HB 1395

A bill to be entitled
2An act relating to fighting or baiting animals; amending
3s. 828.122, F.S.; correcting a cross-reference; providing
4a rebuttable presumption that an animal has been trained
5or used for fighting if certain facts are proven;
6providing that a county or agency is not liable for the
7cost of an animal seized and awarded custody to the county
8or agency pursuant to a court order under specified
9provisions; providing an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsections (4) through (10) of section
14828.122, Florida Statutes, are renumbered as subsections (5)
15through (11), respectively, a new subsection (4) is added to
16that section, and present paragraph (f) of subsection (3) and
17subsection (7) of that section are amended, to read:
18     828.122  Fighting or baiting animals; offenses; penalties.-
19     (3)  Any person who knowingly commits any of the following
20acts commits a felony of the third degree, punishable as
21provided in s. 775.082, s. 775.083, or s. 775.084:
22     (f)  Removing or facilitating the removal of any animal
23impounded under this section from an agency where the animal is
24impounded or from a location designated by the court under
25subsection (5) (4), subsection (6) (5), or subsection (8) (7),
26without the prior authorization of the court;
28Notwithstanding any provision of this subsection to the
29contrary, possession of the animal alone does not constitute a
30violation of this section.
31     (4)  There is a rebuttable presumption that an animal has
32been trained or used for fighting if:
33     (a)  The animal exhibits fresh wounds, scarring, or other
34specific indications that the animal has been or will be used
35for fighting; or
36     (b)  A person possesses training apparatus, paraphernalia,
37or drugs known to be used to prepare animals to be fought or
38known to be used during an actual fight. Training apparatus or
39paraphernalia may include, but are not limited to, gaffs,
40slashers, or any other sharp implement designed to be attached
41in place of the natural spur of a gamecock or other fighting
42bird, the possession of sparring muffs, or a fighting pit.
43     (8)(7)  If an animal can be housed in a humane manner, the
44provisions of s. 828.073 shall apply. For the purpose of a
45hearing provided pursuant to s. 828.073(2), any animal baited,
46bred, trained, transported, sold, owned, possessed, or used for
47the purpose of animal fighting or baiting shall be considered
48mistreated. The county or agency is not liable for the cost of
49an animal seized and awarded custody to the county or agency
50pursuant to a court order under this section.
51     Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.