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Florida Statute 828.058 | Lawyer Caselaw & Research
F.S. 828.058 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 828.058

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
View Entire Chapter
F.S. 828.058
828.058 Euthanasia of dogs and cats.
(1) Sodium pentobarbital, a sodium pentobarbital derivative, or other agent the Board of Veterinary Medicine may approve by rule shall be the only methods used for euthanasia of dogs and cats by public or private agencies, animal shelters, or other facilities which are operated for the collection and care of stray, neglected, abandoned, or unwanted animals. A lethal solution shall be used in the following order of preference:
(a) Intravenous injection by hypodermic needle;
(b) Intraperitoneal injection by hypodermic needle; or
(c) If the dog or cat is unconscious with no corneal reflex, intracardial injection by hypodermic needle.
(2) A dog or cat may be tranquilized with an approved and humane substance before euthanasia is performed.
(3) Succinylcholine chloride, curare, curariform mixtures, any substance which acts as a neuromuscular blocking agent, or a chamber which causes a change in body oxygen may not be used on a dog or cat for any purpose. However, whenever an emergency situation exists which requires the immediate euthanasia of an injured, diseased, or dangerous animal, a law enforcement officer, a veterinarian, or an agent of a local animal control unit or the designee of such an agent may humanely destroy the animal, as provided in s. 828.05.
(4)(a) Euthanasia shall be performed only by a licensed veterinarian or an employee or agent of a public or private agency, animal shelter, or other facility that is operated for the collection and care of stray, neglected, abandoned, or unwanted animals, provided the employee or agent has successfully completed a 16-hour euthanasia technician certification course. The curriculum for such course must be approved by the Board of Veterinary Medicine and must include, at a minimum, the pharmacology, proper administration, and storage of euthanasia solutions; federal and state laws regulating the storage and accountability of euthanasia solutions; euthanasia technician stress management; and proper disposal of euthanized animals. An employee or agent performing euthanasia before October 1, 1993, must obtain certification by October 1, 1994. An employee or agent who begins performing euthanasia on or after October 1, 1993, must obtain certification before performing any euthanasia. However, a certified veterinarian technician who is an employee or agent as defined in the subsection, may perform euthanasia without completing the certification course required by this subsection. Euthanasia must be performed in a humane and proficient manner.
(b) No dog or cat may be left unattended between the time euthanasia procedures are first begun and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person.
(5) The state attorney may bring an action to enjoin any violation of this act.
(6) Any person who violates the provisions of this act is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.ss. 2, 3, 4, 5, 6, 7, 8, 9, ch. 84-105; s. 201, ch. 91-224; s. 6, ch. 93-13; s. 3, ch. 2012-173.

F.S. 828.058 on Google Scholar

F.S. 828.058 on Casetext

Amendments to 828.058


Arrestable Offenses / Crimes under Fla. Stat. 828.058
Level: Degree
Misdemeanor/Felony: First/Second/Third

S828.058 - CONSERVATION-ANIMALS - VIOL EUTHANASIA DOGS CATS LAW - M: F



Annotations, Discussions, Cases:

Cases from cite.case.law:

BAZE v. REES, COMMISSIONER, KENTUCKY DEPARTMENT OF CORRECTIONS,, 553 U.S. 35 (U.S. 2008)

. . . . §828.058(3) (2006) (“[A]ny substance which acts as a neuromuscular blocking agent. . . may not be used . . .

BEARDSLEE, v. S. WOODFORD, L., 395 F.3d 1064 (9th Cir. 2005)

. . . . §§ 828.058 and 828.065; Georgia, Ga.Code Ann. § 4 — 11— 5.1; Maine, Me.Rev.Stat. . . .

HARRIS, v. L. JOHNSON,, 376 F.3d 414 (5th Cir. 2004)

. . . . §§ 828.058 and 828.065 (enacted in 1984); Mass. . . .

CHURCH OF THE LUKUMI BABALU AYE, INC. v. CITY OF HIALEAH, 508 U.S. 520 (U.S. 1993)

. . . . §828.058 (1987); destruction of animals judicially removed from their owners “for humanitarian reasons . . .