Florida Statute 828.30 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.30

828.30 Rabies vaccination of dogs, cats, and ferrets.—

(1)(a) All dogs, cats, and ferrets 4 months of age or older must be vaccinated by a licensed veterinarian or a person authorized under paragraph (b) against rabies with a vaccine that is licensed by the United States Department of Agriculture for use in those species.

(b) Acting under the indirect supervision of a veterinarian, an employee, an agent, or a contractor of a county or municipal animal control authority or sheriff may vaccinate against rabies dogs, cats, and ferrets ¹that are in the custody of an animal control authority or a sheriff ²and which will be transferred, rescued, fostered, adopted, or reclaimed by the owner. The supervising veterinarian assumes responsibility for any person vaccinating animals at his or her direction or under his or her direct or indirect supervision. As used in this paragraph, the term “indirect supervision” means that the supervising veterinarian is required to be available for consultation through telecommunications but is not required to be physically present during such consultation.

(c) The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer’s directions. The cost of vaccination must be borne by the animal’s owner. Evidence of circulating rabies virus neutralizing antibodies may not be used as a substitute for current vaccination in managing rabies exposure or determining the need for booster vaccinations.

(2) A dog, cat, or ferret is exempt from vaccination against rabies if a licensed veterinarian has examined the animal and has certified in writing that at the time vaccination would endanger the animal’s health because of its age, infirmity, disability, illness, or other medical considerations. An exempt animal must be vaccinated against rabies as soon as its health permits.

(3) Upon vaccination against rabies, the licensed veterinarian shall provide the animal’s owner and the animal control authority with a rabies vaccination certificate. Each animal control authority and veterinarian shall use the “Rabies Vaccination Certificate” of the National Association of State Public Health Veterinarians (NASPHV) or an equivalent form approved by the local government that contains all the information required by the NASPHV Rabies Vaccination Certificate. The veterinarian who administers the rabies vaccination or who supervises the administration of the rabies vaccination as provided in paragraph (1)(b) to an animal as authorized under this section may affix his or her signature stamp in lieu of an actual signature.

(4) Each ferret vaccinated according to this section must be quarantined, when necessary, according to rules of the Department of Health.

(5) An animal owner’s name, street address, phone number, and animal tag number contained in a rabies vaccination certificate provided to the animal control authority is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. However, any person who has been bitten, scratched, or otherwise exposed to a zoonotic disease or the physician of such person; a veterinarian who is treating an animal that has been bitten, scratched, or otherwise exposed to a zoonotic disease; or the owner of an animal that has been bitten, scratched, or otherwise exposed to a zoonotic disease shall be provided with any information contained in a rabies vaccination certificate but only with respect to the particular animal biting, scratching, or otherwise causing exposure. Any person with an animal tag number may receive vaccination certificate information with regard to that animal. Law enforcement and prosecutorial agencies; other animal control authorities; emergency and medical response and disease control agencies; or other governmental health agencies shall be provided information contained in the rabies vaccination certificate for the purpose of controlling the transmission of rabies; however, the receiving agencies and authorities must not release the exempt information.

(6) Violation of this section is a civil infraction, punishable as provided in s. 828.27(2).

(7) This section does not prohibit or limit municipalities or counties from establishing requirements similar to or more stringent than the provisions of this section for the implementation and enforcement of rabies-control ordinances. However, local governments shall not mandate revaccination of currently vaccinated animals except in instances involving postexposure treatment for rabies.

History.—s. 7, ch. 94-339; s. 3, ch. 95-220; s. 1, ch. 98-178; s. 1, ch. 98-213; s. 1, ch. 2003-170; s. 1, ch. 2005-74; s. 9, ch. 2006-289; s. 1, ch. 2024-258.

¹Note.—The words “that are” were inserted by the editors to improve clarity.

²Note.—The words “and which” were substituted for the word “that” by the editors to improve clarity.

Note.—Former s. 585.69.

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Amendments to 828.30

Arrestable Offenses / Crimes under Fla. Stat. 828.30

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 828.30.

Annotations, Discussions, Cases:

Cases Citing Statute 828.30

Total Results: 9

Torres v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-10T00:00:00-08:00

Citation: 184 So. 3d 1239, 2016 Fla. App. LEXIS 1804, 2016 WL 517371

Snippet: .2d 825 (2010). Lawton, 109 So.3d at 828-30. Torres is entitled to resentencing on both

Torres v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-22T23:53:00-08:00

Snippet: 2 Lawton, 109 So. 3d 828–30. Torres is entitled to resentencing on both

St. Johns River Water Management District v. Koontz

Court: Fla. | Date Filed: 2011-11-03T00:00:00-07:00

Citation: 77 So. 3d 1220, 36 Fla. L. Weekly Supp. 623, 2011 Fla. LEXIS 2617, 2011 WL 5218306

Snippet: imposed as an uncompensated taking. See id. at 828-30, 107 S.Ct. 3141. On certiora-ri review, the United

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-09-23T00:53:00-07:00

Snippet: section 828.30(5), Florida Statutes, and a previous informal opinionfrom this office. Section 828.30(5), …records as prescribedin section 828.30(5), Florida Statutes. While section 828.30(5), Florida Statutes, restricts…substantially the following question: Does section 828.30(5), Florida Statutes, prohibit a local government…quot;shoes" ofthe city when applying section 828.30(5), Florida Statutes, as well asthe provisions …Act. Accordingly, it is my opinion that section 828.30(5), FloridaStatutes, does not prohibit a local

Schonau v. GEICO General Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-06-08T00:53:00-07:00

Citation: 903 So. 2d 285

Snippet: Farm Bureau Ins. Co. v. Martin, 377 So.2d 827, 828-30 (Fla. 1st DCA 1979) (holding that the trial court

Campus Communications, Inc. v. Earnhardt

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-12T00:53:00-07:00

Citation: 821 So. 2d 388

Snippet: 119.07(3), 240.2996(6), 288.075(2), 397.501(7)(a)5., 828.30(5), 985.04(4)(a), 985.05(2), 985.212(1)(b), Fla

Leon v. Old Republic Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-29T00:00:00-07:00

Citation: 561 So. 2d 1304, 1990 Fla. App. LEXIS 3831

Snippet: counterclaims. Hanson v. Poteet, 556 So.2d 828, 828-30 (Fla. 2d DCA 1990). Affirmed. No. 89-1994

Rubin v. Sanford

Court: Fla. Dist. Ct. App. | Date Filed: 1969-01-21T00:00:00-08:00

Citation: 218 So. 2d 177, 1969 Fla. App. LEXIS 6222

Snippet: Instruction of Orange County, Fla.1962, 137 So.2d 828; 30 Fla.Jur., Statutes, § 138. It is apparent that

Maiben v. Bobe

Court: Fla. | Date Filed: 1855-04-15T00:00:02-07:52:58

Citation: 6 Fla. 381

Snippet: complete power to dispose of the same.” 2 Story Eq. 828 30 § 1393. Again “it may now be laid down as a general