Florida Statute 828.13 - Full Text and Legal Analysis

The 2025 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) “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.

(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

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.

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Amendments to 828.13

Annotations, Discussions, Cases:

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

Cases Citing Statute 828.13

Total Results: 5

State v. Wilson

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

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 1193500

Cited 5 times | Published

SCHEB and SCHOONOVER, JJ., concur. NOTES [1] Section 828.13(2), Florida Statutes (1983), provides: (2)

Peterson v. State

765 So. 2d 861, 2000 WL 1161915

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 428832

Cited 1 times | Published

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

Candace Michelle Moore v. State of Florida

District Court of Appeal of Florida | Filed: Jun 5, 2024 | Docket: 68510136

Published

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

Bloom v. Miami-Dade County

816 F. Supp. 2d 1265, 2011 U.S. Dist. LEXIS 105255, 2011 WL 4352386

District Court, S.D. Florida | Filed: Sep 16, 2011 | Docket: 1748148

Published

necessary sustenance or shelter, and Fla. Stat. § 828.13, which provides that it is a misdemeanor to confine

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

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

Supreme Court of Florida | Filed: Jan 17, 2002 | Docket: 64814834

Published

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