| 1 | A bill to be entitled |
| 2 | An act relating to fighting or baiting animals; amending |
| 3 | s. 828.122, F.S.; correcting a cross-reference; providing |
| 4 | a rebuttable presumption that an animal has been trained |
| 5 | or used for fighting if certain facts are proven; |
| 6 | providing that a county or agency is not liable for the |
| 7 | cost of an animal seized and awarded custody to the county |
| 8 | or agency pursuant to a court order under specified |
| 9 | provisions; providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsections (4) through (10) of section |
| 14 | 828.122, Florida Statutes, are renumbered as subsections (5) |
| 15 | through (11), respectively, a new subsection (4) is added to |
| 16 | that section, and present paragraph (f) of subsection (3) and |
| 17 | subsection (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 |
| 20 | acts commits a felony of the third degree, punishable as |
| 21 | provided in s. 775.082, s. 775.083, or s. 775.084: |
| 22 | (f) Removing or facilitating the removal of any animal |
| 23 | impounded under this section from an agency where the animal is |
| 24 | impounded or from a location designated by the court under |
| 25 | subsection (5) (4), subsection (6) (5), or subsection (8) (7), |
| 26 | without the prior authorization of the court; |
| 27 |
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| 28 | Notwithstanding any provision of this subsection to the |
| 29 | contrary, possession of the animal alone does not constitute a |
| 30 | violation of this section. |
| 31 | (4) There is a rebuttable presumption that an animal has |
| 32 | been trained or used for fighting if: |
| 33 | (a) The animal exhibits fresh wounds, scarring, or other |
| 34 | specific indications that the animal has been or will be used |
| 35 | for fighting; or |
| 36 | (b) A person possesses training apparatus, paraphernalia, |
| 37 | or drugs known to be used to prepare animals to be fought or |
| 38 | known to be used during an actual fight. Training apparatus or |
| 39 | paraphernalia may include, but are not limited to, gaffs, |
| 40 | slashers, or any other sharp implement designed to be attached |
| 41 | in place of the natural spur of a gamecock or other fighting |
| 42 | bird, the possession of sparring muffs, or a fighting pit. |
| 43 | (8)(7) If an animal can be housed in a humane manner, the |
| 44 | provisions of s. 828.073 shall apply. For the purpose of a |
| 45 | hearing provided pursuant to s. 828.073(2), any animal baited, |
| 46 | bred, trained, transported, sold, owned, possessed, or used for |
| 47 | the purpose of animal fighting or baiting shall be considered |
| 48 | mistreated. The county or agency is not liable for the cost of |
| 49 | an animal seized and awarded custody to the county or agency |
| 50 | pursuant to a court order under this section. |
| 51 | Section 2. This act shall take effect October 1, 2011. |