendation of

  2  treatment, and if the court so finds, the person shall be

  3  ordered to complete an anger management treatment program or

  4  any other program that the court may deem appropriate. Any

  5  person convicted on a second or subsequent violation of this

  6  subsection shall be released only upon expiration of sentence,

  7  shall not be eligible for parole, control release, or any form

  8  of early release, and must serve 100 percent of the

  9  court-imposed sentence. Any plea of nolo contendere shall be

10  considered a conviction for purposes of this subsection. In

11  addition to any other sentence imposed for a violation of this

12  subsection, any person convicted of any crime where the finder

13  of fact determines that the violation includes an intentional

14  act of cruelty to animals shall be required to pay a minimum

15  mandatory fine of $2,500, serve a minimum mandatory period of

16  incarceration of 1 year, and complete an anger management

17  treatment program or any other treatment program deemed

18  appropriate by the court.

19         (3)  A veterinarian licensed to practice in the state

20  shall be held harmless from either criminal or civil liability

21  for any decisions made or services rendered under the

22  provisions of this section. Such a veterinarian is, therefore,

23  under this subsection, immune from a lawsuit for his or her

24  part in an investigation of cruelty to animals.

25         (4)  A person who intentionally trips, fells, ropes, or

26  lassos the legs of a horse by any means for the purpose of

27  entertainment or sport shall be guilty of a third degree

28  felony, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.  As used in this subsection, "trip" means any act

30  that consists of the use of any wire, pole, stick, rope, or

31  other apparatus to cause a horse to fall or lose its balance,

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  1  and "horse" means any animal of any registered breed of the

  2  genus Equus, or any recognized hybrid thereof. The provisions

  3  of this subsection shall not apply when tripping is used:

  4         (a)  To control a horse that is posing an immediate

  5  threat to other livestock or human beings;

  6         (b)  For the purpose of identifying ownership of the

  7  horse when its ownership is unknown; or

  8         (c)  For the purpose of administering veterinary care

  9  to the horse.

10         (5)  The provisions of this section do not apply to:

11         (a)  The treatment of livestock and other animals used

12  in the farm or ranch production of food, fiber, or other

13  agricultural products when such treatment is in accordance

14  with accepted agricultural animal husbandry.

15         (b)  The treatment of animals involved in research if

16  such research facility is operating under rules set forth by

17  the state or by the Federal Government.

18         (c)  The treatment of animals involved in rodeos.

19         (d)  The treatment of dogs used for legal hunting

20  activities.

21         (e)  Wildlife nuisance.

22         (f)  Activities concerning wildlife and predator

23  control in the state, including trapping, regulated by local

24  or general law.

25         (6)  Nothing in this section shall be construed to

26  amend or in any manner change the authority of the Fish and

27  Wildlife Conservation Commission.

28         Section 2.  For the purpose of incorporating the

29  amendment to section 828.12, Florida Statutes, in references

30  thereto, the sections or subdivisions of Florida Statutes set

31  forth below are reenacted to read:

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  1         550.2415  Racing of animals under certain conditions

  2  prohibited; penalties; exceptions.--

  3         (6)

  4         (d)  A conviction of cruelty to animals pursuant to s.

  5  828.12 involving a racing animal constitutes a violation of

  6  this chapter.

  7         828.122  Fighting or baiting animals; offenses;

  8  penalties.--

  9         (5)  Whenever an indictment is returned or an

10  information is filed charging a violation of s. 828.12 or of

11  this section and, in the case of an information, a magistrate

12  finds probable cause that a violation has occurred, the court

13  shall order the animals seized and shall provide for

14  appropriate and humane care or disposition of the animals.

15  This provision shall not be construed as a limitation on the

16  power to seize animals as evidence at the time of arrest.

17         (6)  The provisions of subsection (3) and paragraph

18  (4)(b) shall not apply to:

19         (a)  Any person simulating a fight for the purpose of

20  using the simulated fight as part of a motion picture which

21  will be used on television or in a motion picture, provided s.

22  828.12 is not violated.

23         828.17  Officer to arrest without warrant.--Any sheriff

24  or any other peace officer of the state, or any police officer

25  of any city or town of the state, shall arrest without warrant

26  any person found violating any of the provisions of ss.

27  828.04, 828.08, 828.12, and 828.13-828.16, and the officer

28  making the arrest shall hold the offender until a warrant can

29  be procured, and he or she shall use proper diligence to

30  procure such warrant.

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  1         828.29  Dogs and cats transported or offered for sale;

  2  health requirements; consumer guarantee.--

  3         (14)  The state attorney may bring an action to enjoin

  4  any violator of this section or s. 828.12 or s. 828.13 from

  5  being a pet dealer.

  6         943.051  Criminal justice information; collection and

  7  storage; fingerprinting.--

  8         (3)

  9         (b)  A minor who is charged with or found to have

10  committed the following offenses shall be fingerprinted and

11  the fingerprints shall be submitted to the department:

12         11.  Cruelty to animals, as defined in s. 828.12(1).

13         985.212  Fingerprinting and photographing.--

14         (1)

15         (b)  A child who is charged with or found to have

16  committed one of the following offenses shall be

17  fingerprinted, and the fingerprints shall be submitted to the

18  Department of Law Enforcement as provided in s. 943.051(3)(b):

19         11.  Cruelty to animals, as defined in s. 828.12(1).

20

21  A law enforcement agency may fingerprint and photograph a

22  child taken into custody upon probable cause that such child

23  has committed any other violation of law, as the agency deems

24  appropriate. Such fingerprint records and photographs shall be

25  retained by the law enforcement agency in a separate file, and

26  these records and all copies thereof must be marked "Juvenile

27  Confidential." These records are not available for public

28  disclosure and inspection under s. 119.07(1) except as

29  provided in ss. 943.053 and 985.04(5), but shall be available

30  to other law enforcement agencies, criminal justice agencies,

31  state attorneys, the courts, the child, the parents or legal

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  1  custodians of the child, their attorneys, and any other person

  2  authorized by the court to have access to such records. In

  3  addition, such records may be submitted to the Department of

  4  Law Enforcement for inclusion in the state criminal history

  5  records and used by criminal justice agencies for criminal

  6  justice purposes. These records may, in the discretion of the

  7  court, be open to inspection by anyone upon a showing of

  8  cause. The fingerprint and photograph records shall be

  9  produced in the court whenever directed by the court. Any

10  photograph taken pursuant to this section may be shown by a

11  law enforcement officer to any victim or witness of a crime

12  for the purpose of identifying the person who committed such

13  crime.

14         921.0022  Criminal Punishment Code; offense severity

15  ranking chart.--

16         (3)  OFFENSE SEVERITY RANKING CHART

17

18  Florida           Felony

19  Statute           Degree             Description

20

21                              (c)  LEVEL 3

22  316.1935(2)        3rd      Fleeing or attempting to elude

23                              law enforcement officer in marked

24                              patrol vehicle with siren and

25                              lights activated.

26  319.30(4)          3rd      Possession by junkyard of motor

27                              vehicle with identification

28                              number plate removed.

29  319.33(1)(a)       3rd      Alter or forge any certificate of

30                              title to a motor vehicle or

31                              mobile home.

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  1  319.33(1)(c)       3rd      Procure or pass title on stolen

  2                              vehicle.

  3  319.33(4)          3rd      With intent to defraud, possess,

  4                              sell, etc., a blank, forged, or

  5                              unlawfully obtained title or

  6                              registration.

  7  328.05(2)          3rd      Possess, sell, or counterfeit

  8                              fictitious, stolen, or fraudulent

  9                              titles or bills of sale of

10                              vessels.

11  328.07(4)          3rd      Manufacture, exchange, or possess

12                              vessel with counterfeit or wrong

13                              ID number.

14  376.302(5)         3rd      Fraud related to reimbursement

15                              for cleanup expenses under the

16                              Inland Protection Trust Fund.

17  501.001(2)(b)      2nd      Tampers with a consumer product

18                              or the container using materially

19                              false/misleading information.

20  697.08             3rd      Equity skimming.

21  790.15(3)          3rd      Person directs another to

22                              discharge firearm from a vehicle.

23  796.05(1)          3rd      Live on earnings of a prostitute.

24  806.10(1)          3rd      Maliciously injure, destroy, or

25                              interfere with vehicles or

26                              equipment used in firefighting.

27  806.10(2)          3rd      Interferes with or assaults

28                              firefighter in performance of

29                              duty.

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  1  810.09(2)(c)       3rd      Trespass on property other than

  2                              structure or conveyance armed

  3                              with firearm or dangerous weapon.

  4  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

  5                              less than $10,000.

  6  815.04(4)(b)       2nd      Computer offense devised to

  7                              defraud or obtain property.

  8  817.034(4)(a)3.    3rd      Engages in scheme to defraud

  9                              (Florida Communications Fraud

10                              Act), property valued at less

11                              than $20,000.

12  817.233            3rd      Burning to defraud insurer.

13  828.12(2)          3rd      Tortures any animal with intent

14                              to inflict intense pain, serious

15                              physical injury, or death.

16  831.29             2nd      Possession of instruments for

17                              counterfeiting drivers' licenses

18                              or identification cards.

19  838.021(3)(b)      3rd      Threatens unlawful harm to public

20                              servant.

21  843.19             3rd      Injure, disable, or kill police

22                              dog or horse.

23  870.01(2)          3rd      Riot; inciting or encouraging.

24  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

25                              cannabis (or other s.

26                              893.03(1)(c), (2)(c)1., (2)(c)2.,

27                              (2)(c)3., (2)(c)5., (2)(c)6.,

28                              (2)(c)7., (2)(c)8., (2)(c)9.,

29                              (3), or (4) drugs).

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  1  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

  2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  3                              (2)(c)3., (2)(c)5., (2)(c)6.,

  4                              (2)(c)7., (2)(c)8., (2)(c)9.,

  5                              (3), or (4) drugs within 200 feet

  6                              of university or public park.

  7  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

  8                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  9                              (2)(c)3., (2)(c)5., (2)(c)6.,

10                              (2)(c)7., (2)(c)8., (2)(c)9.,

11                              (3), or (4) drugs within 200 feet

12                              of public housing facility.

13  893.13(6)(a)       3rd      Possession of any controlled

14                              substance other than felony

15                              possession of cannabis.

16  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

17                              controlled substance by fraud,

18                              forgery, misrepresentation, etc.

19  893.13(7)(a)11.    3rd      Furnish false or fraudulent

20                              material information on any

21                              document or record required by

22                              chapter 893.

23  918.13(1)(a)       3rd      Alter, destroy, or conceal

24                              investigation evidence.

25  944.47

26   (1)(a)1.-2.       3rd      Introduce contraband to

27                              correctional facility.

28  944.47(1)(c)       2nd      Possess contraband while upon the

29                              grounds of a correctional

30                              institution.

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  1  985.3141           3rd      Escapes from a juvenile facility

  2                              (secure detention or residential

  3                              commitment facility).

  4         Section 3.  This act shall take effect upon becoming a

  5  law.

  6

  7            *****************************************

  8                          HOUSE SUMMARY

  9
      Includes deprivation of medical attention or sanitation
10    among acts that constitute cruelty to an animal for which
      a first degree misdemeanor penalty is provided. Provides
11    that a person convicted for a second or subsequent
      violation of intentional commission of an act upon any
12    animal which results in the cruel death of or excessive
      or repeated infliction of unnecessary pain or suffering
13    upon the animal shall not be eligible for parole, control
      release, or any form of early release from incarceration,
14    and must serve 100 percent of the court-imposed sentence.
      Provides that any person convicted of such a violation,
15    where the finder of fact determines that the violation
      includes the knowing and intentional torture or torment
16    of an animal that injures, mutilates, or kills the
      animal, shall, in addition to any other sentence imposed,
17    be ordered to complete an anger management treatment
      program. Provides that conviction of any crime that
18    includes an intentional act of cruelty to animals shall
      be punishable by a minimum mandatory fine of $2,500, a
19    minimum mandatory period of incarceration of 1 year, and
      completion of an anger management or other appropriate
20    treatment program.

21
      Provides for nonapplicability and construction of the
22    act.

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