Florida Statute 828.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.13

828.13 Confinement of animals without sufficient food, water, or exercise; abandonment of animals.—

(1) As used in this section:

(a) “Abandon” means to forsake an animal entirely or to neglect or refuse to provide or perform the legal obligations for care and support of an animal by its owner.

(b) “Owner” includes any owner, custodian, or other person in charge of an animal.

(2) Whoever:

(a) Impounds or confines any animal in any place and fails to supply the animal during such confinement with a sufficient quantity of good and wholesome food and water,

(b) Keeps any animals in any enclosure without wholesome exercise and change of air, or

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

(3) Any person who is the owner or possessor, or has charge or custody, of any animal who abandons such animal to suffer injury or malnutrition or abandons any animal in a street, road, or public place without providing for the care, sustenance, protection, and shelter of such animal is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and a fine.

History.—ss. 2, 4, ch. 3921, 1889; RS 2510; GS 3396; RGS 5245; CGL 7364; s. 950, ch. 71-136; s. 1, ch. 81-17; s. 3, ch. 82-116; s. 203, ch. 91-224.

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Amendments to 828.13

Arrestable Offenses / Crimes under Fla. Stat. 828.13

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

S828.13 - CONSERVATION-ANIMALS - RENUMBERED. SEE REC # 6992 - M: F

S828.13 2 - CONSERVATION-ANIMALS - REMOVED - M: F

S828.13 2a - CONSERVATION-ANIMALS - IMPOUND CONFINE ANIMAL WO SUFFICENT FOOD WATER - M: F

S828.13 2b - CONSERVATION-ANIMALS - KEEP ANIMALS IN ENCLOSURE WO EXERCISE AND AIR - M: F

S828.13 2c - CONSERVATION-ANIMALS - ABANDON TO DIE ANIMAL SICK MAIM INFIRM DISEASE - M: F

S828.13 3 - CONSERVATION-ANIMALS - ABANDONMENT OF ANIMAL - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 828.13

Total Results: 5

Candace Michelle Moore v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-05

Snippet: State, 863 So. 2d 271, 283 (Fla. 2003). Section 828.13, Florida Statutes (2022) states: (1) As

Advisory Opinion to the Attorney General re Limiting Cruel & Inhumane Confinement of Pigs During Pregnancy

Court: Supreme Court of Florida | Date Filed: 2002-01-17

Citation: 815 So. 2d 597, 27 Fla. L. Weekly Supp. 71, 2002 Fla. LEXIS 29, 2002 WL 58560

Snippet: this section constituted a violation of Section 828.13, Florida Statutes (1999). The confinement or tethering

Peterson v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-08-18

Citation: 765 So. 2d 861, 2000 WL 1161915

Snippet: 756 (Fla.1995). [2] § 828.12, Fla. Stat. [3] § 828.13, Fla. Stat.

State v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 1985-03-06

Citation: 464 So. 2d 667, 10 Fla. L. Weekly 602

Snippet: the information that appellee violated sections 828.13(2)(a) and (b), Florida Statutes (1983).[1] In her

Darty v. State

Court: District Court of Appeal of Florida | Date Filed: 1964-03-04

Citation: 161 So. 2d 864

Snippet: 130; Hulst v. State, 1936, 123 Fla. 315, 166 So. 828; 13 Fla.Jur. Evidence §§ 218, 228, 236, 238. Doris