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Animal Cruelty Laws in Florida

How Florida law treats animal cruelty: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Animal cruelty (unnecessarily tormenting, overloading, starving, mutilating or killing an animal, or carrying it cruelly) is a first-degree misdemeanor, up to 1 year and a fine of up to $5,000. Fla. Stat. § 828.12; Fla. Stat. §§ 775.082, 775.083

Animal crueltyAnimal cruelty (unnecessarily tormenting, overloading, starving, mutilating or killing an animal, or carrying it cruelly) is a first-degree misdemeanor, up to 1 year and a fine of up to $5,000. Aggravated animal cruelty (an act or failure to act causing a cruel death or excessive or repeated unnecessary pain and suffering) is a third-degree felony, up to 5 years and a $10,000 fine; knowing torture brings a mandatory $2,500 fine and counseling, and a repeat conviction requires a $5,000 fine and at least 6 months in jail with no early release. An adult who commits aggravated cruelty in front of a minor or entices a minor to do it commits a separate third-degree felony. The court may bar a convicted person from owning or keeping animals for a period it sets.
From January 1, 2027, FDLE must post a searchable public list of people convicted under § 828.12 (§ 828.12(9)). Penalties (§§ 775.082, 775.083): capital felony - death or life without parole; life felony - up to life and $15,000; first-degree felony - up to 30 years and $10,000; second-degree felony - up to 15 years and $10,000; third-degree felony - up to 5 years and $5,000; first-degree misdemeanor - up to 1 year and $1,000; second-degree misdemeanor - up to 60 days and $500.

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FAQ

Is animal cruelty a felony in Florida?
Animal cruelty (unnecessarily tormenting, overloading, starving, mutilating or killing an animal, or carrying it cruelly) is a first-degree misdemeanor, up to 1 year and a fine of up to $5,000. Aggravated animal cruelty (an act or failure to act causing a cruel death or excessive or repeated unnecessary pain and suffering) is a third-degree felony, up to 5 years and a $10,000 fine; knowing torture brings a mandatory $2,500 fine and counseling, and a repeat conviction requires a $5,000 fine and at least 6 months in jail with no early release. An adult who commits aggravated cruelty in front of a minor or entices a minor to do it commits a separate third-degree felony. The court may bar a convicted person from owning or keeping animals for a period it sets.
Can I get a court-appointed lawyer for animal cruelty in Florida?
Florida's rule on court-appointed lawyers: An applicant for a public defender applies to the clerk of the court for a determination of indigent status and 'shall pay a $50 application fee to the clerk for each application for court-appointed counsel filed,' within 7 days of applying; if unpaid at disposition, the court may assess it as part of the sentence. A person found indigent may not be refused counsel for failure to pay the fee. An applicant is indigent if income is equal to or below 200 percent of the then-current federal poverty guidelines, or if receiving TANF-Cash Assistance, poverty-related veterans' benefits or SSI. The clerk makes the determination; an applicant found not indigent may seek review by the court, which makes the final determination. Fla. Stat. § 27.52
How much does a lawyer for animal cruelty cost in Florida?
Lawyers set their own fees, and Florida has rules on how they may charge. See hiring a criminal defense lawyer in Florida for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for animal cruelty in Florida?
How release before trial works in Florida: 'The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.' The court considers factors including the nature and circumstances of the offense, the weight of the evidence, the defendant's family ties, residence, employment, finances and mental condition, past conduct and prior convictions or failures to appear, danger to the community, the source of bail funds, whether the defendant is already on pretrial release, probation or parole, and danger to victims (§ 903.046(2)). The Florida Supreme Court must adopt a uniform statewide bond schedule for offenses not described in § 903.011(6); local schedules generally may not set lower amounts, and the schedule 'shall not bind a judge in an individual case.' A person meeting § 903.011(6) criteria — including a current charge of a capital, life, first-degree or second-degree felony — may not be released before his or her first appearance hearing or bail determination. Fla. Stat. §§ 903.011, 903.046 What happens after an arrest.
Can a conviction for animal cruelty be removed from my record in Florida?
Each state sets its own rules for sealing or expunging records. See Florida expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.