Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1576
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2018           .                                

       The Committee on Agriculture (Steube) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 79 and 80
    4  insert:
    5         Section 2. The amendment to s. 828.12, Florida Statutes, by
    6  this act may be cited as “Ponce’s law.”
    7         Section 3. Section 828.12, Florida Statutes, is amended to
    8  read:
    9         828.12 Cruelty to animals.—
   10         (1) A person who unnecessarily overloads, overdrives,
   11  torments, deprives of necessary sustenance or shelter, or
   12  unnecessarily mutilates, or kills any animal, or causes the same
   13  to be done, or carries in or upon any vehicle, or otherwise, any
   14  animal in a cruel or inhumane manner, commits animal cruelty, a
   15  misdemeanor of the first degree, punishable as provided in s.
   16  775.082 or by a fine of not more than $5,000, or both.
   17         (2) A person who intentionally commits an act to any
   18  animal, or a person who owns or has the custody or control of
   19  any animal and fails to act, which results in the cruel death,
   20  or excessive or repeated infliction of unnecessary pain or
   21  suffering, or causes the same to be done, commits aggravated
   22  animal cruelty, a felony of the third degree, punishable as
   23  provided in s. 775.082 or by a fine of not more than $10,000, or
   24  both.
   25         (a) A person convicted of a violation of this subsection,
   26  where the finder of fact determines that the violation includes
   27  the knowing and intentional torture or torment of an animal that
   28  injures, mutilates, or kills the animal, shall be ordered to pay
   29  a minimum mandatory fine of $2,500 and undergo psychological
   30  counseling or complete an anger management treatment program.
   31         (b) A person convicted of a second or subsequent violation
   32  of this subsection shall be required to pay a minimum mandatory
   33  fine of $5,000 and serve a minimum mandatory period of
   34  incarceration of 6 months. In addition, the person shall be
   35  released only upon expiration of sentence, is not eligible for
   36  parole, control release, or any form of early release, and must
   37  serve 100 percent of the court-imposed sentence. Any plea of
   38  nolo contendere shall be considered a conviction for purposes of
   39  this subsection.
   40         (3) A person who commits multiple acts of animal cruelty or
   41  aggravated animal cruelty against an animal may be charged with
   42  a separate offense for each such act. A person who commits
   43  animal cruelty or aggravated animal cruelty against more than
   44  one animal may be charged with a separate offense for each
   45  animal such cruelty was committed upon.
   46         (4) A veterinarian licensed to practice in the state shall
   47  be held harmless from either criminal or civil liability for any
   48  decisions made or services rendered under the provisions of this
   49  section. Such a veterinarian is, therefore, under this
   50  subsection, immune from a lawsuit for his or her part in an
   51  investigation of cruelty to animals.
   52         (5) A person who intentionally trips, fells, ropes, or
   53  lassos the legs of a horse by any means for the purpose of
   54  entertainment or sport commits a shall be guilty of a third
   55  degree felony of the third degree, punishable as provided in s.
   56  775.082, s. 775.083, or s. 775.084. As used in this subsection,
   57  the term “trip” means any act that consists of the use of any
   58  wire, pole, stick, rope, or other apparatus to cause a horse to
   59  fall or lose its balance, and the term “horse” means any animal
   60  of any registered breed of the genus Equus, or any recognized
   61  hybrid thereof. The provisions of This subsection does shall not
   62  apply when tripping is used:
   63         (a) To control a horse that is posing an immediate threat
   64  to other livestock or human beings;
   65         (b) For the purpose of identifying ownership of the horse
   66  when its ownership is unknown; or
   67         (c) For the purpose of administering veterinary care to the
   68  horse.
   69         (6)In addition to other penalties prescribed by law, a
   70  person who is convicted of a violation of this section may be
   71  prohibited by the court from owning, possessing, keeping,
   72  harboring, or having custody or control over any animal for a
   73  period of time determined by the court.
   74         Section 4. Paragraphs (c) and (e) of subsection (3) of
   75  section 921.0022, Florida Statutes, are amended to read:
   76         921.0022 Criminal Punishment Code; offense severity ranking
   77  chart.—
   79         (c) LEVEL 3
   81  FloridaStatute    FelonyDegree           Description            
   82  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   83  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   84  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   85  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   86  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   87  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   88  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   89  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   90  327.35(2)(b)         3rd   Felony BUI.                       
   91  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   92  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   93  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   94  379.2431 (1)(e)5.    3rd   Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
   95  379.2431 (1)(e)6.    3rd   Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
   96  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   97  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
   98  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
   99  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  100  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  101  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  102  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  103  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  104  697.08               3rd   Equity skimming.                  
  105  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  106  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  107  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  108  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  109  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  110  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  111  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  112  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  113  817.233              3rd   Burning to defraud insurer.       
  114  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  115  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  116  817.236              3rd   Filing a false motor vehicle insurance application.
  117  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  118  817.413(2)           3rd   Sale of used goods as new.        
  119  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  120  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  121  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  122  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  123  843.19               3rd   Injure, disable, or kill police dog or horse.
  124  860.15(3)            3rd   Overcharging for repairs and parts.
  125  870.01(2)            3rd   Riot; inciting or encouraging.    
  126  893.13(1)(a)2.       3rd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
  127  893.13(1)(d)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
  128  893.13(1)(f)2.       2nd   Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
  129  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  130  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  131  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  132  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  133  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  134  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  135  893.13(8)(a)1.       3rd   Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
  136  893.13(8)(a)2.       3rd   Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
  137  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  138  893.13(8)(a)4.       3rd   Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
  139  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  140  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  141  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  142  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  144         (e) LEVEL 5
  146  FloridaStatute    FelonyDegree           Description            
  147  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  148  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  149  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  150  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  151  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  152  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
  153  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  154  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  155  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  156  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  157  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  158  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  159  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  160  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  161  790.01(2)            3rd   Carrying a concealed firearm.     
  162  790.162              2nd   Threat to throw or discharge destructive device.
  163  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  164  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  165  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  166  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  167  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  168  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  169  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  170  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  171  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  172  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  173  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  174  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  175  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  176  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  177  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
  178  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
  179  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  180  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  181  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  182  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  183  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  184  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  185  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
  186  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  187  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  188  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  189  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  190  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  191  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  192  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  193  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  194  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
  195  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
  196  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
  197  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  198  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  202  ================= T I T L E  A M E N D M E N T ================
  203  And the title is amended as follows:
  204         Delete lines 2 - 11
  205  and insert:
  206         An act relating to animal welfare; creating s.
  207         823.151, F.S.; providing legislative findings;
  208         requiring specified entities that take receivership of
  209         lost or stray dogs or cats to adopt written policies
  210         and procedures to ensure that every reasonable effort
  211         is made to quickly and reliably return owned animals
  212         to their owners; providing requirements for such
  213         policies and procedures; requiring that specified
  214         records be available to the public; providing a short
  215         title; amending s. 828.12, F.S.; authorizing a court
  216         to prohibit certain offenders from owning or having
  217         custody or control over animals; amending s. 921.0022,
  218         F.S.; revising the ranking of offenses on the offense
  219         severity ranking chart of the Criminal Punishment
  220         Code; providing an effective date.