BUSINESS LAW 101 / Animal Cruelty

By Albert L. Kelley, Esq.

I am an animal lover. In my life, I have raised dogs, cats, rabbits, parrots, and the usual collection of hamsters and fish. I even considered becoming a veterinarian before deciding on law.  So the thought of someone abusing animals is horrendous.  Thankfully, we have laws to prevent animal cruelty.  

Florida Statute 828.12 states that anyone who “unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal” or who carries an animal in a vehicle in a cruel or inhumane manner, commits animal cruelty, which is a misdemeanor of the first degree.  If their action results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, it is deemed aggravated animal cruelty, which is a third-degree felony.  If it is found that the person intentionally tortured or tormented of an animal that results in the injury, mutilation, or death of the animal, the person shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.  A second conviction will result in a minimum mandatory fine of $5,000 and six-months incarceration. In addition, they will not be entitled to any reduction of the sentence but must serve 100% of it.  

Because of the high risk of injury, the law specifically states that anyone who intentionally trips, fells, ropes, or lassos the legs of a horse, unless trying to control a horse that poses risk to livestock or humans, trying to identify the owner of a horse, or to administer medicine, commits a third-degree misdemeanor. 

Even though it used to be part of the history of Key West, animal fighting has now been outlawed. Whether between roosters, dogs, bears (yes, Bears), causing animals to fight is a third-degree felony.  The law doesn’t just outlaw the actual fighting, it also outlaws a) Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting (baiting means using a  live animal to train other animals, such as racing greyhounds); b) Owning, possessing, or selling equipment for fighting or baiting; c) Owning, leasing, managing, operating, or having control of any property kept or used for fighting or baiting; d) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals; e) Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting; f) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or g) simply attending the fighting or baiting of animals. 

There are some exceptions. The use of dogs to work livestock, participate in hunting activities, or a simulated fight for use in a motion picture are not deemed violations.  

It is also against the law to own or sell any clothing containing any dog or cat fur, or killing a dog or cat for the sole purpose of using their fur.  It is a first-degree misdemeanor to confine an animal without sufficient food, water or sufficient exercise or air, or to abandon an animal that is maimed, sick, infirm, or diseased.  

If animals are being transported, the shipper cannot detain them for more than 28 hours without food and water, or have the animals so crowded as to crush, wound or kill each other.  

One part of the statute focuses primarily on Easter activities.  The law makes it a crime to dye the hair of any animal under 12 weeks old or of a bird or rabbit, regardless of their age.  It is also a second-degree misdemeanor to sell or give away any baby chickens, ducklings under 4 weeks of age or rabbits under 2 months of age.     

Al Kelley has worked as an attorney in Key West for the last 31 years.  He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a weekly YouTube channel. He also previously taught business law, personnel law, and labor law at St. Leo University. This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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