Senate Bill sb1310e1
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1 A bill to be entitled
2 An act relating to animal fighting or baiting;
3 amending s. 828.122, F.S.; prohibiting
4 additional acts associated with animal fighting
5 or baiting; providing for the seizure,
6 impoundment, and euthanasia of animals under
7 certain conditions; providing penalties;
8 providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 828.122, Florida Statutes, is
13 amended to read:
14 828.122 Fighting or baiting animals; offenses;
15 penalties.--
16 (1) This act may be cited as "The Animal Fighting
17 Act."
18 (2) As used in this section:
19 (a) "Baiting" means to attack with violence, to
20 provoke, or to harass an animal with one or more animals for
21 the purpose of training an animal for, or to cause an animal
22 to engage in, fights with or among other animals. In
23 addition, "baiting" means the use of live animals in the
24 training of racing greyhounds.
25 (b) "Person" means every natural person, firm,
26 copartnership, association, or corporation.
27 (3) Any person who commits any of the following acts
28 is guilty of a felony of the third degree, punishable as
29 provided in s. 775.082, s. 775.083, or s. 775.084:
30 (a) Baiting, or using any animal for the purpose of
31 fighting or baiting any other animal.
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CS for SB 1310 First Engrossed (ntc)
1 (b) Knowingly owning, managing, or operating any
2 facility kept or used for the purpose of fighting or baiting
3 any animal.
4 (c) Promoting, staging, advertising, or charging any
5 admission fee to a fight or baiting between two or more
6 animals.
7 (d) Refereeing or advertising animal baiting or
8 fighting, or serving as security for or a stakesholder of any
9 money wagered on animal fighting or baiting.
10 (4) Any person who willfully commits any of the
11 following acts is guilty of a misdemeanor of the first degree,
12 punishable as provided in s. 775.082 or s. 775.083:
13 (e)(a) Betting or wagering any money or other valuable
14 consideration on the fighting or baiting of animals; or
15 (f)(b) Attending the fighting or baiting of animals.
16 (5) A circuit judge who orders the seizure of an
17 animal may require that it be impounded at an animal shelter
18 or other undisclosed location where it can be humanely housed
19 until its final disposition is determined. The law enforcement
20 agency that seizes the animal shall remand the animal to the
21 county animal shelter. The county animal shelter is entitled
22 to receive reimbursement of its costs from the owner or
23 possessor of the animal.
24 (6) If an animal shelter or other location is
25 unavailable, a court may order the animal impounded on the
26 property of its owner or possessor and shall order such person
27 to provide all necessary care for the animal and allow regular
28 inspections of the animal by any persons designated by the
29 court. Any person so ordered may not dispose of the animal
30 without court authorization.
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CS for SB 1310 First Engrossed (ntc)
1 (7) The final disposition of an animal seized under
2 this section shall be determined by a county court pursuant to
3 s. 828.073.
4 (8) If an animal kept or used in violation of this
5 section is found by a circuit court to be unable to humanely
6 survive until a custody hearing, until the final disposition
7 of the charges, or until a court orders forfeiture, or if
8 other circumstances warrant, the court may order the animal
9 euthanized.
10 (5) Whenever an indictment is returned or an
11 information is filed charging a violation of s. 828.12 or of
12 this section and, in the case of an information, a magistrate
13 finds probable cause that a violation has occurred, the court
14 shall order the animals seized and shall provide for
15 appropriate and humane care or disposition of the animals.
16 This provision shall not be construed as a limitation on the
17 power to seize animals as evidence at the time of arrest.
18 (9)(6) This section does The provisions of subsection
19 (3) and paragraph (4)(b) shall not apply to:
20 (a) Any person simulating a fight for the purpose of
21 using the simulated fight as part of a motion picture which
22 will be used on television or in a motion picture, provided s.
23 828.12 is not violated.
24 (b) Any person using animals to pursue or take
25 wildlife or to participate in any hunting regulated or subject
26 to being regulated by the rules and regulations of the Fish
27 and Wildlife Conservation Commission.
28 (c) Any person using animals to work livestock for
29 agricultural purposes.
30 (d) Any person violating s. 828.121.
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1 (e) Any person using dogs animals to hunt wild hogs or
2 to retrieve domestic hogs pursuant to customary hunting or
3 agricultural practices.
4 (10)(7) Nothing in this section shall be construed to
5 prohibit, impede, or otherwise interfere with recognized
6 animal husbandry and training techniques or practices not
7 otherwise specifically prohibited by law.
8 Section 2. This act shall take effect July 1, 2001.
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