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The Florida Statutes
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The 1995 Florida Statutes

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828.125 Killing or aggravated
abuse of registered breed horses or cattle; offenses;
penalties. ---
Any other provisions of this chapter to the contrary
notwithstanding:
(1) Any person who willfully and unlawfully, by any
means whatsoever, kills, maims, mutilates, or causes great bodily
harm or permanent breeding disability to any animal of any
registered breed of the genus Equus (horse) or genus
Bos (cattle), or any recognized registered hybrid of the
specified genera, shall be guilty of a felony of the second degree,
punishable as provided by s. 775.082, s. 775.083, or s.
775.084.
(2) Any person who individually attempts or solicits,
or jointly agrees, conspires, combines, or confederates with
another person to commit, any act prohibited by subsection (1) and
does an act in furtherance of said attempt, solicitation, or
conspiracy shall be guilty of a felony of the second degree and is
punishable as if the person or persons had actually committed such
prohibited act as enumerated in subsection (1), notwithstanding any
provisions found in s. 777.04. Nothing in this subsection shall
be construed to prohibit separate convictions and sentences for a
violation of this subsection and any violation of subsection
(1).
(3) Any person who verbally or in writing threatens to
commit any act prohibited by subsection (1) and has the apparent
ability to carry out such threat and places the owner or custodian
of said animal in fear that such an act as described in subsection
(1) is about to take place shall be guilty of a felony of the third
degree, punishable as provided by s. 775.082, s. 775.083 or s.
775.084.
(4) In addition to any other fines or penalties
authorized by law, a person found guilty of violating any provision
of subsection (1), subsection (2), or subsection (3) may be
ordered by the court to make restitution to the aggrieved party in
an amount not to exceed twice the gross fair market value of the
said Equus or Bos killed or abused in an aggravated
manner, or up to twice the gross loss caused, whichever is
greater, plus attorney's fees and any and all related costs. Upon
notice the court shall hold a hearing to determine the amount of
fines, restitution, or costs to be imposed under this section, if
not agreed upon by the parties.
(5) This section shall not be construed to abridge,
impede, prohibit, or otherwise interfere in any way with the
application, implementation, or conduct of recognized livestock
husbandry practices or techniques by or at the direction of the
owner of the livestock so husbanded.
History: s. 1, ch. 86-14; s. 42, ch. 91-110.
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