Florida Statutes
Fla. Stat. § 828.058 (2025)
Euthanasia of dogs and cats.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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828.058 Euthanasia of dogs and cats.—
(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 for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference:
(a) Intravenous injection by hypodermic needle;
(b) Intraperitoneal injection by hypodermic needle; or
(c) If the dog or cat is unconscious with no corneal reflex, intracardial injection by hypodermic needle.
(2) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed.
(3) Succinylcholine chloride, curare, curariform mixtures, any substance which acts as a neuromuscular blocking agent, or a chamber which causes a change in body oxygen may not be used on a dog or cat for any purpose. However, whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent of a local animal control unit or the designee of such an agent may humanely destroy the animal, as provided in s. 828.05.
(4)(a) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a public or private agency, animal shelter, or other facility that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a 16-hour euthanasia technician certification course. The curriculum for such course must be approved by the Board of Veterinary Medicine and must include, at a minimum, the pharmacology, proper administration, and storage of euthanasia solutions; federal and state laws regulating the storage and accountability of euthanasia solutions; euthanasia technician stress management; and proper disposal of euthanized animals. An employee or agent performing euthanasia before October 1, 1993, must obtain certification by October 1, 1994. An employee or agent who begins performing euthanasia on or after October 1, 1993, must obtain certification before performing any euthanasia. However, a certified veterinarian technician who is an employee or agent as defined in the subsection, may perform euthanasia without completing the certification course required by this subsection. Euthanasia must be performed in a humane and proficient manner.
(b) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person.
(5) The state attorney may bring an action to enjoin any violation of this act.
History.—ss. 2, 3, 4, 5, 6, 7, 8, 9, ch. 84-105; s. 201, ch. 91-224; s. 6, ch. 93-13; s. 3, ch. 2012-173.
Arrestable Offenses under F.S. 828.058
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§828.058ANIMAL CRUELTYUNLAWFUL EUTHANASIA OF A DOG OR CAT
§828.058CONSERVATION-ANIMALSRENUMBERED. SEE REC # 10260
Notes of Decisions
Cited in 7
cases, 1993–2008 · leading case: Baze v. Rees, 553 U.S. 35 (2008).
Baze v. Rees, 553 U.S. 35 (2008). “, Fla. Stat. § 828.058 (3) (2006) ("[A]ny substance which acts as a neuromuscular blocking agent .”
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 (1993). “Florida law incorporated by Ordinance 87-40 sanctions *544 euthanasia of "stray, neglected, abandoned, or unwanted animals," Fla. Stat. § 828.058 (1987); destruction of animals judicially removed from their owners "for humanitarian reasons" or when the animal "is of no…”
Harris v. Johnson, 376 F.3d 414 (5th Cir. 2004). “4, § 5-1 (enacted in 1981); Fla. Stat. §§ 828.058 and 828.065 (enacted in 1984); Mass.”
Ex Parte O'Brien, 190 S.W.3d 677 (Tex. Crim. App. 2006). “4:22-19.3; New York, N.y. Agric. & Mkts Law § 374; Oklahoma, Okla Stat.”
Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005). “tit. 4, § 501 ; and Tennessee, Tenn.Code Ann.”
O'Brien, Derrick Sean (Tex. Crim. App. 2006). “Florida, Fla. Stat. §§ 828.058 and 828.065; Georgia, Ga.”
Beardslee v. Woodford (9th Cir. 2005). “WOODFORD 933 professional association of veterinarians promulgated guide- lines that prohibit the use of a sedative with a muscle- paralyzing drug for purposes of euthanasia, concluding that “[a] combination of pentobarbital with a neuromuscular blocking agent is not an…”
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