Florida Animal Laws
Florida Animal Law
| Statute Name | Citation | Summary |
| FL – Cruelty – Consolidated Cruelty Statutes | FL ST 828.01 – 828.30 | This section comprises the Florida anti-cruelty laws. Under this section, the word “animal” includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. A person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting. |
| FL – Dangerous – Additional local restrictions authorized | FL ST 767.14 | This Florida statute provides that nothing in the dangerous dog act limits the ability of local governments from enacting restrictions on dangerous dogs more severe than the state law, as long as the regulations are not breed-specific. |
| FL – Definitions – Animal Definitions | FL ST § 828.02 | The word “animal” shall be held to include every living dumb creature. |
| FL – Dog – Florida’s Assistance Animal/Guide Dog Laws | FL ST § 413.08 – 081; FL ST § 316.1303 | The following statutes comprise the state’s relevant assistance animal and guide dog laws.
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| FL – Dogs – Florida Dog /Dangerous Dog Laws | FL ST §§ 767.01 – 16; § 705.19; § 823.041; § 823.15 | These Florida statutes outline the state’s dog provisions, which mainly cover dangerous dog/dog bite laws. The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing. |
| FL – Endangered and Threatened Species Act | FL ST § 372.072 – 074 | These Florida statutes define endangered and threatened species and provide the State’s intent to protect these species. Under statute, the intentional killing or wounding of a listed species incurs a third degree felony. Interestingly, the state has a reward program for the arrest and conviction of those who violate state endangered species laws. |
| FL – Endangered Species – Killing or wounding of any species designated as endangered, threatened, or of special concern; criminal penalties | FL ST § 372.0725 | This statute prohibits the intentional killing or wounding of any animal, or the eggs or nest of any animal, listed as threatened, endangered, or of special concern, making it a third-degree felony. The bald eagle has been designated under this provision. For discussion of federal Eagle Act, see Detailed Discussion. |
| FL – Equine Activity Liability Statute | FL ST § 773.01 – 773.05 | This Florida statute provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Liability will not be limited by statute, however, where the equine professional or sponsor knew the tack or equipment was faulty, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or is otherwise in lawful possession of the land or facilities where the injury is attributable to a known dangerous latent condition, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Posting of warning signs alerting participants to the limitation of liability by law is also required. |
| FL – Hunting – Private game preserves and farms; penalty | FL ST § 372.16 | This Florida statute provides that any person owning land in this state may establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes. All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter. Violation of this section results in a misdemeanor and forfeiture of the violator’s license to operate for one year. |
| FL – Impound – Abandonment of animals by owner; procedure for handling | FL ST § 705.19 | This Florida statute provides that any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel that is abandoned by its owner or for a period of more than 10 days after written notice is given to the owner may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. This provisions immunizes such facilities from liability resulting from this action. |
| FL – Lost Property – Lost or Abandoned Property | FL ST § 705.101 – 19 | These Florida statutes comprise the state’s lost property statutes. |
| FL – Nuisance – Dogs and cats released from animal shelters or animal control agencies; sterilization requirement | FL ST § 823.15 | This Florida law states that it is the public policy of the state to encourage every feasible means of reducing the production of unneeded and unwanted puppies and kittens. In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from any public or private animal shelter or animal control agency by either providing sterilization before adopting out the pet or entering into a written agreement guaranteeing sterilization with the prospective owner. |
| FL – Ordinances – Interpretation of Dog Ordinances under Dangerous Dogs | FL ST § 767.07 | This Florida statute provides that the statutory section relating to state regulation of dangerous dogs is supplemental to all other state laws affecting dogs and shall not be construed to modify those laws or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance. |
| FL – Ordinances – Miami-Dade County and Sarasota Animal Control Ordinances | Miami-Dade County – ; Sarasota | These ordinances comprise the municipalities of Miami-Dade County and Sarasota, Florida’s animal control provisions. |
| FL – Slaughter – Limiting Cruel and Inhumane Confinement of Pigs During Pregnancy | Florida Amendment Article X Section 19 | This ballot proposal addresses the inhumane treatment of animals, specifically, pregnant pigs. 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. Note: this measure appears to have passed in the November 2002 election with 54% of the vote.
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| FL – Trust – Trust for care of an animal | FL ST § 736.0408 | This Florida statute provides that a trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal. |
| FL – Veterinary – Veterinary Medical Practice. | FL ST § 474.01 – 49 | These are the state’s veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
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Animal Law for the United States
