Miami-Dade Legislative Item
File Number: 092745
Printable PDF Format Download Adobe Reader  Clerk's Official Copy   

File Number: 092745 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1215-09 Control: Board of County Commissioners
File Name: INCREASE CRIMINAL PENALTIES UNLAWFUL SLAUGHTER OF HORSES Introduced: 10/6/2009
Requester: NONE Cost: Final Action: 10/20/2009
Agenda Date: 10/20/2009 Agenda Item Number: 11A2
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES RELATED TO THE UNLAWFUL SLAUGHTER OF HORSES, IMPOSE MANDATORY MINIMUM PENALTIES FOR UNLAWFULLY KILLING A HORSE AND UNLAWFULLY SELLING HORSE MEAT; AUTHORIZE LOCAL GOVERNMENTS TO SUSPEND OR REVOKE LOCAL BUSINESS LICENSES OF RESTAURANTS, STORES, OR OTHER BUSINESSES; AND EXPAND THE SCOPE OF THE PROHIBITION ON THE UNLAWFUL SALE OF HORSE MEAT
Indexes: LEGISLATURE
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/20/2009 11A2 Adopted P
REPORT: Commissioner Sorenson noted that she supported the intent of the foregoing resolution; however, she objected to imposing mandatory penalties on judges. She noted that judges should retain the right to make decisions as they deemed appropriate. Commissioner Sorenson stated she would support this proposed resolution if the sponsor agreed to delete the language imposing mandatory, minimum penalties. Commissioner Souto noted Commissioner Sorenson’s proposal to amend this resolution to delete the language, “imposing mandatory, minimum penalties was unacceptable.

County Attorney 10/6/2009 Assigned Abbie N. Schwaderer

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO INCREASE THE CRIMINAL PENALTIES RELATED TO THE UNLAWFUL SLAUGHTER OF HORSES, IMPOSE MANDATORY MINIMUM PENALTIES FOR UNLAWFULLY KILLING A HORSE AND UNLAWFULLY SELLING HORSE MEAT; AUTHORIZE LOCAL GOVERNMENTS TO SUSPEND OR REVOKE LOCAL BUSINESS LICENSES OF RESTAURANTS, STORES, OR OTHER BUSINESSES; AND EXPAND THE SCOPE OF THE PROHIBITION ON THE UNLAWFUL SALE OF HORSE MEAT

BODY
WHEREAS, there has been a disturbing increase in the unlawful slaughter of horses in Miami-Dade County since the beginning of 2009; and
WHEREAS, this unlawful slaughter of horses may create an atmosphere of fear and distrust within the community of horse owners in Miami-Dade County; and
WHEREAS, law enforcement officers in Miami-Dade County are conducting ongoing investigations into these horse slaughters; and
WHEREAS, it is believed that these horses are being slaughtered in connection with the illegal sale of horse meat; and
WHEREAS, Section 500.451, Florida Statutes, provides that it is unlawful for any person to sell horse meat for human consumption in the markets of this state unless it is clearly stamped, marked, and described as horse meat for human consumption; and
WHEREAS, currently, any person who violates Section 500.451 is only guilty of a misdemeanor of the second degree; and
WHEREAS, crimes related to the illegal sale of horse meat may be deterred if they are made a third degree felony; and
WHEREAS, crimes related to the illegal sale of horse meat also may be deterred if they are subject to mandatory minimum fines and periods of incarceration; and
WHEREAS, the trade in illegally acquired horse meat may be deterred to a greater degree if the scope of Section 500.451 were expanded to include any person who knowingly transports, distributes, sells, purchases, or possesses horse meat that is not clearly stamped, marked, and described as horse meat for human consumption or horse meat that has not been acquired from a legally licensed slaughterhouse; and
WHEREAS, the illegal sale of horse meat may be deterred to a greater degree if Section 500.451 authorized local governments to revoke or suspend the local business licenses of restaurants, stores, or other businesses, under circumstances to be established by the Florida Legislature, after a person has been convicted of violating Section 500.451; and
WHEREAS, Section 828.125, Florida Statutes, makes it a second degree felony to willfully and unlawfully kill a registered breed horse, but does not impose any mandatory minimum fines or periods of incarceration; and
WHEREAS, the unlawful slaughter of horses may be deterred to a greater degree if the scope of Section 828.125 were expanded to make it a second degree felony to willfully and unlawfully kill any horse, including mixed breed horses as well as registered breed horses; and
WHEREAS, the unlawful slaughter of horses may be deterred to a greater degree if persons who violate Section 828.125 were subject to mandatory minimum fines and periods of incarceration; and
WHEREAS, this increase in criminal penalties may facilitate more vigorous enforcement and prosecution of crimes related to the illegal sale of horse meat and better protect the community of horse owners in Miami-Dade County,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to:
(a) increase the criminal penalty for the illegal sale of horse meat under Section 500.451 to a third degree felony;
(b) impose mandatory minimum fines and periods of incarceration for violations of Section 500.451;
(c) expand the scope of Section 500.451 to include any persons who knowingly transport, distribute, sell, purchase, or possess horse meat which is not clearly stamped, marked, and described as horse meat for human consumption or horse meat which has not been acquired from a legally licensed slaughterhouse;
(d) authorize local governments to revoke or suspend local business licenses of restaurants, stores, or other businesses, under circumstances established by the Florida Legislature, after a person has been convicted of violating Section 500.451; and
(e) expand the scope of Section 828.125 to include mixed breed horses; and
(f) impose mandatory minimum fines and periods of incarceration for the killing of a horse in violation of Section 828.125.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Chair and Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the legislation set forth in Section 1, parts (a) through (f) above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2010 State Legislative Package to include this item.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.