Florida Statutes
Fla. Stat. § 828.02 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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828.02 Definitions.—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 unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted, or allowed to continue when there is reasonable remedy or relief; and the words “owner” and “person” shall be held to include corporations, and the knowledge and acts of agents and employees of corporations in regard to animals transported, owned, employed by or in the custody of a corporation, shall be held to be the knowledge and act of such corporation.
Notes of Decisions
Cited in 8
cases, 1953–2014 · leading case: In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008).
In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “§ 828.02, Fla. Stat. "Cruelty" ["Torture"] ["Torment"] includes any act, omission, or negligence whereby unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue when there is reasonable remedy or relief, except when done in the interest of…”
Wilkerson v. State, 401 So. 2d 1110 (Fla. 1981). “There can be no doubt that the legislature intended for raccoons to be included in this definition.”
State v. Buford, 331 P.2d 1110 (N.M. 1958). “" See § 828.02, Fla.Stats. 1953, F.S.A.; Art. 27, § 62, Md.”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “§ 828.02, Fla. Stat. Only read definition for terms “Torture” or “Torment” when State seeks sentencing enhancements pursuant to § 828.”
Hynes v. State, 1 So. 3d 328 (Fla. 5th DCA 2009). “See § 828.02, Fla. Stat. (2007). The trial court then decided that there was no proof of corpus delicti because there was no veterinary testimony that the dogs suffered pain due to the withholding of food.”
State v. Cleve, 949 P.2d 672 (N.M. Ct. App. 1997). “1981) (quoting Fla.Stat. § 828.02 (1979)). Conversely, Texas defines “animal” within its cruelty to animals statute as “a domesticated living creature and wild living creature previously captured.”
Kiper v. State, 310 So. 2d 42 (Fla. 4th DCA 1975). “" Section 828.02, Florida Statutes, defines the words "torture," "torment," and "cruelty" to include "every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science, permitted or allowed to…”
Mikell v. Henderson, 63 So. 2d 508 (Fla. 1953). “is Section 828.02, F.S.A., which is as follows: "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…”
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