| 1 | A bill to be entitled |
| 2 | An act relating to animal cruelty; amending s. 828.12, |
| 3 | F.S.; requiring a minimum fine and community service for |
| 4 | conviction of a specified animal cruelty offense; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Subsection (2) of section 828.12, Florida |
| 10 | Statutes, is amended to read: |
| 11 | 828.12 Cruelty to animals.-- |
| 12 | (2) A person who intentionally commits an act to any |
| 13 | animal that which results in the cruel death, or excessive or |
| 14 | repeated infliction of unnecessary pain or suffering, or causes |
| 15 | the same to be done, commits is guilty of a felony of the third |
| 16 | degree, punishable as provided in s. 775.082 or by a fine of not |
| 17 | more than $10,000, or both. |
| 18 | (a) A person convicted of a violation of this subsection, |
| 19 | where the finder of fact determines that the violation includes |
| 20 | the knowing and intentional torture or torment of an animal that |
| 21 | injures, mutilates, or kills the animal, shall be ordered to pay |
| 22 | a minimum mandatory fine of $2,500 and undergo psychological |
| 23 | counseling or complete an anger management treatment program. |
| 24 | (b) A person convicted of a first violation of this |
| 25 | subsection shall be required to pay a minimum mandatory fine of |
| 26 | $500, shall serve a minimum mandatory period of incarceration of |
| 27 | 30 consecutive days, and shall perform a minimum of 100 hours of |
| 28 | community service. |
| 29 | (c)(b) A Any person convicted of a second or subsequent |
| 30 | violation of this subsection shall be required to pay a minimum |
| 31 | mandatory fine of $5,000 and serve a minimum mandatory period of |
| 32 | incarceration of 6 months. In addition, the person shall be |
| 33 | released only upon expiration of sentence, shall not be eligible |
| 34 | for parole, control release, or any form of early release, and |
| 35 | must serve 100 percent of the court-imposed sentence. |
| 36 |
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| 37 | Any plea of nolo contendere shall be considered a conviction for |
| 38 | purposes of this subsection. |
| 39 | Section 2. This act shall take effect October 1, 2007. |