Petition updateHarsher punishment for animal cruelty-Ponce's Law12/18/2020 PET BAN OVERTURNED BY APPELLATE COURT 2-1
Debbie Taylor DarinoDaytona Beach, FL, United States
Dec 18, 2020

VOLUSIA COUNTY, Fla. - A divided appeals court Friday overturned a lifetime ban on pet ownership for a Volusia County man whose arrest for killing a dog helped lead to a new state law about animal abuse.

A panel of the 5th District Court of Appeal, in a 2-1 decision, said a circuit judge did not have legal authority to impose a lifetime ban on animal ownership for Travis Archer.

 The ruling said the ban should not exceed a three-year term of probation that was part of Archer’s sentence.

"We view a lifetime prohibition on Archer’s ownership of animals, however justified, to exceed the trial court’s jurisdiction," said the seven-page majority decision by Judges Richard Orfinger and John Harris. "On remand, the trial court shall modify (a condition of his probation order that imposed the lifetime ban) to be coextensive with the remainder of the probationary term."

This is what they are saying....."33. Archer agreed to an animal ownership ban for the duration of probation. However, he did not agree to a lifetime ban." 

You have to remember that Travis Archer falls under the old statute which has no provision for banning animals...PRIOR to Ponce's Law being passed. This is the reason I put the ban in the statute for Ponce's Law...so that it can be enforced in some way ...giving Judges the freedom to sentence without repercussion.

My hope is that Travis Archer has learned something from his actions. 

 

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