Cruelty to animals is illegal in Florida, as it is across the country. Florida also makes it a crime to neglect and abandon pets or lock them up without enough food, water, ventilation, and room to move. Below, we’ve summarized the most important state laws that pet owners and animal lovers should know about.
Florida’s main animal cruelty law makes it a crime to abuse animals in various ways, including:
Along with the other criminal penalties for animal cruelty, anyone found guilty may be prohibited from having pets for a period of time.Generally, animal cruelty is a misdemeanor, but it’s a third degree felony if the action (or failure to act) was intentional and resulted in a cruel death or excessive, repeated, and unnecessary pain or suffering. Anyone guilty of intentionally injuring, mutilating, or killing an animal will have to go to psychological counseling or anger management treatment in addition to paying a fine. Repeat offenses and more serious types of cruelty can lead to jail time. (Fla. Stats. § 828.12.)
The law defines animal cruelty as any action or neglect that causes unnecessary pain or suffering, unless it was “done in the interest of medical science.” (Fla. Stats. § 828.02.)
Law enforcement officers, animal control officers, or agents of the local human society may take custody of any abused or neglected animal. The owner will be entitled to a hearing, where the court will decide if the owner is fit to provide proper care of the animal and regain custody. (Fla. Stats. § 828.073.)
It’s also a misdemeanor in Florida to abandon pets. This includes:
(Fla. Stats. § 828.13(2)(c), (3).)
When people confine animals, they must provide:
A violation of these requirements is a misdemeanor. (Fla. Stats. § 828.13(2)(a), (b).)
Florida is one of a handful of states that allow Good Samaritans to break into locked cars to rescue pets in distress if they sincerely and reasonably believe that the animals are in immediate danger and that there’s no other way of saving them. Rescuers will be protected from civil lawsuits for damage to the vehicles if they follow certain steps, including:
(Fla. Stats. § 768.139.)
It’s a misdemeanor in Florida to injure, kill, or interfere with a service animal, or to allow a dog in your control to do so. The crime is a felony if the animal was hurt or killed intentionally. In addition the criminal penalties, the guilty person must pay full restitution for the consequences, including vet and boarding expenses, the costs of replacing the animal and training a new one, and lost wages while the person didn’t have the animal's help. (Fla. Stats. § 413.081.)
It’s not illegal in Florida to leave out poison on your own property, but it is a misdemeanor to put poison anywhere else. (Fla. Stats. § 828.08.)
In Florida, it’s a felony to be involved in any kind of animal fighting or baiting. Illegal participation includes attending or just betting on the fights. However, the law doesn’t apply to using dogs to hunt hogs. (Fla. Stats. § 828.122.)
If you’ve been accused of animal cruelty—or you’re worried about possible charges—it’s a good idea to speak with a criminal defense lawyer as soon as possible. An attorney experienced in this area should be able to explain:
