Florida HB 559: Occupational Licensure of Military Spouses

Bill Text

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An act relating to animal welfare; amending s. 828.12, 2
F.S.; creating the offense of causing or enticing a 3
minor to commit, or in the presence of a minor 4
committing, animal cruelty; requiring a court to order 5
a minor who commits specified acts of animal cruelty 6
to undergo a psychological evaluation and receive 7
counseling and treatment for a specified time period; 8
requiring the minor's parent or guardian or the state 9
to pay the cost of such evaluation, counseling, and 10
treatment; providing an exception; authorizing the 11
court to hold the parent or guardian in contempt under 12
certain circumstances; requiring the Department of Law 13
Enforcement to post on its website specified 14
information relating to each individual convicted of 15
specified animal cruelty offenses; specifying time 16
periods for which the information shall be posted; 17
requiring the department to develop a procedure to 18
allow a person to petition for the removal of his or 19
her information under specified circumstances; 20
requiring the department to remove specified 21
information under specified circumstances; specifying 22
the time period within which such information must be 23
removed; authorizing the department to adopt rules; 24
requiring clerks of court and county detention 25

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facilities to provide the Department of Law 26
Enforcement with specified information, data, and 27
images; amending s. 828.122, F.S.; creating the 28
offense of causing or enticing a minor to commit, or 29
in the presence of a minor committing, fighting or 30
baiting animals; amending s. 828.126, F.S.; creating 31
the offense of causing or enticing a minor to commit, 32
or in the presence of a minor committing, sexual 33
activities involving animals; amending s. 828.27, 34
F.S.; increasing the maximum civil penalty for 35
specified violations of ordinances relating to animal 36
control or cruelty; amending s. 921.0022, F.S.; 37
increasing the level on the offense severity ranking 38
chart for fighting or baiting animals; ranking 39
offenses created by the act on the offense severity 40
ranking chart; providing an effective date. 41
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Be It Enacted by the Legislature of the State of Florida: 43
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Section 1. Subsections (4) through (7) of section 828.12, 45
Florida Statutes, are renumbered as subsections (6) through (9), 46
respectively, present subsection (7) is amended, new subsections 47
(4) and (5) are added to that section, and subsections (1) and 48
(2) of that section are republished, to read: 49
828.12 Cruelty to animals.— 50

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(1) A person who unnecessarily overloads, overdrives, 51
torments, deprives of necessary sustenance or shelter, or 52
unnecessarily mutilates, or kills any animal, or causes the same 53
to be done, or carries in or upon any vehicle, or otherwise, any 54
animal in a cruel or inhumane manner, commits animal cruelty, a 55
misdemeanor of the first degree, punishable as provided in s. 56
775.082 or by a fine of not more than $5,000, or both. 57
(2) A person who intentionally commits an act to any 58
animal, or a person who owns or has the custody or control of 59
any animal and fails to act, which results in the cruel death, 60
or excessive or repeated infliction of unnecessary pain or 61
suffering, or causes the same to be done, commits aggravated 62
animal cruelty, a felony of the third degree, punishable as 63
provided in s. 775.082 or by a fine of not more than $10,000, or 64
both. 65
(a) A person convicted of a violation of this subsection, 66
where the finder of fact determines that the violation includes 67
the knowing and intentional torture or torment of an animal that 68
injures, mutilates, or kills the animal, shall be ordered to pay 69
a minimum mandatory fine of $2,500 and undergo psychological 70
counseling or complete an anger management treatment program. 71
(b) A person convicted of a second or subsequent violation 72
of this subsection shall be required to pay a minimum mandatory 73
fine of $5,000 and serve a minimum mandatory period of 74
incarceration of 6 months. In addition, the person shall be 75

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released only upon expiration of sentence, is not eligible for 76
parole, control release, or any form of early release, and must 77