CopyCited 57 times | Published | Supreme Court of Florida | 2008 WL 596805
...beyond a reasonable doubt: (Defendant) intentionally committed an act to an animal which resulted in [the excessive or repeated infliction of unnecessary pain or suffering to an animal] [an animal's cruel death]. Definition, if cruel death charged. § 828.02, Fla....
CopyCited 18 times | Published | Supreme Court of Florida
...The Hawaii Supreme Court found no problem in *1112 holding that a gamecock fell within this definition. State v. Kaneakua, 597 P.2d at 592. We find Florida's statute to be even more specific than Hawaii's. Animal is defined as "every living dumb creature." § 828.02, Fla....
...Winters,
346 So.2d 991 (Fla. 1977). Such a statute contravenes due process of law requirements. Numerous situations may arise under the statute where purely innocent conduct is proscribed in view of the all-encompassing definition of animal as "every living dumb creature," section
828.02....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...in the Circuit Court seeking to enjoin appellants from continuing an alleged public nuisance. The plaintiff, appellee here, adduced testimony from a single witness, seeking to establish by that witness that appellants' actions were in violation of F.S. 828.02 and F.S....
...their activities constituted a public nuisance, issuing the injunction prayed for. We reverse. Our examination of the brief record reveals that the plaintiff below, appellee here, failed to establish by a preponderance of the evidence violation of F.S. 828.02 or F.S....
...kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or *44 inhuman manner, shall be guilty of a misdemeanor of the first degree, punishable as provided in §
775.082 or §
775.083." Section
828.02, Florida Statutes, defines the words "torture," "torment," and "cruelty" to include "every act, omission or neglect whereby unnecessary or unjustifiable pain or suffering is caused, except when done in the interest of medical science,...
CopyCited 3 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1129
...Atty. Gen., and DeCostas, Maer & Floyd, Miami, for appellee. MATHEWS, Justice. This case involves plain rooster fighting and cock fighting. It is contended by the appellee that such fighting is cruelty to animals and is condemned by Sections
828.12 and
828.02, F.S.A....
...herwise, any animal in a cruel or inhuman manner, shall be punished by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars, unless otherwise provided." Necessarily involved in connection with Section
828.12, F.S.A. is Section
828.02, F.S.A., which is as follows: "In this chapter, and in every law of the state relating to or in any way affecting animals, the word `animal' shall be held to include every living dumb creature; the words `torture,' `torment' and `cruel...
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...Butterworth Attorney General RAB/tlsjw 1 Section
828.122 (1), Fla. Stat. (1993). 2 Section
828.122 (2)(a), Fla. Stat. (1993). And see, s.
828.122 (2)(b), Fla. Stat. (1993), defining "Person" to include every natural person, firm, copartnership, association, or corporation. 3 Section
828.02 , Fla....
...essary pain or suffering, or causes the same to be done, is guilty of 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. The bill, however, has not yet been presented to the Governor. 5 Section
828.02 , Fla....
CopyPublished | Supreme Court of Florida | 2014 WL 3361905
...then determine whether the State proved beyond a reasonable doubt that [he]
[she] knowingly and intentionally tortured or tormented an animal, and in so
doing, [injured] [mutilated] [killed] the animal.
Definition of “cruelty”, if cruel death charged. § 828.02, Fla....
