Florida Senate - 2018                             CS for SB 1576
       By the Committee on Agriculture; and Senators Steube and Perry
       575-02744-18                                          20181576c1
    1                        A bill to be entitled                      
    2         An act relating to animal welfare; creating s.
    3         823.151, F.S.; providing legislative findings;
    4         requiring specified entities that take receivership of
    5         lost or stray dogs or cats to adopt written policies
    6         and procedures to ensure that every reasonable effort
    7         is made to quickly and reliably return owned animals
    8         to their owners; providing requirements for such
    9         policies and procedures; requiring that specified
   10         records be available to the public; amending s.
   11         828.12, F.S.; authorizing a court to prohibit certain
   12         offenders from owning or having custody or control
   13         over animals; amending s. 921.0022, F.S.; revising the
   14         ranking of offenses on the offense severity ranking
   15         chart of the Criminal Punishment Code; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 823.151, Florida Statutes, is created to
   21  read:
   22         823.151Lost or stray dogs and cats.—
   23         (1)The Legislature finds that natural disasters, such as
   24  hurricanes, may result in an increase in owned dogs and cats
   25  becoming lost or stray. The Legislature further finds that dog
   26  and cat owners statewide should be afforded the opportunity to
   27  quickly and reliably claim their lost pets. It is therefore
   28  declared to be the public policy of the state that animal
   29  control agencies and humane organizations shall adopt policies
   30  and procedures to help return lost cats or dogs to identified
   31  owners.
   32         (2)(a)A public or private animal shelter, humane
   33  organization, or animal control agency operated by a humane
   34  organization or by a county, municipality, or other incorporated
   35  political subdivision that takes receivership of any lost or
   36  stray dogs or cats shall adopt written policies and procedures
   37  to ensure that every reasonable effort is made to quickly and
   38  reliably return owned animals to their owners. Such policies and
   39  procedures shall include:
   40         1.Upon intake, screening of lost or stray dogs and cats
   41  for identification, including tags, licenses, implanted
   42  microchips, and tattoos.
   43         2.A process for matching received lost or stray dogs and
   44  cats with any reports of lost pets received by the shelter from
   45  owners.
   46         3.Public notice of lost or stray dogs and cats received,
   47  provided at the shelter or on the Internet, as appropriate,
   48  within 48 hours of the animal’s admission.
   49         4.Reasonable efforts to notify identified owners of lost
   50  or stray dogs and cats within 48 hours of identification. Such
   51  reasonable efforts may include, but are not limited to, attempts
   52  to contact identified owners by telephone, by electronic mail,
   53  by United States mail, or by personal service at the owner’s
   54  last known phone number and address.
   55         5.Notice to the public of the shelter’s location, hours,
   56  fees, and the return-to-owner process posted on the Internet,
   57  with the shelter’s business hours posted outside the shelter
   58  facility and recorded on the shelter’s telephone answering
   59  system message.
   60         6.Access for owners to retrieve dogs and cats at least 1
   61  weekend day per week and after 5:00 p.m. 1 weekday per week,
   62  provided that complying with the requirements of this
   63  subparagraph does not require an increase in total operating
   64  hours.
   65         7.Direct return-to-owner protocols that allow animal
   66  control officers in the field to directly return lost or stray
   67  dogs and cats to their owners when the owners have been
   68  identified.
   69         8.Procedural safeguards to minimize the euthanasia of
   70  owned dogs and cats. Such safeguards shall include, but are not
   71  limited to, record verification to ensure that each animal to be
   72  euthanized is the correct animal designated for the procedure
   73  and proper scanning for an implanted microchip using a universal
   74  scanner immediately prior to the procedure.
   75         9.Temporary extension of local minimum stray hold periods
   76  after a disaster is declared by the President of the United
   77  States or a state of emergency is declared by the Governor, if
   78  deemed necessary by a local government in the area of the
   79  declaration.
   80         (b)Records related to this section and maintained by a
   81  public or private animal shelter, humane organization, or animal
   82  control agency operated by a humane society or by a county,
   83  municipality, or other incorporated political subdivision must
   84  be made available to the public pursuant to chapter 119.
   85         Section 2. Section 828.12, Florida Statutes, is amended to
   86  read:
   87         828.12 Cruelty to animals.—
   88         (1) A person who unnecessarily overloads, overdrives,
   89  torments, deprives of necessary sustenance or shelter, or
   90  unnecessarily mutilates, or kills any animal, or causes the same
   91  to be done, or carries in or upon any vehicle, or otherwise, any
   92  animal in a cruel or inhumane manner, commits animal cruelty, a
   93  misdemeanor of the first degree, punishable as provided in s.
   94  775.082 or by a fine of not more than $5,000, or both.
   95         (2) A person who intentionally commits an act to any
   96  animal, or a person who owns or has the custody or control of
   97  any animal and fails to act, which results in the cruel death,
   98  or excessive or repeated infliction of unnecessary pain or
   99  suffering, or causes the same to be done, commits aggravated
  100  animal cruelty, a felony of the third degree, punishable as
  101  provided in s. 775.082 or by a fine of not more than $10,000, or
  102  both.
  103         (a) A person convicted of a violation of this subsection,
  104  where the finder of fact determines that the violation includes
  105  the knowing and intentional torture or torment of an animal that
  106  injures, mutilates, or kills the animal, shall be ordered to pay
  107  a minimum mandatory fine of $2,500 and undergo psychological
  108  counseling or complete an anger management treatment program.
  109         (b) A person convicted of a second or subsequent violation
  110  of this subsection shall be required to pay a minimum mandatory
  111  fine of $5,000 and serve a minimum mandatory period of
  112  incarceration of 6 months. In addition, the person shall be
  113  released only upon expiration of sentence, is not eligible for
  114  parole, control release, or any form of early release, and must
  115  serve 100 percent of the court-imposed sentence. Any plea of
  116  nolo contendere shall be considered a conviction for purposes of
  117  this subsection.
  118         (3) A person who commits multiple acts of animal cruelty or
  119  aggravated animal cruelty against an animal may be charged with
  120  a separate offense for each such act. A person who commits
  121  animal cruelty or aggravated animal cruelty against more than
  122  one animal may be charged with a separate offense for each
  123  animal such cruelty was committed upon.
  124         (4) A veterinarian licensed to practice in the state shall
  125  be held harmless from either criminal or civil liability for any
  126  decisions made or services rendered under the provisions of this
  127  section. Such a veterinarian is, therefore, under this
  128  subsection, immune from a lawsuit for his or her part in an
  129  investigation of cruelty to animals.
  130         (5) A person who intentionally trips, fells, ropes, or
  131  lassos the legs of a horse by any means for the purpose of
  132  entertainment or sport commits a shall be guilty of a third
  133  degree felony of the third degree, punishable as provided in s.
  134  775.082, s. 775.083, or s. 775.084. As used in this subsection,
  135  the term “trip” means any act that consists of the use of any
  136  wire, pole, stick, rope, or other apparatus to cause a horse to
  137  fall or lose its balance, and the term “horse” means any animal
  138  of any registered breed of the genus Equus, or any recognized
  139  hybrid thereof. The provisions of This subsection does shall not
  140  apply when tripping is used:
  141         (a) To control a horse that is posing an immediate threat
  142  to other livestock or human beings;
  143         (b) For the purpose of identifying ownership of the horse
  144  when its ownership is unknown; or
  145         (c) For the purpose of administering veterinary care to the
  146  horse.
  147         (6)In addition to other penalties prescribed by law, a
  148  person who is convicted of a violation of this section may be
  149  prohibited by the court from owning, possessing, keeping,
  150  harboring, or having custody or control over any animal for a
  151  period of time determined by the court.
  152         Section 3. Paragraphs (c) and (e) of subsection (3) of
  153  section 921.0022, Florida Statutes, are amended to read:
  154         921.0022 Criminal Punishment Code; offense severity ranking
  155  chart.—
  157         (c) LEVEL 3
  159  FloridaStatute    FelonyDegree           Description            
  160  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
  161  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
  162  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
  163  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
  164  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
  165  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
  166  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
  167  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
  168  327.35(2)(b)         3rd   Felony BUI.                       
  169  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
  170  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  171  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  172  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.
  173  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.
  174  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  175  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  176  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  177  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  178  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  179  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  180  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  181  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  182  697.08               3rd   Equity skimming.                  
  183  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  184  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  185  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  186  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  187  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  188  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  189  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  190  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  191  817.233              3rd   Burning to defraud insurer.       
  192  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  193  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  194  817.236              3rd   Filing a false motor vehicle insurance application.
  195  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  196  817.413(2)           3rd   Sale of used goods as new.        
  197  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  198  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  199  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  200  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  201  843.19               3rd   Injure, disable, or kill police dog or horse.
  202  860.15(3)            3rd   Overcharging for repairs and parts.
  203  870.01(2)            3rd   Riot; inciting or encouraging.    
  204  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).
  205  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.
  206  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.
  207  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  208  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  209  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  210  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  211  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  212  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  213  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.
  214  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.
  215  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  216  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.
  217  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  218  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  219  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  220  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  222         (e) LEVEL 5
  224  FloridaStatute    FelonyDegree           Description            
  225  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  226  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  227  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  228  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  229  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  230  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.
  231  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  232  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  233  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  234  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  235  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  236  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  237  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  238  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  239  790.01(2)            3rd   Carrying a concealed firearm.     
  240  790.162              2nd   Threat to throw or discharge destructive device.
  241  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  242  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  243  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  244  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  245  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  246  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  247  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  248  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  249  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  250  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  251  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  252  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  253  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  254  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  255  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.
  256  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.
  257  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  258  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  259  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  260  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  261  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  262  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  263  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.
  264  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  265  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  266  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  267  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  268  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  269  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  270  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).
  271  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.
  272  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.
  273  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.
  274  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.
  275  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  276  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  277         Section 4. This act shall take effect July 1, 2018.