Bill Text: FL S1078 | 2012 | Regular Session | Introduced

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Bill Title: Animal Fighting or Baiting

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice [S1078 Detail]

Download: Florida-2012-S1078-Introduced.html

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       Florida Senate - 2012                                    SB 1078
       
       
       
       By Senator Braynon
       
       
       
       
       33-00930-12                                           20121078__
    1                        A bill to be entitled                      
    2         An act relating to animal fighting or baiting;
    3         amending s. 828.122, F.S.; specifying examples of
    4         animal fighting or baiting paraphernalia prohibited by
    5         law; requiring the court to consider certain specified
    6         factors when determining whether an object is animal
    7         fighting paraphernalia; providing for humane
    8         disposition of an animal by a veterinarian licensed in
    9         this state under certain circumstances; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 828.122, Florida Statutes, is amended to
   15  read:
   16         828.122 Fighting or baiting animals; offenses; penalties.—
   17         (1) This section act may be cited as “The Animal Fighting
   18  Act.”
   19         (2) As used in this section, the term:
   20         (a) “Animal fighting” means fighting between roosters or
   21  other birds or between dogs, bears, or other animals.
   22         (b) “Baiting” means to attack with violence, to provoke, or
   23  to harass an animal with one or more animals for the purpose of
   24  training an animal for, or to cause an animal to engage in,
   25  fights with or among other animals. In addition, the term
   26  “baiting” means the use of live animals in the training of
   27  racing greyhounds.
   28         (c) “Person” has the same meaning as in s. 1.01 means every
   29  natural person, firm, copartnership, association, or
   30  corporation.
   31         (3) A Any person who knowingly commits any of the following
   32  acts commits a felony of the third degree, punishable as
   33  provided in s. 775.082, s. 775.083, or s. 775.084:
   34         (a) Baiting, breeding, training, transporting, selling,
   35  owning, possessing, or using a any wild or domestic animal for
   36  the purpose of animal fighting or baiting.;
   37         (b) Owning, possessing, or selling equipment or
   38  paraphernalia for use in an any activity described in paragraph
   39  (a), including, but not limited to:;
   40         1. A pen, pit, ring, or other enclosure;
   41         2. Gaffs, sparring gloves, muffs, blades, slashers, or
   42  other implements designed to be attached to a bird in the
   43  location of its natural spurs;
   44         3. Betting slips, documentation, and records relating to
   45  fights, training and fighting literature, and fight trophies or
   46  awards; or
   47         4. A slat mill, treadmill, cat mill, jenny, rape stand,
   48  spring pole, flirt pole, break stick, supplements, drugs, or
   49  scales when found in combination with or in proximity to any
   50  other item listed in subparagraphs 1.-3.
   51         (c) Owning, leasing, managing, operating, or having control
   52  of any property kept or used for an any activity described in
   53  paragraph (a) or paragraph (b).;
   54         (d) Promoting, staging, advertising, or charging an any
   55  admission fee to a fight or baiting between two or more
   56  animals.;
   57         (e) Performing any service or act to facilitate animal
   58  fighting or baiting, including, but not limited to, providing
   59  security, refereeing, or handling or transporting an animal
   60  animals or being a stakeholder of any money wagered on animal
   61  fighting or baiting.;
   62         (f) Removing or facilitating the removal of an any animal
   63  impounded under this section from an agency where the animal is
   64  impounded or from a location designated by the court under
   65  subsection (5) (4), subsection (6) (5), or paragraph (8)(a)
   66  subsection (7), without the prior authorization of the court.;
   67         (g) Betting or wagering any money or other valuable
   68  consideration on the fighting or baiting of an animal. animals;
   69  or
   70         (h) Attending the fighting or baiting of animals.
   71  
   72  Notwithstanding any provision of this subsection to the
   73  contrary, possession of the animal alone does not constitute a
   74  violation of this section.
   75         (4) In determining whether an object is animal fighting
   76  paraphernalia, a court shall consider, in addition to all other
   77  logically relevant factors:
   78         (a) Statements by the owner or the person in control of the
   79  object concerning its use.
   80         (b) The proximity of the object, in time and space, to a
   81  violation of subsection (3).
   82         (c) The proximity of the object to an animal fight.
   83         (d) The existence of any blood on the object.
   84         (e) Direct or circumstantial evidence of the intent of the
   85  owner or person in control of the object to deliver the object
   86  to a person who he or she knows, or should reasonably know,
   87  intends to use the object to facilitate a violation of this
   88  section.
   89         (f) Instructions, oral or written, provided with the object
   90  concerning its use.
   91         (g) Descriptive materials accompanying the object which
   92  explain or depict its use.
   93         (h) Any advertising concerning its use.
   94         (i) The manner in which the object is displayed for sale.
   95         (j) The existence and scope of legitimate uses for the
   96  object in the community.
   97         (k) Expert testimony concerning its use.
   98  
   99  A conviction for a violation of paragraph (3)(a) is not required
  100  in order for a court to find that the object is intended for
  101  use, or designed for use, as animal fighting paraphernalia.
  102         (5)(4) If a court finds probable cause to believe that a
  103  violation of this section or s. 828.12 has occurred, the court
  104  shall order the seizure of any animal animals and equipment used
  105  in committing the violation and shall provide for appropriate
  106  and humane care or disposition of the animal animals. This
  107  subsection does is not limit a limitation on the authority power
  108  to seize an animal animals as evidence at the time of arrest.
  109         (6)(5) If an animal shelter or other location is
  110  unavailable, a court may order the animal to be impounded on the
  111  property of its owner or possessor and shall order the such
  112  person to provide all necessary care for the animal and to allow
  113  regular inspections of the animal by a person designated by the
  114  court.
  115         (7)(6) If a veterinarian finds that an animal kept or used
  116  in violation of this section is suffering from an injury or a
  117  disease severe enough that it is not possible to humanely house
  118  and care for the animal pending completion of a hearing held
  119  under s. 828.073(2), final disposition of the criminal charges,
  120  or court-ordered forfeiture, the veterinarian may euthanize the
  121  animal as specified in s. 828.058. A veterinarian licensed to
  122  practice in this state shall be held harmless from criminal or
  123  civil liability for a decision any decisions made or services
  124  rendered under this subsection.
  125         (8)(a)(7) If an animal can be housed in a humane or
  126  reasonable manner, the provisions of s. 828.073 applies shall
  127  apply.
  128         (b) If a court finds that an animal seized pursuant to this
  129  section cannot be housed in a humane or reasonable manner
  130  unrelated to the animal’s injury or disease, the court may order
  131  that the animal be euthanized as specified in s. 828.058 by a
  132  veterinarian licensed to practice in this state.
  133         (c) For the purpose of a hearing held provided pursuant to
  134  s. 828.073(2), an any animal baited, bred, trained, transported,
  135  sold, owned, possessed, or used for the purpose of animal
  136  fighting or baiting shall be considered mistreated.
  137         (9)(8) In addition to other penalties prescribed by law,
  138  the court may issue an order prohibiting a person who is
  139  convicted of violating a violation of this section from owning,
  140  possessing, keeping, harboring, or having custody or control
  141  over any animal animals within the species that is are the
  142  subject of the conviction, or an animal any animals kept for the
  143  purpose of fighting or baiting, for a period of time determined
  144  by the court.
  145         (10)(9) This section does shall not apply to a person:
  146         (a) Any person Simulating a fight for the purpose of using
  147  the simulated fight as part of a motion picture which will be
  148  used on television or in a motion picture if, provided s. 828.12
  149  is not violated.
  150         (b) Any person Using animals to pursue or take wildlife or
  151  to participate in any hunting regulated or subject to being
  152  regulated by the rules and regulations of the Fish and Wildlife
  153  Conservation Commission.
  154         (c) Any person Using animals to work livestock for
  155  agricultural purposes.
  156         (d) Any person Violating s. 828.121.
  157         (e) Any person Using dogs to hunt wild hogs or to retrieve
  158  domestic hogs pursuant to customary hunting or agricultural
  159  practices.
  160         (11)(10) This section does shall not prohibit, impede, or
  161  otherwise interfere with recognized animal husbandry and
  162  training techniques or practices not otherwise specifically
  163  prohibited by law.
  164         Section 2. This act shall take effect October 1, 2012.