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Displaying 11 - 20 of 103
Title Citation Alternate Citation Agency Citation Summary Type
FL - Exhibition - Deformed Animals - Chapter 877. Miscellaneous Crimes. West's F. S. A. § 877.16 FL ST § 877.16 This law makes it illegal to exhibit any deformed, mutilated or disfigured animal for compensation. Statute
FL - Agriculture & Consumer Services - Department Duties and Enforcement West's F. S. A. § 585.001 - 585.008 FL ST § 585.001 - 585.008 This set of laws explains the powers and duties of the Department of Agriculture & Consumer Services in enforcing the Animal Industry laws (Chapter 585). Any person or officer that is charged with a duty under the Animal Industry laws may be compelled to perform the same by mandamus, injunction, or other court-ordered remedy. Department employees are authorized to enter any premises in the state for the purposes of carrying out their duties under the Animal Industry laws and it is illegal for any person to interfere with the discharge of those duties. Statute
FL - Sharks - 379.2426. Possession of separated shark fins on the water prohibited; penalties West's F.S.A. § 379.2426 This Florida law prohibits a person from possessing in or on the waters a shark fin that has been separated from a shark or land a separated shark fin unless possession is authorized by a commission rule or such fin has been lawfully obtained on land, prepared by taxidermy, and is possessed for the purposes of display. A first-time violation is a misdemeanor of the second degree, which includes a fine of up to $4,500 and suspension of license privileges for 180 days. Subsequent violations result in enhanced penalties. Statute
Bennett v. Bennett 655 So.2d 109 (Fla.App. 1 Dist.,1995) 20 Fla. L. Weekly D225 (Fla.App. 1 Dist.,1995)

In this Florida case, the husband, Ronald Bennett, appealed a final judgment of dissolution of marriage awarding custody of the parties' dog. Specifically, the husband challenged the trial court's awarding the former wife visitation with the dog. The appellate court held that the trial court lacked the authority to order visitation with personal property (in this case, a dog). The court recognized that the lower court was trying to reach a fair solution, but the order was reversed and remanded remanded so that the trial court could award the animal pursuant to the dictates of the equitable distribution statute.

Case
Brown v. State 166 So. 3d 817 (Fla. Dist. Ct. App. 2015) 2015 WL 72231 (Fla. Dist. Ct. App. 2015) Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care. Case
City of Delray Beach v. St. Juste 989 So.2d 655 (Fla.App. 4 Dist.,2008) 2008 WL 2261598 (Fla.App. 4 Dist.); 33 Fla. L. Weekly D1456

In this Florida case, the city of Delray Beach appeals a judgment for damages in favor of  plaintiff, who was injured by two loose dogs. Plaintiff was attacked and severely injured by two large dogs owned by a resident of Delray Beach, when the dogs escaped from the resident's fenced yard. The theory of liability was based on the city's knowledge, from prior complaints and an actual visit by an animal control officer, that these dogs were loose from time to time and dangerous. This court agreed with the city, finding that the decision of an animal control officer was discretionary and therefore immune from liability under these circumstances.

Case
FL - Endangered - Endangered and Threatened Species Act West's F. S. A. § 379.2291 - 2311 FL ST § 379.2291 - 379.2311 (formerly 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. Statute
FL - Definitions - Animal Definitions West's F. S. A. § 828.02 FL ST § 828.02 The word "animal" shall be held to include every living dumb creature. Statute
FL - Police dog - 843.19. Offenses against police canines, fire canines, SAR canines, or police horses West's F. S. A. § 843.19 FL ST § 843.19 This law makes it a felony of the second degree to intentionally and knowingly, without lawful cause or justification, causes great bodily harm, permanent disability, or death to, or uses a deadly weapon upon, a police canine, fire canine, SAR canine, or police horse. Further, any person who actually and intentionally maliciously touches, strikes, or causes bodily harm to a police canine, fire canine, SAR canine, or police horse commits a misdemeanor of the first degree, Any person who intentionally or knowingly maliciously harasses, teases, interferes with, or attempts to interfere with a police canine, fire canine, SAR canine, or police horse while the animal is in the performance of its duties commits a misdemeanor of the second degree. Statute
FL - Exotic Pets - 68-5.008. Amnesty for Persons Relinquishing Non-native Pets. Fla. Admin. Code r. 68-5.008 Rule 68-5.008, F.A.C. This rule provides amnesty to non-native pet owners who voluntarily relinquish their illegal animals to state or county wildlife agencies or during Commission-sponsored amnesty events. Administrative

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