Florida Senate - 2025 CS for SB 494
By the Committee on Criminal Justice; and Senator Leek
591-02820-25 2025494c1
1 A bill to be entitled
2 An act relating to aggravated animal cruelty;
3 providing a short title; amending s. 828.12, F.S.;
4 requiring the Department of Law Enforcement to post on
5 its website the names of certain individuals who have
6 violated specified animal cruelty provisions; amending
7 s. 921.0024, F.S.; providing a sentencing multiplier
8 for specified offenses of aggravated animal cruelty;
9 providing applicability; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. This act may be cited as “Dexter’s Law.”
14 Section 2. Subsection (7) is added to section 828.12,
15 Florida Statutes, to read:
16 828.12 Cruelty to animals.—
17 (7) Beginning January 1, 2026, the Department of Law
18 Enforcement shall post on its website, in a searchable format
19 prescribed by the department, the names of those individuals who
20 have been convicted of, or who have entered a plea of guilty or
21 nolo contendere to, regardless of adjudication, a violation of
22 this section.
23 Section 3. Subsection (1) of section 921.0024, Florida
24 Statutes, is amended to read:
25 921.0024 Criminal Punishment Code; worksheet computations;
26 scoresheets.—
27 (1)(a) The Criminal Punishment Code worksheet is used to
28 compute the subtotal and total sentence points as follows:
29
30 FLORIDA CRIMINAL PUNISHMENT CODE
31 WORKSHEET
32
33 OFFENSE SCORE
34
35 Primary Offense
36 Level Sentence Points Total
37 10 116 = ........
38 9 92 = ........
39 8 74 = ........
40 7 56 = ........
41 6 36 = ........
42 5 28 = ........
43 4 22 = ........
44 3 16 = ........
45 2 10 = ........
46 1 4 = ........
47
48 Total
49
50
51 Additional Offenses
52 Level Sentence Points Counts Total
53 10 58 x .... = ....
54 9 46 x .... = ....
55 8 37 x .... = ....
56 7 28 x .... = ....
57 6 18 x .... = ....
58 5 5.4 x .... = ....
59 4 3.6 x .... = ....
60 3 2.4 x .... = ....
61 2 1.2 x .... = ....
62 1 0.7 x .... = ....
63 M 0.2 x .... = ....
64
65 Total
66
67
68 Victim Injury
69 Level Sentence Points Number Total
70 2nd degreemurder-death 240 x .... = ....
71 Death 120 x .... = ....
72 Severe 40 x .... = ....
73 Moderate 18 x .... = ....
74 Slight 4 x .... = ....
75 Sexual penetration 80 x .... = ....
76 Sexual contact 40 x .... = ....
77
78 Total
79
80 Primary Offense + Additional Offenses + Victim Injury =
81 TOTAL OFFENSE SCORE
82
83 PRIOR RECORD SCORE
84
85 Prior Record
86 Level Sentence Points Number Total
87 10 29 x .... = ....
88 9 23 x .... = ....
89 8 19 x .... = ....
90 7 14 x .... = ....
91 6 9 x .... = ....
92 5 3.6 x .... = ....
93 4 2.4 x .... = ....
94 3 1.6 x .... = ....
95 2 0.8 x .... = ....
96 1 0.5 x .... = ....
97 M 0.2 x .... = ....
98
99 Total
100
101 TOTAL OFFENSE SCORE...........................................
102 TOTAL PRIOR RECORD SCORE......................................
103
104 LEGAL STATUS..................................................
105 COMMUNITY SANCTION VIOLATION..................................
106 PRIOR SERIOUS FELONY..........................................
107 PRIOR CAPITAL FELONY..........................................
108 FIREARM OR SEMIAUTOMATIC WEAPON...............................
109 SUBTOTAL........
110
111 PRISON RELEASEE REOFFENDER (no)(yes)..........................
112 VIOLENT CAREER CRIMINAL (no)(yes).............................
113 HABITUAL VIOLENT OFFENDER (no)(yes)...........................
114 HABITUAL OFFENDER (no)(yes)...................................
115 AGGRAVATED ANIMAL CRUELTY (no)(yes) (x multiplier)............
116 DRUG TRAFFICKER (no)(yes) (x multiplier)......................
117 LAW ENF. PROTECT. (no)(yes) (x multiplier)....................
118 MOTOR VEHICLE THEFT (no)(yes) (x multiplier)..................
119 CRIMINAL GANG OFFENSE (no)(yes) (x multiplier)................
120 DOMESTIC VIOLENCE IN THE PRESENCE OF RELATED CHILD (no)(yes)
121 (x multiplier)..................................................
122 ADULT-ON-MINOR SEX OFFENSE (no)(yes) (x multiplier)...........
123 ................................................................
124 TOTAL SENTENCE POINTS........
125
126 (b) WORKSHEET KEY:
127
128 Legal status points are assessed when any form of legal status
129 existed at the time the offender committed an offense before the
130 court for sentencing. Four (4) sentence points are assessed for
131 an offender’s legal status.
132
133 Community sanction violation points are assessed when a
134 community sanction violation is before the court for sentencing.
135 Six (6) sentence points are assessed for each community sanction
136 violation and each successive community sanction violation,
137 unless any of the following apply:
138 1. If the community sanction violation includes a new
139 felony conviction before the sentencing court, twelve (12)
140 community sanction violation points are assessed for the
141 violation, and for each successive community sanction violation
142 involving a new felony conviction.
143 2. If the community sanction violation is committed by a
144 violent felony offender of special concern as defined in s.
145 948.06:
146 a. Twelve (12) community sanction violation points are
147 assessed for the violation and for each successive violation of
148 felony probation or community control where:
149 I. The violation does not include a new felony conviction;
150 and
151 II. The community sanction violation is not based solely on
152 the probationer or offender’s failure to pay costs or fines or
153 make restitution payments.
154 b. Twenty-four (24) community sanction violation points are
155 assessed for the violation and for each successive violation of
156 felony probation or community control where the violation
157 includes a new felony conviction.
158
159 Multiple counts of community sanction violations before the
160 sentencing court shall not be a basis for multiplying the
161 assessment of community sanction violation points.
162
163 Prior serious felony points: If the offender has a primary
164 offense or any additional offense ranked in level 8, level 9, or
165 level 10, and one or more prior serious felonies, a single
166 assessment of thirty (30) points shall be added. For purposes of
167 this section, a prior serious felony is an offense in the
168 offender’s prior record that is ranked in level 8, level 9, or
169 level 10 under s. 921.0022 or s. 921.0023 and for which the
170 offender is serving a sentence of confinement, supervision, or
171 other sanction or for which the offender’s date of release from
172 confinement, supervision, or other sanction, whichever is later,
173 is within 3 years before the date the primary offense or any
174 additional offense was committed.
175
176 Prior capital felony points: If the offender has one or more
177 prior capital felonies in the offender’s criminal record, points
178 shall be added to the subtotal sentence points of the offender
179 equal to twice the number of points the offender receives for
180 the primary offense and any additional offense. A prior capital
181 felony in the offender’s criminal record is a previous capital
182 felony offense for which the offender has entered a plea of nolo
183 contendere or guilty or has been found guilty; or a felony in
184 another jurisdiction which is a capital felony in that
185 jurisdiction, or would be a capital felony if the offense were
186 committed in this state.
187
188 Possession of a firearm, semiautomatic firearm, or machine gun:
189 If the offender is convicted of committing or attempting to
190 commit any felony other than those enumerated in s. 775.087(2)
191 while having in his or her possession: a firearm as defined in
192 s. 790.001, an additional eighteen (18) sentence points are
193 assessed; or if the offender is convicted of committing or
194 attempting to commit any felony other than those enumerated in
195 s. 775.087(3) while having in his or her possession a
196 semiautomatic firearm as defined in s. 775.087(3) or a machine
197 gun as defined in s. 790.001, an additional twenty-five (25)
198 sentence points are assessed.
199
200 Sentencing multipliers:
201
202 Aggravated Animal Cruelty: If the primary offense is aggravated
203 animal cruelty under s. 828.12(2), which included the knowing
204 and intentional torture or torment of an animal that injured,
205 mutilated, or killed the animal, the subtotal sentence points
206 are multiplied by 1.25. As used in this paragraph, the term
207 “animal” does not include an animal used for agricultural
208 purposes or permitted as captive wildlife as authorized under s.
209 379.303.
210
211 Drug trafficking: If the primary offense is drug trafficking
212 under s. 893.135, the subtotal sentence points are multiplied,
213 at the discretion of the court, for a level 7 or level 8
214 offense, by 1.5. The state attorney may move the sentencing
215 court to reduce or suspend the sentence of a person convicted of
216 a level 7 or level 8 offense, if the offender provides
217 substantial assistance as described in s. 893.135(4).
218
219 Violent offenses committed against specified justice system
220 personnel: If the primary offense is a violation of s.
221 775.0823(2), (3), or (4), the subtotal sentence points are
222 multiplied by 2.5. If the primary offense is a violation of s.
223 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
224 are multiplied by 2.0. If the primary offense is a violation of
225 s. 784.07(3) or s. 775.0875(1), or s. 775.0823(10) or (11), the
226 subtotal sentence points are multiplied by 1.5.
227
228 Grand theft of a motor vehicle: If the primary offense is grand
229 theft of the third degree involving a motor vehicle and in the
230 offender’s prior record, there are three or more grand thefts of
231 the third degree involving a motor vehicle, the subtotal
232 sentence points are multiplied by 1.5.
233
234 Offense related to a criminal gang: If the offender is convicted
235 of the primary offense and committed that offense for the
236 purpose of benefiting, promoting, or furthering the interests of
237 a criminal gang as defined in s. 874.03, the subtotal sentence
238 points are multiplied by 1.5. If applying the multiplier results
239 in the lowest permissible sentence exceeding the statutory
240 maximum sentence for the primary offense under chapter 775, the
241 court may not apply the multiplier and must sentence the
242 defendant to the statutory maximum sentence.
243
244 Domestic violence in the presence of a child: If the offender is
245 convicted of the primary offense and the primary offense is a
246 crime of domestic violence, as defined in s. 741.28, which was
247 committed in the presence of a child under 16 years of age who
248 is a family or household member as defined in s. 741.28(3) with
249 the victim or perpetrator, the subtotal sentence points are
250 multiplied by 1.5.
251
252 Adult-on-minor sex offense: If the offender was 18 years of age
253 or older and the victim was younger than 18 years of age at the
254 time the offender committed the primary offense, and if the
255 primary offense was an offense committed on or after October 1,
256 2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
257 violation involved a victim who was a minor and, in the course
258 of committing that violation, the defendant committed a sexual
259 battery under chapter 794 or a lewd act under s. 800.04 or s.
260 847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
261 787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
262 800.04; or s. 847.0135(5), the subtotal sentence points are
263 multiplied by 2.0. If applying the multiplier results in the
264 lowest permissible sentence exceeding the statutory maximum
265 sentence for the primary offense under chapter 775, the court
266 may not apply the multiplier and must sentence the defendant to
267 the statutory maximum sentence.
268 Section 4. This act shall take effect July 1, 2025.