Cruelty to animals is illegal in Florida, as it is across the country. Florida also makes it a crime to neglect and abandon pets or lock them up without enough food, water, ventilation, and room to move. Below, we’ve summarized the most important state laws that pet owners and animal lovers should know about.
What Is Animal Cruelty in Florida?
Florida law defines animal cruelty as any action or neglect that causes unnecessary pain or suffering, unless “done in the interest of medical science.” Florida has a crime called “cruelty to animals” as well as other crimes for specific types of animal mistreatment, such as unlawful abandonment and confinement.
(Fla. Stat. § 828.02 (2025).)
Cruelty to Animals
Florida’s main animal cruelty law makes it a crime to abuse animals in various ways, including:
- tormenting, unnecessarily mutilating, or killing an animal
- not giving an animal proper food, drink, or shelter, or
- transporting an animal in a cruel and inhumane way.
Generally, animal cruelty is a misdemeanor, but it’s a third-degree felony if the act (or failure to act) was intentional and resulted in a cruel death or excessive, repeated, and unnecessary pain or suffering. In addition to any other penalties, anyone guilty of intentionally injuring, mutilating, or killing an animal will have to go to psychological counseling or anger management treatment in addition to paying a fine. Repeat offenses and more serious types of cruelty can lead to prison time.
(Fla. Stat. § 828.12 (2025).)
Abandoning Pets
It’s a misdemeanor in Florida to abandon pets. Abandonment includes:
- leaving a sick or maimed animal to die
- leaving an animal to suffer injury or malnutrition, and
- abandoning an animal without proper care, food, water, protection, or shelter in a street or public place.
Felony penalties apply if a person restrains and then abandons a pet during a natural disaster.
(Fla. Stat. § 828.13 (2025).)
Confining Pets
Florida makes it a misdemeanor to confine an animal without providing:
- enough “good and wholesome” food and water
- a change of air, and
- room to exercise.
Among other things, keeping animals in cages without any exercise could violate the law against confining pets.
(Fla. Stat. § 828.13 (2025).)
What Are the Penalties for Animal Cruelty in Florida?
Misdemeanor animal cruelty offenses can be punished by up to a year in jail or a fine of up to $5,000, or both. Third-degree felonies can result in up to five years in prison or a fine of up to $10,000, or both.
People convicted of cruelty to animals can be prohibited from having pets for a period of time.
(Fla. Stat. § 828.12 (2025).)
Rescuing Pets From Hot Cars in Florida
Leaving a pet in a car on a warm day is dangerous and can lead to animal cruelty charges: The temperature inside the car can quickly get far hotter than it is outside (even with the windows cracked open), which can lead to heatstroke, and sometimes death.
Florida is one of a handful of states that allow good Samaritans to break into locked cars to rescue pets in distress if they sincerely and reasonably believe that the animals are in immediate danger and that there’s no other way of saving them. Rescuers will be protected from civil lawsuits for damage to the vehicles if they follow certain steps, including:
- immediately calling 911 or law enforcement
- breaking into the car with the minimum amount of force needed to remove the pet, and
- staying with the animal in a safe place nearby until an officer or emergency responder arrives.
(Fla. Stat. § 768.139 (2025).)
Florida's Special Protections for Harm to Service Animals
It’s a crime in Florida to injure, kill, or interfere with a service animal, or to allow a dog in your control to do so. Under this law, people are responsible not just for their own actions toward service animals, but also for the actions of their pets. For example, let’s say Mary is unable to control her aggressive dog, who has attacked and injured other dogs in the past. One day, as she walks her dog past Karim and his guide dog, Mary's dog lunges at Karim’s dog, who starts defending itself against the attack. The dogfight started by Mary’s dog would interfere with Karim’s use of his guide dog (and could injure or kill his dog). Mary’s failure to control her dog could be grounds for prosecution. A violation is usually a misdemeanor, but if the person intentionally hurts or kills the service animal, it’s a felony.
When the offense involves a service animal, the convicted person also must pay full restitution (compensation) for the consequences, including vet and boarding expenses, the costs of replacing the animal and training a new one, and lost wages while the owner didn’t have the animal’s help.
(Fla. Stat. § 413.081 (2025).)
Is Dogfighting Illegal in Florida?
Yes. In Florida, it’s a felony to be involved in any kind of animal fighting or “baiting” (provoking an animal to get it to fight with other animals). Illegal participation includes organizing, attending, or betting on the fights.
(Fla. Stat. § 828.122 (2025).)
Can Authorities Take Your Pet?
Law enforcement officers, animal control officers, or agents of the local humane society may take custody of any abused or neglected animal. The owner will be entitled to a hearing, where the court will decide if the owner is fit to provide proper care of the animal and regain custody.
(Fla. Stat. § 828.073 (2025).)
Speaking With a Lawyer
If you’ve been accused of animal cruelty—or you’re worried about possible charges—it’s a good idea to speak with a criminal defense lawyer as soon as possible. An attorney experienced in this area should be able to explain:
- details on relevant Florida laws
- how local authorities tend to interpret those laws
- ordinances in your local community that may apply to your situation
- how you might recover your pet if authorities have already taken it, and
- any defense you might have to criminal charges.