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Florida

West's Florida Statutes Annotated. Title XLVI. Crimes (Chapters 775-899). Chapter 828. Animals: Cruelty; Sales; Animal Enterprise Protection.

Statute Details
Printable Version
Citation: FL ST 828.40 - 43

Citation: West's F. S. A. 828.40 - 43


Last Checked by Web Center Staff: 11/2013

Summary:   This set of laws comprises the Florida Animal Enterprise Protection Act. Under the Act, a person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree.


Statute in Full:
828.40. Short title
828.41. Definitions relating to Florida Animal Enterprise ProtectionAct
828.42. Animal enterprise disruption; criminal penalties
828.43. Injunction
 
 

828.40. Short title

Sections 828.40-828.43 may be cited as the “Florida Animal Enterprise Protection Act.”
CREDIT(S)

Laws 1993, c. 93-13, § 9.

 

828.41. Definitions relating to Florida Animal Enterprise Protection Act

As used in ss. 828.40-828.43, the term:
(1) “Animal enterprise” means:

(a) A commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing;

(b) A zoo, aquarium, circus, rodeo, or lawful competitive animal event; or

(c) Any fair or similar event intended to advance agricultural arts and sciences.

(2) “Physical disruption” does not include any lawful disruption that results from lawful public, governmental, or animal enterprise employee reaction to the disclosure of information about an animal enterprise.

(3) “Serious bodily injury” means bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(4) “Economic damage” means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, and the loss of profits.

CREDIT(S)

Laws 1993, c. 93-13, § 10.


828.42. Animal enterprise disruption; criminal penalties

(1) A person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes economic damage, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who in the course of a violation of subsection (1) causes serious bodily injury to another commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person who violates subsection (1), if such violation results in economic damage exceeding $10,000, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) The offender must pay restitution under s. 775.089. Restitution includes, but is not limited to:

(a) The reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense.

(b) The loss of food production or farm income reasonably attributable to the offense.

CREDIT(S)

Laws 1993, c. 93-13, § 11.
 

828.43. Injunction

In a case of ongoing animal enterprise disruption, the aggrieved animal enterprise may obtain injunctive relief.
CREDIT(S)

Laws 1993, c. 93-13, § 12.

 
 


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