Florida Statute 828.12 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES

Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION

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F.S. 828.12

828.12 Cruelty to animals.—

(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or 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 inhumane manner, commits animal cruelty, 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.

(2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits 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.

(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.

(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.

(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.

(4) A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made or services rendered under the provisions of this section. Such a veterinarian is, therefore, under this subsection, immune from a lawsuit for his or her part in an investigation of cruelty to animals.

(5) A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any means for the purpose of entertainment or sport commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “trip” means any act that consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall or lose its balance, and the term “horse” means any animal of any registered breed of the genus Equus, or any recognized hybrid thereof. This subsection does not apply when tripping is used:

(a) To control a horse that is posing an immediate threat to other livestock or human beings;

(b) For the purpose of identifying ownership of the horse when its ownership is unknown; or

(6) In addition to other penalties prescribed by law, a person who is convicted of a violation of this section may be prohibited by the court from owning, possessing, keeping, harboring, or having custody or control over any animal for a period of time determined by the court.

History.—s. 4, ch. 4971, 1901; GS 3395; RGS 5244; CGL 7363; s. 2, ch. 70-50; s. 4, ch. 71-12; s. 949, ch. 71-136; s. 1, ch. 82-116; s. 2, ch. 89-194; s. 5, ch. 94-339; s. 1286, ch. 97-102; s. 26, ch. 99-391; s. 35, ch. 2000-308; s. 1, ch. 2002-51; s. 1, ch. 2013-245; s. 2, ch. 2018-87.

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Amendments to 828.12

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 828.12

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

S828.12 1 - CONSERVATION-ANIMALS - TORMENT DEPRIVE MUTILATE KILL - M: F

S828.12 2 - CONSERVATION-ANIMALS - TORTURE INFLCT PAIN SERIOUS PHYSICAL INJ DEATH - F: T

S828.12 4 - CONSERVATION-ANIMALS - RENUMBERED. SEE REC # 7568 - F: T

S828.12 5 - CONSERVATION-ANIMALS - TRIPPING HORSE FOR ENTERTAINMENT - F: T

Cases Citing Statute 828.12

Total Results: 46

In Re Standard Jury Inst. in Crim. Cases No. 2007-03

976 So. 2d 1081, 2008 WL 596805

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1679907

Cited 57 times | Published

State seeks sentencing enhancements pursuant to § 828.12(2)(a), Fla. Stat. Lesser Included Offenses No

Reynolds v. State

842 So. 2d 46, 2002 WL 31856732

Supreme Court of Florida | Filed: Dec 19, 2002 | Docket: 1440245

Cited 33 times | Published

V, § 3(b)(3), Fla. Const. We conclude that section 828.12(2), Florida Statutes (1997), prohibiting cruelty

Wilkerson v. State

401 So. 2d 1110

Supreme Court of Florida | Filed: Jul 16, 1981 | Docket: 1686509

Cited 18 times | Published

court order upholding the constitutionality of section 828.12, Florida Statutes (1979). Since the notice

In Re Standard Jury Inst. in Criminal Cases-Report No. 2008-05

994 So. 2d 1038, 33 Fla. L. Weekly Supp. 836, 2008 Fla. LEXIS 1974, 2008 WL 4587203

Supreme Court of Florida | Filed: Oct 16, 2008 | Docket: 1219604

Cited 17 times | Published

2008. 29.13(a) ANIMAL CRUELTY (MISDEMEANOR) § 828.12(1), Fla. Stat. To prove the crime of Animal Cruelty

Sult v. State

906 So. 2d 1013, 2005 WL 1475338

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1775417

Cited 12 times | Published

factors were not involved in L.B. In Reynolds, section 828.12, Florida Statutes (1997), prohibiting cruelty

Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah

723 F. Supp. 1467, 1989 U.S. Dist. LEXIS 13088, 1989 WL 129188

District Court, S.D. Florida | Filed: Oct 5, 1989 | Docket: 1197843

Cited 7 times | Published

prohibited from performing ritual sacrifices under § 828.12 of the Florida Statutes. See Opinion Attorney

ANIMAL RIGHTS FOUNDATION OF FL., INC. v. Siegel

867 So. 2d 451, 2004 WL 223582

District Court of Appeal of Florida | Filed: Feb 6, 2004 | Docket: 1722563

Cited 6 times | Published

sustain a prosecution for animal abuse under section 828.12, Florida Statutes, in this case." The record

Reynolds v. State

784 So. 2d 509, 2001 Fla. App. LEXIS 4789, 2001 WL 360196

District Court of Appeal of Florida | Filed: Apr 12, 2001 | Docket: 64805201

Cited 6 times | Published

violation of section 828.12(2), Florida Statutes (1997). He claims that (1) section 828.12(2) is facially

State v. Roess

451 So. 2d 879

District Court of Appeal of Florida | Filed: May 2, 1984 | Docket: 1741010

Cited 4 times | Published

court of cruelty to animals, a violation of section 828.12, Florida Statutes (1981). The county court

State v. Morival

75 So. 3d 810, 2011 Fla. App. LEXIS 19535, 2011 WL 6058299

District Court of Appeal of Florida | Filed: Dec 7, 2011 | Docket: 2353382

Cited 3 times | Published

water, or medical treatment in violation of section 828.12(2), Florida Statutes (2009). Mr. Morival filed

BS v. State

661 So. 2d 19, 1994 WL 543104

District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 2543864

Cited 3 times | Published

delinquency that determined B.S. had violated section 828.12(2), Florida Statutes (1991), by torturing an

Kiper v. State

310 So. 2d 42

District Court of Appeal of Florida | Filed: Mar 11, 1975 | Docket: 1682904

Cited 3 times | Published

actions were in violation of F.S. 828.02 and F.S. 828.12. At the close of the plaintiff's case defendants

Mikell v. Henderson

63 So. 2d 508, 1953 Fla. LEXIS 1129

Supreme Court of Florida | Filed: Feb 27, 1953 | Docket: 1375859

Cited 3 times | Published

activities. The section of the statute involved is Section 828.12, F.S.A. which reads as follows: "Whoever unnecessarily

Hynes v. State

1 So. 3d 328, 2009 Fla. App. LEXIS 1957, 2009 WL 151099

District Court of Appeal of Florida | Filed: Jan 23, 2009 | Docket: 60224842

Cited 2 times | Published

animal cruelty. The animal cruelty statute, section 828.12, Florida Statutes (2007) provides as follows:

JP v. State

895 So. 2d 1202, 2005 WL 433135

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 1255341

Cited 2 times | Published

J.P. was charged with animal cruelty under section 828.12(2), Florida Statutes, which provides that,

State v. Avella

275 So. 3d 207

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719062

Cited 1 times | Published

a qualified advanced care clinic fits under section 828.12(2), Florida Statutes (2018), which reads: A

Piccinini v. State

275 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719064

Cited 1 times | Published

of two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015).1 The allegations

Lukaszewski v. State

111 So. 3d 212, 2013 Fla. App. LEXIS 5600, 2013 WL 1395711

District Court of Appeal of Florida | Filed: Apr 8, 2013 | Docket: 60230776

Cited 1 times | Published

for felony cruelty to animals in violation of section 828.12(2), Florida Statutes (2011). Lukaszewski argues

Horn v. State

17 So. 3d 342, 2009 Fla. App. LEXIS 13483, 2009 WL 2900450

District Court of Appeal of Florida | Filed: Sep 11, 2009 | Docket: 2372471

Cited 1 times | Published

LAWSON, EVANDER and COHEN, JJ., concur. NOTES [1] § 828.12(2), Fla. Stat. (2007).

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

cats and dogs, a truly anomalous situation. See § 828.12, Fla. Stat.; Wilkerson v. State, 401 So.2d 1110

RICHARD BURNS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 67419170

Published

curtilage of a dwelling”) (emphasis added); 6 § 828.12(1), Fla. Stat. (2020) (“A person who . . . unnecessarily

JOHN PICCININI vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 17, 2022 | Docket: 68035399

Published

of two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015). Id. at 211. The

Piccinini v. State

275 So. 3d 210

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719063

Published

of two counts of animal cruelty pursuant to section 828.12(2), Florida Statutes (2015).1 The allegations

State v. Avella

275 So. 3d 207

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719061

Published

a qualified advanced care clinic fits under section 828.12(2), Florida Statutes (2018), which reads: A

Reyes v. State

274 So. 3d 1209

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 64718944

Published

this is not the case, we disagree, and affirm. Section 828.12(2), Florida Statutes (2018), states that "[a]

Reyes v. State

274 So. 3d 1209

District Court of Appeal of Florida | Filed: Jun 19, 2019 | Docket: 64718945

Published

this is not the case, we disagree, and affirm. Section 828.12(2), Florida Statutes (2018), states that "[a]

State v. Archer

259 So. 3d 999

District Court of Appeal of Florida | Filed: Dec 14, 2018 | Docket: 64699496

Published

Archer was charged by information with violating section 828.12, Florida Statutes (2017) ("Cruelty to Animals")

Renaldo J. Bell v. State

216 So. 3d 751, 2017 WL 1372092, 2017 Fla. App. LEXIS 5108

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099885

Published

122(3), Fla. Stat. (2013). 2 . § 828.12(2), Fla. Stat. (2013). 3 .§ 828

Donald Ray Kervin v. State of Florida

195 So. 3d 1181, 2016 Fla. App. LEXIS 10355, 41 Fla. L. Weekly Fed. D 1570

District Court of Appeal of Florida | Filed: Jul 6, 2016 | Docket: 4108182

Published

cru *1182 elty in violation of section 828.12(2), Florida Statutes (2012), arguing that the

Brown v. State

166 So. 3d 817, 2015 Fla. App. LEXIS 101, 2015 WL 72231

District Court of Appeal of Florida | Filed: Jan 7, 2015 | Docket: 2621523

Published

felony conviction for animal cruelty under section 828.12(2), Florida Statutes (2011), could not be based

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

29.13 AGGRAVATED ANIMAL CRUELTY [-FELONY] § 828.12(2), Fla. Stat. To prove the crime of Aggravated

Hamilton v. State

128 So. 3d 872, 2013 WL 6670841, 2013 Fla. App. LEXIS 20056

District Court of Appeal of Florida | Filed: Dec 16, 2013 | Docket: 60237188

Published

82-year-old appellant was convicted of violating section 828.12(2), Florida Statutes (2012), which makes it

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

that Bloom was arrested pursuant to Fla. Stat. § 828.12 which provides, inter alia, that it is a felony

King v. State

12 So. 3d 1271, 2009 Fla. App. LEXIS 9509, 34 Fla. L. Weekly Fed. D 1396

District Court of Appeal of Florida | Filed: Jul 10, 2009 | Docket: 1646753

Published

cruelty in the death of a dog in violation of section 828.12(2), Florida Statutes (2007).[1] The charges

In re Standard Jury Instructions in Criminal Cases—Report No. 2008-07

3 So. 3d 1172, 34 Fla. L. Weekly Supp. 231, 2009 Fla. LEXIS 255, 2009 WL 465822

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 60289123

Published

is not committed. (Define animal cruelty. See § 828.12, Fla. Stat.) ] [any person is using animals to

Bartlett v. State

972 So. 2d 224, 2007 WL 4322775

District Court of Appeal of Florida | Filed: Dec 12, 2007 | Docket: 1650080

Published

felony cruelty to animals, in violation of section 828.12(2), Florida Statutes. In summary, officers

Bartlett v. State

929 So. 2d 1125, 2006 WL 1409122

District Court of Appeal of Florida | Filed: May 24, 2006 | Docket: 1421725

Published

felony cruelty to animals, in violation *1126 of section 828.12(2), Florida Statutes (2004). On the evening

J.P. v. State

895 So. 2d 1202, 2005 Fla. App. LEXIS 2227

District Court of Appeal of Florida | Filed: Feb 25, 2005 | Docket: 64836549

Published

J.P. was charged with animal cruelty under section 828.12(2), Florida Statutes, which provides that,

Aaroe v. State

788 So. 2d 340, 2001 Fla. App. LEXIS 7441, 2001 WL 567836

District Court of Appeal of Florida | Filed: May 25, 2001 | Docket: 64806389

Published

Aaroe was convicted by a jury, pursuant to section 828.12(2), Florida Statutes (1999),1 of felony cruelty

State v. Simbach

742 So. 2d 365, 1999 Fla. App. LEXIS 13973, 1999 WL 623339

District Court of Appeal of Florida | Filed: Aug 18, 1999 | Docket: 64791374

Published

Simbach with cruelty to animals in violation of section 828.12(2), Florida Statutes (1995). That section provides:

B.S. v. State

661 So. 2d 19, 1994 Fla. App. LEXIS 9608

District Court of Appeal of Florida | Filed: Oct 7, 1994 | Docket: 64759129

Published

delinquency that determined B.S. had violated section 828.12(2), Florida Statutes (1991), by torturing an

Ago

Florida Attorney General Reports | Filed: May 6, 1994 | Docket: 3258995

Published

hog rodeo) violates the provisions of either section 828.12 or section828.122, Florida Statutes? In sum:

Ago

Florida Attorney General Reports | Filed: Apr 23, 1990 | Docket: 3255202

Published

and causes unnecessary pain and suffering. Section 828.12, F.S., provides in part that: (1) A person

C.W. v. State

528 So. 2d 66, 13 Fla. L. Weekly 1568, 1988 Fla. App. LEXIS 2926, 1988 WL 67772

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 64635878

Published

arrested for cruelty to animals in violation of section 828.12, Florida Statutes (1985), and for resisting

Ago

Florida Attorney General Reports | Filed: Jul 13, 1987 | Docket: 3257406

Published

828 and thus by city ordinance. QUESTION ONE Section 828.12, F.S., provides in pertinent part: Whoever

Daniels v. State

351 So. 2d 749, 1977 Fla. App. LEXIS 16715

District Court of Appeal of Florida | Filed: Nov 8, 1977 | Docket: 64561143

Published

subsequent to appellant’s act. The final statute — Section 828.12, Florida Statutes— is the only one of the four