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Florida Animal / Dog Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Animal / Dog Law and Real Estate Law for Florida on
Q: Can I pursue legal action for neighbor's noisy dog violating lease rules in Florida?

I have been a tenant in my apartment for 17 months, and a new tenant moved downstairs three months ago with a barking dog. Despite complaining 10 times to management and filing a noise complaint with animal control, the issue persists. The barking occurs early and late for durations longer than 5-7... View More

2 Answers | Asked in Animal / Dog Law and Contracts for Florida on
Q: How can I legally retrieve my puppy given to someone who sold her?

I need help getting my puppy back. I let someone take the puppy under the agreement that they would keep her, allow me to visit, and contribute to her veterinary care. I found out through text messages, shortly after giving them the puppy, that they gave or sold her to someone else. They even used... View More

Charles M.  Baron
Charles M. Baron
answered on May 13, 2025

Contact a general practice or civil litigation lawyer in your area. Your agreement may or may not be enforceable in Court, depending on the details of the arrangement and what transpired after the conveyance. Ideally, you should have drawn up a written, signed agreement that included the... View More

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3 Answers | Asked in Foreclosure, Animal / Dog Law, Civil Rights, Civil Litigation and Real Estate Law for Florida on
Q: Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

My house was foreclosed, and we were given ten minutes to leave the premises. Animal control took our valuable horses, claiming it was necessary because we couldn't move them ourselves, despite us having the means to do so with some additional time for arrangements. The sheriff threatened me... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 12, 2025

I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.

Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice...
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1 Answer | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Did I commit an FWC violation by rehoming my turtle without using the Florida Exotic pet amnesty program?

I applied for the Florida Exotic pet amnesty program, which states on their website that finding homes for red-eared sliders can take longer than a year due to limited placement options. Owners are encouraged to seek alternative placements on their own. I rehomed my turtle with an adopter before... View More

James L. Arrasmith
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answered on May 14, 2025

It’s clear you acted with good intentions, especially after learning about the legal concerns tied to owning a red-eared slider in Florida. The Florida Exotic Pet Amnesty Program does ask owners to wait for formal approval and to rehome animals only through permitted adopters. That said, the... View More

1 Answer | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Rehomed illegal red-eared slider before program's approval - legal issues?

I owned a red-eared slider turtle in Palm Coast, FL, which I didn't realize was illegal to have. We signed up with the Exotic Pet Amnesty Program, but subsequently, we found a new home for the turtle and gave it, along with all the aquarium equipment, to someone who already had turtles. The... View More

James L. Arrasmith
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answered on May 14, 2025

It’s understandable that you acted out of concern and responsibility by finding a safe home for your turtle, especially once you realized it was illegal to keep. Florida has specific regulations regarding red-eared sliders due to their invasive status, and while the Exotic Pet Amnesty Program... View More

1 Answer | Asked in Civil Rights, Criminal Law and Animal / Dog Law for Florida on
Q: Is it illegal for a staff member to threaten my life in Florida?

I live in a building in Florida where an employee staff member threatened my life as well as the life of my cat in the lobby. I have the threat recorded. I don't have any personal relationship with her other than she works in the building I live in. The administrator told me that it... View More

James L. Arrasmith
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answered on Apr 7, 2025

Yes, it is illegal for someone to threaten your life in Florida. Threatening another person's life is considered a crime under Florida law. It can be classified as aggravated assault, which involves making a threat with the intent to cause fear of imminent harm. This type of threat can carry... View More

1 Answer | Asked in Landlord - Tenant and Animal / Dog Law for Florida on
Q: Charged cleaning fee for dog in rental unit, no prior rule notice.

I've been renting a lot at this park for over 20 years, and I've rented different units multiple times. Recently, I've been charged a cleaning fee because I had a dog in my rental unit. According to the staff, the area needs to be fumigated since the park rules say "no... View More

James L. Arrasmith
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answered on Apr 13, 2025

It sounds like the situation is frustrating, especially since you were not informed about the park's "no dogs" rule. Since you’ve been renting there for over 20 years, it’s possible the park’s policies changed, and you may not have been made aware of the new rule. Before moving... View More

3 Answers | Asked in Animal / Dog Law and Civil Litigation for Florida on
Q: What to do if sued for dog bite but don't own a dog?

I received a notice of suit for a dog bite incident on a specified date. However, I do not own a dog and have no previous incidents or complaints involving a dog. The notice included details about the date and location of the alleged incident, but there is no possibility that the dog is associated... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 9, 2025

First, when you are served with a summons and complaint, you are required to file, within 20 days, either a response to the complaint (which can be an answer with defenses, a motion to dismiss, or motion for more definite statement) or a motion for extension of time to respond to the complaint.... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Business Law for Florida on
Q: Am I liable if HOA enters my condo and a dog bites them?

I own a condo in Florida, and the HOA requires a key on file for emergency access. I have two dogs, and I'm concerned about liability if the HOA enters while I'm away and is attacked or bitten by one of the dogs. The bylaws require the key, but do not specify liability for pet-related... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

Under Florida law, you may be liable if your dog bites a member of the HOA who enters your condo, provided that the person is lawfully on your property. According to § 767.04. Dog owner’s liability for damages to persons bitten., the owner of a dog is liable for damages if the dog bites any... View More

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1 Answer | Asked in Estate Planning, Probate and Animal / Dog Law for Florida on
Q: What are my legal options with a signed will for a dog and home?

I've recently lost a friend who left me a small will a few years ago, bequeathing his dog and home to me. The will is signed and dated by him, as well as by a witness, but it is not notarized. I don't believe he has any immediate relatives, and I am not aware of any other formal wills. I... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 24, 2025

I am very sorry for your loss of your friend, please accept my condolences. You will need to have a probate attorney look at the Will in order to determine if it is valid and enforceable, generally it will need to have two witnesses and the signature of the testator (the deceased). The property... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Florida on
Q: What are the legal implications if my dog bites someone despite warnings in Florida?

In Florida, my dog, who has a history of aggression, bit someone in a public area. The dog was on a leash and had a "do not touch" sign on the harness. I explicitly warned the person not to touch the dog, but they ignored my warning and were bitten, requiring medical attention. No... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 22, 2025

In the state of Florida, a dog owner is automatically liable for any damages that the dog caused to a third-party. If you own or rent property, your renters or homeowners insurance may provide a legal defense to any claim that is brought against you by the injured plaintiff. While a warning sign is... View More

2 Answers | Asked in Animal / Dog Law, Civil Litigation and Personal Injury for Florida on
Q: Can I sue for dogs killing my cat on my property?

Someone's dogs entered my property and killed my cat. We haven't found all our cats yet. The dog's owners were aware their pets were loose. We have not filed a report yet, but my mother heard the incident, and our neighbors have surveillance cameras that likely captured the event. We... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2025

Yes, for the fair market value of the deceased cat and any vet bills incurred due to the incident. Unless the cat is some kind of high-priced purebred, the FMV won't be much. Perhaps a monetary demand to the owner will result in amicable resolution, so that you won't need to sue.... View More

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2 Answers | Asked in Animal / Dog Law and Gov & Administrative Law for Florida on
Q: Is it lawful for counties in Florida to impose licensing and yearly vaccinations for dogs but not for chickens or livestock?

I recently received a letter from my county stating that my dog license has expired and outlining a $75.00 annual fee because my dog is not spayed, even though I do not breed her. Additionally, the county requires yearly vaccinations and licensing since my vet reported the initial rabies... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 21, 2025

These would be policy decisions by your County Commission and are lawful unless it can be shown they would violate the State and/or Federal Constitutions (and a Court would agree with that argument). If there were to be any constitutional argument (and I'm not saying there is), litigation... View More

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2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: In Florida are landlords Liable for dog bites if they rent to someone with a dangerous breed dog(pitbulls etc.)?

I own a house that i rent in Miami dade florida.My tenant wants to get a dog. The dog is an aggresive breed (pit bull or dogo argentinian).Am I liable in case of a dog bite just because I allowed an aggresive breed or do i have to be aware that the dog acts aggresively regardless of breed in order... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2025

In Florida, a landlord is liable for any injuries that a third-party suffers due to a tenants dog attack. The third-party could pursue a claim against the landlord based on a theory of negligence, if the landlord knew or should’ve known that the dog had violent propensities. You should also call... View More

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1 Answer | Asked in Real Estate Law and Animal / Dog Law for Florida on
Q: We live in a 55+, gated community, which contains 2 separate communities. (2 different HOA's plus 1 common area HOA)

One community has declared that the other community is not allowed to walk their pets in their community. We all share a common road that provides ingress and egress to the entire development.

Is each community considered private or public land? If public, can such a restriction be enforced?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2025

An attorney would need to read the Declaration of Covenants, Conditions, Easements and Restrictions to determine if the HOA is overstepping its authority. HOAs generally have the ability to adopt reasonable rules and regulations as well as long as the rule has a legitimate business need. It may... View More

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Florida on
Q: Do emotional support animals count towards a pet count in an HOA neighborhood?

Hi, i am looking to purchase a property in an HOA with a bylaw of 2 pets. I have an Emotional Support Animal, up to date on vaccines and documented. I also have two other dogs who are up to date on vaccines. Is the ESA exempt from the count per the FHA?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 10, 2024

Yes, they do count towards the pet limitations.

1 Answer | Asked in Animal / Dog Law for Florida on
Q: Hi, my name is Jacqualine and the vet sedated my dog without my permission during euthinazion. It haunts me no good bye.

My dog was scared and alone with him for his last face he seen. I cant seem to rest easy anymore. Can i do something about this. My boy did not see my face last and me telling him how much i love him and both of us being comforted by each other during such a horrible time. Im so mad at myself for... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2024

As a dog parent myself, I am so sorry to hear about that. Sedation is a necessary part of euthanization, but if you're wondering if you can successfully sue the vet for money damages for your emotional distress caused by the vet rendering your dog unconscious while you were out of the room... View More

2 Answers | Asked in Animal / Dog Law for Florida on
Q: Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One pe

Someone stole my dog. I put up posters around the neighborhood offering a reward to anyone who returned it to me. One person called me because they have my dog. They sent me real photos of the dog taken at the time of the conversation. They asked me for the reward before handing over the dog. When... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2024

Maybe they stole the dog, maybe not. But if they are not communicating with you because they want a "reward", they may be guilty of something.

Did they call you and send pictures of the dog by a cell phone? If so, you or the police can probably trace the call and identify them...
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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Florida on
Q: My dog was shot and killed in front of me by off duty animal control officer

I want Justice for my dog he was my whole world

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Nov 22, 2024

I am sorry to learn of this very sad incident.

You might try contacting the following attorney whose website states they defend dangerous dog cases and represents families whose dog has been unlawfully shot by the police

Steven M. Logan, Esq.

500 S Australian Ave #600...
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1 Answer | Asked in Animal / Dog Law for Florida on
Q: Is a condo that accepts emotional support animals required to provide an area on premises to relieve themselves?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2024

No. That would be the responsibility of the owner of the animal.

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