Florida Senate - 2022                                    SB 1806
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01369-22                                           20221806__
    1                        A bill to be entitled                      
    2         An act relating to animal abusers; creating s.
    3         943.0425, F.S.; defining terms; requiring the
    4         Department of Law Enforcement to post on its website
    5         by a specified date a publicly accessible animal
    6         abuser registry of persons convicted of animal abuse
    7         offenses; prohibiting the registry from including
    8         certain information; requiring the clerk of the court
    9         in each county to forward certain notice of a
   10         conviction for an animal abuse offense to the
   11         department within a specified timeframe; providing
   12         requirements for the registry; providing requirements
   13         for registered abusers; prohibiting specified acts by
   14         registered abusers; providing exceptions providing
   15         applicability; prohibiting certain persons and
   16         entities from selling, exchanging, or otherwise
   17         transferring the ownership of an animal to a
   18         registered abuser; providing exceptions; requiring the
   19         maintenance of specified records; requiring the
   20         department to provide certain annual notice to
   21         specified entities; providing penalties for specified
   22         violations; providing construction; amending ss.
   23         828.12 and 828.126, F.S.; authorizing courts, as a
   24         condition of probation, to prohibit persons convicted
   25         of certain animal cruelty or sexual activity with an
   26         animal violations from having certain responsibilities
   27         for or associations with an animal; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 943.0425, Florida Statutes, is created
   33  to read:
   34         943.0425Animal abuser registration.—
   35         (1)As used in this section, the term:
   36         (a)“Abuser” or “animal abuser” means an adult as defined
   37  in s. 985.03 who has been convicted in this state of committing
   38  an animal abuse offense.
   39         (b)“Animal” means a dog of the species Canis familiaris, a
   40  cat of the species Felis catus, a pet normally maintained in or
   41  near the household of its owner, a domesticated animal,
   42  previously captured wildlife, an exotic animal, or any other pet
   43  including, but not limited to, a rabbit, chick, duck, or
   44  potbellied pig.
   45         (c)“Animal abuse offense” means a violation of:
   46         1.Section 828.12, relating to cruelty to animals.
   47         2.Section 828.122, relating to fighting or baiting
   48  animals.
   49         3.Section 828.123, relating to killing a dog or cat with
   50  the intent to sell or give away its pelt.
   51         4.Section 828.125, relating to killing or aggravated abuse
   52  of horses or cattle.
   53         5.Section 828.126, relating to sexual activities involving
   54  animals.
   55         6.Section 828.13, relating to confinement of animals
   56  without sufficient food, water, or exercise or abandonment of an
   57  animal.
   58         (d)“Companion animal” means a domesticated or tamed animal
   59  intended to provide companionship, to be used for personal use
   60  or enjoyment, or to be raised for nonagricultural purposes. The
   61  term does not include a service animal or any other animal or
   62  wildlife under the exclusive jurisdiction of the state.
   63         (e)“Conviction” has the same meaning as in s. 775.21(2).
   64         (f)“Farm animal” means a horse or an animal used in the
   65  production of human or animal food, feed, or fiber regardless of
   66  whether the horse or animal is actually being used or raised for
   67  such purposes.
   68         (g)“Pet dealer” means:
   69         1.A pet dealer as defined in s. 828.29(13); or
   70         2.An animal shelter, humane organization, or animal
   71  control agency operated by a humane organization that receives
   72  funds from the state or from a political subdivision of the
   73  state and that, in the ordinary course of business, engages in
   74  the sale or adoption of animals.
   75         (h)“Registered breed association” means an association
   76  formed and perpetuated for the maintenance of records of
   77  purebreeding of a specific breed of animals whose
   78  characteristics are set forth in constitutions, bylaws, or other
   79  rules of the association.
   80         (i)“Service animal” means a dog or miniature horse that
   81  has been individually trained to do work or perform tasks for a
   82  person with a disability as defined in the Americans with
   83  Disabilities Act, 42 U.S.C. s. 12102.
   84         (2)(a)Beginning on January 1, 2023, the department shall
   85  post a publicly accessible animal abuser registry on its website
   86  that includes each person convicted of an animal abuse offense
   87  on or after that date.
   88         (b)1.The registry must include all of the information
   89  specified in subsection (3).
   90         2.The registry may not include the abuser’s social
   91  security number, driver license number, or any other state or
   92  federal identification number.
   93         (c)The clerk of the court in each county shall forward a
   94  copy of the judgment and date of birth of each abuser to the
   95  department within 30 calendar days after the date of conviction
   96  of the abuser.
   97         (d)The registry shall include the required information
   98  about each abuser from the date of his or her release from
   99  incarceration or, if he or she is not incarcerated, from the
  100  date of his or her conviction:
  101         1.For a period of 3 years for a first conviction of a
  102  misdemeanor animal abuse offense.
  103         2.For a period of 5 years for a first conviction of a
  104  felony animal abuse offense.
  105         3.For a period of 10 years for a second or subsequent
  106  conviction of a misdemeanor or felony animal abuse offense.
  107         (e)Upon notification to the department that the criminal
  108  records of an abuser have been expunged or of a successful
  109  appeal of a conviction of an animal abuse offense by a
  110  registered abuser, the department shall remove the registered
  111  abuser’s information from the registry within 10 business days
  112  after such notification.
  113         (3)(a)An abuser shall register with the department by
  114  personally appearing at the sheriff’s office in the county in
  115  which he or she resides to provide the following information:
  116         1.Full legal name and any aliases he or she may be known
  117  by.
  118         2.Current or anticipated residence address.
  119         3.Date of birth.
  120         4.A photograph of the front of his or her head and
  121  shoulders.
  122         5.A copy of his or her judgment to confirm the animal
  123  abuse offense, the date of his or her conviction, and the
  124  sentence imposed upon him or her.
  125         (b)Every registered abuser shall personally appear at the
  126  sheriff’s office in the county in which he or she resides to
  127  update his or her registry information within 10 business days
  128  after any change in his or her residence address or name.
  129         (c)A registered abuser shall personally appear at the
  130  sheriff’s office in the county in which he or she resides to
  131  renew his or her registration information annually on the
  132  anniversary date of his or her initial registration or, if his
  133  or her anniversary date falls on a Saturday, Sunday, or legal
  134  holiday, on the first business day following his or her
  135  anniversary date. At such time, the registered abuser’s
  136  photograph and information shall be reviewed to verify accuracy.
  137         (4)(a)A registered abuser may not own, possess, or reside
  138  in the same residence with or on the same property as an animal
  139  unless otherwise provided in a court order.
  140         (b)A registered abuser may not work with a companion
  141  animal, with or without compensation, unless otherwise provided
  142  in a court order.
  143         (c)A registered abuser who has been determined by a court
  144  to be unfit to have custody of an animal pursuant to s. 828.073
  145  shall also be bound by the determinations of the court if that
  146  determination was made pursuant to the same underlying facts
  147  resulting in the conviction that requires the abuser to register
  148  with the department.
  149         (d)The state may, at any time it deems necessary, enforce
  150  or, notwithstanding any other court order, obtain a court order
  151  enjoining a registered abuser from owning, possessing, or
  152  residing in the same residence with or on the same property as
  153  an animal or working with a companion animal, with or without
  154  compensation.
  155         (e)This subsection does not apply to farm animals or
  156  service animals unless there is an enjoinment order or an animal
  157  abuse offense pertaining directly to farm animals or service
  158  animals.
  159         (5)(a)A pet dealer, person, or entity located in the state
  160  may not knowingly sell, exchange, or otherwise transfer the
  161  ownership of an animal to a registered abuser.
  162         (b)Before the sale, exchange, or other transfer of the
  163  ownership of an animal, the pet dealer, person, or entity shall
  164  take whatever steps necessary to ensure that the animal is not
  165  being sold, exchanged, or otherwise transferred to a registered
  166  abuser.
  167         (c)Such steps shall include, but are not limited to,
  168  posting, when possible, current signage displaying registered
  169  abusers in well-trafficked, highly visible areas for public
  170  viewing and in employee stock or break areas, notifying law
  171  enforcement upon the recognition of a registered abuser who
  172  obtained an animal in violation of this section, and requiring a
  173  person to sign an affidavit attesting that he or she is not a
  174  registered abuser before obtaining an animal.
  175         (d)The pet dealer, person, or entity shall be required to
  176  maintain the required affidavits and other adequate records and
  177  supporting documentation for 3 years or in accordance with the
  178  required retention time set forth by business standards and
  179  practices governing the particular commercial establishment and
  180  record, whichever is greater, to ensure compliance with this
  181  section. The state and its authorized agents may examine all
  182  such records and documentation relating to compliance with this
  183  section, and the pet dealer, person, or entity may be required
  184  to cooperate and permit the county to examine all such records
  185  and documentation relating to compliance with this section.
  186         (e)It is not a violation of this section if the pet
  187  dealer, person, or entity checked the registry on the
  188  department’s website and the abuser’s name was not included in
  189  the registry.
  190         (f)This subsection does not apply to farm animals or
  191  service animals.
  192         (6)Beginning in 2024, the department shall annually notify
  193  the leading registered breed associations for animals covered by
  194  this section that an animal abuser registry exists and encourage
  195  the associations to urge their members not to sell, exchange, or
  196  otherwise transfer the ownership of an animal to a registered
  197  abuser. The notice may be in electronic form.
  198         (7)The department shall annually notify all pet dealers as
  199  provided in subsection (8). The notice may be in electronic
  200  form.
  201         (8)The annual notification specified in subsection (7)
  202  shall notify all pet dealers:
  203         (a)That an animal abuser registry exists that is
  204  maintained by the department.
  205         (b)Of new registered abusers.
  206         (9)(a)An abuser who is required to initially register with
  207  the department, update changes in his or her residence address
  208  or name with the registry, annually renew his or her registry
  209  information, comply with the prohibition on contact with certain
  210  animals, or comply with any court-issued enjoinment order under
  211  this section and who fails to do so commits a misdemeanor of the
  212  second degree, punishable as provided in s. 775.082 or s.
  213  775.083.
  214         (b)Each day of a continuing violation constitutes a
  215  separate violation.
  216         (10)A pet dealer, person, or entity that knowingly sells,
  217  exchanges, or otherwise transfers the ownership of an animal to
  218  a registered abuser in violation of this section shall be
  219  penalized in the following manner:
  220         (a)For the first offense, a written warning.
  221         (b)For a second offense, a fine of up to $500 shall be
  222  imposed.
  223         (c)For a third or any subsequent violation, the pet
  224  dealer, person, or entity commits a misdemeanor of the second
  225  degree, punishable as provided in s. 775.082 or s. 775.083.
  226         (11)Subsections (9) and (10) do not prevent the state from
  227  taking such other lawful action in law and equity as may be
  228  necessary to remedy any violation of, or refusal to comply with,
  229  any part of this section, including, but not limited to, pursuit
  230  of injunctive or declaratory relief or enjoinment, or other
  231  equitable relief in a court of competent jurisdiction, or
  232  initiating an action to recover any and all damages that may
  233  result from a violation of, or refusal to comply with, any part
  234  of this section.
  235         Section 2. Subsection (2) of section 828.12, Florida
  236  Statutes, is amended to read:
  237         828.12 Cruelty to animals.—
  238         (2) A person who intentionally commits an act to any
  239  animal, or a person who owns or has the custody or control of
  240  any animal and fails to act, which results in the cruel death,
  241  or excessive or repeated infliction of unnecessary pain or
  242  suffering, or causes the same to be done, commits aggravated
  243  animal cruelty, a felony of the third degree, punishable as
  244  provided in s. 775.082 or by a fine of not more than $10,000, or
  245  both.
  246         (a) A person convicted of a violation of this subsection,
  247  where the finder of fact determines that the violation includes
  248  the knowing and intentional torture or torment of an animal that
  249  injures, mutilates, or kills the animal, shall be ordered to pay
  250  a minimum mandatory fine of $2,500 and undergo psychological
  251  counseling or complete an anger management treatment program.
  252         (b) A person convicted of a second or subsequent violation
  253  of this subsection shall be required to pay a minimum mandatory
  254  fine of $5,000 and serve a minimum mandatory period of
  255  incarceration of 6 months. In addition, the person shall be
  256  released only upon expiration of sentence, is not eligible for
  257  parole, control release, or any form of early release, and must
  258  serve 100 percent of the court-imposed sentence. Any plea of
  259  nolo contendere shall be considered a conviction for purposes of
  260  this subsection.
  261         (c)As a condition of probation, a court may prohibit a
  262  person who violates this subsection from owning, possessing,
  263  maintaining, having custody of, residing with, or caring for an
  264  animal.
  265         Section 3. Section 828.126, Florida Statutes, is amended to
  266  read:
  267         828.126 Sexual activities involving animals.—
  268         (1) As used in this section, the term:
  269         (a) “Sexual conduct” means any touching or fondling by a
  270  person, either directly or through clothing, of the sex organs
  271  or anus of an animal or any transfer or transmission of semen by
  272  the person upon any part of the animal for the purpose of sexual
  273  gratification or arousal of the person.
  274         (b) “Sexual contact” means any contact, however slight,
  275  between the mouth, sex organ, or anus of a person and the sex
  276  organ or anus of an animal, or any penetration, however slight,
  277  of any part of the body of the person into the sex organ or anus
  278  of an animal, or any penetration of the sex organ or anus of the
  279  person into the mouth of the animal, for the purpose of sexual
  280  gratification or sexual arousal of the person.
  281         (2) A person may not:
  282         (a) Knowingly engage in any sexual conduct or sexual
  283  contact with an animal;
  284         (b) Knowingly cause, aid, or abet another person to engage
  285  in any sexual conduct or sexual contact with an animal;
  286         (c) Knowingly permit any sexual conduct or sexual contact
  287  with an animal to be conducted on any premises under his or her
  288  charge or control; or
  289         (d) Knowingly organize, promote, conduct, advertise, aid,
  290  abet, participate in as an observer, or perform any service in
  291  the furtherance of an act involving any sexual conduct or sexual
  292  contact with an animal for a commercial or recreational purpose.
  293         (3) A person who violates this section commits a
  294  misdemeanor of the first degree, punishable as provided in s.
  295  775.082 or s. 775.083.
  296         (4)As a condition of probation, a court may prohibit a
  297  person who violates this section from owning, possessing,
  298  maintaining, having custody of, residing with, or caring for an
  299  animal.
  300         (5)(4) This section does not apply to accepted animal
  301  husbandry practices, conformation judging practices, or accepted
  302  veterinary medical practices.
  303         Section 4. This act shall take effect October 1, 2022.