Florida Statutes
Fla. Stat. § 828.13 (2025)
Confinement of animals without sufficient food, water, or exercise; abandonment of animals.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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) “Natural disaster” means a situation in which a hurricane, tropical storm, or tornado warning has been issued for a municipality or a county by the National Weather Service, or the municipality or county is under a mandatory or voluntary evacuation order.
(c) “Owner” includes any owner, custodian, or other person in charge of an animal.
(d) “Restrain” means to attach a dog to a stationary object or trolley system by way of a chain, rope, tether, leash, cable, or other device.
(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
(c) Abandons to die any animal that is maimed, sick, infirm, or diseased,
commits 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.
(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 commits 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.
(4) Any person who restrains a dog outside during a natural disaster and thereafter abandons the dog commits 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.
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; s. 2, ch. 2025-101.
Arrestable Offenses under F.S. 828.13
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§828.13(2)CONSERVATION-ANIMALSREMOVED
§828.13(3)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10644
§828.13(3)ANIMAL CRUELTYABANDONMENT OF ANIMAL
§828.13(4)CONSERVATION-ANIMALSRESTRAIN AND ABANDON DOG IN NATURAL DISASTER
§828.13CONSERVATION-ANIMALSRENUMBERED. SEE REC # 6992
§828.13(2a)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10645
§828.13(2a)ANIMAL CRUELTYIMPOUND CONFINE ANIMAL W/O SUFFICENT FOOD/WATR
§828.13(2b)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10646
§828.13(2b)ANIMAL CRUELTYKEEP ANIMALS IN ENCLOSURE W/O EXERCISE AND AIR
§828.13(2c)CONSERVATION-ANIMALSRENUMBERED. SEE REC #10647
§828.13(2c)ANIMAL CRUELTYABANDON TO DIE ANIMAL SICK MAIM INFIRM DISEASE
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1985–2024 · leading case: Advisory Opinion to the Attorney Gen. re Limiting Cruel & Inhumane Confinement of Pigs During Pregnancy, 815 So. 2d 597 (Fla. 2002).
Advisory Opinion to the Attorney Gen. re Limiting Cruel & Inhumane Confinement of Pigs During Pregnancy, 815 So. 2d 597 (Fla. 2002). “On and after the effective date of this section, law enforcement officers in the state are authorized to enforce the provisions of this section in the same manner and authority as if a violation of this section constituted a violation of Section 828.13, Florida Statutes (1999).…”
State v. Wilson, 464 So. 2d 667 (Fla. 2d DCA 1985). “NOTES [1] Section 828.13(2), Florida Statutes (1983), provides: (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…”
Peterson v. State, 765 So. 2d 861 (Fla. 5th DCA 2000). “…establish guilt beyond a reasonable doubt. See State v. Green, 667 So.2d 756 (Fla.1995). [2] § 828.12, Fla. Stat. [3] § 828.13, Fla. Stat.”
Bloom v. Miami-Dade Cnty., 816 F. Supp. 2d 1265 (S.D. Fla. 2011). “12 which provides, inter alia, that it is a felony to intentionally deprive an animal of necessary sustenance or shelter, and Fla. Stat. § 828.13 , which provides that it is a misdemeanor to confine an animal and fail to supply a sufficient quantity of good and wholesome food…”
Candace Michelle Moore v. State of Florida (Fla. 4th DCA 2024). “Section 828.13, Florida Statutes (2022) states: (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.”
— 828.13(2) — 1 case
State v. Wilson, 464 So. 2d 667 (Fla. 2d DCA 1985). “NOTES [1] Section 828.13(2), Florida Statutes (1983), provides: (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…”
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