Florida State Laws in Reference to Rescue Animals

Florida state and local governments have implemented a number of laws and regulations concerning rescue animals, including laws related to injury of service animals, creation of pet trusts and adoption of animals. Many of the enacted laws are aimed at preventing the abuse and neglect of dogs, cats and other types of animals.

  1. Service Animals

    • Florida law prohibits the harassment or intimidation of service animals by individuals or their dogs. Florida law also prohibits an individual, or an individual's dog, from killing or injuring a service animal. Under Florida law, the reckless killing or injuring of a service animal is a misdemeanor; under Florida law; the intentional killing or injuring of a service animal is a felony. Individuals who are convicted of this crime must replace the service animal; the replacement includes costs for retraining, veterinary services and other expenses. If applicable, compensation must be paid to the owner for lost wages and medical expenses.

    Pet Trusts

    • Pet owners may establish a pet trust for rescue animals as a means of providing care for a pet, during the owner's lifetime. When the pet dies, the trust ends; or in the cases of multiple animals, when the last living pet dies. Trust fund assets not used for the care of the pet must be distributed to the individual who established the trust or their estate. A pet owner may appoint a trustee to administer the trust assets or the court may appoint a trustee. The court may also remove a trustee at the request of an individual with an interest in the animal.

    Adoption

    • Florida law requires animals adopted from a rescue shelter to be spayed or neutered within 30 days of adoption. The shelter may charge a fee to cover the costs associated with spaying or neutering. The individual adopting the animal must pay the requisite fees, unless the fee is subsidized by local government or agencies. In certain areas of Florida, certain dog breeds that are considered dangerous are not allowed to be owned or adopted as pets. Miami does not allow individuals to own pit bulls or similar type breeds and fines individuals who acquire these types of dogs. Polk County Animal Control only allows pit bulls, chows, rottweilers and akitas to be adopted by animal rescue organizations but not individuals or families. Local officials implemented the ban citing concerns that individuals may adopt or purchase these specific breeds and train the animals to be aggressive against people or other animals.