Florida 2025 2025 Regular Session

Florida House Bill H1395 Introduced / Bill

Filed 02/27/2025

                       
 
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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 cruelty offenses; creating 2 
s. 827.12, F.S.; prohibiting engaging in specified 3 
acts of animal cruelty in the presence of a child or 4 
causing or enticing a child to engage in such acts; 5 
providing criminal penalties; amending s. 921.0022, 6 
F.S.; increasing the offense severity ranking of the 7 
offense of fighting or ba iting animals; ranking the 8 
offense of subjecting a child to animal cruelty on the 9 
offense severity ranking chart of the Criminal 10 
Punishment Code; providing an effective date. 11 
 12 
Be It Enacted by the Legislature of the State of Florida: 13 
 14 
 Section 1.  Section 827.12, Florida Statutes, is created to 15 
read: 16 
 827.12 Subjecting a child to animal cruelty. —Any adult 17 
who: 18 
 (1)  Commits any act prohibited by s. 828.12(2), s. 19 
828.122, or s. 828.126 in the presence of a child; or 20 
 (2)  Causes or entices a child to commit any act prohibited 21 
by s. 828.12(2), s. 828.122, or s. 828.126,  22 
 23 
commits a felony of the third degree, punishable as provided in 24 
s. 775.082, s. 775.083, or s. 775.084. 25     
 
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 Section 2.  Paragraphs (a), (e), and (f) of subsection (3) 26 
of section 921.0022, Florida Statutes, are amended to read: 27 
 921.0022  Criminal Punishment Code; offense severity 28 
ranking chart.— 29 
 (3)  OFFENSE SEVERITY RANKING CHART 30 
 (a)  LEVEL 1 31 
 32 
Florida 
Statute 
Felony 
Degree 	Description 
 33 
24.118(3)(a) 3rd Counterfeit or altered state 
lottery ticket. 
 34 
104.0616(2) 3rd Unlawfully distributing, 
ordering, requesting, 
collecting, delivering, or 
possessing vote-by-mail 
ballots. 
 35 
212.054(2)(b) 3rd Discretionary sales surtax; 
limitations, administration, 
and collection. 
 36 
212.15(2)(b) 3rd Failure to remit sales taxes, 
amount $1,000 or more but less     
 
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than $20,000. 
 37 
316.1935(1) 3rd Fleeing or attempting to elude 
law enforcement officer. 
 38 
319.30(5) 3rd Sell, exchange, give away 
certificate of title or 
identification number plate. 
 39 
319.35(1)(a) 3rd Tamper, adjust, change, etc., 
an odometer. 
 40 
320.26(1)(a) 3rd Counterfeit, manufacture, or 
sell registration license 
plates or validation stickers. 
 41 
322.212 
  (1)(a)-(c) 
3rd Possession of forged, stolen, 
counterfeit, or unlawfully 
issued driver license; 
possession of simulated 
identification. 
 42 
322.212(4) 3rd Supply or aid in supplying 
unauthorized driver license or 
identification card.     
 
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 43 
322.212(5)(a) 3rd False application for driver 
license or identification card. 
 44 
414.39(3)(a) 3rd Fraudulent misappropriation of 
public assistance funds by 
employee/official, value more 
than $200. 
 45 
443.071(1) 3rd False statement or 
representation to obtain or 
increase reemployment 
assistance benefits. 
 46 
509.151(1) 3rd Defraud an innkeeper, food or 
lodging value $1,000 or more. 
 47 
517.302(1) 3rd Violation of the Florida 
Securities and Investor 
Protection Act. 
 48 
713.69 	3rd Tenant removes property upon 
which lien has accrued, value 
$1,000 or more. 
 49     
 
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812.014(3)(c) 3rd Petit theft (3rd conviction); 
theft of any property not 
specified in subsection (2). 
 50 
815.04(4)(a) 3rd Offense against intellectual 
property (i.e., computer 
programs, data). 
 51 
817.52(2) 3rd Hiring with intent to defraud, 
motor vehicle services. 
 52 
817.569(2) 3rd Use of public record or public 
records information or 
providing false information to 
facilitate commission of a 
felony. 
 53 
826.01 	3rd Bigamy. 
 54 
828.122(3) 3rd Fighting or baiting animals. 
 55 
831.04(1) 3rd Any erasure, alteration, etc., 
of any replacement deed, map, 
plat, or other document listed 
in s. 92.28.     
 
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 56 
831.31(1)(a) 3rd Sell, deliver, or possess 
counterfeit controlled 
substances, all but s. 
893.03(5) drugs. 
 57 
832.041(1) 3rd Stopping payment with intent to 
defraud $150 or more. 
 58 
832.05(2)(b) & 
  (4)(c) 
3rd Knowing, making, issuing 
worthless checks $150 or more 
or obtaining property in return 
for worthless check $150 or 
more. 
 59 
838.15(2) 3rd Commercial bribe receiving. 
 60 
838.16 	3rd Commercial bribery. 
 61 
843.18 	3rd Fleeing by boat to elude a law 
enforcement officer. 
 62 
847.011(1)(a) 3rd Sell, distribute, etc., 
obscene, lewd, etc., material 
(2nd conviction).     
 
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 63 
849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., 
or assist therein, conduct or 
advertise drawing for prizes, 
or dispose of property or money 
by means of lottery. 
 64 
849.23 	3rd Gambling-related machines; 
"common offender" as to 
property rights. 
 65 
849.25(2) 3rd Engaging in bookmaking. 
 66 
860.08 	3rd Interfere with a railroad 
signal. 
 67 
860.13(1)(a) 3rd Operate aircraft while under 
the influence. 
 68 
893.13(2)(a)2. 3rd Purchase of cannabis. 
 69 
893.13(6)(a) 3rd Possession of cannabis (more 
than 20 grams). 
 70 
934.03(1)(a) 3rd Intercepts, or procures any     
 
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other person to intercept, any 
wire or oral communication. 
 71 
 (e)  LEVEL 5 72 
 73 
Florida 
Statute 
Felony 
Degree 	Description 
 74 
316.027(2)(a) 3rd Accidents involving personal 
injuries other than serious 
bodily injury, failure to stop; 
leaving scene. 
 75 
316.1935(4)(a) 2nd Aggravated fleeing or eluding. 
 76 
316.80(2) 2nd Unlawful conveyance of fuel; 
obtaining fuel fraudulently. 
 77 
322.34(6) 3rd Careless operation of motor 
vehicle with suspended license, 
resulting in death or serious 
bodily injury. 
 78 
327.30(5) 3rd Vessel accidents involving 
personal injury; leaving scene.     
 
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 79 
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 
supplying, agreeing to supply, 
aiding in supplying, or giving 
away stone crab trap tags or 
certificates; making, altering, 
forging, counterfeiting, or 
reproducing stone cr ab 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. 
 80 
379.367(4) 3rd Willful molestation of a 
commercial harvester's spiny 
lobster trap, line, or buoy. 
 81 
379.407(5)(b)3. 3rd Possession of 100 or more     
 
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undersized spiny lobsters. 
 82 
381.0041(11)(b) 3rd Donate blood, plasma, or organs 
knowing HIV positive. 
 83 
440.10(1)(g) 2nd Failure to obtain workers' 
compensation coverage. 
 84 
440.105(5) 2nd Unlawful solicitation for the 
purpose of making workers' 
compensation claims. 
 85 
440.381(2) 3rd Submission of false, 
misleading, or incomplete 
information with the purpose of 
avoiding or reducing workers' 
compensation premiums. 
 86 
624.401(4)(b)2. 2nd Transacting insurance without a 
certificate or authority; 
premium collected $20,000 or 
more but less than $100,000. 
 87 
626.902(1)(c) 2nd Representing an unauthorized 
insurer; repeat offender.     
 
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 88 
790.01(3) 3rd Unlawful carrying of a 
concealed firearm. 
 89 
790.162 	2nd Threat to throw or discharge 
destructive device. 
 90 
790.163(1) 2nd False report of bomb, 
explosive, weapon of mass 
destruction, or use of firearms 
in violent manner. 
 91 
790.221(1) 2nd Possession of short-barreled 
shotgun or machine gun. 
 92 
790.23 	2nd Felons in possession of 
firearms, ammunition, or 
electronic weapons or devices. 
 93 
796.05(1) 2nd Live on earnings of a 
prostitute; 1st offense. 
 94 
800.04(6)(c) 3rd Lewd or lascivious conduct; 
offender less than 18 years of 
age.     
 
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 95 
800.04(7)(b) 2nd Lewd or lascivious exhibition; 
offender 18 years of age or 
older. 
 96 
806.111(1) 3rd Possess, manufacture, or 
dispense fire bomb with intent 
to damage any structure or 
property. 
 97 
810.145(4)(c) 3rd Commercial digital voyeurism 
dissemination. 
 98 
810.145(7)(a) 2nd Digital voyeurism; 2nd or 
subsequent offense. 
 99 
810.145(8)(a) 2nd Digital voyeurism; certain 
minor victims. 
 100 
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft 
from 20 or more dwellings or 
their unenclosed curtilage, or 
any combination. 
 101 
812.0145(2)(b) 2nd Theft from person 65 years of     
 
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age or older; $10,000 or more 
but less than $50,000. 
 102 
812.015 
  (8)(a) & (c)-
(e) 
3rd Retail theft; property stolen 
is valued at $750 or more and 
one or more specified acts. 
 103 
812.015(8)(f) 3rd Retail theft; multiple thefts 
within specified period. 
 104 
812.015(8)(g) 3rd Retail theft; committed with 
specified number of other 
persons. 
 105 
812.019(1) 2nd Stolen property; dealing in or 
trafficking in. 
 106 
812.081(3) 2nd Trafficking in trade secrets. 
 107 
812.131(2)(b) 3rd Robbery by sudden snatching. 
 108 
812.16(2) 3rd Owning, operating, or 
conducting a chop shop. 
 109 
817.034(4)(a)2. 2nd Communications fraud, value     
 
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$20,000 to $50,000. 
 110 
817.234(11)(b) 2nd Insurance fraud; property value 
$20,000 or more but less than 
$100,000. 
 111 
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. 
 112 
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. 
 113 
817.611(2)(a) 2nd Traffic in or possess 5 to 14 
counterfeit credit cards or     
 
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related documents. 
 114 
817.625(2)(b) 2nd Second or subsequent fraudulent 
use of scanning device, 
skimming device, or reencoder. 
 115 
825.1025(4) 3rd Lewd or lascivious exhibition 
in the presence of an elderly 
person or disabled adult. 
 116 
828.12(2) 3rd Tortures any animal with intent 
to inflict intense pain, 
serious physical injury, or 
death. 
 117 
828.122(3) 3rd Fighting or baiting animals. 
 118 
836.14(4) 2nd Person who willfully promotes 
for financial gain a sexually 
explicit image of an 
identifiable person without 
consent. 
 119 
839.13(2)(b) 2nd Falsifying records of an 
individual in the care and     
 
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custody of a state agency 
involving great bodily harm or 
death. 
 120 
843.01(1) 3rd Resist officer with violence to 
person; resist arrest with 
violence. 
 121 
847.0135(5)(b) 2nd Lewd or lascivious exhibition 
using computer; offender 18 
years or older. 
 122 
847.0137 
  (2) & (3) 
3rd Transmission of pornography by 
electronic device or equipment. 
 123 
847.0138 
  (2) & (3) 
3rd Transmission of material 
harmful to minors to a minor by 
electronic device or equipment. 
 124 
874.05(1)(b) 2nd Encouraging or recruiting 
another to join a criminal 
gang; second or subsequent 
offense. 
 125 
874.05(2)(a) 2nd Encouraging or recruiting     
 
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person under 13 years of age to 
join a criminal gang. 
 126 
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). 
 127 
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. 
 128 
893.13(1)(d)1. 1st Sell, manufacture, or deli ver 
cocaine (or other s. 
893.03(1)(a), (1)(b), (1)(d),     
 
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(2)(a), (2)(b), or (2)(c)5. 
drugs) within 1,000 feet of 
university. 
 129 
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. 
 130 
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. 
 131 
893.13(4)(b) 2nd Use or hire of minor; deliver 
to minor other controlled 
substance.     
 
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 132 
893.1351(1) 3rd Ownership, lease, or rental for 
trafficking in or manufacturing 
of controlled substance. 
 133 
 (f)  LEVEL 6 134 
 135 
Florida 
Statute 
Felony 
Degree 	Description 
 136 
316.027(2)(b) 2nd Leaving the scene of a crash 
involving serious bodily 
injury. 
 137 
316.193(2)(b) 3rd Felony DUI, 4th or subsequent 
conviction. 
 138 
400.9935(4)(c) 2nd Operating a clinic, or offering 
services requiring licensure, 
without a license. 
 139 
499.0051(2) 2nd Knowing forgery of transaction 
history, transaction 
information, or transaction 
statement.     
 
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 140 
499.0051(3) 2nd Knowing purchase or receipt of 
prescription drug from 
unauthorized person. 
 141 
499.0051(4) 2nd Knowing sale or transfer of 
prescription drug to 
unauthorized person. 
 142 
775.0875(1) 3rd Taking firearm from law 
enforcement officer. 
 143 
784.021(1)(a) 3rd Aggravated assault; deadly 
weapon without intent to kill. 
 144 
784.021(1)(b) 3rd Aggravated assault; intent to 
commit felony. 
 145 
784.041 	3rd Felony battery; domestic 
battery by strangulation. 
 146 
784.048(3) 3rd Aggravated stalking; credible 
threat. 
 147 
784.048(5) 3rd Aggravated stalking of person     
 
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under 16. 
 148 
784.07(2)(c) 2nd Aggravated assault on law 
enforcement officer. 
 149 
784.074(1)(b) 2nd Aggravated assault on sexually 
violent predators facility 
staff. 
 150 
784.08(2)(b) 2nd Aggravated assault on a person 
65 years of age or older. 
 151 
784.081(2) 2nd Aggravated assault on specified 
official or employee. 
 152 
784.082(2) 2nd Aggravated assault by detained 
person on visitor or other 
detainee. 
 153 
784.083(2) 2nd Aggravated assault on code 
inspector. 
 154 
787.02(2) 3rd False imprisonment; restraining 
with purpose other than those 
in s. 787.01.     
 
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 155 
790.115(2)(d) 2nd Discharging firearm or weapon 
on school property. 
 156 
790.161(2) 2nd Make, possess, or throw 
destructive device with intent 
to do bodily harm or damage 
property. 
 157 
790.164(1) 2nd False report concerning bomb, 
explosive, weapon of mass 
destruction, act of arson or 
violence to state property, or 
use of firearms in violent 
manner. 
 158 
790.19 	2nd Shooting or throwing deadly 
missiles into dwellings, 
vessels, or vehicles. 
 159 
794.011(8)(a) 3rd Solicitation of minor to 
participate in sexual activity 
by custodial adult. 
 160 
794.05(1) 2nd Unlawful sexual activity with     
 
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specified minor. 
 161 
800.04(5)(d) 3rd Lewd or lascivious molestation; 
victim 12 years of age or older 
but less than 16 years of age; 
offender less than 18 years. 
 162 
800.04(6)(b) 2nd Lewd or lascivious conduct; 
offender 18 years of age or 
older. 
 163 
806.031(2) 2nd Arson resulting in great bodily 
harm to firefighter or any 
other person. 
 164 
810.02(3)(c) 2nd Burglary of occupied structure; 
unarmed; no assault or battery. 
 165 
810.145(8)(b) 2nd Digital voyeurism; certain 
minor victims; 2nd or 
subsequent offense. 
 166 
812.014(2)(b)1. 2nd Property stolen $20,000 or 
more, but less than $100,000, 
grand theft in 2nd degree.     
 
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 167 
812.014(2)(c)5. 3rd Grand theft; third degree; 
firearm. 
 168 
812.014(6) 2nd Theft; property stolen $3,000 
or more; coordination of 
others. 
 169 
812.015(9)(a) 2nd Retail theft; property stolen 
$750 or more; second or 
subsequent conviction. 
 170 
812.015(9)(b) 2nd Retail theft; aggregated 
property stolen within 120 days 
is $3,000 or more; coordination 
of others. 
 171 
812.015(9)(d) 2nd Retail theft; multiple thefts 
within specified period. 
 172 
812.015(9)(e) 2nd Retail theft; committed with 
specified number of other 
persons and use of social media 
platform. 
 173     
 
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812.13(2)(c) 2nd Robbery, no firearm o r other 
weapon (strong-arm robbery). 
 174 
817.4821(5) 2nd Possess cloning paraphernalia 
with intent to create cloned 
cellular telephones. 
 175 
817.49(2)(b)2. 2nd Willful making of a false 
report of a crime resulting in 
death. 
 176 
817.505(4)(b) 2nd Patient brokering; 10 or more 
patients. 
 177 
817.5695(3)(b) 2nd Exploitation of person 65 years 
of age or older, value $10,000 
or more, but less than $50,000. 
 178 
825.102(1) 3rd Abuse of an elderly person or 
disabled adult. 
 179 
825.102(3)(c) 3rd Neglect of an elderly person or 
disabled adult. 
 180 
825.1025(3) 3rd Lewd or lascivious molestation     
 
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of an elderly person or 
disabled adult. 
 181 
825.103(3)(c) 3rd Exploiting an elderly person or 
disabled adult and property is 
valued at less than $10,000. 
 182 
827.03(2)(c) 3rd Abuse of a child. 
 183 
827.03(2)(d) 3rd Neglect of a child. 
 184 
827.071(5) 3rd Possess, control, or 
intentionally view any 
photographic material, motion 
picture, etc., which includes 
child pornography. 
 185 
827.12 	3rd Subjecting a child t o animal 
cruelty. 
 186 
828.126(3) 3rd Sexual activities involving 
animals. 
 187 
836.05 	2nd Threats; extortion. 
 188     
 
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836.10 	2nd Written or electronic threats 
to kill, do bodily injury, or 
conduct a mass shooting or an 
act of terrorism. 
 189 
843.12 	3rd Aids or assists person to 
escape. 
 190 
847.011 	3rd Distributing, offering to 
distribute, or possessing with 
intent to distribute obscene 
materials depicting minors. 
 191 
847.012 	3rd Knowingly using a minor in the 
production of materials harmful 
to minors. 
 192 
847.0135(2) 3rd Facilitates sexual conduct of 
or with a minor or the visual 
depiction of such conduct. 
 193 
893.131 	2nd Distribution of controlled 
substances resulting in 
overdose or serious bodily 
injury.     
 
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 194 
914.23 	2nd Retaliation against a witness, 
victim, or informant, with 
bodily injury. 
 195 
918.13(2)(b) 2nd Tampering with or fabricating 
physical evidence relating to a 
capital felony. 
 196 
944.35(3)(a)2. 3rd Committing malicious battery 
upon or inflicting cruel or 
inhuman treatment on an inmate 
or offender on community 
supervision, resulting in great 
bodily harm. 
 197 
944.40 	2nd Escapes. 
 198 
944.46 	3rd Harboring, concealing, aiding 
escaped prisoners. 
 199 
944.47(1)(a)5. 2nd Introduction of contraband 
(firearm, weapon, or explosive) 
into correctional facility. 
 200     
 
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951.22(1)(i) 3rd Firearm or weapon introduced 
into county detention facility. 
 201 
 Section 3. This act shall take effect July 1, 2025. 202