Florida Animal Law

FWC institues provisional ban of fox & coyote penning

2010-02-25T07:35:00.001-05:00

The Florida Fish and Wildlife Commission (FWC) voted last week to prohibit the practice of fox and coyote penning at least until it reconsiders the issue in June. FWC Chairman Rodney Barreto said he leaned toward an outright ban of the practice, stating "I'm not sure I'll support the draft rules when they come back," Barreto said. "I don't see any sport in the animals' having no escape. I personally don't agree with the practice." The Humane Society of the United states welcomed the decision to crack down on the cruel practice:

"We thank Fish and Wildlife Conservation Commission Chairman Rodney Barreto and the commissioners for their leadership on fox and coyote penning," said Jennifer Hobgood, Florida state director for The HSUS. "Controlling these facilities has long proved next to impossible — escape isn't the point of the game. We urge the commission to enact a complete ban when it revisits the issue in June."

President of HSUS Wayne Pacelle also addressed the issue in a post at his blog, noting that one man who spoke to the commissioners drove more than 300 miles just to tell the commission that he was a Florida citizen and would not tolerate cruel fox pens.

Calls to end fox and coyote penning to be heard tomorrow

2010-02-16T07:26:00.002-05:00

An article in yesterday's Tallahassee Democrat describes the horrific practice of fox and coyote penning and the reasons that it should be abolished in the state of Florida. The Humane Society of the United States has described the practice where trapped foxes and coyotes are released into fenced pens where there is no escape where they can be ripped apart by dogs in staged competitions. Transportation of these animals can also spread disease and parasites, such as rabies, distemper and tapeworms. Aside from the disease risk, the pens amount to little more than a circumvention of animal fighting laws. A family that lived next to one of the pens started the website Training Not Torture that describes in detail the cruelty they witnessed.

Just this past November, the Florida Fish and Wildlife Conservation Commission ("FWC") arrested 12 individuals for purchasing and possessing live foxes and coyotes for use in pens. Now, FWC is considering how to deal with the pens and has scheduled a meeting for input from the public on Wednesday, February 17th at 8:30 at the Franklin County Courthouse in Apalachicola, Florida. The fox pen issue may be heard starting around 10:00, but those who are interested in attending our encouraged to arrive early and let the FWC know that the practice should be banned outright. Information about the meeting:

What: FWC Meeting
Where: Franklin County Courthouse, 3rd Floor Courtroom, 33 Market Street, Apalachicola, FL 32320
When: Wednesday, February 17, 2010, 8:30 AM

In addition to attending the meeting, HSUS is encouraging individuals to contact their state representative and senators to request that they ask FWC to ban the pens. You can also call the FWC commissioners' line and express your opposition, asking that they please ban fox and coyote pens: (850) 488-4676.

For additional information, please contact Jen Hobgood, Florida State Director, The Humane Society of the United States. jhobgood@humanesociety.org or (850) 386-3435.

Florida Coastal students win national animal law moot court competition

2010-02-11T22:24:00.002-05:00

Congratulations to Angelina Zon and Joseph Grant from Florida Coastal School of Law on winning the 2010 National Animal Law Competitions at Harvard Law School last weekend. From the Florida Coastal Law School's website:

A Coastal Law team won the National Animal Law Moot Court Competition held this weekend at the Harvard Law School. The brief writers/oralists were Joseph Grant and Angelina (Angie) Zon. Avery Sander was the Team Manager and Adjunct Professor Nick Martino coached the team. In winning the championship the Florida Coastal team out-paced over twenty teams from law schools such as Harvard, the University of Washington, Lewis & Clark, South Texas, Louisville, Michigan State and Pace. In addition to winning the championship, the Florida Coastal team also placed second for the Best Brief Award. The President of Florida Coastal's Animal Law Society, Julie Hodges, was instrumental in supporting the team.

Read more about the competition here and here.

Florida wildlife watching brings in $3 billion a year

2010-02-02T07:35:00.000-05:00

Tampa Bay Online reports that more people travel to Florida to watch wildlife than any other state. The visitors bring in more than $3 billion to the state and support 19,000 retail jobs. Furthermore, one in six Floridians participate in some form of wildlife watching.

Humane Scorecard 2009

2010-01-29T07:51:00.001-05:00

The Humane Society Legislative Fund has released its 2009 Humane Scorecard. The Scorecard ranks members of Congress on their support or votes on important animal legislation. Only Senator Nelson was ranked given the changeover between Senator Martinez and Senator Lemieux. Nelson ranked a disappointing 33%. On house side, Representative Wasserman-Schultz was the only house member to rank a perfect 100%, although representative Klein and former representative Wexler came in at 92% with no anti-animal positions. Representative Miller ranked the lowest with a 0% and 8 anti-animal positions.

The HSLF blog posted some additional facts about the scorecard here and encourages people to communicate with their legislators about the scores.

2nd Annual Florida Week for the Animals Febraury 6-14, 2010

2010-01-27T22:23:00.000-05:00

The second annual Florida Week for the Animals is slated for February 6 - 14, 2010 and there are a number of events scheduled around the state. Check out the calendar of events here.

Banning the importation of pythons

2010-01-26T07:30:00.000-05:00

The Sun Sentinel has an opinion article on the need to ban importation of the Burmese python. Water management workers in South Florida captured 25 this month alone. The U.S. Fish and Wildlife Service is proposing rules that would ban the importation of the Burmese python along with 8 other large snakes that endanger the Everglades. From the article:

The Pet Industry Joint Advisory Council opposes the proposed ban, claiming dealers and pet owners can regulate themselves. If that were true, you wouldn't have an estimated 100,000 snakes in the wild, nor would there be any need for the highly publicized hunts that make for photo ops but don't really solve the problem.

These snakes should never be allowed into the country in the first place. The only acceptable place to see one of these huge snakes is the zoo.

Read more about the proposed ban here from the Irrawaddy, covering Burma and South East Asia.

Ending Rattlesnake Roundups

2010-01-25T07:22:00.001-05:00

The Tallahassee Democrat reports on the need to end rattlesnake roundups. The "roundups" are annual rituals that involves pumping gas fumes into gopher tortoise burrows and collecting the eastern diamond back rattlesnakes that flee the fumes. The article notes that the roundups are both unnecessary and inhumane. In addition to harming and killing the snakes that are collected, the gas makes the burrows uninhabitable for years and adversely impacts threatened species such as gopher tortoises and indigo snakes. Gassing the snakes is also illegal, according to a Georgia official quoted in the article. At one point, there were twenty-three roundups, but only three still exist. One of the former roundups in San Antonio, Florida, has changed to a festival supporting education and appreciation for the snakes. Two of the three remaining roundups are in Whigham and Claxton, Georgia. The article ends with the request that people stop attending:

The Whigham roundup will be held Saturday. The Claxton roundup is planned for March 13 and 14. If we don't attend, organizers will get the message that it's time to support another type of event that encourages conservation and preservation, rather than the wholesale slaughter of wildlife and the destruction of their habitats.

For more details, read "Effects of Rattlesnake Roundups on the Eastern Diamondback Rattlesnake," Feb. 2009, by D. Bruce Means, at http://www.herpconbio.org/Volume_4/Issue_2/Means_2009.pdf.

Picture Source.

Thanks for visiting!

2010-01-16T11:23:00.000-05:00

Despite the absence of any new posts for the last month, sitemeter reports that there are still 100+ visits per day and there were more than 6000 page views last month. The counter has also gone over 200,000 visits since we started. One of the new year's resolutions I intend to keep is updating the blog with the many developments in animal law. Stay tuned....

Technology Aims to Replace Animal Testing

2010-01-16T11:12:00.000-05:00

U.S News and World Report has an interesting article about a new test designed to replace tests tests on mice and guinea pigs used to predict skin reactions from drugs and cosmetics. The new test from the Hurel company uses human skin cells to simulate the body's allergic response to foreign chemicals. According to the article the technology could eliminate the need for tens of thousands of test animals each year and could shave $100 million off the roughly $1 billion cost of developing a new drug.

Take FWC's survey on captive wildlife rules

2009-11-25T07:36:00.000-05:00

The Florida Fish and Wildlife Conservation Commission is extending the deadline for the public to respond to its rule development survey on changes to the rules on captive wildlife, according to a press release at the agency's website. FWC is considering new requirements for the various classes of captive wildlife (Class I, II, and III) and licensing requirements for people selling or exhibiting Class III wildlife. Class I wildlife include gorillas, chimpanzees, lions, leopards, tigers and bears. Class II wildlife include several species of small monkeys, small cats, coyotes and wolves. Class I and II wildlife are potentially dangerous to people. A link to the survey is available here. The deadline has been extended to December 7, 2009, apparently because of a "limited response from the public." I'd encourage anyone concerned with captive wildlife to take the survey.

Pirahna found in Palm Beach pond

2009-11-18T08:02:00.002-05:00

Wildlife officials applied poison to a Palm Springs pond after pirahna were discovered, according to the Sun-Sentinel. Officials suspect that the pirahna were pets that someone released into the pond. The Florida Fish and Wildlife Conservation Commission issued a press release stressing that pirahna are completely prohibited in the state and no one is allowed to legally possess the species in the state. From the press release:

"People may move here from another state with their pet piranha only to find out their possession is illegal in Florida. Other times, someone might have purchased one illegally. For whatever reason - maybe they're moving or just don't want them anymore," [Paul Shafland, exotic fish biologist with the FWC] said. "Then they think the best thing to do is to release them in a nearby pond, but they couldn't be more wrong. In fact, that's the very worst thing they could do. Piranha in a freshwater pond could feed on native freshwater species, such as bream and largemouth bass."

Possession of piranha in Florida is punishable by a maximum $1,000 fine and a year in jail. Releasing any prohibited species, such as piranha, into the wild in Florida is a first-degree misdemeanor, also punishable by a $1,000 fine and a year in jail. In fact, releasing any nonnative species into the wild is a crime.

Anyone who has a piranha or knows someone who does should call the local FWC regional office and turn it in, without fear of repercussions. Otherwise the piranha owner runs the risk of being caught and punished.

. . .

If you suspect a wildlife law violation, report it to the Wildlife Alert Hotline at 888-404 FWCC (3922). If your information results in an arrest, you may be eligible for a reward of up to $1,000. To learn more about the FWC's Wildlife Alert program or to report a violation online, visit MyFWC.com/Violation.

Picture source here.

Brevard County decision on Animal Services Director Delayed

2009-11-18T07:46:00.000-05:00

Florida Today reports that Brevard County has delayed its selection of a new director for the animal services and enforcement department after questions were raised about one of the finalists. Brevard has been without a permanent director since February of this year.

Estate & Charitable Planning for Animals Seminar by Tampa Bay SPCA

2009-10-10T09:39:00.004-04:00

The Tampa Bay SPCA is offering free CLE credits for a presentation on estate planning on October 29, 2009. Animal law attorney Jennifer Dietz will be one of the presenters. Details below:

REGISTER NOW!! FREE CE credits
2+ hours of CLE, CFP, CTFA, CPE, CLU
for professional advisors

Thursday
October 29, 2009
1:45PM - 5:00PM
SPCA Tampa Bay
9099 130th Avenue N. in Largo

Arrive at 12:30PM for Share Our Shelter "We’ve Got Great Tails to Tell" Lunch & Tour

RSVP for Share Our Shelter required at time of registration
~
REGISTER: Gretchen@spcatampabay.org Or call: Gretchen Gallagher: 727-581-3249
To invite a colleague, email contact information to: GiftPlanning@spcatampabay.org

Hosted by:
Professional Advisors Committee ~ PAC of SPCA Tampa Bay

FREE Continuing Education Credits for Professional Advisors

2+ hours of CLE, CFP, CTFA, CPE, CLU ~ Continuing Education Credit Available
Hosted by PAC of SPCA Tampa Bay Members:
John Calhoon, CPA; Becky deMaCarty, CTFA, AEP; Jeff Fox, CPA, Principal, Fox & Assoc. CPA; Tim Miller, Esquire; Tim Peddie, President, Symmetra Marketing; and Mark Vernick, CFP, President, Vernick Financial

“Practical Estate & Charitable Planning"
Legal and Financial Plans to Help Your Clients: Reduce Taxes, Generate Revenue, Establish a Legacy and Plan for Pets”

News Roundup

2009-09-09T07:55:00.000-04:00

More than 1,200 horses killed at racetracks in 2008 (Animal Crazy).
Humane-slaughtering spearheads China's drive to promote animal welfare (Chinaview/Xinhua).
Arrest made in case of puppy locked in closet (WESH).
NRA lobbyist shoots down rival birds (Bizarre Florida).
Suit wants ribbon seals placed on the endangered species list (Animal Crazy).
Senator Constantine: Only 10% of exotic pet owners obey the law (Sun Sentinel).
Two Fort Pierce brothers charged with animal cruelty (WPTV).
Miramar man arrested in horse cruelty case (Sun Sentinel).
Moths as good as mice for many drug studies (Reuters).
RSPCA collects 68,000 signatures to end animal testing (Critter News).

ALDF Blog: The Correlation Between Climate Change and the Meat Industry

2009-09-08T06:00:00.016-04:00

A post at the Animal Legal Defense Fund's Blog features the video of Jeremy Rikin's keynote speech from at the 2007 Future of Animal Law Conference. If you haven't seen it yet, he focuses on the connections between climate change and the meat industry and it is well-worth watching.

Starving and dead cows reported in Manatee County

2009-09-02T23:48:00.012-04:00

The Herald Tribune reports that officials found six dead cows and more than 70 malnourished cows at a ranch in Myakka City. Officials are considering charges of animal neglect and cruelty. The cows were discovered by Kim Reichard and his wife who saw the dead and emaciated cattle and could not ignore them:

"My wife was crying, and I was about to," Reichard said. "It was just so sad to see. We had to do something."

432 animals discovered at home in Citra, Florida

2009-09-02T23:44:00.003-04:00

Authorities removed 432 animals from a Citra home last week, including more than hundreds of birds, 37 dogs, 2 cats, 23 goats and sheep, snakes and gopher tortoises. The animals were kept inside a house and outside on a half-acre lot. The video clip at the Ocala.com website implies that a hazardous materials team came in because of air quality conditions inside the house.

H/T to www.petabuse.com.

Update: The Sun-Sentinel describes some of the conditions of the animals as being "kept in crates and pens, surrounded by feces. They were covered in fleas, their fur matted with animal waste." Read the article here.

Training Law Enforcement to Spot Dogfighting

2009-09-02T23:29:00.000-04:00

The Animal Legal Defense Fund is sending attorney Dana Campbell to provide training to the Daytona Beach Police Department on how to spot dogfighting operations. The training is being held September 14th and is offered through ALDF's Criminal Justice Program. The News-Journal reports that the training also follows several high-profile dogfighting cases, including one initiated by a Volusia County Sheriff's Office drug bust where officer's discovered 32 pit bulls.

3 animal groups sue trustees of Helmsley estate

2009-08-12T07:28:00.004-04:00

The Humane Society of the United States, the ASPCA, and Maddie's Fund have sued the to intervene in the $5 billion estate of Leona Helmsley. According to the press release from HSUS, the suit asserts that the trustees have been misdirecting funds from the estate that Helmsley intended to go to help dogs and that the trustees have ignored her estate planning instructions. It is also described "as the most significant financial litigation in animal welfare history."

The President of Maddie's Fund, Rich Avanzino, points out that "even a small fraction of this money makes it possible to virtually empty all animal shelters in America of dogs without homes."

CNN reports on string of horse killings

2009-08-11T07:22:00.002-04:00

CNN has a report on the killing of horses that is occurring in South Florida. The article references the butchering of 19 horses, including a sad case of a horse named Geronimo. The article also notes that this number may be undereported because some victims may not want to involve law enforcement. According to the article, there is a black market for horse meat in South Florida. An officer with the SPCA notes that there are several factors driving the market, the most bizarre being that "people may be interested in horse meat because of a false belief that it will cure medical ailments such as AIDS or ease the side effects of chemotherapy."

Man accused of having sex with his dog

2009-08-07T07:36:00.003-04:00

The Orlando Sentinel reports on the arrest of a man who is accused of having sex with a Whippet-mix named Silvy. According to the article, the dog's injuries were so severe she had to be euthanized. The article also notes that the man is being charged with animal abuse, presumably because of the severity of the dog's injuries, but stories like these point out the need for Florida to finally pass a law prohibiting bestiality. A bill has been brought up during the past two legislative sessions, but lawmakers have failed to pass it. (See post here from the 2008 session).

Articles on United States v. Stevens

2009-08-07T07:16:00.002-04:00

The How Appealing Blog links to two articles on the United States v. Stevens case, which is pending in the U.S. Supreme Court. (See previous posts on the case here). The first article in available at the First Amendment Center's website and is entitled "History of animal cruelty law at issue in Stevens poses incongruity." The second article by Professor Sherry Colb is posted at FindLaw and deals with the genesis of the law on depictions of animal cruelty and the implication for other animal suffering. It's definitely worth checking out.

The serious side of Mr. Clucky

2009-08-03T22:00:00.009-04:00

The Miami Herald reports on the ongoing saga of Mr. Clucky, the rooster from Miami Beach, and his fight against city hall. Mr. Clucky and a guinea hen named Wallflower are being kept by Mark Buckley, a vegetarian of 39 years, in his first floor condo. The Miami code enforcement office is arguing that Buckley is illegally keeping "poultry" under the Miami Beach Code. Specifically, section 10-15 of the code reads:

It shall be prohibited for any person to keep, stable, harbor or maintain any horse, poultry, livestock or farm animals in any district, provided, however, that nothing herein contained shall be construed so as to prohibit the keeping, stabling, harboring or maintaining of any horse, poultry, livestock or farm animals in such districts for public events such as circuses, shows and similar events, or in any special cases, for temporary periods of time, as approved by the city manager or his/her designee, in writing, in advance of such events.

From the language used in the code, it seems relatively straightforward that the code was designed to prevent people from keeping animals used as food. The code does not define the term "poultry", but a definition can be found in Chapter 583, Florida Statutes, which deals with the classification and sale of eggs and poultry for food. In particular, section 583.01(19), Florida Statutes, defines "poultry" as "all kinds of poultry and includes chickens, turkeys, ducks, guineas, geese, pigeons raised as domesticated food birds, quail, and other domesticated food birds." Moreover, where the term is used in the Chapter it is always used to refer to meat or birds that will be used as meat. Similarly, most dictionary definitions for poultry also qualify the birds described to those used for food or eggs. Check out excerpts from the hearing at this link:

Buckley's assertion at the hearing relied on definitions of poultry in asserting that both Mr. Clucky and Wallflower are not being raised for food (he is a vegetarian after all) and that they are both domesticated pets. If you check out Mr. Clucky's website here and the pictures of him riding around town on Buckley's handlebars, it's hard to disagree.

Despite this relatively compelling argument, the special master ruled against Buckley in the latest hearing and determined that both birds were poultry in violation of the code. The master urged Buckley to ask the City Commission to grant an exception to the current code.

The legal argument is an interesting one. The code drafters were concerned with people raising livestock inside the city. More importantly, Mr. Clucky's story lays bare the artificial nature that the law draws between food and companion animals. When it comes to companionship, Mr. Clucky looks no different than a parrot, dog, or cat.

GPSOLO Issue on Animal Law

2009-08-03T07:15:00.003-04:00

The American Bar Association's General Practice,Solo, and Small Firm Division's July/August magazine focuses exclusively on animal law. There are a number of articles on a wide variety of issues including estate planning issues, pit-bull bans, animal cruelty, and agricultural animals.