Florida Statute 828.122 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.122

828.122 Fighting or baiting animals; offenses; penalties.—

(1) This act may be cited as “The Animal Fighting Act.”

(2) As used in this section, the term:

(a) “Animal fighting” means fighting between roosters or other birds or between dogs, bears, or other animals.

(b) “Baiting” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, “baiting” means the use of live animals in the training of racing greyhounds.

(3) Any person who knowingly commits any of the following acts commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:

(a) Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting;

(b) Owning, possessing, or selling equipment for use in any activity described in paragraph (a);

(c) Owning, leasing, managing, operating, or having control of any property kept or used for any activity described in paragraph (a) or paragraph (b);

(d) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals;

(e) Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting;

(f) Removing or facilitating the removal of any animal impounded under this section from an agency where the animal is impounded or from a location designated by the court under subsection (4), subsection (5), or subsection (7), without the prior authorization of the court;

(g) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or

(h) Attending the fighting or baiting of animals.

Notwithstanding any provision of this subsection to the contrary, possession of the animal alone does not constitute a violation of this section.

(4) If a court finds probable cause to believe that a violation of this section or s. 828.12 has occurred, the court shall order the seizure of any animals and equipment used in committing the violation and shall provide for appropriate and humane care or disposition of the animals. This subsection is not a limitation on the power to seize animals as evidence at the time of arrest.

(5) If an animal shelter or other location is unavailable, a court may order the animal to be impounded on the property of its owner or possessor and shall order such person to provide all necessary care for the animal and to allow regular inspections of the animal by a person designated by the court.

(6) If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under s. 828.073(2), final disposition of the criminal charges, or court-ordered forfeiture, the veterinarian may euthanize the animal as specified in s. 828.058. A veterinarian licensed to practice in this state shall be held harmless from criminal or civil liability for any decisions made or services rendered under this subsection.

(7) If an animal can be housed in a humane manner, the provisions of s. 828.073 shall apply. For the purpose of a hearing provided pursuant to s. 828.073(2), any animal baited, bred, trained, transported, sold, owned, possessed, or used for the purpose of animal fighting or baiting shall be considered mistreated.

(8) In addition to other penalties prescribed by law, the court may issue an order prohibiting a person who is convicted of a violation of this section from owning, possessing, keeping, harboring, or having custody or control over any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting, for a period of time determined by the court.

(9) This section shall not apply to:

(a) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided s. 828.12 is not violated.

(b) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Fish and Wildlife Conservation Commission.

(d) Any person violating s. 828.121.

(e) Any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to customary hunting or agricultural practices.

(10) This section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.

History.—ss. 1, 2, ch. 76-59; s. 1, ch. 81-224; s. 2, ch. 82-116; s. 1, ch. 85-289; ss. 1, 3, ch. 86-179; s. 202, ch. 91-224; s. 7, ch. 93-13; s. 230, ch. 99-245; s. 2, ch. 2002-51; s. 1, ch. 2003-188.

F.S. 828.122 on Google Scholar

F.S. 828.122 on Casetext

Amendments to 828.122

Arrestable Offenses / Crimes under Fla. Stat. 828.122

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

S828.122 3a - CONSERVATION-ANIMALS - SELL POSS USE ANIMAL TO FIGHT OR BAIT - F: T

S828.122 3b - CONSERVATION-ANIMALS - SELL POSS USE EQUIPMENT FOR ANIMAL FIGHT BAIT - F: T

S828.122 3c - CONSERVATION-ANIMALS - OWN LEASE OPERATE PROPERTY ANIMAL FIGHT BAIT - F: T

S828.122 3d - CONSERVATION-ANIMALS - PROMOTE ADVERTISE CHARGE FEE ANIMAL FIGHT BAIT - F: T

S828.122 3e - CONSERVATION-ANIMALS - PERFORM SERVICE ACT FOR ANIMAL FIGHT BAIT - F: T

S828.122 3f - CONSERVATION-ANIMALS - REMOVE IMPOUNDED ANIMAL WO AUTHORITY - F: T

S828.122 3g - CONSERVATION-ANIMALS - BET WAGER ON ANIMAL FIGHT OR BAIT - F: T

S828.122 3h - CONSERVATION-ANIMALS - ATTEND ANIMAL FIGHT OR BAIT - F: T

S828.122 4a - GAMBLING - RENUMBERED AS 828.122-3g - M: F

S828.122 4b - CONSERVATION-ANIMALS - RENUMBERED AS 828.122-3h - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 828.122

Total Results: 10

Mona M. Cumberland v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-18T00:00:00-07:00

Citation: 225 So. 3d 952

Snippet: of fighting and baiting animals under section 828.122(3), Florida Statutes (2014). The *953

Renaldo J. Bell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-04-13T00:00:00-07:00

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

Snippet: ORFINGER, JJ., concur. 1 . § 828.122(3), Fla. Stat. (2013). 2 . § 828.12….12(2), Fla. Stat. (2013). 3 .§ 828.122(3)(h), Fla. Stat. (2013). 4 . American

Rodriguez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-02-24T00:00:00-08:00

Citation: 29 So. 3d 357, 2010 Fla. App. LEXIS 2088, 2010 WL 624142

Snippet: not constitute a violation of this section. § 828.122, Fla. Stat. (2007). Two things are clear from this

In re Standard Jury Instructions in Criminal Cases—Report No. 2008-07

Court: Fla. | Date Filed: 2009-02-26T00:00:00-08:00

Citation: 3 So. 3d 1172, 34 Fla. L. Weekly Supp. 231, 2009 Fla. LEXIS 255, 2009 WL 465822

Snippet: in 2009. 29.13(b) ANIMAL FIGHTING OR BAITING § 828.122, Fla. Stat. To prove the crime of Animal [Fighting…to make the instruction consistent with section 828.122(9)(a), Florida Statutes. .The amendments as reflected

Gonzalez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-17T00:00:00-08:00

Citation: 941 So. 2d 1226

Snippet: #x27;s denial of his motion to declare section 828.122(3), Florida Statutes (2005), which outlaws animal…Mr. Gonzalez was charged with violating section 828.122(3), which prohibits knowingly baiting or using …Mr. Gonzalez filed a motion to declare section 828.122(3) unconstitutional. He argued that the statute…yet addressed the constitutionality of section 828.122(3)(h). However, the courts of several other states…conduct be done "knowingly" in section 828.122(3), establishes a level of mens rea required under

Bennett v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-29T00:00:00-08:00

Citation: 686 So. 2d 810, 1997 Fla. App. LEXIS 302, 1997 WL 30941

Snippet: conviction for animal fighting in violation of section 828.122(3), Florida Statutes (1995), and the resulting

Ago

Court: Fla. Att'y Gen. | Date Filed: 1994-05-06T00:53:00-07:00

Snippet: Section 828.122(1), Fla. Stat. (1993). 2 Section 828.122(2)(a), Fla. Stat. (1993). And see, s.828.122(2)(b… scores for the dogs' performance. Section 828.122, Florida Statutes, is "The Animal Fighting…or baiting between two or more animals. Section 828.122(4), Florida Statutes, makes it a misdemeanor of…above definition of "baiting." Section 828.122(6), Florida Statutes, states that the provisions…trials would violate the provisions of section 828.122 and section 828.12, Florida Statutes. Sincerely

Bonilla v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-09T00:00:00-07:00

Citation: 579 So. 2d 802

Snippet: COWART and GRIFFIN, JJ., concur. NOTES [1] §§ 828.122(3)(a), 777.011 Fla. Stat. (1989). [2] The omitted

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-04-23T00:53:00-07:00

Snippet: The statute is so designated by s. 828.122(1), F.S. 3 Section 828.122(2)(a), F.S. 4 Rule 7E-2.022(8), F.A.C…training of racing greyhounds a violation of s. 828.122(3), F.S., or does the exemption contained in subsection… train racing greyhounds is a violation of ss. 828.122(3) and 828.12, F.S. 2. The killing of an animal…cases which arise afterward.1 Question One Section 828.122, F.S., "The Animal Fighting Act,"2 provides…greyhounds."3 Thus, by its clear terms, s. 828.122, F.S., makes it a violation to use live animals

Brigham, Et Ux. v. Youmans

Court: Fla. | Date Filed: 1935-12-18T00:00:00-08:00

Citation: 164 So. 828, 122 Fla. 47, 1935 Fla. LEXIS 1146

Snippet: Davis, Terrell, Brown 18 December 1935 164 So. 828, 122 Fla. 47, 1935 Fla. LEXIS 1146 E.F.P. Brigham,