|Statute by category||Citation||Summary|
|FL - Definitions - Animal Definitions||West's F. S. A. § 828.02||
The word "animal" shall be held to include every living dumb creature.
|FL - Cruelty, Humane Slaughter - Consolidated Cruelty Statutes/Humane Slaughter Laws||West's F. S. A. § 828.01 - 828.43; West's F. S. A. § 768.139||
This section comprises the Florida anti-cruelty laws. Under this section, the word "animal" includes every living dumb creature. The misdemeanor violation of animal cruelty (section 828.12) occurs when a person unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or carries in or upon any vehicle, any animal in a cruel or inhumane manner. 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 is guilty of a felony of the third degree. Psychiatric or psychological counseling are also mandatory for convicted offenders. The section also criminalizes animal abandonment and neglect as well as animal fighting.
|FL - Sterilization - Chapter 823. Public Nuisances||West's F. S. A. § 823.15||
This Florida law declares that it is the public policy of the state that every feasible means be used to reduce the incidence of birth of unneeded and unwanted puppies and kittens. In furtherance of this policy, provision shall be made for the sterilization of all dogs and cats sold or released for adoption from any public or private animal shelter or animal control agency by either providing sterilization by a licensed veterinarian before relinquishing custody of the animal or entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. All costs of sterilization pursuant to this section shall be paid by the prospective adopter unless otherwise provided for by ordinance of the local governing body or provided for by the humane society governing body.
|FL - Equine Activity Liability Statute- Chapter 773. Equine Activities.||West's F. S. A. § 773.01 - 773.06||
This Florida statute provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Liability will not be limited by statute, however, where the equine professional or sponsor knew the tack or equipment was faulty, failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, owns or is otherwise in lawful possession of the land or facilities where the injury is attributable to a known dangerous latent condition, commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, or intentionally injures the participant. Posting of warning signs alerting participants to the limitation of liability by law is also required.
|FL - Immunity, Care For Injured Animals - Chapter 768. Negligence||West's F. S. A. § 768.13||
This section comprises Florida's Good Samaritan Act. Under the Act, any person , including those licensed to practice veterinary medicine, who gratuitously (without payment) and in good faith renders emergency care or treatment to an injured animal at the scene of an emergency on or adjacent to a roadway shall not be held liable for any civil damages as a result of such care or treatment where the person acts as an ordinary reasonably prudent person would have acted under the same or similar circumstances.
|FL - Dangerous Dog - CHAPTER 767. DAMAGE BY DOGS.||West's F. S. A. § 767.14||This Florida statute provides that nothing in the dangerous dog act limits the ability of local governments from enacting restrictions on dangerous dogs more severe than the state law, as long as the regulations are not breed-specific.|
|FL - Ordinances - Interpretation of Dog Ordinances under Dangerous Dogs||West's F. S. A. § 767.07||This Florida statute provides that the statutory section relating to state regulation of dangerous dogs is supplemental to all other state laws affecting dogs and shall not be construed to modify those laws or to prevent municipalities from prohibiting, licensing, or regulating the running at large of dogs within their respective limits by law or ordinance.|
|FL - Domestic Violence - 741.30. Domestic violence; injunction; powers||West's F. S. A. § 741.30||
This Florida law allows petitioners to file injunctions for protection against domestic violence. Among the described incidents of domestic violence from which the petitioner may obtain protection is where the respondent has "intentionally injured or killed a family pet." The court may considers this as a factor when determining whether there is reasonable cause to believe the petitioner is in imminent danger of becoming a victim of domestic violence (see Section (6)(b)(4)). In 2012, an amendment was added to provide exemptions from public records requirements for personal identifying and location information of victims of domestic violence, repeat violence, sexual violence, and dating violence held by the clerks and law enforcement agencies.
|FL - Trust, animal - Chapter 736. Florida Trust Code||West's F. S. A. § 736.0408||
This Florida statute provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, on the death of the last surviving animal.
|FL - Liens, veterinary - 713.655. Liens for professional services of veterinarians||West's F. S. A. § 713.655||
This section comprises Florida's veterinary lien law. A lien exists in favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner's agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services. The lien remains valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state.
|FL - Impound - Abandonment of animals by owner; procedure for handling||West's F. S. A. § 705.19||
This Florida statute provides that any animal placed in the custody of a licensed veterinarian or bona fide boarding kennel that is abandoned by its owner or for a period of more than 10 days after written notice is given to the owner may be turned over to the custody of the nearest humane society or dog pound in the area for disposal as such custodian may deem proper. This provisions immunizes such facilities from liability resulting from this action.
|FL - Lost Property - Lost or Abandoned Property||West's F. S. A. § 705.101 - 19||
These Florida statutes comprise the state's lost property statutes.
|FL - Department of Agriculture & Consumer Services - Animal Disease Control||West's F. S. A. § 585.01 - 585.69||
This set of laws addresses the role of the Department of Agriculture & Consumer Services, Division of Animal Industry in the prevention, control, or eradication of any contagious, infectious, or communicable disease among domestic or wild animals. The Department is authorized to regulate the importation, transportation, transfer of ownership, and maintenance of animals; establish quarantine areas; and inspect, test, treat, condemn, and destroy animals and animal housing facilities as necessary for the eradication of communicable diseases or the detection of harmful biological and chemical residues in food animals. The laws also direct the Department to develop a list of dangerous transmissible diseases. All veterinarians and animal owners are required to report suspected and confirmed cases of dangerous transmissible diseases to the State Veterinarian; failure to do so is a felony of the second degree.
|FL - Agriculture & Consumer Services - Department Duties and Enforcement||West's F. S. A. § 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.
|FL - Department of Agriculture & Consumer Services - Enforcement||West's F. S. A. § 570.65; 570.15; 570.051||
This set of laws authorizes the establishment of the Office of Agricultural Law Enforcement within the Department of Agriculture & Consumer Services for the enforcement of laws relating to wild or domesticated animals or animal products. Law enforcement officers employed by the Department have statewide jurisdiction and have full law enforcement powers granted to other peace officers of the state, including the authority to make arrests, carry firearms, serve court process, and seize contraband and the proceeds of illegal activities. It is a misdemeanor of the second degree to threaten, interfere with, or impersonate an enforcement officer or other employee of the Department.
|FL - Dogs - Florida Dog /Dangerous Dog Laws||West's F. S. A. § 509.233; § 767.01 - 16; § 705.19; § 823.041; § 823.15 - 151; § 877.14||
These Florida statutes outline the state's dog provisions, which mainly cover dangerous dog/dog bite laws. The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree. The dog will be impounded for a period of ten days during which time the owner of the dog may request a hearing.
|FL - Restaurant - 509.233. Public food service establishment requirements; local exemption for dogs||West's F. S. A. § 509.233||
Florida was one of the first states to enact a law on dogs in restaurants in 2006. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Certain things must be included in the ordinance such as a requirement that staff wash after touching pets, a rule that patrons keep dogs on leashes and under control, a prohibition against dogs on chairs, tables, or other furnishings, signs that list the rules for employees and patrons, and a clean-up station in the outdoor dining area. There are also reporting requirements by the local governments to the State of Florida under the law. The city or county must also have a system in place to document and respond to complaints.
|FL - Horse Slaughter - 500.451. Horse meat; offenses||West's F. S. A. § 500.451||
This Florida makes it unlawful for any person to sell in the markets of this state horse meat for human consumption unless the horse meat is clearly stamped, marked, and described as horse meat for human consumption or to knowingly transport, distribute, sell, purchase, or possess horse meat for human consumption that is not clearly stamped, marked, and described as horse meat for human consumption or horse meat that is not acquired from a licensed slaughterhouse.
|FL - Cemetery Regulation - § 497.273. Cemetery companies; authorized functions||West's F. S. A. § 497.273||This statute describes the services a cemetery may provide and whether the cemetery may provide those services exclusively. It prohibits the commingling of cremated animal remains with human remains, but allows the entombment of the cremated remains of the decedent's pet with the authorization of a legally authorized person.|
|FL - Veterinary - Veterinary Medical Practice.||West's F. S. A. § 474.201 - 221||
These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.
|FL - Assistance Animal - Florida's Assistance Animal/Guide Dog Laws||West's F. S. A. § 413.08 - 081; West's F. S. A. § 316.1301, 1303; West's F. S. A. § 760.08||
The following statutes comprise the state's relevant assistance animal and guide dog laws.
|FL - Endangered Species - Chapter 379. Fish and Wildlife Conservation.||West's F. S. A. § 379.411||This statute prohibits the intentional killing or wounding of any animal, or the eggs or nest of any animal, listed as threatened, endangered, or of special concern, making it a Level Four violation under s. 379.401. The bald eagle has been designated under this provision.|
|FL - Fish and Wildlife Conservation - Part V. Law Enforcement||West's F. S. A. § 379.33 - 379.343||This set of laws describes the scope and methods of enforcement of the state's fish and wildlife laws.|
|FL - Hunting - 379.302. Private game preserves and farms; regulations; penalties||West's F. S. A. § 379.302||
This Florida statute provides that any person owning land in this state may establish, maintain, and operate within the boundaries thereof, a private preserve and farm, not exceeding an area of 640 acres, for the protection, preservation, propagation, rearing, and production of game birds and animals for private and commercial purposes. All private game preserves or farms established under the provisions of this section shall be fenced in such manner that domestic game thereon may not escape and wild game on surrounding lands may not enter. Violation of this section results in a misdemeanor and forfeiture of the violator's license to operate for one year.
|FL - Wildlife - Chapter 379. Fish and Wildlife Conservation.||West's F. S. A. § 379.231 - 504||
These Florida laws concern the keeping and taking of captive wildlife. Places where wildlife is held in captivity are subject to inspection by the officers of the state commission at any time. The commission shall promulgate rules defining Class I, Class II, and Class III types of wildlife. A companion statutory section provides that, in order to assure humane treatment of captive wildlife, no person, firm, corporation or association shall be in possession of captive wildlife for public display unless a permit has been obtained. The cost of the permit depends on whether the species fall into Class I, II, or III).
|FL - Endangered - Endangered and Threatened Species Act||West's F. S. A. § 379.2291 - 2311||
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.
|FL - Hunting - Chapter 379. Fish and Wildlife Conservation.||West's F. S. A. § 379.105||
This law represents the state's hunter harassment provision. Under the law, a person may not intentionally, within a publicly or privately owned wildlife management or fish management area or on any state-owned water body, interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another or attempt to disturb wildlife or fish to prevent their lawful taking. Any person who violates this section commits a Level Two violation.
|FL - Vehicle - 316.0825. Vehicle approaching an animal||West's F. S. A. § 316.0825||Every person operating a motor vehicle shall use reasonable care when approaching or passing a person who is riding or leading an animal upon a roadway or the shoulder thereof. A violation of this section is a noncriminal traffic infraction.|
|FL - Disaster - 252.3568. Emergency sheltering of persons with pets||West's F. S. A. § 252.3568 - 3569||
In Florida, there must be strategies for the evacuation of persons with pets in the state and local comprehensive emergency management plans.
|FL - Education - 1003.47. Biological experiments on living subjects||West's F. S. A. § 1003.47||This Florida law provides guidelines for use of animals in K-12 instruction. It prohibits surgery or dissection on any living mammalian vertebrate or bird (vivisection). While dissection may be performed on nonliving subjects, students may be excused from this upon written request from a parent. In addition, any live animals on the premises of public and private elementary, middle, and high schools shall be housed and cared for in a humane and safe manner. If any instructional employee of a public high school or career center knowingly or intentionally fails or refuses to comply with any of the provisions of this section, the district school board may suspend, dismiss, return to annual contract, or otherwise discipline such employee as provided in the law.|
|CA - Vehicle - § 23117. Transportation of animals; enclosure or restraint requirements||West's Ann.Cal.Vehicle Code § 23117||
This California law prohibits any person from transporting any animal in the open back of a vehicle on a highway unless the vehicle has sides that extend 46" vertically, or the animal is secured in a cage and cross-tethered to prevent it from jumping out of the vehicle. The law targets the transporting of dogs in the back of pickup trucks. Exclusions include the transportation of livestock and farm dogs.
|CA - Facility - § 868.4. Authorization for therapy or facility dogs to accompany certain witnesses in criminal||West's Ann.Cal.Penal Code § 868.4||This law, effective in 2018, allows either party in a criminal or juvenile hearing to ask the court for approval to bring a therapy or facility dog for a child witness in a court proceeding involving any serious felony or any other victim who is entitled to a support person. Before a therapy or facility dog may be used, the party seeking its use must file a motion with the court that includes: (1) the training or credentials of the therapy or facility dog; (2) the training of the therapy or facility dog handler; and (3) facts justifying that the presence of the therapy or facility dog may reduce anxiety or otherwise be helpful to the witness while testifying. The court may grant the motion unless it finds the use of the therapy or facility dog would cause undue prejudice or be unduly disruptive to the court. Appropriate measures must be taken to assure that the presence of the therapy or facility dog as unobtrusive and nondisruptive as possible.|
|CA - Animal Control - Chapter 4. Animal Control||West's Ann.Cal.Health & Safety Code §§ 121875 - 121945||Beyond being domestic pets, dogs provide many services to humans, such as tracking scents and guarding facilities. Below is a collection of California laws, collectively known as the Dog Act, that set out definitions, requirements, and penalties relating to guard dogs, tracking dogs, narcotics dogs, sentry dogs and the people who handle them.|
|CA - Restaurant - § 114259.5. Live animals||West's Ann.Cal.Health & Safety Code § 114259.5||
In 2014, California added amendments to its law on "Live Animals" in the Retail Food Code related to pet dogs in outdoor dining areas. If a food establishment owner allows it, patrons may bring their pet dogs to an outdoor dining area if requirements are met. Like other states, there must be an outdoor entrance, employees must wash hands if they touch the dogs, dogs must be leashed and under control, pet waste must be properly dealt with, and "food and water provided to pet dogs shall only be in single-use disposable containers." This last provision is interesting because it considers the needs of the canine customers.
|CA - Dog Park - § 831.7.5. Liability of public entity owning or operating a dog park; actions of a dog in the dog park||West's Ann.Cal.Gov.Code § 831.7.5||This law in the Government Code states that a public entity that owns or operates a dog park shall not be held liable for injury or death of a person or pet resulting solely from the actions of a dog in the dog park.|
|CA - Dog, dangerous - § 31625. Seizure and impoundment pending hearing||West's Ann.Cal.Food & Agric.Code § 31625||
This California statute allows an animal control officer or law enforcement officer to seize and impound the dog pending hearing if there is probable cause to believe the dog poses an immediate threat to public safety. The owner or keeper of the dog shall be liable to the city or county where the dog is impounded for the costs and expenses of keeping the dog, if the dog is later adjudicated potentially dangerous or vicious.
|CA - Dogs - Consolidated Dog Laws||West's Ann.Cal.Food & Agric.Code § 30501 - 31683; West's Ann. Cal. Fish & G. Code § 3508; 3960 - 3961; West's Ann. Cal. Gov. Code § 38792; West's Ann. Cal. Gov. Code § 25803; West's Ann. Cal. Civ. Code § 3340 - 3342.5; West's Ann.Cal.Food & Agric.Code § 3||These statutes represent California's dog laws. Included are provisions on county control of dogs, licensing, killing and seizure of dogs, and laws regarding dangerous or vicious dogs.|
|CA - Sharks - § 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions||West's Ann.Cal.Fish & G.Code §§ 2021, 2021.5||
Under these California statutes, it is unlawful to possess, sell, offer for sale, trade, or distribute a shark fin. However, there are exceptions for people who have a license or permit. In addition, people and restaurants who have a shark fin as of January 1, 2012 may possess it until January 1, 2013.
|CA - Research animals - § 66017.7. Animals used for diagnostic purposes or medical research||West's Ann.Cal.Educ.Code § 66017.7||This California law effective in 2016 allows for adoption of cats or dogs used in medical research. If the public postsecondary educational institution (or independent institution) assesses the health of an animal and determines: (1) that the animal is suitable for adoption; (2) the animal's destruction is not required; and (3) the animal is no longer needed, it shall offer the dogs or cats to an animal adoption organization or animal rescue organization for adoption prior to euthanizing those animals.|
|CA - Housing, mobile homes - § 798.33. Pets||West's Ann.Cal.Civ.Code § 798.33||This California law relates to pets in mobile home parks. It states that no lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. "Pet" is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner.|
|CA - Cruelty, unattended animal - § 43.100. Property damage or trespass to motor vehicle resulting from rescue of animal;||West's Ann.Cal.Civ.Code § 43.100||This California law effective January 1, 2017 states that there is no civil liability for property damage to a motor vehicle if the damage was caused by a person rescuing an animal under Section 597.7 of the Penal Code.|
|CA - Lien, veterinary - Chapter 6. Other Liens.||West's Ann.Cal.Civ.Code § 3051, 3052||
These California laws concern possessory liens for services, which includes veterinary proprietors and veterinary surgeons. Under Section 3051, a person who is in lawful possession of an article of person property and renders service or safekeeping to the owner has a lien on that property for compensation due. The section then specifically states that, ". . . veterinary proprietors and veterinary surgeons shall have a lien dependent on possession, for their compensation in caring for, boarding, feeding, and medical treatment of animals." The companion section states that the person holding the lien under Section 3051, if not paid the amount due within 10 days, may sell such property at public auction by giving at least 10 days notice.
|CA - Declaw, debark - § 1942.7. Conditions on occupancy based on declawing or devocalizing animals||West's Ann.Cal.Civ.Code § 1942.7||This California law prohibits any owner or property manager from advertising a requirement, refusing occupancy of, or otherwise requiring a prospective tenant to declaw or devocalize any animal allowed on the premises. A city attorney, district attorney, or other law enforcement prosecutorial entity has standing to enforce this section and may sue for declaratory relief or injunctive relief for a violation of this section. Violation results in a civil penalty of not more than $1,000.|
|CA - Sales - § 1670.10. Sale of dogs and cats; retail installment contracts prohibited; remedies||West's Ann.Cal.Civ.Code § 1670.10||This law, effective 2018, prohibits the transfer of ownership of dogs and cats through retail installment contracts. This is a contract where transfer ownership of a dog or cat in which ownership is contingent upon the making of payments over a period of time subsequent to the transfer of possession of the dog or cat. These contracts on or after January 1, 2018 are void as against public policy in the state|
|CA - Horse - § 21759. Caution in passing animals||West's Ann. Cal. Vehicle Code § 21759||This California law provides that the driver of any vehicle that approaches a horse drawn vehicle, any ridden animal, or livestock must exercise proper control of his vehicle and shall reduce speed or stop as may appear necessary to avoid frightening the animal and to insure safety of the person in charge of the animal.|
|CA - Parks - § 5008.1. Animals brought into parks; conditions; maintenance of Internet Web site||West's Ann. Cal. Pub. Res. Code § 5008.1||This law allows the state parks director to determine when it is in the public interest to allow visitors to bring animals to units of the state park system. Animals brought in by visitors must be under immediate control of the visitor and must not pose a safety threat, create a public nuisance, or pose of threat to natural or cultural resources. The department may require a person bringing an animal into a state park system to provide proof of appropriate immunizations and valid licenses. In 2018, the legislature added a part to the law that states no later than July 1, 2020, the department shall establish and maintain on its Internet Web site a comprehensive, up-to-date list of each state park system unit with information on whether the unit or a portion of the unit allows dogs and additional information that may include, but is not limited to, the specific areas of the unit in which dogs are allowed and the total miles of trail in the unit that are open to dogs.|
|CA - Trusts - § 15212. Trusts for care of animals; duration; requirements; accountings; beneficiaries||West's Ann. Cal. Prob. Code § 15212||
This California statute provides that a person can create a trust for the care of a designated domestic or pet animal for the life of the animal. The duration will only be for the life of the pet, even if the trust instrument contemplates a longer duration. Note that the statute uses the singular form of "animal" and the term "domestic" or "pet" is used.
|CA - Enforcement - Chapter 5. Arrest, by Whom and How Made.||West's Ann. Cal. Penal Code § 837, 847||
This set of provisions authorizes private citizens to make arrests and explains when and how citizen arrests may be made.
|CA - Importation - Chapter 2. Of Other and Miscellaneous Offenses (653o - 653r)||West's Ann. Cal. Penal Code § 653o - 653r||
These California laws relate to the importation of certain animals parts for commercial purposes. Under the law, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. Starting in 2015, it shall be unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any crocodile or alligator. Section 653p makes it unlawful to posses with the intent to sell any part or dead body of any species on the federal endangered species list or species covered under the MMPA. Section 653q makes it illegal to import for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal.
|CA - Zoo - § 602.13. Entering animal enclosure at zoo, circus, or traveling animal exhibit; punishment; exceptions; other prosec||West's Ann. Cal. Penal Code § 602.13||
This law makes it an infraction for a person to enter into an animal enclosure at a zoo, circus, or traveling animal exhibit if that facility is licensed or permitted to display animals and if it posts signs prohibiting entrance into the animal enclosures.