What are the dog laws in Florida? Does Florida have dog laws? If you live in this state, you might be wondering what the law says about issues like rabies vaccination , dog bites , dog cruelty, and dog chains.
Read on for more information about dog laws in Florida.
All dogs over four months of age residing in Florida must receive a rabies vaccination. This vaccine must be performed by or supervised by a licensed veterinarian. Additionally, dog owners are required to affix the dog’s current rabies tag to the dog’s collar. After their first vaccination, dogs must be vaccinated either annually or triannually depending on the vaccination they receive.
Florida does offer exemptions from the rabies vaccine for medical reasons. Medical exemptions must be accompanied by a written statement from a veterinarian confirming the dog’s poor health. However, the state of Florida does ask that as soon as the animal recovers, they are placed back on a regular vaccination schedule.
If an unvaccinated dog bites a person, they will be considered as a potential rabies carrier. It is legal for them to subsequently be euthanized with no hold in order to test for rabies. While this is a sad outcome, it is avoidable by staying up to date on your pet’s vaccines.
Florida is what is considered a “strict liability” state regarding dog bites. What this means is essentially that, in almost all circumstances, dog owners are liable for their dogs if they bite someone. In “one bite” states, dogs are often given a single chance to bite under the assumption that, with the new knowledge their dog may behave dangerously, the owner will put more effort into managing the dog. Florida does not have this leniency, and even a dog with no prior history of aggressive behavior will be liable for their first bite incident.
F lorida statute 767.04 states that “the owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.”
There are cases where dogs will not be considered aggressors in attacks, even if previously proven to be dangerous. Dog owners are not responsible for attacks in which the dog was provoked or protecting the owner. This could include yelling at, hitting, or throwing objects at the dog. Additionally, if you were trespassing on private property and then were attacked by an otherwise contained dog, the dog’s owner would not be liable.
Additionally, in some cases, there may be a “common sense” prohibition on finding a dog owner liable. For example, most people know to leave an eating dog or a mother with puppies alone. Bothering an animal when you could predict aggressive behavior will not always result in liability for the owner.
A dangerous dog, particularly a repeat offender, may be euthanized if this is determined to be in the best interest of the safety of the community. After one documented bite, a dog is considered vicious in the state of Florida. This means that subsequent bites may lead to euthanasia. Additionally, a severe enough attack could lead the court to determine euthanasia is the best course of action even for a first offender.
According to Florida statute 828.13 , animal abandonment is illegal.The law does clarify that ‘abandonment’ in the eyes of Florida law is defined as “ 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.” This could apply both to cases of true abandonment, where an animal is dropped off with no intention of return by the owner, or cases of neglect, such as leaving a dog in a backyard for an extended period with no supplies necessary for life. Animal abandonment is always dangerous to animals and people that may encounter them. It’s always better to surrender a pet to a shelter or rescue if you cannot keep them.
Florida law states that anyone found guilty of animal abandonment 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.
Florida law determines that when an owner abandons an animal, they relinquish all rights to them. This is a good thing in some regards, but it means that abandoned animals are subject to the cost of whoever finds them and assumes the responsibility of their care. However, the new owner could potentially sue the old owner.
Florida has a wide range of defined actions that are viewed as animal cruelty. Of course, it is illegal to hit, kick, beat, or otherwise inflict physical pain or suffering on a dog unless in the case of self defense or an otherwise justifiable action. It’s also considered animal cruelty to deprive a dog of things that one could reasonably assume they need — food, water, shelter, exercise, or vet care.
Animal cruelty in Florida is 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 . The community service requirement shall not be suspended.” Additionally, the punishment for aggravated animal cruelty is harsher. 828.12 states that “ Aggravated animal cruelty, 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.” (To clarify: the “as provided” punishment is jail time, of varying lengths depending on your sentence.) Anyone convicted of crimes involving torture or mutilation of animals must pay minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
As in the other 49 states, dogfighting is a felony in Florida. This doesn’t apply only to those directly fighting their animals. Charges can also occur for those betting on or attending dogfights in Florida. It’s also illegal to train dogs for the intent of fighting, even if you aren’t directly participating in dogfights.
Tethering or chaining a dog is legal in Florida. Somewhat controversially, the state of Florida has no restrictions on tethering dogs. This can lead to neglectful situations technically not found to be illegal. Keep in mind that many individual counties in Florida do have specific tethering ordinances. This means that, while it’s generally legal in Florida to tether, depending on where you live there may be different requirements for tethering. As a general rule of thumb, if you tether your dog, provide them at least three times the length of their body for space, keep the area clean and free of debris, attach safely without a choke collar, and provide shelter, food, and water.
Good news for Floridians — the Animal Legal Defense Fund ranks Florida number 6 out of all 50 US States for animal protection laws. This makes Florida a “top-tier” state by their standards. Why does Florida rank so high? Child protective investigators are required to report suspected animal cruelty and have civil immunity for doing so in good faith. Additionally, animal control officers must complete training on animal cruelty investigations. But there’s still room for improvement — standards for minimum acceptable care for animals (e.g. necessary food, water, shelter) are not well-defined, and there are no felony provisions for negligent or reckless animal neglect or abandonment.
