828.40. Short title
828.41. Definitions relating to Florida Animal Enterprise ProtectionAct
828.42. Animal enterprise disruption; criminal penalties
828.40. Short title
Sections 828.40-828.43 may be cited as the “Florida Animal Enterprise Protection Act.”
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.
(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.
In a case of ongoing animal enterprise disruption, the aggrieved animal enterprise may obtain injunctive relief.
Laws 1993, c. 93-13, § 12.