Animal Neglect and Abandonment
Confining an animal without required food, water, exercise, or air; or abandoning an animal under the statutory circumstances.
Florida Statute
§ 828.13
Confinement of animals without sufficient food, water, or exercise; abandonment of animals
Verified against the 2026 Florida Statutes: September 14, 2026
Quick Summary
Most neglect and abandonment tracks are first-degree misdemeanors. Abandoning a dog after restraining it outside during a natural disaster is a third-degree felony.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Confinement, Neglect, or Abandonment
F.S. § 828.13(2)-(3)
Statutory confinement and abandonment conduct under subsections (2) and (3).
Restrained Dog Abandoned During Natural Disaster
F.S. § 828.13(4)
Restraining a dog outside during a natural disaster and thereafter abandoning the dog.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant committed one of the statutory confinement, neglect, or abandonment acts.
Plain language: The defendant failed to provide required care or abandoned the animal in a prohibited way.
Jury Instructions
Jury Instructions
Instruction 32.9
Restrain and Abandon a Dog During a Natural Disaster
Covers the felony track under F.S. § 828.13(4).
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 32.10
Confinement or Abandonment of an Animal
Covers the alternative confinement and neglect tracks under F.S. § 828.13(2).
View Official InstructionVerified against the official instruction source: September 14, 2026
Instruction 32.11
Abandonment of an Animal
Covers the ownership or custody and abandonment elements under F.S. § 828.13(3).
View Official InstructionImportant Definitions
Important Definitions
Abandon
To forsake an animal entirely or neglect or refuse the owner's legal obligations for the animal's care and support.
Additional Notes
Additional Notes
Classification
Confinement and ordinary abandonment tracks are first-degree misdemeanors. A person who restrains a dog outside during a natural disaster and then abandons it commits a third-degree felony.
Hot-Vehicle Rescue and Civil Immunity
See Animal Cruelty in Crimes Against Animals for vehicle-rescue steps and § 768.139 civil immunity for vehicle damage. A hot-car incident may support § 828.13(2)(a)–(b) only when the particular confinement/neglect elements are met. Evaluate § 828.13(3) abandonment separately; temporary owner absence alone is insufficient. Verified October 13, 2026: https://www.flsenate.gov/Laws/Statutes/2026/828.13