Bill Text: FL H1395 | 2011 | Regular Session | Introduced

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Bill Title: Fighting or Baiting Animals

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1395 Detail]

Download: Florida-2011-H1395-Introduced.html

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HB 1395

1	A bill to be entitled
2	An act relating to fighting or baiting animals; amending
3	s. 828.122, F.S.; correcting a cross-reference; providing
4	a rebuttable presumption that an animal has been trained
5	or used for fighting if certain facts are proven;
6	providing that a county or agency is not liable for the
7	cost of an animal seized and awarded custody to the county
8	or agency pursuant to a court order under specified
9	provisions; providing an effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Subsections (4) through (10) of section
14	828.122, Florida Statutes, are renumbered as subsections (5)
15	through (11), respectively, a new subsection (4) is added to
16	that section, and present paragraph (f) of subsection (3) and
17	subsection (7) of that section are amended, to read:
18	828.122  Fighting or baiting animals; offenses; penalties.-
19	(3)  Any person who knowingly commits any of the following
20	acts commits a felony of the third degree, punishable as
21	provided in s. 775.082, s. 775.083, or s. 775.084:
22	(f)  Removing or facilitating the removal of any animal
23	impounded under this section from an agency where the animal is
24	impounded or from a location designated by the court under
25	subsection (5) (4), subsection (6) (5), or subsection (8) (7),
26	without the prior authorization of the court;
27
28	Notwithstanding any provision of this subsection to the
29	contrary, possession of the animal alone does not constitute a
30	violation of this section.
31	(4)  There is a rebuttable presumption that an animal has
32	been trained or used for fighting if:
33	(a)  The animal exhibits fresh wounds, scarring, or other
34	specific indications that the animal has been or will be used
35	for fighting; or
36	(b)  A person possesses training apparatus, paraphernalia,
37	or drugs known to be used to prepare animals to be fought or
38	known to be used during an actual fight. Training apparatus or
39	paraphernalia may include, but are not limited to, gaffs,
40	slashers, or any other sharp implement designed to be attached
41	in place of the natural spur of a gamecock or other fighting
42	bird, the possession of sparring muffs, or a fighting pit.
43	(8)(7)  If an animal can be housed in a humane manner, the
44	provisions of s. 828.073 shall apply. For the purpose of a
45	hearing provided pursuant to s. 828.073(2), any animal baited,
46	bred, trained, transported, sold, owned, possessed, or used for
47	the purpose of animal fighting or baiting shall be considered
48	mistreated. The county or agency is not liable for the cost of
49	an animal seized and awarded custody to the county or agency
50	pursuant to a court order under this section.
51	Section 2.  This act shall take effect October 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.