Florida

Summary: Donald Ray Kervin was found guilty of felony animal cruelty stemming from a 2012 incident at his residence. Animal control officers arrived to find defendant's dog "Chubbie" in a small, hot laundry room a the back of his house that emitted a "rotten-flesh odor." Chubbie was visibly wet, lying in his own feces and urine, with several open wounds infested with maggots. After questioning Kervin about the dog's injuries, defendant finally admitted to hitting Chubbie with a shovel for discipline. The dog was ultimately euthanized due to the severity of his condition. In this instant appeal, Kervin contends that the lower court erred in using the 2014 revised jury instruction to instruct the jury on the charged offense rather than the 2012 version of the instruction. Kevin argued that the 2014 version expanded the 2012 version to include the “failure to act” in felony animal cruelty cases. Also, Kervin argued that the 2012 version should have been used because it was in place at the time the offense occurred. Ultimately, the court found that the lower court did not err by using the 2014 jury instruction. The court held that the 2014 jury instructions merely “clarified” the 2012 jury instruction and that the “failure to act” was already present in the 2012 jury instruction. As a result, the court upheld Kervin’s guilty verdict.

Summary: This statute allows any party at a judicial proceeding to protect a victim or witness under the age of 18 from severe emotional or mental harm due to the presence of the defendant. With respect to facility dogs, the law states that the court may set any other conditions it finds just and appropriate, including the use of a service or therapy animal that has been evaluated and registered according to national standards, in any proceeding involving a sexual offense. When deciding whether to permit a child victim or witness or sexual offense victim or witness to testify with the assistance of a registered service or therapy animal, the court must consider the following factors: (1) the age of the child victim or witness; (2) the age of the sexual offense victim or witness at the time the sexual offense occurred; (3) the interests of the child victim or witness or sexual offense victim or witness; (4) the rights of the parties to the litigation; and (5) any other relevant factor that would facilitate the testimony by the child victim or witness or sexual offense victim or witness.

Summary: This Florida case involves the appeal of defendant's motion to suppress evidence in an animal cruelty case. Specifically, defendant Milewski challenged the evidence obtained during the necropsy of his puppy, alleging that he did not abandon his property interest in the body of the deceased dog because he thought the puppy's remains would be returned to him in the form of ashes. The necropsy showed that the puppy suffered a severe brain hemorrhage, extensive body bruises, and a separated spinal column that were consistent with severe physical abuse (which was later corroborated by Milewski's confession that he had thrown the dog). The trial court granted the motion to suppress and further found that law enforcement infringed on defendant's rights as the "patient's owner" when they interviewed the veterinarian and obtained veterinary records without consent or a subpoena, contrary to Florida law. On appeal, this court found that the Fourth Amendment does not extend to abandoned property. When Milewski abandoned his puppy's remains for the less-expensive "group cremation" at the vet's office, he gave up his expectation of privacy. As such, the court found that he was not deprived of his property without consent or due process when animal services seized the puppy's remains without a warrant. Further, this court found that there was no basis to suppress the veterinarian's voluntary statements about the puppy's condition or the necropsy report. The motion to suppress was reversed as to the doctor's statements/testimony and the evidence from the necropsy. The trial court's suppression of the hospital's medical records obtained without a subpoena was affirmed.

Summary: These Florida laws concern liens for the care and maintenance of animals. The first section declares that the liens mentioned in the chapter include the described personal property under the circumstances mentioned in each section. Section 713.65 then describes that a lien exists in favor of all persons for the "feeding or caring for the horse or other animal of another, including all keepers of livery, sale or feed or feed stables, for feeding or taking care of any horse or other animal put in their charge; upon such horse or other animal." Based on the broad language of "other animal," a lien exists for the care and feeding of all owned animals.

Summary: This section comprises Florida's veterinary lien law. A lien exists in favor of any veterinarian who renders professional services to an animal at the request of the owner of the animal, the owner's agent, or a bailee, lessee, or custodian of the animal, for the unpaid portion of the fees for such professional services. The lien remains valid and enforceable for a period of 1 year from the date the professional services were rendered, and such lien is to be enforced in the manner provided for the enforcement of other liens on personal property in this state.

Summary: Defendant was found guilty of felony cruelty to animals after a Chow mix was found near defendant's mobile home emaciated and suffering from several long-term conditions that had gone untreated. Defendant was convicted in the Circuit Court, Pasco County and was sentenced to six months of community control followed by three years of probation. She timely appealed, raising several arguments. The District Court of Florida affirmed the trial court’s decision, writing only to address her claim that the trial court erred in denying her motion for judgment of acquittal because a felony conviction for animal cruelty Florida Statutes could not be based on an omission or failure to act. In doing so, the court noted that a defendant could be properly charged with felony animal cruelty under this version of the Florida statute for intentionally committing an act that resulted in excessive or repeated infliction of unnecessary pain or suffering to an animal by failing to provide adequate food, water, or medical treatment. The court then held that sufficient evidence existed showing that defendant owned a dog and failed, over a period of more than one year, to provide adequate food, water and needed medical care.

Summary: This is a short overview of Florida Great Ape law.

Summary: In 2002, the Florida Elections Commission received a sworn complaint alleging the Farm Sanctuary, Inc. (a non-profit organization dedicated to rescuing and protecting farm animals) violated Chapter 106, Florida statutes. The Commission staff investigated the allegations and based on the facts and conclusions of law contained in the Complaint, the Report of Investigation, and this statement, the staff recommends that there is probable cause to charge the Respondent with 210 separate counts of violating Section 106.021(1), Florida Statutes, prohibiting a person from making contributions to or receiving contributions on behalf of a political committee except through the campaign treasurer. This document is the order of probable cause.

Summary: Philip Leigh (Defendant) appeals from an order summarily denying his motion for postconviction relief. Following a jury trial, Defendant was found guilty of trafficking in cocaine and conspiracy to traffic. Defendant claimed his trial counsel was ineffective for allowing him to appear in a leg restraint and for failing to object to the presence of a dog. Apparently, the dog became disruptive on more than one occasion and was visible to the judge and jury. The Florida appellate court reversed and remanded, with a provision that the trial court could attach portions of the record that would refute the possibility that defense counsel’s failure to object to the dog’s presence indicated ineffective assistance of counsel. Since there was apparently no evidence of the dog’s presence in the record at all, the trial court was presumably obligated to conduct an evidentiary hearing on the matter.

Summary: This ballot proposal addresses the inhumane treatment of animals, specifically, pregnant pigs. To prevent cruelty to animals and as recommended by The Humane Society of the United States, no person shall confine a pig during pregnancy in a cage, crate or other enclosure, or tether a pregnant pig, on a farm so that the pig is prevented from turning around freely, except for veterinary purposes and during the prebirthing period; provides definitions, penalties, and an effective date. This measure passed in the November 2002 election with 54% of the vote.