Bill Text: FL S2032 | 2011 | Regular Session | Introduced
Bill Title: Fighting or Baiting Animals
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S2032 Detail]
Download: Florida-2011-S2032-Introduced.html
Florida Senate - 2011 SB 2032 By Senator Braynon 33-01610A-11 20112032__ 1 A bill to be entitled 2 An act relating to fighting or baiting animals; 3 amending s. 828.122, F.S.; correcting a cross 4 reference; providing a rebuttable presumption that an 5 animal has been trained or used for fighting if 6 certain facts are proven; providing that a county or 7 agency is not liable for the cost of an animal seized 8 and awarded custody to the county or agency pursuant 9 to a court order under specified provisions; providing 10 an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsections (4) through (10) of section 15 828.122, Florida Statutes, are renumbered as subsections (5) 16 through (11), respectively, a new subsection (4) is added to 17 that section, and present paragraph (f) of subsection (3) and 18 subsection (7) of that section are amended, to read: 19 828.122 Fighting or baiting animals; offenses; penalties.— 20 (3) Any person who knowingly commits any of the following 21 acts commits a felony of the third degree, punishable as 22 provided in s. 775.082, s. 775.083, or s. 775.084: 23 (f) Removing or facilitating the removal of any animal 24 impounded under this section from an agency where the animal is 25 impounded or from a location designated by the court under 26 subsection (5)(4), subsection (6)(5), or subsection (8)(7), 27 without the prior authorization of the court; 28 29 Notwithstanding any provision of this subsection to the 30 contrary, possession of the animal alone does not constitute a 31 violation of this section. 32 (4) There is a rebuttable presumption that an animal has 33 been trained or used for fighting if: 34 (a) The animal exhibits fresh wounds, scarring, or other 35 specific indications that the animal has been or will be used 36 for fighting; or 37 (b) A person possesses training apparatus, paraphernalia, 38 or drugs known to be used to prepare an animal to be fought or 39 known to be used during an actual fight. Training apparatus or 40 paraphernalia may include, but are not limited to, a gaff, a 41 slasher, or any other sharp implement designed to be attached in 42 place of the natural spur of a gamecock or other fighting bird, 43 the possession of sparring muffs, or a fighting pit. 44 (8)(7)If an animal can be housed in a humane manner, the 45 provisions of s. 828.073shallapply. For the purpose of a 46 hearing provided pursuant to s. 828.073(2), any animal baited, 47 bred, trained, transported, sold, owned, possessed, or used for 48 the purpose of animal fighting or baiting shall be considered 49 mistreated. The county or agency is not liable for the cost of 50 an animal seized and awarded custody to the county or agency 51 pursuant to a court order under this section. 52 Section 2. This act shall take effect October 1, 2011.