Chapter 828 — Chapter 828
35 sections in this chapter.
Fla. Stat. § 828.02 Definitions
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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 unnece…
Fla. Stat. § 828.03 Agents of counties, societies, etc., may prosecute violators
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(1) Any county or any society or association for the prevention of cruelty to children or animals, organized under the laws of this state, may appoint agents for the purpose of investigating violations of any of the provisions of this chapter or any other law of the state for the…
Fla. Stat. § 828.05 Killing an injured or diseased domestic animal
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(1) The purpose of this section is to provide a swift and merciful means whereby domestic animals which are suffering from an incurable or untreatable condition or are imminently near death from injury or disease may be destroyed without unconscionable delay and in a humane and p…
Fla. Stat. § 828.055 Controlled substances and legend drugs; permits for use
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(1) The Board of Pharmacy shall adopt rules providing for the issuance of permits authorizing the purchase, possession, and use of sodium pentobarbital, sodium pentobarbital with lidocaine, tiletamine hydrochloride, alone or combined with zolazepam (including Telazol), xylazine (…
Fla. Stat. § 828.058 Euthanasia of dogs and cats
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(1) Sodium pentobarbital, a sodium pentobarbital derivative, or other agent the Board of Veterinary Medicine may approve by rule shall be the only methods used for euthanasia of dogs and cats by public or private agencies, animal shelters, or other facilities which are operated f…
Fla. Stat. § 828.065 Euthanasia of animals offered for sale by pet shops
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(1)(a) A warm-blooded animal, except one held as food for another animal, offered for sale, or obtained for sale by a pet shop may be euthanized only by administering sodium pentobarbital, a sodium pentobarbital derivative, or a substance or procedure which acts on the central ne…
Fla. Stat. § 828.073 Animals found in distress
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(1) The purpose of this section is to provide a means by which a neglected or mistreated animal may be:(a) Removed from its present custody, or(b) Made the subject of an order to provide care, issued to its owner by the county court, any law enforcement officer, any animal contro…
Fla. Stat. § 828.08 Penalty for exposing poison
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Whoever leaves or deposits any poison or any substance containing poison, in any common street, alley, lane, or thoroughfare of any kind, or in any yard or enclosure other than the yard or enclosure occupied or owned by such person, shall be guilty of a misdemeanor of the first d…
Fla. Stat. § 828.12 Cruelty to animals
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(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, …
Fla. Stat. § 828.121 Conduct of simulated bullfighting exhibitions
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It shall be unlawful, and punishable as a misdemeanor, for any person to conduct or engage in a simulated or bloodless bullfighting exhibition.
Fla. Stat. § 828.122 Fighting or baiting animals; offenses; penalties
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(1) This act may be cited as “The Animal Fighting Act.”(2) As used in this section, the term:(a) “Animal fighting” means fighting between roosters or other birds or between dogs, bears, or other animals.(b) “Baiting” means to attack with violence, to provoke, or to harass an anim…
Fla. Stat. § 828.123 Killing dog or cat with intent of selling or giving away pelt; possession, sale, or importation of pelt with intent of selling or giving away; penalty
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(1) A person who kills any dog or cat with the sole intent of selling or giving away the pelt of such animal commits a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or by both imprisonment and a fine.(2) A person who posse…
Fla. Stat. § 828.1231 Sale of garments or items of clothing containing dog or cat fur prohibited; sale of pelt of any dog or cat prohibited; penalty
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(1) It is unlawful for any person to knowingly sell or offer for sale, directly or indirectly, at wholesale or at retail, in this state any garment, or any item of clothing or apparel that is made, in whole or in part, from the fur of any dog or cat, or which contains or to which…
Fla. Stat. § 828.125 Killing or aggravated abuse of horses or cattle; offenses; penalties
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Any other provisions of this chapter to the contrary notwithstanding:(1) Any person who willfully and unlawfully, by any means whatsoever, kills, maims, mutilates, or causes great bodily harm or permanent breeding disability to any animal of the genus Equus (horse) or any animal …
Fla. Stat. § 828.126 Sexual activities involving animals
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(1) As used in this section, the term “sexual contact with an animal” means any act committed between a person and an animal for the purpose of sexual gratification, abuse, or financial gain which involves:(a) Contact between the sex organ or anus of one and the mouth, sex organ,…
Fla. Stat. § 828.13 Confinement of animals without sufficient food, water, or exercise; abandonment of animals
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(1) As used in this section:(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.(2) W…
Fla. Stat. § 828.14 Water and food for stock on trains, vessels, etc
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(1) No person or corporation, or agent of either, engaged in transporting livestock on railway trains or on steam or sailing vessels, or otherwise, shall detain such stock for a longer continuous period than 28 hours after the same are so placed without supplying the same with ne…
Fla. Stat. § 828.16 Contagious diseases
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Whoever, being the owner, or having the charge of any animal, knowing the same to have any contagious or infectious disease, or to have been recently exposed thereto, sells, barters, or disposes of such animal without first disclosing to the person to whom the same is sold, barte…
Fla. Stat. § 828.1615 Prohibiting artificial coloring and sale of certain animals
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(1) It is unlawful for a person to:(a) Dye or artificially color an animal that is under 12 weeks of age, or a fowl or rabbit of any age;(b) Bring a dyed or artificially colored animal that is under 12 weeks of age, or a fowl or rabbit of any age, into this state; or(c) Sell, off…
Fla. Stat. § 828.17 Officer to arrest without warrant
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Any sheriff or any other peace officer of the state, or any police officer of any city or town of the state, shall arrest without warrant any person found violating any of the provisions of ss. 828.08, 828.12, and 828.13-828.16, and the officer making the arrest shall hold the of…
Fla. Stat. § 828.22 Humane Slaughter Act; humane slaughter and livestock euthanasia; requirements
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(1) Sections 828.22-828.26 may be cited as the “Humane Slaughter Act.”(2)(a) The Legislature of this state finds that the use of humane methods in the killing of livestock prevents needless suffering, results in safer and better working conditions for persons engaged in the slaug…
Fla. Stat. § 828.23 Definitions; ss. 828.22-828.26
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As used in ss. 828.22-828.26, the following words shall have the meanings indicated:(1) “Department” means the Department of Agriculture and Consumer Services.(2) “Person” means any individual, partnership, corporation, or association doing business in this state, in whole or in …
Fla. Stat. § 828.24 Prohibited acts; exemption
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(1) No person shall kill an animal in any way except by an approved humane method.(2) No person shall shackle or hoist with intent to kill any animal prior to rendering the animal insensitive to pain.(3) Nothing in this section precludes the enforcement of s. 828.12 relating to c…
Fla. Stat. § 828.25 Administration; rules; inspection; fees
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(1) The department shall administer the provisions of ss. 828.22-828.26. It shall adopt and may from time to time revise rules, which rules must conform substantially to and must not be less restrictive than the rules and regulations promulgated by the Secretary of Agriculture of…
Fla. Stat. § 828.251 Instruction
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The department, in conjunction with the State University System, the American Veterinary Medical Association, and humane animal groups, shall make available to slaughterers the most current technical information. Such information may be in video or manual format, or another widel…
Fla. Stat. § 828.252 Nonambulatory animals
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This section acknowledges that natural emergencies may arise and that, even under recognized best management practices, injury may occur. In all cases, nonambulatory animals must be dealt with in a humane manner.(1) As used in this section, the term “nonambulatory animal” means a…
Fla. Stat. § 828.26 Penalties
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(1) Any person who violates the provisions of ss. 828.22-828.26 and any rule associated with these sections shall be subject to an administrative fine of up to $10,000 for each violation.(2) Unless otherwise provided, any person who violates any provision of ss. 828.22-828.26 com…
Fla. Stat. § 828.27 Local animal control or cruelty ordinances; penalty
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(1) As used in this section, the term:(a) “Animal” means any living dumb creature.(b) “Animal control officer” means any person employed or appointed by a county or municipality who is authorized to investigate, on public or private property, civil infractions relating to animal …
Fla. Stat. § 828.28 Local animal licensing ordinances; notices
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(1) Any county or municipality that has a licensing requirement for dogs must provide notice to dog owners at least 45 days prior to any licensure renewal deadline. The notice must contain information describing the licensing requirements and any associated penalties.(2) Counties…
Fla. Stat. § 828.29 Dogs and cats transported or offered for sale; health requirements; consumer guarantee
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(1)(a) For each dog transported into the state for sale, the tests, vaccines, and anthelmintics required by this section must be administered by or under the direction of a veterinarian, licensed by the state of origin and accredited by the United States Department of Agriculture…
Fla. Stat. § 828.30 Rabies vaccination of dogs, cats, and ferrets
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(1)(a) All dogs, cats, and ferrets 4 months of age or older must be vaccinated by a licensed veterinarian or a person authorized under paragraph (b) against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species.(b) Acting u…
Fla. Stat. § 828.40 Short title
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Sections 828.40-828.43 may be cited as the “Florida Animal Enterprise Protection Act.”
Fla. Stat. § 828.41 Definitions relating to Florida Animal Enterprise Protection Act
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As used in ss. 828.40-828.43, the term:(1) “Animal enterprise” means:(a) A commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing;(b) A zoo, aquarium, circus, rodeo, or lawful competitive animal event; or(c) Any fair or…
Fla. Stat. § 828.42 Animal enterprise disruption; criminal penalties
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(1) A person who intentionally causes physical disruption to the property, personnel, or operations of an animal enterprise by intentionally stealing, damaging, or causing the loss of, any property, including animals or records, used by the animal enterprise, and thereby causes e…
Fla. Stat. § 828.43 Injunction
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In a case of ongoing animal enterprise disruption, the aggrieved animal enterprise may obtain injunctive relief.