Ralph DeMeo Coauthors Florida Bar Journal Article Explaining Florida’s Conflicting Laws on Lost and Found Pets

Adams & Reese Counsel Ralph DeMeo coauthors the article, "Lost and Found Pets" in The Florida Bar Journal, explaining the conflicting and often confusing legal framework governing lost, found, and abandoned pets in Florida. The article claims that existing statutes, which were designed primarily for inanimate personal property, are inadequate for handling animals.

Florida Property Law Framework

Despite Florida's Constitution recognizing the humane treatment of animals as a 'fundamental value,' the law still classifies pets as personal property with no greater legal status than a piece of furniture. The only animal-specific Florida property statute, F.S. §705.19, addresses abandonment at veterinary offices and boarding kennels, while the general lost property statutes fail to account for the unique nature of animals as living beings.

Local Agency Conflicts

Local agencies, such as Tallahassee Animal Services, direct individuals who find stray animals to shelters and online databases, yet make no mention of reporting to law enforcement as required by statute. They also enforce stray hold periods that conflict with the 90-day statutory requirement.

Ownership Disputes

Gaps in reporting procedures for lost, found, and abandoned pets raise unresolved questions about who retains legal ownership. Courts in Florida have used replevin actions and principles to resolve pet ownership disputes. These generally favor caretakers and rescues over original owners who allow a pet to roam without identification or proper care.

Proposed Legislative Amendment

Clear and precise statutory language would better safeguard the interests of pet owners, third parties, and the animals themselves, while also reducing the difficulty, inconvenience, and cost associated with enforcement. A proposed amendment to the statute would exclude animals from the inanimate property reporting process, direct finders to report lost or found pets to law enforcement or the nearest animal shelter, and incorporate an animal-specific definition of abandonment.

View the full article in The Florida Bar Journal.