Florida Senate - 2018 CS for SB 1576
By the Committee on Agriculture; and Senators Steube and Perry
575-02744-18 20181576c1
1 A bill to be entitled
2 An act relating to animal welfare; creating s.
3 823.151, F.S.; providing legislative findings;
4 requiring specified entities that take receivership of
5 lost or stray dogs or cats to adopt written policies
6 and procedures to ensure that every reasonable effort
7 is made to quickly and reliably return owned animals
8 to their owners; providing requirements for such
9 policies and procedures; requiring that specified
10 records be available to the public; amending s.
11 828.12, F.S.; authorizing a court to prohibit certain
12 offenders from owning or having custody or control
13 over animals; amending s. 921.0022, F.S.; revising the
14 ranking of offenses on the offense severity ranking
15 chart of the Criminal Punishment Code; providing an
16 effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 823.151, Florida Statutes, is created to
21 read:
22 823.151 Lost or stray dogs and cats.—
23 (1) The Legislature finds that natural disasters, such as
24 hurricanes, may result in an increase in owned dogs and cats
25 becoming lost or stray. The Legislature further finds that dog
26 and cat owners statewide should be afforded the opportunity to
27 quickly and reliably claim their lost pets. It is therefore
28 declared to be the public policy of the state that animal
29 control agencies and humane organizations shall adopt policies
30 and procedures to help return lost cats or dogs to identified
31 owners.
32 (2)(a) A public or private animal shelter, humane
33 organization, or animal control agency operated by a humane
34 organization or by a county, municipality, or other incorporated
35 political subdivision that takes receivership of any lost or
36 stray dogs or cats shall adopt written policies and procedures
37 to ensure that every reasonable effort is made to quickly and
38 reliably return owned animals to their owners. Such policies and
39 procedures shall include:
40 1. Upon intake, screening of lost or stray dogs and cats
41 for identification, including tags, licenses, implanted
42 microchips, and tattoos.
43 2. A process for matching received lost or stray dogs and
44 cats with any reports of lost pets received by the shelter from
45 owners.
46 3. Public notice of lost or stray dogs and cats received,
47 provided at the shelter or on the Internet, as appropriate,
48 within 48 hours of the animal’s admission.
49 4. Reasonable efforts to notify identified owners of lost
50 or stray dogs and cats within 48 hours of identification. Such
51 reasonable efforts may include, but are not limited to, attempts
52 to contact identified owners by telephone, by electronic mail,
53 by United States mail, or by personal service at the owner’s
54 last known phone number and address.
55 5. Notice to the public of the shelter’s location, hours,
56 fees, and the return-to-owner process posted on the Internet,
57 with the shelter’s business hours posted outside the shelter
58 facility and recorded on the shelter’s telephone answering
59 system message.
60 6. Access for owners to retrieve dogs and cats at least 1
61 weekend day per week and after 5:00 p.m. 1 weekday per week,
62 provided that complying with the requirements of this
63 subparagraph does not require an increase in total operating
64 hours.
65 7. Direct return-to-owner protocols that allow animal
66 control officers in the field to directly return lost or stray
67 dogs and cats to their owners when the owners have been
68 identified.
69 8. Procedural safeguards to minimize the euthanasia of
70 owned dogs and cats. Such safeguards shall include, but are not
71 limited to, record verification to ensure that each animal to be
72 euthanized is the correct animal designated for the procedure
73 and proper scanning for an implanted microchip using a universal
74 scanner immediately prior to the procedure.
75 9. Temporary extension of local minimum stray hold periods
76 after a disaster is declared by the President of the United
77 States or a state of emergency is declared by the Governor, if
78 deemed necessary by a local government in the area of the
79 declaration.
80 (b) Records related to this section and maintained by a
81 public or private animal shelter, humane organization, or animal
82 control agency operated by a humane society or by a county,
83 municipality, or other incorporated political subdivision must
84 be made available to the public pursuant to chapter 119.
85 Section 2. Section 828.12, Florida Statutes, is amended to
86 read:
87 828.12 Cruelty to animals.—
88 (1) A person who unnecessarily overloads, overdrives,
89 torments, deprives of necessary sustenance or shelter, or
90 unnecessarily mutilates, or kills any animal, or causes the same
91 to be done, or carries in or upon any vehicle, or otherwise, any
92 animal in a cruel or inhumane manner, commits animal cruelty, a
93 misdemeanor of the first degree, punishable as provided in s.
94 775.082 or by a fine of not more than $5,000, or both.
95 (2) A person who intentionally commits an act to any
96 animal, or a person who owns or has the custody or control of
97 any animal and fails to act, which results in the cruel death,
98 or excessive or repeated infliction of unnecessary pain or
99 suffering, or causes the same to be done, commits aggravated
100 animal cruelty, a felony of the third degree, punishable as
101 provided in s. 775.082 or by a fine of not more than $10,000, or
102 both.
103 (a) A person convicted of a violation of this subsection,
104 where the finder of fact determines that the violation includes
105 the knowing and intentional torture or torment of an animal that
106 injures, mutilates, or kills the animal, shall be ordered to pay
107 a minimum mandatory fine of $2,500 and undergo psychological
108 counseling or complete an anger management treatment program.
109 (b) A person convicted of a second or subsequent violation
110 of this subsection shall be required to pay a minimum mandatory
111 fine of $5,000 and serve a minimum mandatory period of
112 incarceration of 6 months. In addition, the person shall be
113 released only upon expiration of sentence, is not eligible for
114 parole, control release, or any form of early release, and must
115 serve 100 percent of the court-imposed sentence. Any plea of
116 nolo contendere shall be considered a conviction for purposes of
117 this subsection.
118 (3) A person who commits multiple acts of animal cruelty or
119 aggravated animal cruelty against an animal may be charged with
120 a separate offense for each such act. A person who commits
121 animal cruelty or aggravated animal cruelty against more than
122 one animal may be charged with a separate offense for each
123 animal such cruelty was committed upon.
124 (4) A veterinarian licensed to practice in the state shall
125 be held harmless from either criminal or civil liability for any
126 decisions made or services rendered under the provisions of this
127 section. Such a veterinarian is, therefore, under this
128 subsection, immune from a lawsuit for his or her part in an
129 investigation of cruelty to animals.
130 (5) A person who intentionally trips, fells, ropes, or
131 lassos the legs of a horse by any means for the purpose of
132 entertainment or sport commits a shall be guilty of a third
133 degree felony of the third degree, punishable as provided in s.
134 775.082, s. 775.083, or s. 775.084. As used in this subsection,
135 the term “trip” means any act that consists of the use of any
136 wire, pole, stick, rope, or other apparatus to cause a horse to
137 fall or lose its balance, and the term “horse” means any animal
138 of any registered breed of the genus Equus, or any recognized
139 hybrid thereof. The provisions of This subsection does shall not
140 apply when tripping is used:
141 (a) To control a horse that is posing an immediate threat
142 to other livestock or human beings;
143 (b) For the purpose of identifying ownership of the horse
144 when its ownership is unknown; or
145 (c) For the purpose of administering veterinary care to the
146 horse.
147 (6) In addition to other penalties prescribed by law, a
148 person who is convicted of a violation of this section may be
149 prohibited by the court from owning, possessing, keeping,
150 harboring, or having custody or control over any animal for a
151 period of time determined by the court.
152 Section 3. Paragraphs (c) and (e) of subsection (3) of
153 section 921.0022, Florida Statutes, are amended to read:
154 921.0022 Criminal Punishment Code; offense severity ranking
155 chart.—
156 (3) OFFENSE SEVERITY RANKING CHART
157 (c) LEVEL 3
158
159 FloridaStatute FelonyDegree Description
160 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
161 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
162 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
163 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
164 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
165 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
166 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
167 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
168 327.35(2)(b) 3rd Felony BUI.
169 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
170 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
171 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
172 379.2431 (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.
173 379.2431 (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.
174 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
175 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
176 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
177 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
178 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
179 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
180 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
181 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
182 697.08 3rd Equity skimming.
183 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
184 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
185 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
186 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
187 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
188 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
189 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
190 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
191 817.233 3rd Burning to defraud insurer.
192 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
193 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
194 817.236 3rd Filing a false motor vehicle insurance application.
195 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
196 817.413(2) 3rd Sale of used goods as new.
197 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
198 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
199 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
200 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
201 843.19 3rd Injure, disable, or kill police dog or horse.
202 860.15(3) 3rd Overcharging for repairs and parts.
203 870.01(2) 3rd Riot; inciting or encouraging.
204 893.13(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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
205 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
206 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
207 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
208 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
209 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
210 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
211 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
212 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
213 893.13(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.
214 893.13(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.
215 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
216 893.13(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.
217 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
218 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
219 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
220 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
221
222 (e) LEVEL 5
223
224 FloridaStatute FelonyDegree Description
225 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
226 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
227 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
228 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
229 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
230 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
231 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
232 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
233 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
234 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
235 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
236 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
237 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
238 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
239 790.01(2) 3rd Carrying a concealed firearm.
240 790.162 2nd Threat to throw or discharge destructive device.
241 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
242 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
243 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
244 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
245 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
246 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
247 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
248 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
249 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts.
250 812.019(1) 2nd Stolen property; dealing in or trafficking in.
251 812.131(2)(b) 3rd Robbery by sudden snatching.
252 812.16(2) 3rd Owning, operating, or conducting a chop shop.
253 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
254 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
255 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
256 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
257 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
258 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
259 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
260 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
261 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
262 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
263 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
264 843.01 3rd Resist officer with violence to person; resist arrest with violence.
265 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
266 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
267 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
268 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
269 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
270 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
271 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
272 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university.
273 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
274 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility.
275 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
276 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
277 Section 4. This act shall take effect July 1, 2018.