Florida Senate - 2022 SB 420
By Senator Pizzo
38-00430-22 2022420__
1 A bill to be entitled
2 An act relating to animal abuse; amending s. 828.126,
3 F.S.; increasing the criminal penalties for sexual
4 activities involving animals; amending s. 921.0022,
5 F.S.; assigning an offense severity ranking for sexual
6 activities involving animals for purposes of the
7 Criminal Punishment Code; increasing the offense
8 severity ranking for fighting or baiting animals for
9 purposes of the Criminal Punishment Code; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Subsection (3) of section 828.126, Florida
15 Statutes, is amended to read:
16 828.126 Sexual activities involving animals.—
17 (3) A person who violates this section commits a felony of
18 the third misdemeanor of the first degree, punishable as
19 provided in s. 775.082 or s. 775.083.
20 Section 2. Paragraphs (a) and (d) of subsection (3) of
21 section 921.0022, Florida Statutes, are amended to read:
22 921.0022 Criminal Punishment Code; offense severity ranking
23 chart.—
24 (3) OFFENSE SEVERITY RANKING CHART
25 (a) LEVEL 1
26
27 FloridaStatute FelonyDegree Description
28 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
29 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
30 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
31 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
32 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
33 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
34 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
35 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
36 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
37 322.212(5)(a) 3rd False application for driver license or identification card.
38 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
39 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
40 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
41 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
42 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
43 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
44 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
45 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
46 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
47 826.01 3rd Bigamy.
48 828.122(3) 3rd Fighting or baiting animals.
49 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
50 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
51 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
52 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
53 838.15(2) 3rd Commercial bribe receiving.
54 838.16 3rd Commercial bribery.
55 843.18 3rd Fleeing by boat to elude a law enforcement officer.
56 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
57 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
58 849.23 3rd Gambling-related machines; “common offender” as to property rights.
59 849.25(2) 3rd Engaging in bookmaking.
60 860.08 3rd Interfere with a railroad signal.
61 860.13(1)(a) 3rd Operate aircraft while under the influence.
62 893.13(2)(a)2. 3rd Purchase of cannabis.
63 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
64 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
65 (d) LEVEL 4
66
67 FloridaStatute FelonyDegree Description
68 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
69 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
70 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
71 517.07(1) 3rd Failure to register securities.
72 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
73 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
74 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
75 784.075 3rd Battery on detention or commitment facility staff.
76 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
77 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
78 784.081(3) 3rd Battery on specified official or employee.
79 784.082(3) 3rd Battery by detained person on visitor or other detainee.
80 784.083(3) 3rd Battery on code inspector.
81 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
82 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
83 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
84 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
85 787.07 3rd Human smuggling.
86 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
87 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
88 790.115(2)(c) 3rd Possessing firearm on school property.
89 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
90 806.135 2nd Destroying or demolishing a memorial or historic property.
91 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
92 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
93 810.06 3rd Burglary; possession of tools.
94 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
95 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
96 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
97 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
98 817.505(4)(a) 3rd Patient brokering.
99 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
100 817.568(2)(a) 3rd Fraudulent use of personal identification information.
101 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
102 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
103 828.122(3) 3rd Fighting or baiting animals.
104 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
105 828.126(3) 3rd Sexual activities involving animals.
106 837.02(1) 3rd Perjury in official proceedings.
107 837.021(1) 3rd Make contradictory statements in official proceedings.
108 838.022 3rd Official misconduct.
109 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
110 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
111 843.021 3rd Possession of a concealed handcuff key by a person in custody.
112 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
113 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
114 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
115 870.01(3) 2nd Aggravated rioting.
116 870.01(5) 2nd Aggravated inciting a riot.
117 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
118 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
119 914.14(2) 3rd Witnesses accepting bribes.
120 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
121 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
122 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
123 918.12 3rd Tampering with jurors.
124 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
125 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
126 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
127 Section 3. This act shall take effect July 1, 2022.