Florida 2025 2025 Regular Session

Florida House Bill H0263 Introduced / Bill

Filed 01/27/2025

                       
 
HB 263   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to animal cruelty; amending s. 828.12, 2 
F.S.; prohibiting a person from confining an animal in 3 
an unattended motor vehicle under certain 4 
circumstances; providing a criminal penalty; making 5 
technical changes; providing an effective date. 6 
 7 
Be It Enacted by the Legislature of the State of Florida: 8 
 9 
 Section 1. Section 828.12, Florida Statutes, is reordered 10 
and amended to read: 11 
 828.12  Cruelty to animals.— 12 
 (1)  ANIMAL CRUELTY.—A person who does any of the following 13 
commits animal cruelty, a misdemeanor of the first degree, 14 
punishable as provided in s. 775.082 or by a fine of not more 15 
than $5,000, or both: 16 
 (a) Unnecessarily overloads, overdrives, torments, 17 
deprives of necessary sustenance or shelter, or unnecessarily 18 
mutilates, or kills any animal, or causes the same to be done, 19 
or carries in or upon any vehicle , or otherwise, any animal in a 20 
cruel or inhumane manner . 21 
 (b)  Intentionally, knowingly, or recklessly confines an 22 
animal in an unattended motor vehicle under conditions that 23 
endanger the health or well -being of the animal due to the 24 
animal being exposed to temperatures so high or so low that a 25     
 
HB 263   	2025 
 
 
 
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person could reasonably expect the animal to experience 26 
suffering, disability, or death , commits animal cruelty, a 27 
misdemeanor of the first degree, punishable as provided in s. 28 
775.082 or by a fine of not more than $5,000, or both . 29 
 (2)  AGGRAVATED ANIMAL CRUELTY. —A person who intentionally 30 
commits an act to any animal, or a person who owns or has the 31 
custody or control of any animal and fails to act, which results 32 
in the cruel death, or excessive or repeated infliction of 33 
unnecessary pain or suffering, or causes the same to be done, 34 
commits aggravated animal cruelty, a felony of the third degree, 35 
punishable as provided in s. 775.082 or by a fine of not more 36 
than $10,000, or both. 37 
 (a)  A person convicted of a violation of this subsection, 38 
where the finder of fact determines that the violatio n includes 39 
the knowing and intentional torture or torment of an animal 40 
which that injures, mutilates, or kills the animal, must shall 41 
be ordered to pay a minimum mandatory fine of $2,500 and undergo 42 
psychological counseling or complete an anger management 43 
treatment program. 44 
 (b)  A person convicted of a second or subsequent violation 45 
of this subsection must shall be required to pay a minimum 46 
mandatory fine of $5,000 and serve a minimum mandatory period of 47 
incarceration of 6 months. In addition, the person s hall be 48 
released only upon expiration of sentence, is not eligible for 49 
parole, control release, or any form of early release, and must 50     
 
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serve 100 percent of the court -imposed sentence. Any plea of 51 
nolo contendere is shall be considered a conviction for purp oses 52 
of this subsection. 53 
 (5)(3) SEPARATE OFFENSES.—A person who commits multiple 54 
acts of animal cruelty or aggravated animal cruelty against an 55 
animal may be charged with a separate offense for each such act. 56 
A person who commits animal cruelty or aggrav ated animal cruelty 57 
against more than one animal may be charged with a separate 58 
offense for each animal such cruelty was committed upon. 59 
 (4)  VETERINARIANS.—A veterinarian licensed to practice in 60 
the state shall be held harmless from either criminal or ci vil 61 
liability for any decisions made or services rendered under the 62 
provisions of this section. Such a veterinarian is, therefore, 63 
under this subsection , immune from a lawsuit for his or her part 64 
in an investigation of cruelty to animals. 65 
 (3)(5) AGGRAVATED ANIMAL CRUELTY OF A HORSE. —A person who 66 
intentionally trips, fells, ropes, or lassos the legs of a horse 67 
by any means for the purpose of entertainment or sport commits 68 
aggravated animal cruelty, a felony of the third degree, 69 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 70 
As used in this subsection, the term "trip" means any act that 71 
consists of the use of any wire, pole, stick, rope, or other 72 
apparatus to cause a horse to fall or lose its balance, and the 73 
term "horse" means any animal o f any registered breed of the 74 
genus Equus, or any recognized hybrid thereof. This subsection 75     
 
HB 263   	2025 
 
 
 
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does not apply when tripping is used: 76 
 (a)  To control a horse that is posing an immediate threat 77 
to other livestock or human beings; 78 
 (b)  For the purpose of identifying ownership of the horse 79 
when its ownership is unknown; or 80 
 (c)  For the purpose of administering veterinary care to 81 
the horse. 82 
 (6)  ADDITIONAL PENALTIES. —In addition to other penalties 83 
prescribed by law, a person who is convicted of violating a 84 
violation of this section may be prohibited by the court from 85 
owning, possessing, keeping, harboring, or having custody or 86 
control over any animal for a period of time determined by the 87 
court. 88 
 Section 2. This act shall take effect October 1, 2025. 89