Florida Senate - 2019                               CS for SB 96
       
       
        
       By the Committee on Criminal Justice; and Senators Bean, Hutson,
       Book, and Wright
       
       
       
       
       591-02307A-19                                           201996c1
    1                        A bill to be entitled                      
    2         An act relating to police, fire, and search and rescue
    3         dogs and police horses; amending s. 843.19, F.S.;
    4         revising the defined terms “police dog” to “police
    5         canine,” “fire dog” to “fire canine,” and “SAR dog” to
    6         “SAR canine”; increasing the penalty for intentionally
    7         and knowingly causing great bodily harm, permanent
    8         disability, or death to, or using a deadly weapon
    9         upon, police canines or horses, fire canines, or SAR
   10         canines; amending s. 767.16, F.S.; revising the term
   11         “dog” to “canine” to conform to changes made by the
   12         act; amending s. 921.0022, F.S.; conforming a
   13         provision to changes made by the act; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 843.19, Florida Statutes, is amended to
   19  read:
   20         843.19 Offenses against police canines dogs, fire canines
   21  dogs, SAR canines dogs, or police horses.—
   22         (1) As used in this section, the term:
   23         (a) “Police canine dog” means any canine dog, and “police
   24  horse” means any horse, that is owned, or the service of which
   25  is employed, by a law enforcement agency for the principal
   26  purpose of aiding in the detection of criminal activity,
   27  enforcement of laws, or apprehension of offenders.
   28         (b) “Fire canine dog” means any canine dog that is owned,
   29  or the service of which is employed, by a fire department, a
   30  special fire district, or the State Fire Marshal for the
   31  principal purpose of aiding in the detection of flammable
   32  materials or the investigation of fires.
   33         (c) “SAR canine dog” means any search and rescue canine dog
   34  that is owned, or the service of which is employed utilized, by
   35  a fire department, a law enforcement agency, a special fire
   36  district, or the State Fire Marshal for the principal purpose of
   37  aiding in the detection of missing persons, including, but not
   38  limited to, persons who are lost, who are trapped under debris
   39  as the result of a natural, manmade, or technological disaster,
   40  or who are drowning victims.
   41         (2) Any person who intentionally and knowingly, without
   42  lawful cause or justification, causes great bodily harm,
   43  permanent disability, or death to, or uses a deadly weapon upon,
   44  a police canine dog, fire canine dog, SAR canine dog, or police
   45  horse commits a felony of the second third degree, punishable as
   46  provided in s. 775.082, s. 775.083, or s. 775.084.
   47         (3) Any person who actually and intentionally maliciously
   48  touches, strikes, or causes bodily harm to a police canine dog,
   49  fire canine dog, SAR canine dog, or police horse commits a
   50  misdemeanor of the first degree, punishable as provided in s.
   51  775.082 or s. 775.083.
   52         (4) Any person who intentionally or knowingly maliciously
   53  harasses, teases, interferes with, or attempts to interfere with
   54  a police canine dog, fire canine dog, SAR canine dog, or police
   55  horse while the animal is in the performance of its duties
   56  commits a misdemeanor of the second degree, punishable as
   57  provided in s. 775.082 or s. 775.083.
   58         (5) A person convicted of an offense under this section
   59  shall make restitution for injuries caused to the police canine
   60  dog, fire canine dog, SAR canine dog, or police horse and shall
   61  pay the replacement cost of the animal if, as a result of the
   62  offense, the animal can no longer perform its duties.
   63         Section 2. Subsection (1) of section 767.16, Florida
   64  Statutes, is amended to read:
   65         767.16 Police canine or service dog; exemption.—
   66         (1) Any canine dog that is owned, or the service of which
   67  is employed, by a law enforcement agency, is exempt from this
   68  part.
   69         Section 3. Paragraph (c) of subsection (3) of section
   70  921.0022, Florida Statutes, is amended to read:
   71         921.0022 Criminal Punishment Code; offense severity ranking
   72  chart.—
   73         (3) OFFENSE SEVERITY RANKING CHART
   74         (c) LEVEL 3
   75  
   76  FloridaStatute           FelonyDegree         Description          
   77  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
   78  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
   79  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
   80  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
   81  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
   82  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
   83  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
   84  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
   85  327.35(2)(b)                 3rd     Felony BUI.                   
   86  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
   87  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
   88  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
   89  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.
   90  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.
   91  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
   92  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
   93  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
   94  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
   95  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
   96  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
   97  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
   98  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
   99  697.08                       3rd     Equity skimming.              
  100  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
  101  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
  102  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
  103  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
  104  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
  105  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
  106  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
  107  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
  108  817.233                      3rd     Burning to defraud insurer.   
  109  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
  110  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
  111  817.236                      3rd     Filing a false motor vehicle insurance application.
  112  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
  113  817.413(2)                   3rd     Sale of used goods as new.    
  114  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
  115  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
  116  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
  117  843.19                     2nd 3rd   Injure, disable, or kill police, fire, or SAR canine dog or police horse.
  118  860.15(3)                    3rd     Overcharging for repairs and parts.
  119  870.01(2)                    3rd     Riot; inciting or encouraging.
  120  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
  121  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
  122  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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
  123  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
  124  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
  125  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
  126  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
  127  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
  128  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
  129  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.
  130  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.
  131  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
  132  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.
  133  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
  134  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
  135  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
  136  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
  137         Section 4. This act shall take effect October 1, 2019.