Florida 2025 Regular Session

Florida House Bill H0263 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to animal cruelty; amending s. 828.12, 2
1616 F.S.; prohibiting a person from confining an animal in 3
1717 an unattended motor vehicle under certain 4
1818 circumstances; providing a criminal penalty; making 5
1919 technical changes; providing an effective date. 6
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2121 Be It Enacted by the Legislature of the State of Florida: 8
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2323 Section 1. Section 828.12, Florida Statutes, is reordered 10
2424 and amended to read: 11
2525 828.12 Cruelty to animals.— 12
2626 (1) ANIMAL CRUELTY.—A person who does any of the following 13
2727 commits animal cruelty, a misdemeanor of the first degree, 14
2828 punishable as provided in s. 775.082 or by a fine of not more 15
2929 than $5,000, or both: 16
3030 (a) Unnecessarily overloads, overdrives, torments, 17
3131 deprives of necessary sustenance or shelter, or unnecessarily 18
3232 mutilates, or kills any animal, or causes the same to be done, 19
3333 or carries in or upon any vehicle , or otherwise, any animal in a 20
3434 cruel or inhumane manner . 21
3535 (b) Intentionally, knowingly, or recklessly confines an 22
3636 animal in an unattended motor vehicle under conditions that 23
3737 endanger the health or well -being of the animal due to the 24
3838 animal being exposed to temperatures so high or so low that a 25
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4747 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
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5151 person could reasonably expect the animal to experience 26
5252 suffering, disability, or death , commits animal cruelty, a 27
5353 misdemeanor of the first degree, punishable as provided in s. 28
5454 775.082 or by a fine of not more than $5,000, or both . 29
5555 (2) AGGRAVATED ANIMAL CRUELTY. —A person who intentionally 30
5656 commits an act to any animal, or a person who owns or has the 31
5757 custody or control of any animal and fails to act, which results 32
5858 in the cruel death, or excessive or repeated infliction of 33
5959 unnecessary pain or suffering, or causes the same to be done, 34
6060 commits aggravated animal cruelty, a felony of the third degree, 35
6161 punishable as provided in s. 775.082 or by a fine of not more 36
6262 than $10,000, or both. 37
6363 (a) A person convicted of a violation of this subsection, 38
6464 where the finder of fact determines that the violatio n includes 39
6565 the knowing and intentional torture or torment of an animal 40
6666 which that injures, mutilates, or kills the animal, must shall 41
6767 be ordered to pay a minimum mandatory fine of $2,500 and undergo 42
6868 psychological counseling or complete an anger management 43
6969 treatment program. 44
7070 (b) A person convicted of a second or subsequent violation 45
7171 of this subsection must shall be required to pay a minimum 46
7272 mandatory fine of $5,000 and serve a minimum mandatory period of 47
7373 incarceration of 6 months. In addition, the person s hall be 48
7474 released only upon expiration of sentence, is not eligible for 49
7575 parole, control release, or any form of early release, and must 50
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8484 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
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8888 serve 100 percent of the court -imposed sentence. Any plea of 51
8989 nolo contendere is shall be considered a conviction for purp oses 52
9090 of this subsection. 53
9191 (5)(3) SEPARATE OFFENSES.—A person who commits multiple 54
9292 acts of animal cruelty or aggravated animal cruelty against an 55
9393 animal may be charged with a separate offense for each such act. 56
9494 A person who commits animal cruelty or aggrav ated animal cruelty 57
9595 against more than one animal may be charged with a separate 58
9696 offense for each animal such cruelty was committed upon. 59
9797 (4) VETERINARIANS.—A veterinarian licensed to practice in 60
9898 the state shall be held harmless from either criminal or ci vil 61
9999 liability for any decisions made or services rendered under the 62
100100 provisions of this section. Such a veterinarian is, therefore, 63
101101 under this subsection , immune from a lawsuit for his or her part 64
102102 in an investigation of cruelty to animals. 65
103103 (3)(5) AGGRAVATED ANIMAL CRUELTY OF A HORSE. —A person who 66
104104 intentionally trips, fells, ropes, or lassos the legs of a horse 67
105105 by any means for the purpose of entertainment or sport commits 68
106106 aggravated animal cruelty, a felony of the third degree, 69
107107 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 70
108108 As used in this subsection, the term "trip" means any act that 71
109109 consists of the use of any wire, pole, stick, rope, or other 72
110110 apparatus to cause a horse to fall or lose its balance, and the 73
111111 term "horse" means any animal o f any registered breed of the 74
112112 genus Equus, or any recognized hybrid thereof. This subsection 75
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121121 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
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125125 does not apply when tripping is used: 76
126126 (a) To control a horse that is posing an immediate threat 77
127127 to other livestock or human beings; 78
128128 (b) For the purpose of identifying ownership of the horse 79
129129 when its ownership is unknown; or 80
130130 (c) For the purpose of administering veterinary care to 81
131131 the horse. 82
132132 (6) ADDITIONAL PENALTIES. —In addition to other penalties 83
133133 prescribed by law, a person who is convicted of violating a 84
134134 violation of this section may be prohibited by the court from 85
135135 owning, possessing, keeping, harboring, or having custody or 86
136136 control over any animal for a period of time determined by the 87
137137 court. 88
138138 Section 2. This act shall take effect October 1, 2025. 89