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Florida Statute 828.125 | Lawyer Caselaw & Research
F.S. 828.125 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 828.125

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE PROTECTION
View Entire Chapter
F.S. 828.125
828.125 Killing or aggravated abuse of horses or cattle; offenses; penalties.Any other provisions of this chapter to the contrary notwithstanding:
(1) Any person who willfully and unlawfully, by any means whatsoever, kills, maims, mutilates, or causes great bodily harm or permanent breeding disability to any animal of the genus Equus (horse) or any animal of any registered breed or recognized registered hybrid of the genus Bos (cattle) commits a felony of the second degree, punishable as provided by s. 775.082, s. 775.083, or s. 775.084, except that any person who commits a violation of this subsection shall be sentenced to a minimum mandatory fine of $3,500 and a minimum mandatory period of incarceration of 1 year.
(2) Any person who individually attempts or solicits, or jointly agrees, conspires, combines, or confederates with another person to commit, any act prohibited by subsection (1) and does an act in furtherance of said attempt, solicitation, or conspiracy shall be guilty of a felony of the second degree and is punishable as if the person or persons had actually committed such prohibited act as enumerated in subsection (1), notwithstanding any provisions found in s. 777.04. Nothing in this subsection shall be construed to prohibit separate convictions and sentences for a violation of this subsection and any violation of subsection (1).
(3) Any person who verbally or in writing threatens to commit any act prohibited by subsection (1) and has the apparent ability to carry out such threat and places the owner or custodian of said animal in fear that such an act as described in subsection (1) is about to take place shall be guilty of a felony of the third degree, punishable as provided by s. 775.082, s. 775.083 or s. 775.084.
(4) In addition to any other fines or penalties authorized by law, a person found guilty of violating any provision of subsection (1), subsection (2), or subsection (3) may be ordered by the court to make restitution to the aggrieved party in an amount not to exceed twice the gross fair market value of the said Equus or Bos killed or abused in an aggravated manner, or up to twice the gross loss caused, whichever is greater, plus attorney’s fees and any and all related costs. Upon notice the court shall hold a hearing to determine the amount of fines, restitution, or costs to be imposed under this section, if not agreed upon by the parties.
(5) This section shall not be construed to abridge, impede, prohibit, or otherwise interfere in any way with the application, implementation, or conduct of recognized livestock husbandry practices or techniques by or at the direction of the owner of the livestock so husbanded; nor shall any person be held culpable for any act prohibited by this chapter which results from weather conditions or other acts of God, providing that the person is in compliance with recognized livestock husbandry practices.
History.s. 1, ch. 86-14; s. 42, ch. 91-110; s. 28, ch. 99-391; s. 5, ch. 2010-87.

F.S. 828.125 on Google Scholar

F.S. 828.125 on Casetext

Amendments to 828.125


Arrestable Offenses / Crimes under Fla. Stat. 828.125
Level: Degree
Misdemeanor/Felony: First/Second/Third

S828.125 1 - CONSERVATION-ANIMALS - KILL HARM MUTILATE HORSE OR CATTLE - F: S
S828.125 2 - CONSERVATION-ANIMALS - ATTEMPT CONSPIRE TO KILL HARM HORSE OR CATTLE - F: S
S828.125 3 - CONSERVATION-ANIMALS - THREATEN TO KILL HARM HORSE OR CATTLE - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. JOHNSON, v. STATE, 715 So. 2d 1017 (Fla. Dist. Ct. App. 1998)

. . . In pertinent part, section 777.04 states: (4)(a) Except as otherwise provided in ss. 828.125(2), 849.25 . . . Sections 828.125(2), 849.25(4), and 893.135, Florida Statutes (1995), which are specifically exempted . . .