Florida Animal Welfare & Human Responsibilities
State law includes matters concerning animal abuse; veterinary care; euthanasia; animal fights; birds; hunting and fishing; wildlife protection; fisheries; livestock; fencing to prevent animals from running at large; disease control and quarantines; vaccinations; and a multitude of other subjects. All these laws are important, but many are relevant only to a specific element in the population and are unlikely to touch upon the lives of a person in the general population. This site addresses laws which pet parents, animal shelters, law enforcement officers, veterinarians, and those with jobs that regularly touch upon animal safety are likely to encounter at some point in day-to-day life. Animals most likely to be encountered are dogs and cats.
Please remember, this blog is not providing legal advice. It is an attempt to make laws written by lawyers understandable to non-lawyers. If you or anyone else have a specific question regarding the meaning of the law and its potential violation, please contact a lawyer to address your specific concerns.
Legalese
What Are Animals & Who Are People
§ 1.01 Definitions.
In construing these statutes and each and every word, phrase, or part hereof, where the context will permit:
(1) The singular includes the plural and vice versa.
(2) Gender-specific language includes the other gender and neuter.
(3) The word “person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations…
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Cite as Fla.Stat. § 1.01
§ 828.02. Definitions
In this chapter, and in every law of the state relating to or in any way affecting animals, the word “animal” shall be held to include every living dumb creature; the words “torture,” “torment,” and “cruelty” shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to continue when there is reasonable remedy or relief; and the words “owner” and “person” shall be held to include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation.
775.08 Classes and definitions of offenses.—When used in the laws of this state:
(1) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. “State penitentiary” shall include state correctional facilities. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.
(2) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation of any provision of chapter 316 or any municipal or county ordinance.
(3) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.
(4) The term “crime” shall mean a felony or misdemeanor.
Cite as Fla. Stat. § 775.08
§ 775.081. Classifications of felonies and misdemeanors
(1) Felonies are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
(a) Capital felony;
(b) Life felony;
(c) Felony of the first degree;
(d) Felony of the second degree; and
(e) Felony of the third degree.
A capital felony and a life felony must be so designated by statute. Other felonies are of the particular degree designated by statute. Any crime declared by statute to be a felony without specification of degree is of the third degree, except that this provision shall not affect felonies punishable by life imprisonment for the first offense.
(2) Misdemeanors are classified, for the purpose of sentence and for any other purpose specifically provided by statute, into the following categories:
(a) Misdemeanor of the first degree; and
(b) Misdemeanor of the second degree.
A misdemeanor is of the particular degree designated by statute. Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.
(3) This section is supplemental to, and is not to be construed to alter, the law of this state establishing and governing criminal offenses that are divided into degrees by virtue of distinctive elements comprising such offenses, regardless of whether such law is established by constitutional provision, statute, court rule, or court decision.
Cite as Fla. Stat. § 775.081
§ 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison
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(3) A person who has been convicted of any other designated felony may be punished as follows:
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(d) For a felony of the second degree, by a term of imprisonment not exceeding 15 years.
(e) For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;
(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.
(5) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.
(6) Nothing in this section shall be construed to alter the operation of any statute of this state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for an indeterminate period within minimum and maximum limits as provided by law, except as provided in subsection (1).
(7) This section does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.
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Cite as Fla. Stat. § 775.082
§ 775.083. Fines
(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082 ; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082 . A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:
(a) $15,000, when the conviction is of a life felony.
(b) $10,000, when the conviction is of a felony of the first or second degree.
(c) $5,000, when the conviction is of a felony of the third degree.
(d) $1,000, when the conviction is of a misdemeanor of the first degree.
(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.
(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.
(g) Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain. As used in this subsection, the term “convicted” or “conviction” means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
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Cite as Fla. Stat. § 775.083
§ 775.084. Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms…
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Cite as Fla. Stat. § 775.084
§ 828.02. Definitions
In this chapter, and in every law of the state relating to or in any way affecting animals, the word “animal” shall be held to include every living dumb creature; the words “torture,” “torment,” and “cruelty” shall be held to include every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to continue when there is reasonable remedy or relief; and the words “owner” and “person” shall be held to include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation.
§ 828.12. Cruelty to animals.
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.
(4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.
(5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport shall be guilty of a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. The provisions of this subsection shall not apply when tripping is used:
(a) To control a horse that is posing an immediate threat to other livestock or human beings;
(b) For the purpose of identifying ownership of the horse when its ownership is unknown; or
(c) For the purpose of administering veterinary care to the horse.
Cite as Fla. Stat. § 828.12
§ 828.13. Confinement of animals without sufficient food, water, or exercise; abandonment of animals.
(a) “Abandon” means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner.
(b) “Owner” includes any owner, custodian, or other person in charge of an animal.
(a) Impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water,
(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or
(c) Abandons to die any animal that is maimed, sick, infirm, or diseased,
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.
(3) Any person who is the owner or possessor, or has charge or custody, of any animal who abandons such animal to suffer injury or malnutrition or abandons any animal in a street, road, or public place without providing for the care, sustenance, protection, and shelter of such animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.
Cite as Fla.Stat. § 828.13
English Translation
What Are Animals & Who Are People
Animals are every living, dumb creature. People of common intelligence are able to determine what and what are not animals. For some laws, animals may refer to a subset of animals if the if the law itself makes a distinction. Domestic animals include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird.
“Person” includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. A corporation can be an owner of an animal. A corporation is responsible for the knowledge and acts of agents and employees in regard to animals transported, owned, used by or in the custody of a corporation.
These are general guidelines; there may be exceptions or variations depending on circumstances and criminal history of the convicted individual.
Misdemeanor of the first degree.
Anyone convicted of violating these prohibitions is guilty of a misdemeanor of the first degree. She may be imprisoned for no more than one (1) year, or fined no more than $1000, or both.
Misdemeanor of the second degree.
A person who is convicted for violating this section is guilty of a misdemeanor of the second degree. The guilty party may be sentenced to prison for a term not exceeding 60 days, or fined no more than $500, or both.
Nonspecific misdemeanor.
Any crime declared by statute to be a misdemeanor without specification of degree is of the second degree.
Felony of the third degree.
A person who is convicted under this section is guilty of a felony of the third degree. He may be imprisoned for up to five (5) years, or fined not more than $5,000, or both.
Felony of the second degree.
A person who is convicted under this section is guilty of a felony of the second degree. He may be imprisoned for no more than 15 years, or fined not more than $10,000, or both.
Second conviction.
Upon a second or subsequent conviction for a violation of this subsection, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Habitual offenders.
Extended prison terms and higher fines may be imposed upon “habitual felony offenders,” “habitual violent felony offenders,” “three-time violent felony offenders,” “violent career criminals.”
Noncriminal violation.
Any person convicted of a noncriminal violation may be fined up to $500. He may not be sentenced to a term of imprisonment nor to any other punishment more severe than the fine, forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any city or county.
An owner, custodian or other person in charge of an animal must provide or perform the legal obligations for care and support of an animal by its owner. An animal must be provided with care, sustenance, protection, and shelter. If an animal is confined, it must be given a sufficient quantity of good and wholesome food and water. If an animal is kept in an enclosure, it must be provided with wholesome exercise and change of air.
The care which must be provided to an animal and the actions which are prohibited are specific enough in the statutes for a person of common intelligence to decide what is required and what is not permitted. The requirements and prohibitions can be determined by common understanding and practice. It would be impossible for the legislature to draft a statute to encompass all situations in which treatment of an animal would be cruel.
An owner, custodian, or other person who has possession of any animal may not neglect or abandon the animal, regardless of whether the animal is healthy, maimed, sick, infirmed or diseased. An animal cannot be left to die, suffer injury or malnutrition.
The words “cruelty,” “torture,” and “torment,” mean the same thing: A person cannot cause, permit or allow to continue unnecessary or unjustifiable pain or suffering to an animal if the pain or suffering can be relieved. These words do not include acts, omissions, or neglect when done in the interest of medical science.
Florida describes animal cruelty generally. It can be any or all of the following:
a) Failing to provide necessary sustenance or shelter to an animal; or
b) Carrying an animal in or on a vehicle in a cruel or inhumane manner; or
c) Tormenting, overloading, overdriving, unnecessarily mutilating, or killing an animal.
A person who is convicted of animal cruelty is guilty of a misdemeanor of the first degree, and may be sentenced to a definite term of imprisonment not exceeding one (1) year or fined not more than $5,000 or both.
A person who commits multiple acts of animal cruelty against an animal may be charged with a separate offense for each act. A person can be charged with a separate offense for each animal that is treated cruelly.