Full Statute Name:  West's Florida Statutes Annotated. Title XLVI. Crimes (Chapters 775-899). Chapter 843. Obstructing Justice, 843.19. Offenses against police canines, fire canines, SAR canines, or police horses

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Primary Citation:  West's F. S. A. § 843.19 Country of Origin:  United States Last Checked:  October, 2023 Alternate Citation:  FL ST § 843.19 Date Adopted:  1981 Historical: 
Summary: This law makes it a felony of the second degree to intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse. Further, any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor of the first degree, Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor of the second degree.

(1) As used in this section, the term:

(a) “Police canine” means any canine, and “police horse” means any horse, that is owned, or the service of which is employed, by a law enforcement agency or a correctional agency for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of offenders.

(b) “Fire canine” means any canine that is owned, or the service of which is employed, by a fire department, a special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of flammable materials or the investigation of fires.

(c) “SAR canine” means any search and rescue canine that is owned, or the service of which is employed, by a fire department, a law enforcement agency, a correctional agency, a special fire district, or the State Fire Marshal for the principal purpose of aiding in the detection of missing persons, including, but not limited to, persons who are lost, who are trapped under debris as the result of a natural, manmade, or technological disaster, or who are drowning victims.

(2) Any person who intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(5) A person convicted of an offense under this section shall make restitution for injuries caused to the police canine, fire canine, SAR canine, or police horse and shall pay the replacement cost of the animal if, as a result of the offense, the animal can no longer perform its duties.

Credits
Laws 1981, c. 81-43, § 1; Laws 1984, c. 84-187, § 1; Laws 1993, c. 93-20, § 2. Amended by Laws 1997, c. 97-61, § 2, eff. Oct. 1, 1997; Laws 2005, c. 2005-139, § 1, eff. Oct. 1, 2005; Laws 2019, c. 2019-9, § 1, eff. Oct. 1, 2019; Laws 2023, c. 2023-110, § 2, eff. Oct. 1, 2023.

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