Florida Statute 828.12 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.12

828.12 Cruelty to animals.—

(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.

(2) 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, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.

(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.

(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.

(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.

(4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.

(5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and the term “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. This subsection does not apply when tripping is used:

(a) To control a horse that is posing an immediate threat to other livestock or human beings;

(b) For the purpose of identifying ownership of the horse when its ownership is unknown; or

(6) In addition to other penalties prescribed by law, a person who is convicted of a violation of this section may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over any animal for a period of time determined by the court.

History.—s. 4, ch. 4971, 1901; GS 3395; RGS 5244; CGL 7363; s. 2, ch. 70-50; s. 4, ch. 71-12; s. 949, ch. 71-136; s. 1, ch. 82-116; s. 2, ch. 89-194; s. 5, ch. 94-339; s. 1286, ch. 97-102; s. 26, ch. 99-391; s. 35, ch. 2000-308; s. 1, ch. 2002-51; s. 1, ch. 2013-245; s. 2, ch. 2018-87.

F.S. 828.12 on Google Scholar

F.S. 828.12 on Casetext

Amendments to 828.12

Arrestable Offenses / Crimes under Fla. Stat. 828.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

S828.12 1 - CONSERVATION-ANIMALS - TORMENT DEPRIVE MUTILATE KILL - M: F

S828.12 2 - CONSERVATION-ANIMALS - TORTURE INFLCT PAIN SERIOUS PHYSICAL INJ DEATH - F: T

S828.12 4 - CONSERVATION-ANIMALS - RENUMBERED. SEE REC # 7568 - F: T

S828.12 5 - CONSERVATION-ANIMALS - TRIPPING HORSE FOR ENTERTAINMENT - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 828.12

Total Results: 20

RICHARD BURNS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-05-24

Snippet: curtilage of a dwelling”) (emphasis added); 6 § 828.12(1), Fla. Stat. (2020) (“A person who . . . unnecessarily

JOHN PICCININI vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-06-17

Snippet: two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015). Id. at 211. The evidence

D.L., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: violation of s. 800.03, s. 806.031, or s. 828.12; or (d) The court finds by a preponderance

Piccinini v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 210

Snippet: two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015).1 The allegations were

Piccinini v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 210

Snippet: two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015).1 The allegations were

State v. Avella

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 207

Snippet: qualified advanced care clinic fits under section 828.12(2), Florida Statutes (2018), which reads: A person

State v. Avella

Court: District Court of Appeal of Florida | Date Filed: 2019-06-21

Citation: 275 So. 3d 207

Snippet: qualified advanced care clinic fits under section 828.12(2), Florida Statutes (2018), which reads: A person

Reyes v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-19

Citation: 274 So. 3d 1209

Snippet: not the case, we disagree, and affirm. Section 828.12(2), Florida Statutes (2018), states that "[a] person

Reyes v. State

Court: District Court of Appeal of Florida | Date Filed: 2019-06-19

Citation: 274 So. 3d 1209

Snippet: not the case, we disagree, and affirm. Section 828.12(2), Florida Statutes (2018), states that "[a] person

State v. Archer

Court: District Court of Appeal of Florida | Date Filed: 2018-12-14

Citation: 259 So. 3d 999

Snippet: was charged by information with violating section 828.12, Florida Statutes (2017) ("Cruelty to Animals")

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Regular-Cycle Report

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 258 So. 3d 1254

Snippet: for a violation of sections 800.03, 806.031, or 828.12, Florida Statutes; or ..... the court finds

State v. Garcia

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 783

Snippet: aggravated animal cruelty in violation of sections 828.12(2) and 777.011, Florida Statutes (2013). The charges

Renaldo J. Bell v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-04-13

Citation: 216 So. 3d 751, 2017 WL 1372092, 2017 Fla. App. LEXIS 5108

Snippet: 122(3), Fla. Stat. (2013). 2 . § 828.12(2), Fla. Stat. (2013). 3 .§ 828

Donald Ray Kervin v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-07-06

Citation: 195 So. 3d 1181, 2016 Fla. App. LEXIS 10355

Snippet: *1182 elty in violation of section 828.12(2), Florida Statutes (2012), arguing that the trial

Reed v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-05-27

Citation: 192 So. 3d 641, 2016 WL 3030838, 2016 Fla. App. LEXIS 8081

Snippet: animal cruelty (a misdemeanor). See §§ 828.12(1), .122(2)(a), Fla. Stat. (2011). The circuit

Brown v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 166 So. 3d 817, 2015 Fla. App. LEXIS 101, 2015 WL 72231

Snippet: felony conviction for animal cruelty under section 828.12(2), Florida Statutes (2011), could not be based

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: 29.13 AGGRAVATED ANIMAL CRUELTY [-FELONY] § 828.12(2), Fla. Stat. To prove the crime of Aggravated

Comins v. Vanvoorhis

Court: District Court of Appeal of Florida | Date Filed: 2014-04-11

Citation: 135 So. 3d 545, 42 Media L. Rep. (BNA) 2021, 2014 WL 1393081, 2014 Fla. App. LEXIS 5318

Snippet: present was unnecessary per Florida State Statute 828.12 [Cruelty to Animals]. Local news outlets, such

Hamilton v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-16

Citation: 128 So. 3d 872, 2013 WL 6670841, 2013 Fla. App. LEXIS 20056

Snippet: 82-year-old appellant was convicted of violating section 828.12(2), Florida Statutes (2012), which makes it a third

In re Amendments to the Florida Rules of Juvenile Procedure

Court: Supreme Court of Florida | Date Filed: 2013-10-03

Citation: 123 So. 3d 1128, 38 Fla. L. Weekly Supp. 697, 2013 WL 5476883, 2013 Fla. LEXIS 2139

Snippet: for a violation of sections 800.03, 806.031, or 828.12, Florida Statutes; or . the court finds by a preponderance