| 1 | A bill to be entitled |
| 2 | An act relating to cruelty to animals; amending s. 828.12, |
| 3 | F.S.; increasing certain minimum mandatory fines and |
| 4 | periods of incarceration for certain acts of cruelty to |
| 5 | animals; amending s. 828.121, F.S.; providing a |
| 6 | definition; providing that it is a first-degree |
| 7 | misdemeanor for a person to intentionally drag or fell by |
| 8 | the tail a bovine animal in an organized sports |
| 9 | exhibition; providing clarification regarding techniques |
| 10 | or practices that are not prohibited; reenacting s. |
| 11 | 828.122(9)(d), F.S., relating to fighting or baiting |
| 12 | animals, to incorporate the amendment to s. 828.121, F.S., |
| 13 | in a reference thereto; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Subsections (1) and (2) of section 828.12, |
| 18 | Florida Statutes, are amended to read: |
| 19 | 828.12 Cruelty to animals.-- |
| 20 | (1) A person who unnecessarily overloads, overdrives, |
| 21 | torments, deprives of necessary sustenance or shelter, or |
| 22 | unnecessarily mutilates, or kills any animal, or causes the same |
| 23 | to be done, or carries in or upon any vehicle, or otherwise, any |
| 24 | animal in a cruel or inhumane manner, commits is guilty of a |
| 25 | misdemeanor of the first degree, punishable as provided in s. |
| 26 | 775.082 or by a fine of not more than $5,000, or both. |
| 27 | (2) A person who intentionally commits an act to any |
| 28 | animal which results in the cruel death, or excessive or |
| 29 | repeated infliction of unnecessary pain or suffering, or causes |
| 30 | the same to be done, commits is guilty of a felony of the third |
| 31 | degree, punishable as provided in s. 775.082 or by a fine of not |
| 32 | more than $10,000, or both. |
| 33 | (a) A person convicted of a violation of this subsection, |
| 34 | where the finder of fact determines that the violation includes |
| 35 | the knowing and intentional torture or torment of an animal that |
| 36 | injures, mutilates, or kills the animal, shall be ordered to pay |
| 37 | a minimum mandatory fine of $5,000, shall be sentenced to a |
| 38 | minimum mandatory term of incarceration of 6 months, $2,500 and |
| 39 | shall undergo psychological counseling or complete an anger |
| 40 | management treatment program. |
| 41 | (b) Any person convicted of a second or subsequent |
| 42 | violation of this subsection shall be required to pay a minimum |
| 43 | mandatory fine of $5,000 and shall be sentenced to a minimum |
| 44 | mandatory term of incarceration of 10 months and serve a minimum |
| 45 | mandatory period of incarceration of 6 months. In addition, the |
| 46 | person shall be released only upon expiration of sentence, shall |
| 47 | not be eligible for parole, control release, or any form of |
| 48 | early release, and must serve 100 percent of the court-imposed |
| 49 | sentence. Any plea of nolo contendere shall be considered a |
| 50 | conviction for purposes of this subsection. |
| 51 | Section 2. Section 828.121, Florida Statutes, is amended |
| 52 | to read: |
| 53 | 828.121 Conduct of simulated bullfighting exhibitions; |
| 54 | bulltailing.-- |
| 55 | (1) As used in this section, the term "bovine animal" |
| 56 | means an animal of the subfamily bovine and includes, but is not |
| 57 | limited to, a steer, calf, bull, ox, heifer, or cow. |
| 58 | (2) A It shall be unlawful, and punishable as a |
| 59 | misdemeanor, for any person may not to conduct or engage in a |
| 60 | simulated or bloodless bullfighting exhibition. |
| 61 | (3) A person may not intentionally drag or fell by the |
| 62 | tail a bovine animal in an organized sports exhibition. |
| 63 | (4)(a) A person who violates subsection (2) commits a |
| 64 | misdemeanor of the second degree, punishable as provided in s. |
| 65 | 775.082 or s. 775.083. |
| 66 | (b) A person who violates subsection (3) commits a |
| 67 | misdemeanor of the first degree, punishable as provided in s. |
| 68 | 775.082 or s. 775.083. |
| 69 | (5) This section does not prohibit or otherwise restrict |
| 70 | recognized rodeo or animal husbandry and training techniques or |
| 71 | practices that are not otherwise prohibited by general law. |
| 72 | Section 3. For the purpose of incorporating the amendment |
| 73 | to section 828.121, Florida Statutes, in a reference thereto, |
| 74 | paragraph (d) of subsection (9) of section 828.122, Florida |
| 75 | Statutes, is reenacted to read: |
| 76 | 828.122 Fighting or baiting animals; offenses; |
| 77 | penalties.-- |
| 78 | (9) This section shall not apply to: |
| 79 | (d) Any person violating s. 828.121. |
| 80 | Section 4. This act shall take effect July 1, 2005. |