Florida Amendment 10, Treatment of Pregnant Pigs Initiative (2002)

Florida Amendment 10
Election date November 5, 2002
Topic Animal treatment laws
Status Approved
Type Initiated constitutional amendment	Origin Citizens

Florida Amendment 10 was on the ballot as an initiated constitutional amendment in Florida on November 5, 2002. It was approved.

A “yes” vote supported establishing that no pregnant pig may be confined in a way that it can not turn around, with certain exceptions.

A “no” vote opposed establishing that no pregnant pig may be confined in a way that it can not turn around, with certain exceptions.

Election results

Florida Amendment 10
Result		Votes	Percentage
Yes		2,608,996	54.75%
No		2,155,911	45.25%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Amendment 10 was as follows:

“

Inhumane treatment of animals is a concern of Florida citizens; to prevent cruelty to animals and as recommended by The Humane Society of the United States, no person shall confine a pig during pregnancy in a cage, crate or other enclosure, or tether a pregnant pig, on a farm so that the pig is prevented from turning around freely, except for veterinary purposes and during the prebirthing period; provides definitions, penalties, and an effective date.

”

Full Text

The full text of this measure is available here.

Constitutional changes

The text of the amendment read:

Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy. Inhumane treatment of animals is a concern of Florida citizens. To prevent cruelty to certain animals and as recommended by The Humane Society of the United States, the people of the State of Florida hereby limit the cruel and inhumane confinement of pigs during pregnancy as provided herein. a. It shall be unlawful for any person to confine a pig during pregnancy in an enclosure, or to tether a pig during pregnancy, on a farm in such a way that she is prevented from turning around freely. b. This section shall not apply: 1. when a pig is undergoing an examination, test, treatment or operation carried out for veterinary purposes, provided the period during which the animal is confined or tethered is not longer than reasonably necessary. 2. during the prebirthing period. a. For purposes of this section: 1. "enclosure" means any cage, crate or other enclosure in which a pig is kept for all or the majority of any day, including what is commonly described as the "gestation crate." 2. "farm" means the land, buildings, support facilities, and other appurtenances used in the production of animals for food or fiber. 3. "person" means any natural person, corporation and/or business entity. 4. "pig" means any animal of the porcine species. 5. "turning around freely" means turning around without having to touch any side of the pig’s enclosure. 6. "prebirthing period" means the seven day period prior to a pig’s expected date of giving birth. a. A person who violates this section shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082(4)(a), Florida Statutes (1999), as amended, or by a fine of not more than $5000, or by both imprisonment and a fine, unless and until the legislature enacts more stringent penalties for violations hereof. On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Section 828.13, Florida Statutes (1999). The confinement or tethering of each pig shall constitute a separate offense. The knowledge or acts of agents and employees of a person in regard to a pig owned, farmed or in the custody of a person, shall be held to be the knowledge or act of such person. b. It is the intent of this section that implementing legislation is not required for enforcing any violations hereof. c. If any portion of this section is held invalid for any reason, the remaining portion of this section, to the fullest extent possible, shall be severed from the void portion and given the fullest possible force and application. d. This section shall take effect six years after approval by the electors.

Aftermath

While proposed as Article X, Section 19, it amendment was later rename to Article X, Section 21 to avoid confusion with another amendment that became Section 19.

Path to the ballot

See also: Signature requirements for ballot measures in Florida

The ballot measure was an initiated constitutional amendment. Proponents collected signatures to place the initiative on the ballot.

See also

2002 Measures

• 2002 Measures
• Animal treatment laws on the ballot
• 2002 legislative sessions

Florida

• Florida ballot measures
• Florida ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Florida Division of Elections, "Initiatives / Amendments / Revisions Database"