The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/SB 494
INTRODUCER: Criminal Justice Committee and Senators Leek and Arrington
SUBJECT: Aggravated Animal Cruelty
DATE: April 21, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Cellon Stokes CJ Fav/CS
2. Kolich Harkness ACJ Favorable
3. Cellon Siples FP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 494, which may be cited as “Dexter’s Law,” amends s. 828.12, F.S., to provide that
beginning January 1, 2026, the Florida Department of Law Enforcement (FDLE) will post on its
website the names of those persons who have been convicted of, or who have entered a plea of
guilty or nolo contendere to, regardless of adjudication, a violation of s. 828.12, F.S., animal
cruelty.
The information posted on the FDLE website will be in a searchable format prescribed by the
department.
The bill amends the Florida Criminal Code Worksheet to create a sentencing point multiplier
which multiplies a defendant’s subtotal points by 1.25 for the crime of Aggravated Animal
Cruelty. The offense must have included the knowing and intentional torture or torment of an
animal that injured, mutilated, or killed the animal.
The bill has an insignificant negative fiscal impact to FDLE. The bill may also have a positive
indeterminate impact on prison beds by increasing the minimum permissible sentence that a
court may sentence an offender for the specified offense. See Section V., Fiscal Impact
Statement.
The bill takes effect July 1, 2025.
REVISED: BILL: CS/SB 494 Page 2
II. Present Situation:
Animal Cruelty Offenses
Section 828.12(1), F.S., provides first degree misdemeanor penalties
1
for certain cases involving
cruelty to animals. A person commits the crime of animal cruelty if he or she:
• Unnecessarily overloads;
• Overdrives;
• Torments;
• Deprives of necessary sustenance or shelter;
• Unnecessarily mutilates, or kills any animal, or causes such to be done; or
• Carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner.
A person who is convicted of a violation of this statute may be prohibited by the court from
owning, possessing, keeping, harboring, or having custody or control over any animal for a
period of time determined by the court.
2
Section 828.12(2), F.S., specifies that a person who intentionally commits an act to any animal,
or a person who owns or has the custody or control of any animal and fails to act, which results
in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes
the same to be done, commits aggravated animal cruelty, a felony of the third degree.
3
Also, s. 828.13(2)(a), (b), and (c) F.S., provide that a person commits a first degree
misdemeanor
4
if he or she:
• Impounds or confines any animal in any place and fails to supply the animal during such
confinement with a sufficient quantity of good and wholesome food and water;
• Keeps any animals in any enclosure without wholesome exercise and change of air; or
• Abandons to die any animal that is maimed, sick, infirm, or diseased.
Section 828.13(3), F.S., prohibits a person who is the owner or possessor or has charge or
custody of any animal who abandons such animal to suffer injury or malnutrition or abandons
any animal in a street, road, or public place without providing for the care, sustenance,
protection, and shelter of such animal which is punishable as a misdemeanor of the first degree.
5
1
A first degree misdemeanor is punishable by up to 1 year in the county jail or a $5,000 fine or both. ss. 775.082 and
775.083, F.S.
2
Section 828.12(6), F.S.
3
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. Sections 775.082 and 775.083, F.S.
However, a violation of s. 828.12(2), F.S., may result in a fine of up to $10,000. Sections 775.083(1)(g), and 828.12(2), F.S.
4
A first degree misdemeanor is punishable by up to 1 year in the county jail or a $1,000 fine or both. Sections 775.082, and
775.083, F.S. However, a violation of s. 828.13(2), F.S., may result in a fine of up to $5,000. Sections 775.083(1)(g), and
828.13(2), F.S.
5
A first degree misdemeanor is punishable by up to 1 year in the county jail or a $1,000 fine or both. Sections 775.082, and
775.083, F.S. However, a violation of s. 828.13(3), F.S., may result in a fine of up to $5,000. Sections 775.083(1)(g), and
828.13(3), F.S. BILL: CS/SB 494 Page 3
Section 828.13(1)(a), F.S., defines the term “abandon” to mean to forsake an animal entirely or
to neglect or refuse to provide or perform the legal obligations for care and support of an animal
by its owner.
6
Whoever abandons, impounds, or confines any animal in any place and:
• Fails to supply the animal during such confinement with a sufficient quantity of good and
wholesome food and water;
• Keeps any animals in any enclosure without wholesome exercise and change of air; or
• Abandons to die any animal that is maimed, sick, infirm, or diseased; commits a first degree
misdemeanor.
7
Any person who knowingly commits any of the following acts of fighting or baiting animals
commits a felony of the third degree
8
:
• Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or
domestic animal for the purpose of animal fighting or baiting;
• Owning, possessing, or selling equipment for use in any activity described in paragraph (a);
• Owning, leasing, managing, operating, or having control of any property kept or used for any
activity described in paragraph (a) or paragraph (b);
• Promoting, staging, advertising, or charging any admission fee to a fight or baiting between
two or more animals;
• Performing any service or act to facilitate animal fighting or baiting, including, but not
limited to, providing security, refereeing, or handling or transporting animals or being a
stakeholder of any money wagered on animal fighting or baiting;
• Removing or facilitating the removal of any animal impounded under this section from an
agency where the animal is impounded or from a location designated by the court under
subsection (4), subsection (5), or subsection (7), without the prior authorization of the court;
• Betting or wagering any money or other valuable consideration on the fighting or baiting of
animals; or
• Attending the fighting or baiting of animals.
9
Additionally, a person may not:
• Knowingly engage in any sexual contact with an animal;
• Knowingly cause, aid, or abet another person to engage in any sexual contact with an animal;
• Knowingly permit any sexual contact with an animal to be conducted on any premises under
his or her charge or control;
6
The term “owner” is defined as any owner, custodian, or other person in charge of an animal. s. 828.13(1)(b), F.S.
7
A first degree misdemeanor is punishable by up to 1 year in the county jail or a $1,000 fine or both. Sections 775.082, and
775.083, F.S. However, a violation of s. 828.13(2), F.S., may result in a fine of up to $5,000. Sections 775.083(1)(g), and
828.13(2), F.S.
8
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. ss. 775.082 and 775.083, F.S. In
addition to other penalties the court may issue an order prohibiting a person who is convicted of a violation of this section
from owning, possessing, keeping, harboring, or having custody or control over any animals within the species that are the
subject of the conviction, or any animals kept for the purpose of fighting or baiting, for a period of time determined by the
court. Section 828.122(8), F.S.
9
“Animal fighting” means fighting between roosters or other birds or between dogs, bears, or other animals.
“Baiting” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of
training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, “baiting” means
the use of live animals in the training of racing greyhounds. Section 828.122(2), F.S. BILL: CS/SB 494 Page 4
• Knowingly organize, promote, conduct, aid, abet, participate in as an observer, or advertise,
offer, solicit, or accept an offer of an animal for the purpose of sexual contact with such
animal, or perform any service in the furtherance of an act involving any sexual contact with
an animal; or
• Knowingly film, distribute, or possess any pornographic image or video of a person and an
animal engaged in any of the activities prohibited by this section.
10
A person who violates this section commits a felony of the third degree.
11
In addition to other penalties prescribed by law, the court shall issue an order prohibiting a
person convicted under this section from harboring, owning, possessing, or exercising control
over any animal; from residing in any household in which animals are present; and from
engaging in an occupation, whether paid or unpaid, or participating in a volunteer position at any
establishment at which animals are present. The order may be effective for up to five years after
the date of the conviction, regardless of whether adjudication is withheld.
12
Animal Abuse Registries in Florida
Hillsborough County became the first county in Florida to establish an animal-abuser
registry, requiring that any individual residing in Hillsborough County, who has been convicted
of an animal-abuse offense on or after November 1, 2016, must self-register within 10 business
days after their release from incarceration or from the date of the conviction.
13
The registry
contains the names, residences, photographs, and other related information of those living in the
county who are convicted of an animal offense on or after November 1, 2016.
14
Under the Hillsborough County ordinance, an “animal abuser” is defined as a person convicted
of cruelty to animals under s. 828.12, F.S., and other animal cruelty offenses. Registrants must
remain on the registry for a period of three years for a first conviction of a misdemeanor animal
cruelty offense; for a period of five years for a first conviction of a felony abuse offense; or for a
period of 10 years for a second or subsequent conviction of either a misdemeanor or felony abuse
offense.
15
In addition, registrants are not allowed to own, possess, and/or reside in the same household or
on the same property as an animal while on the registry; prohibited from working with a
companion animal, with or without compensation; and strictly prohibited from adopting,
purchasing, or otherwise obtaining certain animals from any animal shelter, pet seller, or other
10
Sexual activities involving animals. Section 828.126, F.S.
11
A third degree felony is punishable by up to 5 years imprisonment and a $5,000 fine. ss. 775.082 and 775.083, F.S.
12
Section 828.126(4), F.S.
13
Hillsborough County Animal Abuser Registry Documents and Resources; available at Animal Abuser Registry Documents
& Resources | Hillsborough County, FL; (last visited March 23, 2025). Tampa Bay Creative Loafing, Kate Bradshaw,
February 11, 2016, The worst offenders: Hillsborough may become the first county in Florida to adopt an animal abuser registry;
available at https://www.cltampa.com/news/the-worst-offenders-hillsborough-may-become-the-first-county-in-florida-to-
adopt-an-animal-abuser-registry-12289553; (last visited April 4, 2025). Florida Bar Journal, The Growing Trend of Animal-
Abuser Registries, Chip Fletcher and DeBora Cromartie Mincey, Vol. 91, No.10 December 2017; available at
https://www.floridabar.org/the-florida-bar-journal/the-growing-trend-of-animal-abuser-registries/; (last visited April 4, 2025).
14
Id.
15
Id. BILL: CS/SB 494 Page 5
person or entity involved in the exchange of animals by adoption, sale, or other means.
16
The
ordinance went into effect on November 1, 2016.
17
Marion County commissioners approved an animal-abuser registry ordinance named “Molly’s
Law,” after an American Boxer mix was severely abused in 2014.
18
An examination of the
animal revealed that Molly had been brutally beaten with a bat, suffered a fractured skull, and
had been stabbed with a knife through the top of her head three times.
19
The ordinance, similar to
the animal-abuser registry ordinance in Hillsborough County, took effect on January 1, 2017
20
.
Animal abuser registries also exist in the following local jurisdictions among others:
• Lee County
21
• Seminole County
22
• Miami-Dade County
23
• Volusia County
24
• City of Tallahassee
25
• Collier County
26
Criminal Punishment Code
The Criminal Punishment Code
27
(Code) is Florida’s primary sentencing policy. Noncapital
degrees of felonies sentenced under the Code are assigned an offense severity level ranking
(Levels 1-10).
28
Sentencing points accrue based upon the offense severity level ranking assigned
to the primary offense, additional offenses, and prior offenses. Sentence points escalate as the
severity level escalates. Points may also be added or multiplied for other factors such as victim
injury or the commission of certain offenses.
16
Id.
17
Id.
18
“Molly’s Law” Keeps Animal Abusers from Owning Pets in Marion County, WFTV, Dec. 27, 2016, available
at http://www.wftv.com/news/local/mollys-law-keeps-animal-abusers-from-owning-pets-in-marion-county/479178907; (last
visited March 23, 2025). Florida Bar Journal, The Growing Trend of Animal-Abuser Registries, Chip Fletcher and DeBora
Cromartie Mincey, Vol. 91, No.10 December 2017; available at https://www.floridabar.org/the-florida-bar-journal/the-
growing-trend-of-animal-abuser-registries/; (last visited April 4, 2025).
19
Id.
20
Id.
21
Lee County, available at https://www.sheriffleefl.org/animal-abuser-search/ (last visited April 4, 2025).
22
Seminole County, available at https://www.seminolecountyfl.gov/departments-services/prepare-seminole/animal-
services/animal-abuse-registry.stml; (last visited April 4, 2025).
23
Miami-Dade County, available at https://www.miamidade.gov/Apps/ASD/crueltyweb/ (last visited April 4, 2025).
24
Volusia County, available at https://www.volusia.org/services/public-protection/animal-services/animal-abuse-listing.stml;
(last visited April 4, 2025).
25
City of Tallahassee, available at https://www.talgov.com/animals/asc-abuse (last visited April 4, 2025).
26
Collier County, available at https://www2.colliersheriff.org/animalabusesearch/Enjoined (last visited April 4, 2025).
27
Sections 921.002-921.0027, F.S. See chs. 97-194 and 98-204, L.O.F. The Code is effective for offenses committed on or
after October 1, 1998.
28
Offenses are either ranked in the offense severity level ranking chart in s. 921.0022, F.S., or are ranked by default based on
a ranking assigned to the felony degree of the offense as provided in s. 921.0023, F.S. BILL: CS/SB 494 Page 6
III. Effect of Proposed Changes:
The bill provides that the act may be cited as “Dexter’s Law.”
The bill amends s. 828.12, F.S., to provide that beginning January 1, 2026, the FDLE must post
on its website, in a searchable format, the names of persons who have been convicted of, or who
have entered a plea of guilty or nolo contendere to, regardless of adjudication, a violation of
s. 828.12, F.S., animal cruelty.
The bill amends the Florida Criminal Code Worksheet to create a sentencing point multiplier
which multiplies a defendant’s subtotal points by 1.25 for the crime of Aggravated Animal
Cruelty, under s. 828.12(2), F.S. The bill specifies that the Aggravated Animal Cruelty offense
must be the primary offense, or the multiplier will not apply.
The offense must include the knowing and intentional torture or torment of an animal that was
injured, mutilated, or killed the animal. The definition of the term animal in this sentencing point
multiplier does not include an animal used for agricultural purposes or permitted as captive
wildlife as authorized under s. 379.303, F.S.
The bill takes effect on July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The bill does not appear to require cities and counties to expend funds or limit their
authority to raise revenue or receive state-shared revenues as specified by Art. VII, s. 18
of the State Constitution.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: CS/SB 494 Page 7
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The FDLE estimates $12,000 in programmatic changes to fulfill the requirements of the
bill.
29
The bill amends the Florida Criminal Code Worksheet to create a sentencing point
multiplier for the crime of Aggravated Animal Cruelty. This may have a positive
indeterminate impact on prison beds by increasing the minimum permissible sentence
that a court may sentence an offender.
VI. Technical Deficiencies:
None.
VII. Related Issues:
Although it is likely that the Clerks of Court will provide the information to the FDLE for the
Animal Abuser website, the bill does not require the Clerks to provide this information.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 828.12 and
921.0024.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Criminal Justice on March 25, 2025:
• Amends the Florida Criminal Code Worksheet to create a sentencing point multiplier
which multiplies a defendant’s subtotal points by 1.25 for the crime of Aggravated
Animal Cruelty, under s. 828.12(2), F.S.
• Names the act “Dexter’s Law.”
29
2025 FDLE Legislative Bill Analysis, February 21, 2025; (On file with the Senate committee on Criminal Justice.). BILL: CS/SB 494 Page 8
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.