HB 1911, Engrossed 1 |
2003 |
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A bill to be entitled |
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An act relating to animal fighting or baiting; amending s. |
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828.122, F.S.; defining the term "animal fighting"; |
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revising the elements of the crime of animal fighting or |
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baiting; prohibiting certain acts associated with animal |
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fighting or baiting; providing for the seizure, |
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impoundment, and euthanasia of animals under certain |
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conditions; providing penalties; amending ss. 933.02 and |
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933.18, F.S.; revising provisions relating to the issuance |
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of search warrants and grounds therefor when laws in |
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relation to cruelty to animals have been or are being |
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violated; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 828.122, Florida Statutes, is amended |
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to read: |
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828.122 Fighting or baiting animals; offenses; |
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penalties.-- |
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(1) This act may be cited as "The Animal Fighting Act." |
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(2) As used in this section, the term: |
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(a) "Animal fighting" means fighting between roosters or |
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other birds or between dogs, bears, or other animals.
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(b)(a)"Baiting" means to attack with violence, to |
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provoke, or to harass an animal with one or more animals for the |
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purpose of training an animal for, or to cause an animal to |
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engage in, fights with or among other animals. In addition, |
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"baiting" means the use of live animals in the training of |
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racing greyhounds. |
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(c)(b)"Person" means every natural person, firm, |
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copartnership, association, or corporation. |
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(3) Any person who knowinglycommits any of the following |
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acts commitsis guilty ofa felony of the third degree, |
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084: |
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(a) Baiting, breeding, training, transporting, selling, |
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owning, possessing, or using any wild or domesticanimal for the |
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purpose of animal fighting or baiting; |
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(b) Owning, possessing, or selling equipment for use in |
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any activity described in paragraph (a);any other animal. |
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(c)(b) Knowingly Owning, leasing, managing, or operating, |
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or having control of any propertyfacility kept or used for any |
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activity described in paragraph (a) or paragraph (b);the |
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purpose of fighting or baiting any animal. |
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(d)(c)Promoting, staging, advertising, or charging any |
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admission fee to a fight or baiting between two or more |
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animals;. |
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(e) Performing any service or act to facilitate animal |
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fighting or baiting, including, but not limited to, providing |
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security, refereeing, or handling or transporting animals or |
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being a stakeholder of any money wagered on animal fighting or |
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baiting; |
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(f) Removing or facilitating the removal of any animal |
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impounded under this section from an agency where the animal is |
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impounded or from a location designated by the court under |
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subsection (4), subsection (5), or subsection (7), without the |
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prior authorization of the court; |
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(4) Any person who willfully commits any of the following |
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acts is guilty of a misdemeanor of the first degree, punishable |
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as provided in s. 775.082 or s. 775.083:
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(g)(a)Betting or wagering any money or other valuable |
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consideration on the fighting or baiting of animals; or |
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(h)(b)Attending the fighting or baiting of animals. |
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Notwithstanding any provision of this subsection to the |
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contrary, possession of the animal alone does not constitute a |
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violation of this section. |
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(4)(5)If a court finds probable cause to believe that a |
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violation of this section or s. 828.12 has occurred, the court |
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shall order the seizure of any animals and equipment used in |
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committing the violationWhenever an indictment is returned or |
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an information is filed charging a violation of s. 828.12 or of |
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this section and, in the case of an information, a magistrate |
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finds probable cause that a violation has occurred, the court |
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shall order the animals seizedand shall provide for appropriate |
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and humane care or disposition of the animals. This subsection |
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is notprovision shall not be construed asa limitation on the |
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power to seize animals as evidence at the time of arrest. |
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(5) If an animal shelter or other location is unavailable, |
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a court may order the animal to be impounded on the property of |
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its owner or possessor and shall order such person to provide |
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all necessary care for the animal and to allow regular |
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inspections of the animal by a person designated by the court. |
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(6) If a veterinarian finds that an animal kept or used in |
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violation of this section is suffering from an injury or a |
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disease severe enough that it is not possible to humanely house |
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and care for the animal pending completion of a hearing held |
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under s. 828.073(2), final disposition of the criminal charges, |
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or court-ordered forfeiture, the veterinarian may euthanize the |
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animal as specified in s. 828.058. A veterinarian licensed to |
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practice in this state shall be held harmless from criminal or |
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civil liability for any decisions made or services rendered |
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under this subsection. |
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(7) If an animal can be housed in a humane manner, the |
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provisions of s. 828.073 shall apply. For the purpose of a |
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hearing provided pursuant to s. 828.073(2), any animal baited, |
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bred, trained, transported, sold, owned, possessed, or used for |
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the purpose of animal fighting or baiting shall be considered |
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mistreated.
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(8) In addition to other penalties prescribed by law, the |
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court may issue an order prohibiting a person who is convicted |
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of a violation of this section from owning, possessing, keeping, |
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harboring, or having custody or control over any animals within |
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the species that are the subject of the conviction, or any |
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animals kept for the purpose of fighting or baiting, for a |
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period of time determined by the court. |
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(9)(6)This section The provisions of subsection (3) and |
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paragraph (4)(b)shall not apply to: |
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(a) Any person simulating a fight for the purpose of using |
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the simulated fight as part of a motion picture which will be |
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used on television or in a motion picture, provided s. 828.12 is |
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not violated. |
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(b) Any person using animals to pursue or take wildlife or |
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to participate in any hunting regulated or subject to being |
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regulated by the rules and regulations of the Fish and Wildlife |
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Conservation Commission. |
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(c) Any person using animals to work livestock for |
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agricultural purposes. |
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(d) Any person violating s. 828.121. |
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(e) Any person using dogsanimalsto hunt wild hogs or to |
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retrieve domestic hogs pursuant to customary hunting or |
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agricultural practices. |
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(10)(7) Nothing in This section shall notbe construed to |
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prohibit, impede, or otherwise interfere with recognized animal |
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husbandry and training techniques or practices not otherwise |
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specifically prohibited by law. |
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Section 2. Section 933.02, Florida Statutes, is amended to |
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read: |
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933.02 Grounds for issuance of search warrant.--Upon |
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proper affidavits being made, a search warrant may be issued |
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under the provisions of this chapter upon any of the following |
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grounds: |
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(1) When the property shall have been stolen or embezzled |
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in violation of law; |
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(2) When any property shall have been used: |
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(a) As a means to commit any crime, |
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(b) In connection with gambling, gambling implements and |
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appliances, or |
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(c) In violation of s. 847.011 or other laws in reference |
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to obscene prints and literature; |
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(3) When any property constitutes evidence relevant to |
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proving that a felony has been committed; |
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(4) When any property is being held or possessed: |
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(a) In violation of any of the laws prohibiting the |
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manufacture, sale, and transportation of intoxicating liquors, |
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or |
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(b) In violation of the fish and game laws, or |
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(c) In violation of the laws relative to food and drug, or |
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(d) In violation of a quarantine for citrus canker |
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pursuant to s. 581.184, or |
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(e) Which may be inspected, treated, seized, or destroyed |
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pursuant to s. 581.184; or |
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(5) When the laws in relation to cruelty to animals, as |
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provided in chapter 828,have been or are violated in any |
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particular building or place, but no search shall be made in |
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such building or place after sunset, unless specially authorized |
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by the officer issuing the warrant upon satisfactory cause |
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shown; in which case such property may be taken on the warrant |
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so issued from any house or place in which it is concealed, or |
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from any vehicle, aircraft, or watercraft in which it may be |
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found, or from the possession of any person by whom it shall |
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have been used in the commission of any offense or from any |
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person in whose possession it may be. |
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The provisions of This section shall apply also appliesto any |
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papers or documents used as a means of or in aid of the |
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commission of any offense against the laws of the state. |
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Section 3. Section 933.18, Florida Statutes, is amended to |
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read: |
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933.18 When warrant may be issued for search of private |
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dwelling.--No search warrant shall issue under this chapter or |
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under any other law of this state to search any private dwelling |
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occupied as such unless: |
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(1) It is being used for the unlawful sale, possession, or |
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manufacture of intoxicating liquor; |
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(2) Stolen or embezzled property is contained therein; |
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(3) It is being used to carry on gambling; |
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(4) It is being used to perpetrate frauds and swindles; |
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(5) The law relating to narcotics or drug abuse is being |
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violated therein; |
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(6) A weapon, instrumentality, or means by which a felony |
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has been committed, or evidence relevant to proving said felony |
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has been committed, is contained therein; |
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(7) One or more of the following misdemeanor child abuse |
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offenses is being committed there: |
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(a) Interference with custody, in violation of s. 787.03. |
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(b) Commission of an unnatural and lascivious act with a |
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child, in violation of s. 800.02. |
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(c) Exposure of sexual organs to a child, in violation of |
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s. 800.03. |
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(8) It is in part used for some business purpose such as a |
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store, shop, saloon, restaurant, hotel, orboardinghouse, or |
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lodginghouse; |
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(9) It is being used for the unlawful sale, possession, or |
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purchase of wildlife, saltwater products, or freshwater fish |
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being unlawfully kept therein; or |
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(10) The laws in relation to cruelty to animals, as |
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provided in chapter 828,have been or are being violated |
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therein, except that no search pursuant to such a warrant shall |
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be made in any private dwelling after sunset and before sunrise |
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unless specially authorized by the judge issuing the warrant, |
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upon a showing of probable cause. Property relating to the |
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violation of such laws may be taken on a warrant so issued from |
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any private dwelling in which it is concealed or from the |
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possession of any person therein by whom it shall have been used |
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in the commission of such offense or from any person therein in |
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whose possession it may be. |
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If, during a search pursuant to a warrant issued under this |
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section, a child is discovered and appears to be in imminent |
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danger, the law enforcement officer conducting such search may |
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remove the child from the private dwelling and take the child |
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into protective custody pursuant to chapter 39. The term |
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"private dwelling" shall be construed to include the room or |
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rooms used and occupied, not transiently but solely as a |
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residence, in an apartment house, hotel, boardinghouse, or |
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lodginghouse. No warrant shall be issued for the search of any |
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private dwelling under any of the conditions hereinabove |
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mentioned except on sworn proof by affidavit of some creditable |
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witness that he or she has reason to believe that one of said |
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conditions exists, which affidavit shall set forth the facts on |
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which such reason for belief is based. |
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Section 4. This act shall take effect upon becoming a law. |