Introduction
Dog ownership laws in Florida are governed by both state and local regulations. The main state laws dealing with dog ownership are found in Florida Statute 767 which covers damage by dogs, and Florida Statute 828 which covers animal cruelty laws. At the local level, many cities and counties in Florida have additional ordinances regulating issues like leash requirements, barking dogs, dangerous dogs, and licensing. Overall, Florida dog owners have responsibilities to properly care for, train and control their pets. However, determining legal ownership and liability for dogs can become complicated in situations involving disputes, bites, injuries, lost pets or custody agreements.
Legal Definition of a Dog Owner
In Florida, dogs are considered personal property under the law. This means that dogs are treated similarly to other possessions that can be owned, like cars or furniture. According to Florida statute 767.11, a dog’s owner is the person who keeps or harbors the dog or has it in their care. There does not need to be any formal registration or paperwork showing ownership of a dog for someone to be considered its legal owner under Florida law.
Simply housing, feeding, and caring for a dog is enough to establish legal ownership, even if the dog is not registered or microchipped. As stated by Brickell Legal, “In the state of Florida, pets are considered personal property. They should belong to someone and are the responsibility of that owner.” Therefore, the person providing food, shelter, veterinary care, and day-to-day care for a dog would be considered its legal owner in Florida.
However, disputes over dog ownership sometimes arise, such as after a breakup when a couple can’t agree on who should keep the dog. In these scenarios, courts will look at factors like who initially purchased the dog, who paid for its expenses like food and medical care, and who the dog lived with most of the time. But generally, whoever cares for and houses the dog will be deemed its legal owner.
Proof of Ownership
There are several documents that can serve as proof of dog ownership in Florida, though none are definitive on their own. Some common forms of proof include veterinary records, registration papers, and microchip registrations. As noted by First Street Pets, “Registration documents can help to establish ownership but, like microchips, aren’t definitive legal proof.” https://firststreetpets.com/how-to-prove-pet-ownership/
Veterinary records that show a history of paying for care, vaccinations, medications, and so on can demonstrate proof of ownership. Having an animal microchipped and registered to yourself also links the dog to you as the owner. Registration papers through kennel clubs like the AKC are another form of proof, though these are not definitive. The more types of documentation available, the stronger a case for legal ownership. However, disputes may still require going through legal proceedings to determine rightful ownership.
Abandoned Dogs
In Florida, a dog is considered abandoned if the owner forsakes the animal entirely or neglects or refuses to provide care and support as required by law. This is defined in section 828.13 of the Florida statutes. [1]
There is a process for declaring a dog legally abandoned in Florida. If a dog is placed in the custody of a licensed veterinarian or boarding kennel and the owner does not pick up the animal within 10 days after receiving notice, the dog can be considered abandoned. At that point, the licensed veterinarian or kennel operator can deliver the dog to the local animal control authority. If the licensed veterinarian or kennel operator chooses to keep the dog, they become the lawful owner as long as they comply with all legal requirements. [2]
Stray Dogs
Stray dogs are those that roam freely in public places and have no owner. They likely have once belonged to someone but became lost or were abandoned. Stray dogs should not be confused with feral dogs, which are unsocialized to humans and avoid contact with people.
There are some key differences between stray dogs and abandoned dogs:
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Abandoned dogs were previously owned but were intentionally and permanently discarded or deserted by their owner. Stray dogs may still have an owner who would reclaim them if found.
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Stray dogs wander public areas out of no fault of an owner, while abandoned dogs were intentionally left by their owner.
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Stray dogs exhibit signs they once lived in a home, such as a collar, while abandoned dogs often show signs of neglect or abuse.
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Animal shelters are required to hold stray dogs for a period of time to allow the owner to reclaim them. Abandoned dogs immediately become the property of the shelter upon intake.
While stray dogs may still have a chance of being reunited with an owner, abandoned dogs require a new owner to step up and provide them a home.
Disputes Over Ownership
In Florida, pets are considered personal property under the law. This means that disputes over pet ownership are handled through civil court procedures, similar to other property disputes. If two parties both claim ownership of a dog, they can file lawsuits against each other to assert their claims.
According to the law firm Beller Law Office, “While Florida law views pets as marital property, allowing the court to decide which spouse will take the pet is not your only option. Negotiating a shared pet custody agreement is another alternative for pet owners going through divorce.” https://bellerlawoffice.com/blog/florida-divorce-gets-pets/
In divorce cases involving pet custody disputes, courts will consider factors like who primarily cared for the pet, paid for food/vet bills, and spent the most time with the animal. Joint custody agreements are also an option if both parties are fit and want shared time with the pet. Mediation can help negotiate custody schedules. Overall, the court’s goal is reaching an agreement that is in the best interest of the animal.
For other civil disputes over dog ownership between relatives, friends, neighbors etc., the court may examine evidence like veterinary records, microchip registration, adoption contracts, receipts for food/supplies, and witness testimony to help determine rightful ownership.
Joint Custody
Joint custody is possible when dealing with pet custody in Florida and can be similar to arrangements made for child custody. With joint custody, both parties share responsibilities and time with the pet. According to Sasser Law (Determining Pet Custody in a Florida Divorce), this may involve splitting vet bills, pet supplies, and alternating weeks or months with the pet. The court will aim to determine a schedule that is in the best interest of the pet while being fair to both owners. Joint custody acknowledges the attachment and bond both parties likely have with the pet.
Joint custody can work if parties are able to cooperate and focus on the pet’s well-being. However, joint custody may not be recommended in high conflict situations. The court will consider factors like which owner has been the primary caregiver and whether the pet has bonded more with one owner when determining if joint custody is feasible.
Change of Ownership
To legally transfer ownership of a dog in Florida, the current owner and new owner must complete and sign a transfer of ownership form.
According to Miami-Dade County’s website Dog or Cat Tag Transfer, both the current and new owner must appear in person at the license and tag issuing office to transfer ownership. They will need to provide a completed transfer of ownership form, which can be found on sites like the Broward County website.
The form requires information about the pet like name, breed, microchip number. It also requires owner contact information and signatures to confirm the transfer. There may be a small transfer fee required.
Transferring ownership legally updates the pet’s licensing and ensures the new owner can provide proof of ownership. It also keeps pet registration information like rabies vaccinations up to date.
Owner Responsibilities
Florida law places certain responsibilities on dog owners to properly care for their pets and prevent them from harming others. Some key owner responsibilities under Florida law include:
– Proper Care – Owners must provide their dogs with adequate food, water, shelter, exercise and veterinary care. Failure to do so may constitute animal cruelty under Florida statute 828.12.
– Licensing – Most counties and cities in Florida require dog owners to license their pets each year. Licensing helps ensure pets are properly vaccinated against rabies and can be identified if lost. Fees and penalties apply for failure to license a dog.
– Leash Laws – Florida law requires dogs to be under their owner’s control when off the owner’s property. Many localities have leash laws requiring dogs to be leashed when in public areas. Violations can result in fines.
– Dangerous Dogs – Owners of dogs deemed “dangerous” may have to follow special rules like muzzling their dog in public or carrying increased liability insurance. Failure to comply can lead to the dog being taken away or euthanized.
– Rabies Vaccination – All dogs over 4 months old must be vaccinated against rabies under Florida statute 828.30. Owners who do not vaccinate their dogs may face fines or other penalties.
Conclusion
In summary, determining dog ownership in Florida involves several important factors. Legal ownership can be established through proof of purchase, veterinary records, microchip registration, licensing and rabies vaccination documents. Owners have clear responsibilities for the care and welfare of their pets. Abandoned dogs may be legally claimed by new owners after a waiting period. Stray dogs go through a different process for adoption. Joint custody arrangements are possible but should have clear terms. Ownership disputes are resolved through reviews of documentation as well as microchip information. Overall, Florida aims to ensure dogs have responsible owners who provide for their wellbeing.