Florida Senate - 2018                                     SB 952
       By Senator Steube
       23-01107-18                                            2018952__
    1                        A bill to be entitled                      
    2         An act relating to cruelty to animals; providing a
    3         short title; amending s. 828.12, F.S.; authorizing a
    4         court to prohibit certain offenders from owning or
    5         having contact with animals; amending s. 921.0022,
    6         F.S.; revising the ranking of offenses on the offense
    7         severity ranking chart of the Criminal Punishment
    8         Code; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. This act may be cited as “Ponce’s Law.”
   13         Section 2. Section 828.12, Florida Statutes, is amended to
   14  read:
   15         828.12 Cruelty to animals.—
   16         (1) A person who unnecessarily overloads, overdrives,
   17  torments, deprives of necessary sustenance or shelter, or
   18  unnecessarily mutilates, or kills any animal, or causes the same
   19  to be done, or carries in or upon any vehicle, or otherwise, any
   20  animal in a cruel or inhumane manner, commits animal cruelty, a
   21  misdemeanor of the first degree, punishable as provided in s.
   22  775.082 or by a fine of not more than $5,000, or both.
   23         (2) A person who intentionally commits an act to any
   24  animal, or a person who owns or has the custody or control of
   25  any animal and fails to act, which results in the cruel death,
   26  or excessive or repeated infliction of unnecessary pain or
   27  suffering, or causes the same to be done, commits aggravated
   28  animal cruelty, a felony of the third degree, punishable as
   29  provided in s. 775.082 or by a fine of not more than $10,000, or
   30  both.
   31         (a) A person convicted of a violation of this subsection,
   32  where the finder of fact determines that the violation includes
   33  the knowing and intentional torture or torment of an animal that
   34  injures, mutilates, or kills the animal, shall be ordered to pay
   35  a minimum mandatory fine of $2,500 and undergo psychological
   36  counseling or complete an anger management treatment program.
   37         (b) A person convicted of a second or subsequent violation
   38  of this subsection shall be required to pay a minimum mandatory
   39  fine of $5,000 and serve a minimum mandatory period of
   40  incarceration of 6 months. In addition, the person shall be
   41  released only upon expiration of sentence, is not eligible for
   42  parole, control release, or any form of early release, and must
   43  serve 100 percent of the court-imposed sentence. Any plea of
   44  nolo contendere shall be considered a conviction for purposes of
   45  this subsection.
   46         (3) A person who commits multiple acts of animal cruelty or
   47  aggravated animal cruelty against an animal may be charged with
   48  a separate offense for each such act. A person who commits
   49  animal cruelty or aggravated animal cruelty against more than
   50  one animal may be charged with a separate offense for each
   51  animal such cruelty was committed upon.
   52         (4) A veterinarian licensed to practice in the state shall
   53  be held harmless from either criminal or civil liability for any
   54  decisions made or services rendered under the provisions of this
   55  section. Such a veterinarian is, therefore, under this
   56  subsection, immune from a lawsuit for his or her part in an
   57  investigation of cruelty to animals.
   58         (5) A person who intentionally trips, fells, ropes, or
   59  lassos the legs of a horse by any means for the purpose of
   60  entertainment or sport commits a shall be guilty of a third
   61  degree felony of the third degree, punishable as provided in s.
   62  775.082, s. 775.083, or s. 775.084. As used in this subsection,
   63  the term “trip” means any act that consists of the use of any
   64  wire, pole, stick, rope, or other apparatus to cause a horse to
   65  fall or lose its balance, and the term “horse” means any animal
   66  of any registered breed of the genus Equus, or any recognized
   67  hybrid thereof. The provisions of This subsection does shall not
   68  apply when tripping is used:
   69         (a) To control a horse that is posing an immediate threat
   70  to other livestock or human beings;
   71         (b) For the purpose of identifying ownership of the horse
   72  when its ownership is unknown; or
   73         (c) For the purpose of administering veterinary care to the
   74  horse.
   75         (6)In addition to other penalties prescribed by law, a
   76  person who is convicted of a violation of this section may be
   77  prohibited by the court from owning, possessing, keeping,
   78  harboring, having contact with, or having custody of or control
   79  over any animal for a period of time determined by the court.
   80         Section 3. Paragraphs (c) and (e) of subsection (3) of
   81  section 921.0022, Florida Statutes, are amended to read:
   82         921.0022 Criminal Punishment Code; offense severity ranking
   83  chart.—
   85         (c) LEVEL 3
   88  FloridaStatute    FelonyDegree           Description            
   89  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
   90  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
   91  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
   92  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   93  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
   94  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
   95  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
   96  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   97  327.35(2)(b)         3rd   Felony BUI.                       
   98  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   99  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
  100  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
  101  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.
  102  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.
  103  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
  104  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
  105  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
  106  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
  107  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
  108  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
  109  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
  110  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
  111  697.08               3rd   Equity skimming.                  
  112  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
  113  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  114  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
  115  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  116  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
  117  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
  118  815.04(5)(b)         2nd   Computer offense devised to defraud or obtain property.
  119  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  120  817.233              3rd   Burning to defraud insurer.       
  121  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
  122  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
  123  817.236              3rd   Filing a false motor vehicle insurance application.
  124  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  125  817.413(2)           3rd   Sale of used goods as new.        
  126  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  127  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  128  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
  129  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
  130  843.19               3rd   Injure, disable, or kill police dog or horse.
  131  860.15(3)            3rd   Overcharging for repairs and parts.
  132  870.01(2)            3rd   Riot; inciting or encouraging.    
  133  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).
  134  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.
  135  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.
  136  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
  137  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
  138  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  139  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  140  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
  141  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
  142  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.
  143  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.
  144  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
  145  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.
  146  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
  147  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
  148  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
  149  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
  150         (e) LEVEL 5
  153  FloridaStatute    FelonyDegree           Description            
  154  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
  155  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
  156  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
  157  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
  158  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
  159  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.
  160  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
  161  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
  162  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
  163  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
  164  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
  165  440.381(2)           2nd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
  166  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
  167  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
  168  790.01(2)            3rd   Carrying a concealed firearm.     
  169  790.162              2nd   Threat to throw or discharge destructive device.
  170  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
  171  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
  172  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
  173  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
  174  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
  175  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
  176  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
  177  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
  178  812.015(8)           3rd   Retail theft; property stolen is valued at $300 or more and one or more specified acts.
  179  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
  180  812.131(2)(b)        3rd   Robbery by sudden snatching.      
  181  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
  182  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
  183  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
  184  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.
  185  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.
  186  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
  187  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
  188  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
  189  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
  190  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
  191  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
  192  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.
  193  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
  194  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
  195  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
  196  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
  197  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
  198  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
  199  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).
  200  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.
  201  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.
  202  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.
  203  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.
  204  893.13(4)(b)         2nd   Use or hire of minor; deliver to minor other controlled substance.
  205  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
  206         Section 4. This act shall take effect July 1, 2018.