HB 121 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to aggravated animal cruelty; amending 2
s. 828.12, F.S.; prohibiting certain acts against an 3
animal while engaged in specified offenses; 4
prohibiting the unlawful killing of an animal 5
belonging to a family member; providing criminal 6
penalties; amending s. 921.0022, F.S.; conforming 7
provisions to changes made by the act; providing an 8
effective date. 9
10
Be It Enacted by the Legislature of th e State of Florida: 11
12
Section 1. Subsections (2) through (6) of section 828.12, 13
Florida Statutes, are renumbered as subsections (3) through (7), 14
respectively, present subsection (2) is amended, and a new 15
subsection (2) is added to that section, to read: 16
828.12 Cruelty to animals. — 17
(2) A person who intentionally and knowingly, without 18
lawful cause or justification, causes great bodily harm; 19
permanent disability; or death or uses a deadly weapon upon, any 20
animal, or causes the same to be done, while en gaged in the 21
perpetration of, or in the attempt to perpetrate, any: 22
(a) Arson; 23
(b) Sexual battery; 24
(c) Robbery; 25
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(d) Burglary; 26
(e) Kidnapping; 27
(f) Escape; 28
(g) Aggravated child abuse; 29
(h) Aggravated abuse of an elderly person or disabled 30
adult; 31
(i) Aircraft piracy; 32
(j) Unlawful throwing, placing, or discharging of a 33
destructive device or bomb; 34
(k) Carjacking; 35
(l) Home-invasion robbery; 36
(m) Aggravated stalking; 37
(n) Murder of a human being; 38
(o) Resisting an officer with violence to his or her 39
person; 40
(p) Aggravated fleeing or eluding with serious bodily 41
injury or death; 42
(q) Felony that is an act of terrorism or is in 43
furtherance of an act of terrorism, including a felony under s. 44
775.30, s. 775.32, s. 775.33, s. 775.34, or s. 77 5.35; 45
(r) Human trafficking; 46
(s) Treason; 47
(t) Manslaughter of a human being; 48
(u) Aggravated assault; 49
(v) Aggravated battery; 50
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(w) Crime of domestic violence as defined in s. 741.28; or 51
(x) Other felonies which involve the use or threat of 52
physical force or violence against an individual, 53
54
commits aggravated animal cruelty, a felony of the third degree, 55
punishable as provided in s. 775.082 or by a fine of not more 56
than $10,000. 57
(3)(a)1.a.(2) A person who intentionally commits an act to 58
any animal;, or a person 59
b. Who owns or has the custody or control of any animal 60
and fails to act, 61
62
which results in the cruel death, or excessive or repeated 63
infliction of unnecessary pain or suffering ; or 64
2. Who unlawfully kills any animal that is in the c are, 65
possession, or control of a family or household member, as 66
defined s. 741.28, regardless of the pain or suffering inflicted 67
upon the animal or caused to be done, when perpetrated by an act 68
imminently dangerous to any animal and evincing a depraved 69
mind;, or 70
3. Who causes the same to be done, 71
72
commits aggravated animal cruelty, a felony of the third degree, 73
punishable as provided in s. 775.082 or by a fine of not more 74
than $10,000, or both. 75
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(b)(a) A person convicted of a violation of this 76
subsection, where the finder of fact determines that the 77
violation includes the knowing and intentional torture or 78
torment of an animal that injures, mutilates, or kills the 79
animal, shall be ordered to pay a minimum mandatory fine of 80
$2,500 and undergo psychologica l counseling or complete an anger 81
management treatment program. 82
(c)(b) A person convicted of a second or subsequent 83
violation of this subsection shall be required to pay a minimum 84
mandatory fine of $5,000 and serve a minimum mandatory period of 85
incarceration of 6 months. In addition, the person shall be 86
released only upon expiration of sentence, is not eligible for 87
parole, control release, or any form of early release, and must 88
serve 100 percent of the court -imposed sentence. Any plea of 89
nolo contendere shall be considered a conviction for purposes of 90
this subsection. 91
Section 2. Paragraph (e) of subsection (3) of section 92
921.0022, Florida Statutes, is amended to read: 93
921.0022 Criminal Punishment Code; offense severity 94
ranking chart.— 95
(3) OFFENSE SEVERITY RANKING CHART 96
(e) LEVEL 5 97
98
Florida
Statute
Felony
Degree Description
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99
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
100
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
101
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
102
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
103
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
104
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
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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.
105
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
106
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
107
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
108
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
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440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
110
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
111
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
112
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
113
790.01(2) 3rd Carrying a concealed firearm.
114
790.162 2nd Threat to throw or discharge
destructive device.
115
790.163(1) 2nd False report of bomb,
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explosive, weapon of mass
destruction, or use of firearms
in violent manner.
116
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
117
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
118
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
119
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
120
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
121
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
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property.
122
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
123
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
124
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
125
812.081(3) 2nd Trafficking in trade secrets.
126
812.131(2)(b) 3rd Robbery by sudden snatching.
127
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
128
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
129
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
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$100,000.
130
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.
131
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.
132
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
133
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
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skimming device, or reencoder.
134
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
135
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes sexual conduct by a
child.
136
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
sexual conduct by a child.
137
828.12(3)
828.12(2)
3rd Aggravated animal cruelty
Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
138
839.13(2)(b) 2nd Falsifying records of an
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individual in the care and
custody of a state agency
involving great bodily harm or
death.
139
843.01 3rd Resist officer with violence to
person; resist arrest with
violence.
140
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
141
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
142
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
143
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
144
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874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
145
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)5.
drugs).
146
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)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (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.
147
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
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893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
148
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)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
149
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)5.
drugs) within 1,000 feet of
public housing facility.
150
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
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substance.
151
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
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Section 3. This act shall take effect October 1, 2022. 153