Animal law in Florida: here and now.

AuthorDeMeo, Ralph A.

The Florida Bar Animal Law Committee (ALC) is pleased to present this special issue of The Florida Bar Journal. While the Journal is no stranger to the subject and has published a number of articles in recent years, (1) the growth in awareness of and interest in animal law from attorneys, law students, law schools, and the public has increased exponentially in recent years. Of course, the first question that is often asked by those who are unfamiliar with the ALC and animal law is "what is animal law?" The simplest definition that covers the breadth of the field is that animal law encompasses all legal matters involving nonhuman animals. Perhaps the more interesting question to ask is what sorts of issues fall under the umbrella of animal law. While the casual observer may think that animal law is limited to companion animals, there are specialized statutes, rules, and case law that apply not only to companion animals, but also animals used for food, animals used in research and entertainment, and wildlife. In fact, animal law is composed of a variety of substantive legal areas and touches upon almost every area of law. These include state and local regulations, dangerous dogs, domestic relations, landlord/tenant, condominium associations, international and historic animal protection laws, animal cruelty, pet trusts, entertainment and sports law, equine law, agricultural law, health law, and criminal law, among others. When one stops and thinks of the number of ways in which animals and humans interact, and how the law governs those interactions, the scope of the field is astounding.

Despite its wide expanse, the recognition of animal law as its own field of study does not have a long history. (2) Groups like the ALC are a relatively new phenomenon. Here in Florida, it was just 10 years ago that a group of attorneys approached The Florida Bar with a proposal to create a committee dedicated to animal law. At the time, this fledgling area of practice was not well-known and the proposal faced some skepticism. It is noteworthy that in creating the ALC, Florida became one of the first states in the country to show a commitment to the study and dissemination of animal law. (3)

Prior to being considered its own area of the law, animal law was often treated as a subset of some other area of law. In fact, all traditional areas of law have some crossover with animal law. Environmental and land use attorneys frequently encounter legal issues involving wildlife and habitat. Family law attorneys are becoming increasingly familiar with issues involving custody disputes over family pets and the links between domestic violence against human and nonhuman animals. Criminal law attorneys prosecute and defend individuals charged with animal cruelty and neglect. Estates and trusts attorneys help clients prepare for the care and maintenance of pets after the clients are gone. Agricultural and equine lawyers provide advice to Florida's animal-related industries. And administrative lawyers help administer and enforce regulations regarding food animals, veterinary medicine, wildlife protection, hunting, fishing, protection from zoonotic illnesses, and entertainment animals, just to name a few.

Unsurprisingly, many legal issues can be traced to the large amount of economic activity generated by human and animal interactions. Most people have heard reports on the amount of money Americans spend on the care and maintenance of their companion animals, but this spending is just the tip of the iceberg when it comes to the impact that animals have on our economy. Here in Florida, the amount of economic activity involving animals is staggering. The Florida Department of Agriculture's Division of Animal Industry estimates Florida's livestock inventory includes 26 million poultry, 1.5 million beef cattle, 500,000 horses, 140,000 dairy cattle...

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