Florida Law in Reaction to Abandonment of Dog During Hurricane Reflects Greater Compassion for Pets as Family Members

In October 2024, the Florida Highway Patrol found a bull terrier tied to a pole along Interstate 75 during Hurricane Milton. The dog, named Trooper, had been left in rising flood waters in Tampa as the hurricane approached. Florida Highway Patrol Trooper Orlando Morales spotted and rescued the dog. Trooper’s prior owner was arrested and charged with aggravated animal cruelty. Trooper has since been adopted by a new owner.

In October 2025, Florida passed a law known as “Trooper’s Law.” Under the new law, anyone who restrains and abandons an animal in a natural disaster in Florida could be charged with a third-degree felony.

What Is Animal Neglect?

Animal neglect occurs when the owner or caretaker of a pet or other animal neglects that animal. This may occur when the individual does not provide the basic necessities for the animal’s survival. Basic necessities are defined in most states as:

• Food and water
• Space to move and play
• General clean condition; and
• Protection from severe weather.

Most states also make it illegal to leave an animal in public or to leave an animal without providing for its basic needs. It is illegal in some states to leave an animal unattended in a vehicle because of the potential for heat stroke.

Is Animal Neglect Punishable Under the Law?

In some states, animal neglect is considered a “wobbler,” which means an individual may face either a misdemeanor charge or a felony charge, depending on the facts of the case and the prosecutor’s discretion.

Additional consequences of animal neglect may include:

• Having the animal permanently removed from the owner;
• Paying fines and costs for removal of the animal; or
• Additional penalties if the neglect involved the use of dangerous or deadly weapons.

Views of Animals Have Shifted from Property to Family Members

Most states still consider pets personal property. During a divorce, many states will give custody to the spouse who purchased the pet prior to the marriage or who was the pet’s primary caregiver. Likewise, a companion pet or service animal is more relevant in states where pets are considered property, as companion or service animals serve the interests of the pet owner rather than the pet itself.

However, there is a growing sense that pets are family and should be afforded the same consideration by courts. Laws forbidding animals from being left in vehicles due to heat stroke are reminiscent of rules about leaving children unattended in vehicles. Trooper’s law continues the trend that animals are not property but worthy of rights as living things.  

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