Bill Text: FL S0504 | 2013 | Regular Session | Comm Sub
Bill Title: Animal Cruelty
Spectrum:
Status: (Introduced - Dead) 2013-04-25 - Laid on Table, companion bill(s) passed, see CS/HB 851 (Ch. 2013-245) [S0504 Detail]
Download: Florida-2013-S0504-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 504 By the Committees on Appropriations; and Criminal Justice; and Senators Brandes, Gardiner, Lee, and Sachs 576-04639-13 2013504c2 1 A bill to be entitled 2 An act relating to animal cruelty; amending s. 828.12, 3 F.S.; specifying that a person who commits multiple 4 acts of animal cruelty against one animal or acts of 5 animal cruelty against multiple animals may be charged 6 with a separate offense for each such act of animal 7 cruelty; amending s. 828.27, F.S.; providing for 8 additional uses by certain counties of proceeds of 9 surcharges on animal control or cruelty violations; 10 providing for expiration; amending s. 895.02, F.S.; 11 including illegal animal fighting or baiting as an 12 offense within the definition of the term 13 “racketeering activity” for purposes of the Florida 14 RICO (Racketeer Influenced and Corrupt Organization) 15 Act; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 828.12, Florida Statutes, is amended to 20 read: 21 828.12 Cruelty to animals.— 22 (1) A person who unnecessarily overloads, overdrives, 23 torments, deprives of necessary sustenance or shelter, or 24 unnecessarily mutilates, or kills any animal, or causes the same 25 to be done, or carries in or upon any vehicle, or otherwise, any 26 animal in a cruel or inhumane manner, commits animal cruelty,is27guilty ofa misdemeanor of the first degree, punishable as 28 provided in s. 775.082 or by a fine of not more than $5,000, or 29 both. 30 (2) A person who intentionally commits an act to any animal 31 which results in the cruel death, or excessive or repeated 32 infliction of unnecessary pain or suffering, or causes the same 33 to be done, commits aggravated animal cruelty,is guilty ofa 34 felony of the third degree, punishable as provided in s. 775.082 35 or by a fine of not more than $10,000, or both. 36 (a) A person convicted of a violation of this subsection, 37 where the finder of fact determines that the violation includes 38 the knowing and intentional torture or torment of an animal that 39 injures, mutilates, or kills the animal, shall be ordered to pay 40 a minimum mandatory fine of $2,500 and undergo psychological 41 counseling or complete an anger management treatment program. 42 (b) AAnyperson convicted of a second or subsequent 43 violation of this subsection shall be required to pay a minimum 44 mandatory fine of $5,000 and serve a minimum mandatory period of 45 incarceration of 6 months. In addition, the person shall be 46 released only upon expiration of sentence, isshallnotbe47 eligible for parole, control release, or any form of early 48 release, and must serve 100 percent of the court-imposed 49 sentence. Any plea of nolo contendere shall be considered a 50 conviction for purposes of this subsection. 51 (3) A person who commits multiple acts of animal cruelty or 52 aggravated animal cruelty against an animal may be charged with 53 a separate offense for each such act. A person who commits 54 animal cruelty or aggravated animal cruelty against more than 55 one animal may be charged with a separate offense for each 56 animal such cruelty was committed upon. 57 (4)(3)A veterinarian licensed to practice in the state 58 shall be held harmless from either criminal or civil liability 59 for any decisions made or services rendered under the provisions 60 of this section. Such a veterinarian is, therefore, under this 61 subsection, immune from a lawsuit for his or her part in an 62 investigation of cruelty to animals. 63 (5)(4)A person who intentionally trips, fells, ropes, or 64 lassos the legs of a horse by any means for the purpose of 65 entertainment or sport shall be guilty of a third degree felony, 66 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 67 As used in this subsection, “trip” means any act that consists 68 of the use of any wire, pole, stick, rope, or other apparatus to 69 cause a horse to fall or lose its balance, and “horse” means any 70 animal of any registered breed of the genus Equus, or any 71 recognized hybrid thereof. The provisions of this subsection 72 shall not apply when tripping is used: 73 (a) To control a horse that is posing an immediate threat 74 to other livestock or human beings; 75 (b) For the purpose of identifying ownership of the horse 76 when its ownership is unknown; or 77 (c) For the purpose of administering veterinary care to the 78 horse. 79 Section 2. Paragraph (b) of subsection (4) of section 80 828.27, Florida Statutes, is amended to read: 81 828.27 Local animal control or cruelty ordinances; 82 penalty.— 83 (4) 84 (b)1. The governing body of a county or municipality may 85 impose and collect a surcharge of up to $5 upon each civil 86 penalty imposed for violation of an ordinance relating to animal 87 control or cruelty. The proceeds from such surcharges shall be 88 used to pay the costs of training for animal control officers. 89 2. In addition to the uses set forth in subparagraph 1., a 90 county, as defined in s. 125.011, may use the proceeds specified 91 in that subparagraph and any carryover or fund balance from such 92 proceeds for animal shelter operating expenses. This 93 subparagraph expires July 1, 2014. 94 Section 3. Paragraph (a) of subsection (1) of section 95 895.02, Florida Statutes, is amended to read: 96 895.02 Definitions.—As used in ss. 895.01-895.08, the term: 97 (1) “Racketeering activity” means to commit, to attempt to 98 commit, to conspire to commit, or to solicit, coerce, or 99 intimidate another person to commit: 100 (a) Any crime that is chargeable by petition, indictment, 101 or information under the following provisions of the Florida 102 Statutes: 103 1. Section 210.18, relating to evasion of payment of 104 cigarette taxes. 105 2. Section 316.1935, relating to fleeing or attempting to 106 elude a law enforcement officer and aggravated fleeing or 107 eluding. 108 3. Section 403.727(3)(b), relating to environmental 109 control. 110 4. Section 409.920 or s. 409.9201, relating to Medicaid 111 fraud. 112 5. Section 414.39, relating to public assistance fraud. 113 6. Section 440.105 or s. 440.106, relating to workers’ 114 compensation. 115 7. Section 443.071(4), relating to creation of a fictitious 116 employer scheme to commit reemployment assistance fraud. 117 8. Section 465.0161, relating to distribution of medicinal 118 drugs without a permit as an Internet pharmacy. 119 9. Section 499.0051, relating to crimes involving 120 contraband and adulterated drugs. 121 10. Part IV of chapter 501, relating to telemarketing. 122 11. Chapter 517, relating to sale of securities and 123 investor protection. 124 12. Section 550.235 or s. 550.3551, relating to dogracing 125 and horseracing. 126 13. Chapter 550, relating to jai alai frontons. 127 14. Section 551.109, relating to slot machine gaming. 128 15. Chapter 552, relating to the manufacture, distribution, 129 and use of explosives. 130 16. Chapter 560, relating to money transmitters, if the 131 violation is punishable as a felony. 132 17. Chapter 562, relating to beverage law enforcement. 133 18. Section 624.401, relating to transacting insurance 134 without a certificate of authority, s. 624.437(4)(c)1., relating 135 to operating an unauthorized multiple-employer welfare 136 arrangement, or s. 626.902(1)(b), relating to representing or 137 aiding an unauthorized insurer. 138 19. Section 655.50, relating to reports of currency 139 transactions, when such violation is punishable as a felony. 140 20. Chapter 687, relating to interest and usurious 141 practices. 142 21. Section 721.08, s. 721.09, or s. 721.13, relating to 143 real estate timeshare plans. 144 22. Section 775.13(5)(b), relating to registration of 145 persons found to have committed any offense for the purpose of 146 benefiting, promoting, or furthering the interests of a criminal 147 gang. 148 23. Section 777.03, relating to commission of crimes by 149 accessories after the fact. 150 24. Chapter 782, relating to homicide. 151 25. Chapter 784, relating to assault and battery. 152 26. Chapter 787, relating to kidnapping or human 153 trafficking. 154 27. Chapter 790, relating to weapons and firearms. 155 28. Chapter 794, relating to sexual battery, but only if 156 such crime was committed with the intent to benefit, promote, or 157 further the interests of a criminal gang, or for the purpose of 158 increasing a criminal gang member’s own standing or position 159 within a criminal gang. 160 29. Section 796.03, s. 796.035, s. 796.04, s. 796.05, or s. 161 796.07, relating to prostitution and sex trafficking. 162 30. Chapter 806, relating to arson and criminal mischief. 163 31. Chapter 810, relating to burglary and trespass. 164 32. Chapter 812, relating to theft, robbery, and related 165 crimes. 166 33. Chapter 815, relating to computer-related crimes. 167 34. Chapter 817, relating to fraudulent practices, false 168 pretenses, fraud generally, and credit card crimes. 169 35. Chapter 825, relating to abuse, neglect, or 170 exploitation of an elderly person or disabled adult. 171 36. Section 827.071, relating to commercial sexual 172 exploitation of children. 173 37. Section 828.122, relating to fighting or baiting 174 animals. 175 38.37.Chapter 831, relating to forgery and counterfeiting. 176 39.38.Chapter 832, relating to issuance of worthless 177 checks and drafts. 178 40.39.Section 836.05, relating to extortion. 179 41.40.Chapter 837, relating to perjury. 180 42.41.Chapter 838, relating to bribery and misuse of 181 public office. 182 43.42.Chapter 843, relating to obstruction of justice. 183 44.43.Section 847.011, s. 847.012, s. 847.013, s. 847.06, 184 or s. 847.07, relating to obscene literature and profanity. 185 45.44.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or 186 s. 849.25, relating to gambling. 187 46.45.Chapter 874, relating to criminal gangs. 188 47.46.Chapter 893, relating to drug abuse prevention and 189 control. 190 48.47.Chapter 896, relating to offenses related to 191 financial transactions. 192 49.48.Sections 914.22 and 914.23, relating to tampering 193 with or harassing a witness, victim, or informant, and 194 retaliation against a witness, victim, or informant. 195 50.49.Sections 918.12 and 918.13, relating to tampering 196 with jurors and evidence. 197 Section 4. This act shall take effect July 1, 2013.