Florida/Georgia Personal Injury & Workers Compensation

...(1983); Fla.R.App.P. 9.030(b)(1)(A). Appellee was arrested for having approximately seventy-seven poodles in cages in the back of a van without food, water and sufficient air. The state alleged in Counts II and III of the information that appellee violated sections 828.13(2)(a) and (b), Florida Statutes (1983). [1] In her motion to dismiss, appellee alleged that the phrases "sufficient quantity of good and wholesome food and water" and "[k]eeps any animals in any enclosure without wholesome exercise and change of air" as contained in sections 828.13(2)(a) and (b) were void for vagueness....

...lure to supply an animal with a sufficient quantity of good and wholesome food and water, as well as what were the requirements regarding how frequently an animal must be exercised or when the air in the area of confinement must be changed, sections 828.13(2)(a) and (b) were unconstitutionally void for vagueness....

...However, we cannot affirm the dismissal because the trial judge did not rule on the merits of that issue. Therefore, our reversal is based strictly upon the constitutionality of the statute. Reversed and remanded for further proceedings consistent with this opinion. SCHEB and SCHOONOVER, JJ., concur. 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...

...t directly involved in his mother's care. The prior inconsistent statement, standing alone, was insufficient as a matter of law to 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....

...ons hereof. 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)....

...ning animals without sufficient water. (¶ 55). It appears that Bloom was arrested pursuant to Fla. Stat. § 828.12 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 and water, or without wholesome exercise....

...After closing argument, the case was submitted to the jury which found appellant guilty on all charges. Appellant now brings this appeal. The denial of a motion for judgment of acquittal is reviewed de novo. Johnston v. State, 863 So. 2d 271, 283 (Fla. 2003). 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 a...