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
HB 1341 2022
1 A bill to be entitled
2 An act relating to animal abusers; creating s.
3 943.0425, F.S.; providing definitions; requiring the
4 Department of Law Enforcement to post a publicly
5 accessible animal abuser registry on its website of
6 persons convicted of animal abuse offenses;
7 prohibiting the registry from including certain
8 information; requiring the clerk of the court in each
9 county to forward certain notice of a conviction for
10 an animal abuse offense to the department within a
11 specified time; providing requirements for the
12 registry; providing requirements for registered
13 abusers; prohibiting specified acts by registered
14 abusers; providing exceptions; prohibiting certain
15 persons and entities from selling, exchanging, or
16 otherwise transferring the ownership of an animal to a
17 registered abuser; providing exceptions; requiring the
18 maintenance of specified records; requiring the
19 department to provide certain annual notice to
20 specified entities; providing penalties for specified
21 violations; providing construction; amending ss.
22 828.12 and 828.126, F.S.; authorizing courts to
23 prohibit persons convicted of certain animal cruelty
24 or sexual activity with an animal violations from
25 having certain responsibilities for or association
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26 with an animal as a condition of probation; providing
27 an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 943.0425, Florida Statutes, is created
32 to read:
33 943.0425 Animal abuser registration.—
34 (1) As used in this section, the term:
35 (a) "Abuser" or "animal abuser" means an adult as defined
36 in s. 985.03 who has been convicted in this state of committing
37 an animal abuse offense.
38 (b) "Animal" means a dog of the species Canis familiaris,
39 a cat of the species Felis catus, a pet normally maintained in
40 or near the household of its owner, a domesticated animal,
41 previously captured wildlife, an exotic animal, or any other pet
42 including, but not limited to, a rabbit, chick, duck, or
43 potbellied pig.
44 (c) "Animal abuse offense" means a violation of:
45 1. Section 828.12, relating to cruelty to animals.
46 2. Section 828.122, relating to fighting or baiting
47 animals.
48 3. Section 828.123, relating to killing a dog or cat with
49 the intent to sell or give away its pelt.
50 4. Section 828.125, relating to killing or aggravated
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51 abuse of horses or cattle.
52 5. Section 828.126, relating to sexual activities
53 involving animals.
54 6. Section 828.13, relating to confinement of animals
55 without sufficient food, water, or exercise or abandonment of an
56 animal.
57 (d) "Companion animal" means a domesticated or tamed
58 animal intended to provide companionship, to be used for
59 personal use or enjoyment, or to be raised for nonagricultural
60 purposes. The term does not include a service animal or any
61 other animal or wildlife under the exclusive jurisdiction of the
62 state.
63 (e) "Conviction" has the same meaning as in s. 775.21(2).
64 (f) "Farm animal" means a horse or an animal used in the
65 production of human or animal food, feed, or fiber regardless of
66 whether the horse or animal is actually being used or raised for
67 such purposes.
68 (g) "Pet dealer" means:
69 1. A pet dealer as defined in s. 828.29(13); or
70 2. An animal shelter, humane organization, or animal
71 control agency operated by a humane organization that receives
72 funds from the state or from a political subdivision of the
73 state and that, in the ordinary course of business, engages in
74 the sale or adoption of animals.
75 (h) "Registered breed association" means an association
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76 formed and perpetuated for the maintenance of records of
77 purebreeding of a specific breed of animals whose
78 characteristics are set forth in constitutions, bylaws, or other
79 rules of the association.
80 (i) "Service animal" means a dog or miniature horse that
81 has been individually trained to do work or perform tasks for a
82 person with a disability as defined in the Americans with
83 Disabilities Act, 42 U.S.C. s. 12102.
84 (2)(a) Beginning on January 1, 2023, the department shall
85 post a publicly accessible animal abuser registry on its website
86 that includes each person convicted of an animal abuse offense
87 on or after that date.
88 (b)1. The registry must include all of the information
89 specified in subsection (3).
90 2. The registry may not include the abuser's social
91 security number, driver license number, or any other state or
92 federal identification number.
93 (c) The clerk of the court in each county shall forward a
94 copy of the judgment and date of birth of each abuser to the
95 department within 30 calendar days after the date of conviction
96 of the abuser.
97 (d) The registry shall include the required information
98 about each abuser from the date of his or her release from
99 incarceration or, if he or she is not incarcerated, from the
100 date of his or her conviction:
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101 1. For a period of 3 years for a first conviction of a
102 misdemeanor animal abuse offense.
103 2. For a period of 5 years for a first conviction of a
104 felony animal abuse offense.
105 3. For a period of 10 years for a second or subsequent
106 conviction of a misdemeanor or felony animal abuse offense.
107 (e) Upon notification to the department that the criminal
108 records of an abuser have been expunged or of a successful
109 appeal of a conviction of an animal abuse offense by a
110 registered abuser, the department shall remove the registered
111 abuser's information from the registry within 10 business days
112 after such notification.
113 (3)(a) An abuser shall register with the department by
114 personally appearing at the sheriff's office in the county in
115 which he or she resides to provide the following information:
116 1. Full legal name and any aliases he or she may be known
117 by.
118 2. Current or anticipated residence address.
119 3. Date of birth.
120 4. A photograph of the front of his or her head and
121 shoulders.
122 5. A copy of his or her judgment to confirm the animal
123 abuse offense, the date of his or her conviction, and the
124 sentence imposed upon him or her.
125 (b) Every registered abuser shall personally appear at the
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126 sheriff's office in the county in which he or she resides to
127 update his or her registry information within 10 business days
128 after any change in his or her residence address or name.
129 (c) A registered abuser shall personally appear at the
130 sheriff's office in the county in which he or she resides to
131 renew his or her registration information annually on the
132 anniversary date of his or her initial registration or, if his
133 or her anniversary date falls on a Saturday, Sunday, or legal
134 holiday, on the first business day following his or her
135 anniversary date. At such time, the registered abuser's
136 photograph and information shall be reviewed to verify accuracy.
137 (4)(a) A registered abuser may not own, possess, or reside
138 in the same residence with or on the same property as an animal
139 unless otherwise provided in a court order.
140 (b) A registered abuser may not work with a companion
141 animal, with or without compensation, unless otherwise provided
142 in a court order.
143 (c) A registered abuser who has been determined by a court
144 to be unfit to have custody of an animal pursuant to s. 828.073
145 shall also be bound by the determinations of the court if that
146 determination was made pursuant to the same underlying facts
147 resulting in the conviction that requires the abuser to register
148 with the department.
149 (d) The state may, at any time it deems necessary, enforce
150 or, notwithstanding any other court order, obtain a court order
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151 enjoining a registered abuser from owning, possessing, or
152 residing in the same residence with or on the same property as
153 an animal or working with a companion animal, with or without
154 compensation.
155 (e) This subsection does not apply to farm animals or
156 service animals unless there is an enjoinment order or an animal
157 abuse offense pertaining directly to farm animals or service
158 animals.
159 (5)(a) A pet dealer, person, or entity located in the
160 state may not knowingly sell, exchange, or otherwise transfer
161 the ownership of an animal to a registered abuser.
162 (b) Before the sale, exchange, or other transfer of the
163 ownership of an animal, the pet dealer, person, or entity shall
164 take whatever steps necessary to ensure that the animal is not
165 being sold, exchanged, or otherwise transferred to a registered
166 abuser.
167 (c) Such steps shall include, but are not limited to,
168 posting, when possible, current signage displaying registered
169 abusers in well-trafficked, highly visible areas for public
170 viewing and in employee stock or break areas, notifying law
171 enforcement upon the recognition of a registered abuser who
172 obtained an animal in violation of this section, and requiring a
173 person to sign an affidavit attesting that he or she is not a
174 registered abuser before obtaining an animal.
175 (d) The pet dealer, person, or entity shall be required to
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176 maintain the required affidavits and other adequate records and
177 supporting documentation for 3 years or in accordance with the
178 required retention time set forth by business standards and
179 practices governing the particular commercial establishment and
180 record, whichever is greater, to ensure compliance with this
181 section. The state and its authorized agents may examine all
182 such records and documentation relating to compliance with this
183 section, and the pet dealer, person, or entity may be required
184 to cooperate and permit the county to examine all such records
185 and documentation relating to compliance with this section.
186 (e) It is not a violation of this section if the pet
187 dealer, person, or entity checked the registry on the
188 department's website and the abuser's name was not included in
189 the registry.
190 (f) This subsection does not apply to farm animals or
191 service animals.
192 (6) Beginning in 2024, the department shall annually
193 notify the leading registered breed associations for animals
194 covered by this section that an animal abuser registry exists
195 and encourage the associations to urge their members not to
196 sell, exchange, or otherwise transfer the ownership of an animal
197 to a registered abuser. The notice may be in electronic form.
198 (7) The department shall annually notify all pet dealers
199 as provided in subsection (8). The notice may be in electronic
200 form.
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201 (8) The annual notification specified in subsection (7)
202 shall notify all pet dealers:
203 (a) That an animal abuser registry exists that is
204 maintained by the department.
205 (b) Of new registered abusers.
206 (9)(a) An abuser who is required to initially register
207 with the department, update changes in his or her residence
208 address or name with the registry, annually renew his or her
209 registry information, comply with the prohibition on contact
210 with certain animals, or comply with any court-issued enjoinment
211 order under this section and who fails to do so commits a
212 misdemeanor of the second degree, punishable as provided in s.
213 775.082 or s. 775.083.
214 (b) Each day of a continuing violation constitutes a
215 separate violation.
216 (10) A pet dealer, person, or entity that knowingly sells,
217 exchanges, or otherwise transfers the ownership of an animal to
218 a registered abuser in violation of this section shall be
219 penalized in the following manner:
220 (a) For the first offense, a written warning.
221