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F.S. 828.122 on Google Scholar

F.S. 828.122 on Casetext

Amendments to 828.122


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
View Entire Chapter
F.S. 828.122 Florida Statutes and Case Law
828.122 Fighting or baiting animals; offenses; penalties.—
(1) This act may be cited as “The Animal Fighting Act.”
(2) As used in this section, the term:
(a) “Animal fighting” means fighting between roosters or other birds or between dogs, bears, or other animals.
(b) “Baiting” means to attack with violence, to provoke, or to harass an animal with one or more animals for the purpose of training an animal for, or to cause an animal to engage in, fights with or among other animals. In addition, “baiting” means the use of live animals in the training of racing greyhounds.
(c) “Person” means every natural person, firm, copartnership, association, or corporation.
(3) Any person who knowingly commits any of the following acts commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
(a) Baiting, breeding, training, transporting, selling, owning, possessing, or using any wild or domestic animal for the purpose of animal fighting or baiting;
(b) Owning, possessing, or selling equipment for use in any activity described in paragraph (a);
(c) Owning, leasing, managing, operating, or having control of any property kept or used for any activity described in paragraph (a) or paragraph (b);
(d) Promoting, staging, advertising, or charging any admission fee to a fight or baiting between two or more animals;
(e) Performing any service or act to facilitate animal fighting or baiting, including, but not limited to, providing security, refereeing, or handling or transporting animals or being a stakeholder of any money wagered on animal fighting or baiting;
(f) Removing or facilitating the removal of any animal impounded under this section from an agency where the animal is impounded or from a location designated by the court under subsection (4), subsection (5), or subsection (7), without the prior authorization of the court;
(g) Betting or wagering any money or other valuable consideration on the fighting or baiting of animals; or
(h) Attending the fighting or baiting of animals.

Notwithstanding any provision of this subsection to the contrary, possession of the animal alone does not constitute a violation of this section.

(4) If a court finds probable cause to believe that a violation of this section or s. 828.12 has occurred, the court shall order the seizure of any animals and equipment used in committing the violation and shall provide for appropriate and humane care or disposition of the animals. This subsection is not a limitation on the power to seize animals as evidence at the time of arrest.
(5) If an animal shelter or other location is unavailable, a court may order the animal to be impounded on the property of its owner or possessor and shall order such person to provide all necessary care for the animal and to allow regular inspections of the animal by a person designated by the court.
(6) If a veterinarian finds that an animal kept or used in violation of this section is suffering from an injury or a disease severe enough that it is not possible to humanely house and care for the animal pending completion of a hearing held under s. 828.073(2), final disposition of the criminal charges, or court-ordered forfeiture, the veterinarian may euthanize the animal as specified in s. 828.058. A veterinarian licensed to practice in this state shall be held harmless from criminal or civil liability for any decisions made or services rendered under this subsection.
(7) If an animal can be housed in a humane manner, the provisions of s. 828.073 shall apply. For the purpose of a hearing provided pursuant to s. 828.073(2), any animal baited, bred, trained, transported, sold, owned, possessed, or used for the purpose of animal fighting or baiting shall be considered mistreated.
(8) In addition to other penalties prescribed by law, the court may issue an order prohibiting a person who is convicted of a violation of this section from owning, possessing, keeping, harboring, or having custody or control over any animals within the species that are the subject of the conviction, or any animals kept for the purpose of fighting or baiting, for a period of time determined by the court.
(9) This section shall not apply to:
(a) Any person simulating a fight for the purpose of using the simulated fight as part of a motion picture which will be used on television or in a motion picture, provided s. 828.12 is not violated.
(b) Any person using animals to pursue or take wildlife or to participate in any hunting regulated or subject to being regulated by the rules and regulations of the Fish and Wildlife Conservation Commission.
(c) Any person using animals to work livestock for agricultural purposes.
(d) Any person violating s. 828.121.
(e) Any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to customary hunting or agricultural practices.
(10) This section shall not prohibit, impede, or otherwise interfere with recognized animal husbandry and training techniques or practices not otherwise specifically prohibited by law.
History.—ss. 1, 2, ch. 76-59; s. 1, ch. 81-224; s. 2, ch. 82-116; s. 1, ch. 85-289; ss. 1, 3, ch. 86-179; s. 202, ch. 91-224; s. 7, ch. 93-13; s. 230, ch. 99-245; s. 2, ch. 2002-51; s. 1, ch. 2003-188.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 828.122 on Google Scholar

F.S. 828.122 on Casetext

Amendments to 828.122


Arrestable Offenses / Crimes under Fla. Stat. 828.122
Level: Degree
Misdemeanor/Felony: First/Second/Third

828.122 3a - CONSERVATION-ANIMALS - SELL POSS USE ANIMAL TO FIGHT OR BAIT - F: T
828.122 3b - CONSERVATION-ANIMALS - SELL POSS USE EQUIPMENT FOR ANIMAL FIGHT BAIT - F: T
828.122 3c - CONSERVATION-ANIMALS - OWN LEASE OPERATE PROPERTY ANIMAL FIGHT BAIT - F: T
828.122 3d - CONSERVATION-ANIMALS - PROMOTE ADVERTISE CHARGE FEE ANIMAL FIGHT BAIT - F: T
828.122 3e - CONSERVATION-ANIMALS - PERFORM SERVICE ACT FOR ANIMAL FIGHT BAIT - F: T
828.122 3f - CONSERVATION-ANIMALS - REMOVE IMPOUNDED ANIMAL WO AUTHORITY - F: T
828.122 3g - CONSERVATION-ANIMALS - BET WAGER ON ANIMAL FIGHT OR BAIT - F: T
828.122 3h - CONSERVATION-ANIMALS - ATTEND ANIMAL FIGHT OR BAIT - F: T

Civil Citations / Citable Offenses under S828.122
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 828.122.

Annotations, Discussions, Cases:

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

    508 U.S. 520 (1993)   Cited 1,392 times   14 Legal Analyses
    Respondent claims that Ordinances 87-40, 87-52, and 87-71 advance two interests: protecting the public health and preventing cruelty to animals. The ordinances are underinclusive for those ends. They fail to prohibit nonreligious conduct that endangers these interests in a similar or greater degree than Santeria sacrifice does. The underinclusion is substantial, not inconsequential. [Despite the city's proffered interest in preventing cruelty to animals, the ordinances are drafted with care to forbid few killings but those occasioned by religious sacrifice.] Many types of animal deaths or kills for nonreligious reasons are either not prohibited or approved by express provision. For example, fishing — which occurs in Hialeah, see A. Khedouri F. Khedouri, South Florida Inside Out 57 (1991) — is legal. Extermination of mice and rats within a home is also permitted. Florida law incorporated by Ordinance 87-40 sanctions euthanasia of "stray, neglected, abandoned, or unwanted animals," Fla. Stat. § 828.058 (1987); destruction of animals judicially removed from their owners "for humanitarian reasons" or when the animal "is of no commercial value," § 828.073(4)(c)(2); the infliction of…
    PAGE 544

  2. U.S. v. Stevens

    559 U.S. 460 (2010)   Cited 1,013 times   10 Legal Analyses

    not apply to the lawful hunting or trapping of animals as provided by law”) Florida Fla. Stat. § 828.122(9)(b) (2007) (“This section shall not apply to ... [a]ny person using animals to pursue or take wildlife

  3. Gonzalez v. State

    941 So. 2d 1226 (Fla. Dist. Ct. App. 2006)   Cited 4 times
    Sebastian Gonzalez appeals the trial court's denial of his motion to declare section 828.122(3), Florida Statutes (2005), which outlaws animal fighting, unconstitutional as overbroad. We affirm.

  4. ALL STATES HUMANE GAME FOWL ORG. v. C. OF JACKSONVILLE

    Case No. 3:08-cv-312-J-33MCR (M.D. Fla. Jul. 29, 2008)
    Section 828.122(3)(a) of the Animal Fighting Act proscribes "possessing or using any wild or domestic animal for the purpose of animal fighting or baiting." As a caveat, however, the Act states, "Notwithstanding any provision of this subsection to the contrary, possession of the animal alone does not constitute a violation of this section." Fla. Stat. Section 828.122(3). The Animal Fighting Act provides guidance for law enforcement and other state actors faced with animal fighting.
    PAGE 28

  5. AGO

    94-43 (Ops. Fla. Atty. Gen. May. 6, 1994)
    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.

  6. AGO

    90-29 (Ops. Fla. Atty. Gen. Apr. 23, 1990)
    The statute is so designated by s. 828.122(1), F.S.

  7. Bell v. State

    216 So. 3d 751 (Fla. Dist. Ct. App. 2017)   Cited 1 times
    § 828.122(3), Fla. Stat. (2013).
    PAGE 752

  8. In re Std. Jury Instr. in Crim. Cases

    3 So. 3d 1172 (Fla. 2009)
    In instruction 29.13(b), we have included reference to the statutory provision that defines "animal cruelty," section 828.12, Florida Statutes, to make the instruction consistent with section 828.122(9)(a), Florida Statutes.
    PAGE 1173

  9. Cumberland v. State

    225 So. 3d 952 (Fla. Dist. Ct. App. 2017)
    Mona Cumberland appeals her conviction and sentence for one count of fighting and baiting animals under section 828.122(3), Florida Statutes (2014). The charge stemmed from an organized dogfight that occurred at a residence where Cumberland lived. On the night of Cumberland's arrest, law enforcement entered the backyard of the residence and observed two pit bulls actively fighting in a makeshift fighting ring. Thirty-three dogs were taken from the property. Most of the animals were bleeding and had facial injuries. Additionally, paraphernalia found within the home and on the property was consistent with an organized dogfighting operation. Twenty-six people were arrested on the night of the incident.
    PAGE 953

  10. Grant v. Sec'y, Dep't of Corr.

    8:19-cv-2954-KKM-SPF (M.D. Fla. Mar. 17, 2023)
    The state court did not unreasonably deny Grant's claim by finding that the evidence allowed the jury to find that Grant possessed the dogs for the purpose of animal fighting or baiting. A person who knowingly engages in “baiting, breeding, training, transporting, selling, owning, possessing or using any wild or domestic animal for the purpose of animal fighting or baiting” commits the third-degree felony of animal fighting or baiting. § 828.122(3)(a), Fla. Stat.
    PAGE 56