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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 animal abusers; creating s. 2
943.0425, F.S.; providing definitions; requiring the 3
Department of Law Enforcement to post a publicly 4
accessible animal abuser registry on its website of 5
persons convicted of animal abuse offenses; 6
prohibiting the registry from including certain 7
information; requiring the clerk of the court in each 8
county to forward certain notice of a conviction for 9
an animal abuse offense to the department within a 10
specified time; providing requirements for the 11
registry; providing requirements for registered 12
abusers; prohibiting specified acts by registered 13
abusers; providing exceptions; prohibiting certain 14
persons and entities from selling, exchanging, or 15
otherwise transferring the ownership of an animal to a 16
registered abuser; providing exceptions; requiring the 17
maintenance of specified records; requiring the 18
department to provide certain annual notice to 19
specified entities; provid ing penalties for specified 20
violations; providing construction; amending ss. 21
828.12 and 828.126, F.S.; authorizing courts to 22
prohibit persons convicted of certain animal cruelty 23
or sexual activity with an animal violations from 24
having certain responsibilit ies for or association 25
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with an animal as a condition of probation; providing 26
an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Section 943.0425, Florida Statutes, is created 31
to read: 32
943.0425 Animal abuser registration.— 33
(1) As used in this section, the term: 34
(a) "Abuser" or "animal abuser" means an adult as defined 35
in s. 985.03 who has been convicted in this state of committing 36
an animal abuse offense. 37
(b) "Animal" means a dog of the species Canis familiaris, 38
a cat of the species Felis catus, a pet normally maintained in 39
or near the household of its owner, a domesticated animal, 40
previously captured wildlife, an exotic animal, or any other pet 41
including, but not limited to, a rabbit, chick, duck, or 42
potbellied pig. 43
(c) "Animal abuse offense" means a violation of: 44
1. Section 828.12, relating to cruelty to animals. 45
2. Section 828.122, relating to fighting or baiting 46
animals. 47
3. Section 828.123, relating to killing a dog or cat with 48
the intent to sell or give away its pelt. 49
4. Section 828.125, relating to killing or aggravated 50
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abuse of horses or cattle. 51
5. Section 828.126, relating to sexual activities 52
involving animals. 53
6. Section 828.13, relating to confinement of animals 54
without sufficient f ood, water, or exercise or abandonment of an 55
animal. 56
(d) "Companion animal" means a domesticated or tamed 57
animal intended to provide companionship, to be used for 58
personal use or enjoyment, or to be raised for nonagricultural 59
purposes. The term does not include a service animal or any 60
other animal or wildlife under the exclusive jurisdiction of the 61
state. 62
(e) "Conviction" has the same meaning as in s. 775.21(2). 63
(f) "Farm animal" means a horse or an animal used in the 64
production of human or animal food, feed, or fiber regardless of 65
whether the horse or animal is actually being used or raised for 66
such purposes. 67
(g) "Pet dealer" means: 68
1. A pet dealer as defined in s. 828.29(13); or 69
2. An animal shelter, humane organizat ion, or animal 70
control agency operated by a humane organization that receives 71
funds from the state or from a political subdivision of the 72
state and that, in the ordinary course of business, engages in 73
the sale or adoption of animals. 74
(h) "Registered bree d association" means an association 75
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formed and perpetuated for the maintenance of records of 76
purebreeding of a specific breed of animals whose 77
characteristics are set forth in constitutions, bylaws, or other 78
rules of the association. 79
(i) "Service animal" means a dog or miniature horse that 80
has been individually trained to do work or perform tasks for a 81
person with a disability as defined in the Americans with 82
Disabilities Act, 42 U.S.C. s. 12102. 83
(2)(a) Beginning on January 1, 2023, the department shall 84
post a publicly accessible animal abuser registry on its website 85
that includes each person convicted of an animal abuse offense 86
on or after that date. 87
(b)1. The registry must include all of the information 88
specified in subsection (3). 89
2. The registry may not include the abuser's social 90
security number, driver license number, or any other state or 91
federal identification number. 92
(c) The clerk of the court in each county shall forward a 93
copy of the judgment and date of birth of each abuser to the 94
department within 30 calendar days after the date of conviction 95
of the abuser. 96
(d) The registry shall include the required information 97
about each abuser from the date of his or her release from 98
incarceration or, if he or she is not incarcerated, from the 99
date of his or her conviction: 100
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1. For a period of 3 years for a first conviction of a 101
misdemeanor animal abuse offense. 102
2. For a period of 5 years for a first conviction of a 103
felony animal abuse offense. 104
3. For a period of 10 years for a second or subsequ ent 105
conviction of a misdemeanor or felony animal abuse offense. 106
(e) Upon notification to the department that the criminal 107
records of an abuser have been expunged or of a successful 108
appeal of a conviction of an animal abuse offense by a 109
registered abuser, the department shall remove the registered 110
abuser's information from the registry within 10 business days 111
after such notification. 112
(3)(a) An abuser shall register with the department by 113
personally appearing at the sheriff's office in the county in 114
which he or she resides to provide the following information: 115
1. Full legal name and any aliases he or she may be known 116
by. 117
2. Current or anticipated residence address. 118
3. Date of birth. 119
4. A photograph of the front of his or her head and 120
shoulders. 121
5. A copy of his or her judgment to confirm the animal 122
abuse offense, the date of his or her conviction, and the 123
sentence imposed upon him or her. 124
(b) Every registered abuser shall personally appear at the 125
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sheriff's office in the county in which he or she resides to 126
update his or her registry information within 10 business days 127
after any change in his or her residence address or name. 128
(c) A registered abuser shall personally appear at the 129
sheriff's office in the county in which he or she resides to 130
renew his or her registration information annually on the 131
anniversary date of his or her initial registration or, if his 132
or her anniversary date falls on a Saturday, Sunday, or legal 133
holiday, on the first business day following his or her 134
anniversary date. At such time, the registered abuser's 135
photograph and information shall be reviewed to verify accuracy. 136
(4)(a) A registered abuser may not own, possess, or reside 137
in the same residence with or on the same property as an animal 138
unless otherwise provided i n a court order. 139
(b) A registered abuser may not work with a companion 140
animal, with or without compensation, unless otherwise provided 141
in a court order. 142
(c) A registered abuser who has been determined by a court 143
to be unfit to have custody of an animal pursuant to s. 828.073 144
shall also be bound by the determinations of the court if that 145
determination was made pursuant to the same underlying facts 146
resulting in the conviction that requires the abuser to register 147
with the department. 148
(d) The state may, a t any time it deems necessary, enforce 149
or, notwithstanding any other court order, obtain a court order 150
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enjoining a registered abuser from owning, possessing, or 151
residing in the same residence with or on the same property as 152
an animal or working with a comp anion animal, with or without 153
compensation. 154
(e) This subsection does not apply to farm animals or 155
service animals unless there is an enjoinment order or an animal 156
abuse offense pertaining directly to farm animals or service 157
animals. 158
(5)(a) A pet dealer, person, or entity located in the 159
state may not knowingly sell, exchange, or otherwise transfer 160
the ownership of an animal to a registered abuser. 161
(b) Before the sale, exchange, or other transfer of the 162
ownership of an animal, the pe t dealer, person, or entity shall 163
take whatever steps necessary to ensure that the animal is not 164
being sold, exchanged, or otherwise transferred to a registered 165
abuser. 166
(c) Such steps shall include, but are not limited to, 167
posting, when possible, current signage displaying registered 168
abusers in well-trafficked, highly visible areas for public 169
viewing and in employee stock or break areas, notifying law 170
enforcement upon the recognition of a registered abuser who 171
obtained an animal in violation of this secti on, and requiring a 172
person to sign an affidavit attesting that he or she is not a 173
registered abuser before obtaining an animal. 174
(d) The pet dealer, person, or entity shall be required to 175
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maintain the required affidavits and other adequate records and 176
supporting documentation for 3 years or in accordance with the 177
required retention time set forth by business standards and 178
practices governing the particular commercial establishment and 179
record, whichever is greater, to ensure compliance with this 180
section. The state and its authorized agents may examine all 181
such records and documentation relating to compliance with this 182
section, and the pet dealer, person, or entity may be required 183
to cooperate and permit the county to examine all such records 184
and documentation relating to compliance with this section. 185
(e) It is not a violation of this section if the pet 186
dealer, person, or entity checked the registry on the 187
department's website and the abuser's name was not included in 188
the registry. 189
(f) This subsection does not apply to farm animals or 190
service animals. 191
(6) Beginning in 2024, the department shall annually 192
notify the leading registered breed associations for animals 193
covered by this section that an animal abuser registry exists 194
and encourage the associations to urge their members not to 195
sell, exchange, or otherwise transfer the ownership of an animal 196
to a registered abuser. The notice may be in electronic form. 197
(7) The department shall annually notify all pet dealers 198
as provided in subsection (8). The notice may be in electronic 199
form. 200
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(8) The annual notification specified in subsection (7) 201
shall notify all pet dealers: 202
(a) That an animal abuser registry exists that is 203
maintained by the department. 204
(b) Of new registered abusers. 205
(9)(a) An abuser who is required to initially register 206
with the department, update changes in his or her residence 207
address or name with the registry, annually renew his or her 208
registry information, comply with the prohibition on contact 209
with certain animals, or comply with any c ourt-issued enjoinment 210
order under this section and who fails to do so commits a 211
misdemeanor of the second degree, punishable as provided in s. 212
775.082 or s. 775.083. 213
(b) Each day of a continuing violation constitutes a 214
separate violation. 215
(10) A pet dealer, person, or entity that knowingly sells, 216
exchanges, or otherwise transfers the ownership of an animal to 217
a registered abuser in violation of this section shall be 218
penalized in the following manner: 219
(a) For the first offense, a written warning. 220
(b) For a second offense, a fine of up to $500 shall be 221
imposed. 222
(c) For a third or any subsequent violation, the pet 223
dealer, person, or entity commits a misdemeanor of the second 224
degree, punishable as provided in s. 775.082 or s. 775.083. 225
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(11) Subsections (9) and (10) do not prevent the state 226
from taking such other lawful action in law and equity as may be 227
necessary to remedy any violation of, or refusal to comply with, 228
any part of this section, including, but not limited to, pursuit 229
of injunctive or dec laratory relief or enjoinment, or other 230
equitable relief in a court of competent jurisdiction, or 231
initiating an action to recover any and all damages that may 232
result from a violation of, or refusal to comply with, any part 233
of this section. 234
Section 2. Subsection (2) of section 828.12, Florida 235
Statutes, is amended to read: 236
828.12 Cruelty to animals. — 237
(2) A person who intentionally commits an act to any 238
animal, or a person who owns or has the custody or control of 239
any animal and fails to act, which res ults in the cruel death, 240
or excessive or repeated infliction of unnecessary pain or 241
suffering, or causes the same to be done, commits aggravated 242
animal cruelty, a felony of the third degree, punishable as 243
provided in s. 775.082 or by a fine of not more tha n $10,000, or 244
both. 245
(a) A person convicted of a violation of this subsection, 246
where the finder of fact determines that the violation includes 247
the knowing and intentional torture or torment of an animal that 248
injures, mutilates, or kills the animal, shall be ordered to pay 249
a minimum mandatory fine of $2,500 and undergo psychological 250
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counseling or complete an anger management treatment program. 251
(b) A person convicted of a second or subsequent violation 252
of this subsection shall be required to pay a minimum mandatory 253
fine of $5,000 and serve a minimum mandatory period of 254
incarceration of 6 months. In addition, the person shall be 255
released only upon expiration of sentence, is not eligible for 256
parole, control release, or any form of early release, and must 257
serve 100 percent of the court -imposed sentence. Any plea of 258
nolo contendere shall be considered a conviction for purposes of 259
this subsection. 260
(c) As a condition of probation, a court may prohibit a 261
person who violates this subsection from owning, possessin g, 262
maintaining, having custody of, residing with, or caring for an 263
animal. 264
Section 3. Section 828.126, Florida Statutes, is amended 265
to read: 266
828.126 Sexual activities involving animals. — 267
(1) As used in this section, the term: 268
(a) "Sexual conduct" means any touching or fondling by a 269
person, either directly or through clothing, of the sex organs 270
or anus of an animal or any transfer or transmission of semen by 271
the person upon any part of the animal for the purpose of sexual 272
gratification or arousal o f the person. 273
(b) "Sexual contact" means any contact, however slight, 274
between the mouth, sex organ, or anus of a person and the sex 275
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organ or anus of an animal, or any penetration, however slight, 276
of any part of the body of the person into the sex organ or anus 277
of an animal, or any penetration of the sex organ or anus of the 278
person into the mouth of the animal, for the purpose of sexual 279
gratification or sexual arousal of the person. 280
(2) A person may not: 281
(a) Knowingly engage in any sexual conduct or sexual 282
contact with an animal; 283
(b) Knowingly cause, aid, or abet another person to engage 284
in any sexual conduct or sexual contact with an animal; 285
(c) Knowingly permit any sexual conduct or sexual contact 286
with an animal to be conducted on any premises under his or her 287
charge or control; or 288
(d) Knowingly organize, promote, conduct, advertise, aid, 289
abet, participate in as an observer, or perform any service in 290
the furtherance of an act involving any sexual conduct or sexual 291
contact with an animal for a commercial or recreational purpose. 292
(3) A person who violates this section commits a 293
misdemeanor of the first degree, punishable as provided in s. 294
775.082 or s. 775.083. 295
(4) As a condition of proba tion, a court may prohibit a 296
person who violates this section from owning, possessing, 297
maintaining, having custody of, residing with, or caring for an 298
animal. 299
(5)(4) This section does not apply to accepted animal 300
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husbandry practices, conformation judging practices, or accepted 301
veterinary medical practices. 302
Section 4. This act shall take effect October 1, 2022. 303