Florida case law clearly demonstrates that pets are treated as marital property, based on the 1995 case of Bennett v. Bennett. //-->. Have Pets Vaccinated for Rabies. Regardless, it is always a good idea to understand how the law works in your state. These new laws clarify how residents of Florida can properly qualify for an emotional support animal and affirm the special rights ESA owners have. property of others must be immediately removed by the person who has custody or control of the animal unless. * We are a Family Law Firm and do not deal with these issues outside of a Family Law Context. Patti Jewel . In the state of Florida, pets are considered personal property. Official Website of Hillsborough County, Florida Government. Roughly 14 states have regulations protecting pet buyers that are similar to so-called "lemon" laws for automobile purchases. (5) An animal owners name, street address, phone number, and animal tag number contained in a rabies vaccination certificate provided to the animal control authority is exempt from s. 119.07(1) and s. 24(a), Art.I of the State Constitution. Telephone: +1-786-309-8588 While its safe to say that most "pet parents" would disagree and see their companions as true members of the family, that view has no standing in court. Yet under current law in most jurisdictions, a pet's value is calculated like that of any other material object. If you sue the murderer of your beloved pooch, you can typically expect to receive the dog's replacement cost in damages. Although you may feel like your pet deserves the same treatment as a person, that doesnt mean that they are granted According to the Human Society, 39% of American homes have at least one dog and 33% have at least one cat.Yet, due to close proximity of condo style living, it's difficult to have an unregulated pet policy without infringing on the rights of non-pet owning individuals in the community. More than 25% of pet owners in many European countries have this coverage, yet in the United States only about 1% of pet owners do. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. In most states, owning wild deer is illegal, and this is Class I animals include bears, large cats, rhinos, crocodiles, chimpanzees, and more. The County's Animal Services Director James Sweet said the ordinance is an effort to ensure the safety of residents and their pets. (There may also be specific city and county laws barring the sale or ownership of certain dog breeds.) In Florida, the laws regarding exotic and wild animals as pets is specified inFLA. ADMIN. A judge will consider who purchased or adopted the pet, who cares for it and who spends the most time with it in making his or her determination of post-dissolution ownership. Pet "Lemon" Laws . Although pets are considered personal property, they are still living things and have to be cared for properly. If you are confused about how laws affect different cases, you should know that these laws were made to protect both pets and pet owners. COVID-19: Pet Ownership Find a Dog Park Get Pet Registration Tags Have Pets Vaccinated for Rabies Get Pet Registration Tags. Pet Lemon Laws Unlike children, pets are not usually shared between parents or owners. Pet owners in Marion County will soon have new rules to look out for if they don't want to be labeled "irresponsible." You're required to vaccinate your dog against rabies and follow the regulations of the county in which you live. The good: Florida allows quite a few smaller exotic pets that are largely banned in other states for no logical reason. As a responsible pet owner, it's your duty to ensure that your dog doesn't cause physical or monetary damage to people, other pets, livestock or property. If the determination of pet ownership cant be settled in a marital settlement agreement, a judge will determine ownership. Since pets are considered personal property, most people dont think they should be charged extra rent or pet fees for having a pet in a rental home or apartment. The health certificate is valid for 30 days from the time of examination for entry into Florida. deposited by a dog, cat, or pet pig on public property, public walks, recreation areas or the private. The Status of Pets under Florida Law. Although the state of Florida does consider pets as personal property, pet owners are still responsible for their care, and behavior. If you have a pet that may not get along with other people or animals, it is your responsibility to keep that pet away from others. Miami, Florida 33131 If the dog is not held by the animal control authority, the owner must confine the dog in a securely fenced or enclosed area pending resolution of the appeal. There's hardly a more emotionally charged and contentious issues than regulating pet ownership in a community. In addition to federal laws governing animal ownership and treatment, every state has certain prohibitions or restrictions on which exotic animals can be owned as pets. By providing the public with the option of humanely reducing the population, governments give the public the option of becoming responsible pet owners while retaining the option to utilize other means to control the population if the public fails to act. Florida Law on Pets in a Divorce. Do you know which animals you can keep as pets in Florida? Know your locality's legislation and put your mind at ease. See Source for more details. In addition to federal laws governing animal ownership and treatment, every state has certain prohibitions or restrictions on which exotic animals can be owned as pets. Adopt a Dog or Cat Pet Information Library Pet Ownership Pet-Related Ordinances & Citations Animal Abuse Registry Commonly Cited Animal Ordinances Get Pet Registration Tags Hillsborough County has many laws in place to protect not only its residents but its pets also. These rules were also intended to address a growing concern that tenants are [] (adsbygoogle = window.adsbygoogle || []).push({}); In the case, the court noted Florida courts were already overwhelmed with the supervision of custody, visitation and support matters relating to children. The law allows a local unit of government to adopt an ordinance that acts as an exemption to the state's Food and Drug Administration Food Code. Pet-Related Ordinances & Citations. otherwise authorized by the property owner. Laws on harvesting marine life and sea shell collecting, Submit your Website for Inclusion on FloridaSmart. In the state of Florida, pets are considered personal property. Whether playing with your puppy at one of our five County dog parks, or carting your cat to a community vaccination event, you strive to provide your companions with the best care you can. CODE ANN. Because the laws about pets in Florida can be confusing, it is always best to hire an attorney if you ever need to go to court over an issue with your pet or someone elses pet. Residential communities that are governed by a homeowners or condominium association may also have by-laws governing pet ownership. In Florida, the laws regarding exotic and wild animals as pets is specified in FLA. ADMIN. In cases where a pet has destroyed or harmed a persons property, the pet owner is usually held responsible for that pets behavior and will be required to pay repair or replacement costs. If a pet harms another pet or a person, a judge will likely hold the person civil liable. The owner may appeal the classification, penalty, or both, to the circuit court in accordance with the Florida Rules of Appellate Procedure after receipt of the final order. Provides an overview of retail pet store laws and table of state laws with pet store/pet purchaser protection acts (puppy lemon laws). To see this page as it is meant to appear, please enable your Javascript! Residents interested in reviewing the laws and regulations governing animal care in Broward County should also check with their city Code Enforcement Department. Now Florida judges may have the discretion to award joint ownership of a family pet, but nothing in the law requires the Court to do so, nor are there any provisions in Florida law that would provide guidance for the courts on how to properly, and uniformly, address issues related to family pets. 1 Answer | Asked in Contracts, Real Estate Law and Animal / Dog Law for Florida on Oct 21, 2020 Q: I need legal advice pertaining to a rental property that my father owns. The County's Animal Services Director James Sweet said the ordinance is an effort to ensure the safety of residents and their pets. Issues concerning the health certificate should be directed to the Florida Department of Agriculture and Consumer Services (FDACS) at (850) 410-0950. Most people consider their pets members of their families. If your pet bites a person or another pet, you may be required to pay for medical treatment and even pain and suffering related to that case. Class II includes howler monkeys, macaques, bobcats, The Animal Law Resource Center provides information on laws/statutes for all 50 states and the federal government regarding animals, including animal control, animal cruelty, animal research, service and police animals, animals used in agriculture, animals used in entertainment, companion animals, animals used for education, veterinarians, and wildlife. CODEANN. Arizona bans non-domestic canines and felines like wolves and bobcats, as well as poisonous snakes, while Florida allows howler monkeys, macaques, wolves, bobcats, and even cougars to be kept as pets with a permit. Pets can't speak. Florida (388) Fees, Foreclosures, Delinquencies & Collections (375) Condo & HOA Law (343) Property Management (306) Common Area Issues (297) Condo & HOA Assessments (248) Condo Association Insurance (191) Disabilities & Owner Rights (160) Condo Association & HOA Meetings (155) Condo Reserves (136) Condo Association Management (132) Illinois (113) In Florida, the legal system views pets as property. As the owner of a pet, you are responsible for controlling that pet and making sure that it does not harm other people, pets or property. 2 Pierce L. Rev. Dog-Bite Statutes. The laws governing ownership of pit bulls varies not only from state to state, but also from county to county. According to the Florida Administrative Code, Class I animals are illegal to possess, and Class II animals require a permit.Class I animals include bears, large cats, rhinos, crocodiles, chimpanzees, and more. Pets may not run at large. While many animal lovers may not like to think in these terms, it does help the owner of a lost dog reclaim their pet in a custody dispute. Pet owners are required by law to keep their pets on leashes and sometimes muzzles. The Marion County Commission recently passed a new Irresponsible Pet Owner ordinance. If you have been accused of abusing or neglecting your pet or if someone has harmed your pet, you may have to handle your case in court. Pet owners tend to think so. r. 68A-6.002 which classifies The Marion County Commission recently passed a new Irresponsible Pet Owner ordinance. (5) An animal owners name, street address, phone number, and animal tag number contained in a rabies vaccination certificate provided to the animal control authority is exempt from s. 119.07(1) and s. 24(a), Art.I of the State Constitution. These days, you can even dress your pets up, for example you can get Bandanas for Cats. Animal Services 386-248-1790 Animal Care Clinic/ Pet Vet Cruiser 386-323-3575 Ownership of the animal will typically be awarded to one person. Pets must be confined to the owners property or walked on a leash. The Florida Pet Law, Section 828.29, Florida Statutes, provides standardized health requirements for dogs and cats sold within Florida. Once the local exemption is passed, a restaurant can apply for a permit to allow dogs in the outdoor dining spaces. Director Adam Leath ALeath@volusia.org. When it comes to who gets a pet during a divorce or separation, pets are often treated as property. Animal cruelty convictions can result in substantial fines and jail time. Hopefully, your pet will be involved in any type of accident or that you will ever have to go to court over your pet. r. 68A-6.002 which classifies animals into classes. The Law: Pets as Property Currently, our legal system classifies pets as property right alongside cars and televisions. Dog-bite statutes are strict liability statutes that place the liability for an injury See instructions, My Pet Is A Person! However, we have created settlement agreements in the past in which divorced couples do share ownership of the animal post-divorce. Official Website of Hillsborough County, Florida Government. Florida is just one state that, as of 2012, continues to enforce breed-specific legislationparticularly pertaining to pit bulls. They care for their pets the same way they would care for children and make sure they are fed, watered, loved and kept safe and comfortable. * Please note that these posts are intended as a public service and are for informational use only. Pet Disaster Planning. Because pets can destroy property and structures, most landlords require a pet deposit or charge a higher amount of rent, subject to a few exceptions, such as the ADA. An attorney will have a good understand of the law and know how each law applies to your type of case. Florida is an unusual state when it comes to exotic pet laws, and there are both good and bad aspects of their regulations. www.flcondominiumlaw.com/2013/06/guide-to-pet-ownershiprestrictions-in.html Section 14: Failure to Remove Animal Waste Florida . Pets may not chase, run after, or jump at vehicles or bicycles using the right-of-way; and may not snap, growl, snarl, jump upon, or threaten persons using the right-of-way. Animals "At Large" The Leash Law: Section 4-3 157 (2004), p.180-181. If you love your pet, it can be hard to see them as property. Pet insurance can help. Florida Animal Law regarding Pet Ownership Do you know which animals you can keep as pets in Florida? Florida was one of the first states to enact a law on dogs in restaurants in 2006. Fax: +1-866-281-2589, 2019 Law Offices of Jeffrey Alan Aenlle, PA, Sorry, you have Javascript Disabled! Sign up forour monthly enewsletterto stay up to date on what's happening in Florida, upcoming events and special deals. Class III animals can be owned with no permit: Reptiles, amphibians (nonvenomous, unprotected), Gerbils, hedgehogs,Honey possums, sugar gliders, brushtailed possums,Shell parakeets,Rats and mice,Canaries,Moles; shrews,Rabbits,Squirrels; chipmunks,Ferrets (domestic; European),Lovebirds,Guinea pigs,Cockadels,Hamsters,Parrots,Finches,Myna birds,Toucans,Doves; ringed, ruddy, and diamond,Button quail,Prairie dogs,Chinchillas, Click here for more specific details on Florida's laws for capturing and owning animals and wildlife in Florida, See Also: Laws on harvesting marine life and sea shell collecting,