|Dewie Brown, florida, raccoon, opossum, drown, marion county, state attorney, animal advocates, mary cummins, wildlife, brad king, Forest High School, Ocala, animal cruelty, inhumane, commission, Florida Fish and Wildlife Conservation Commission,|
People are asking if it’s illegal to drown raccoons and opossums. It’s illegal to drown nuisance wildlife in Florida. Below is the statute from the Florida Fish & Wildlife Conservation Commission. http://myfwc.com/ .
68A-9.010 “Taking Nuisance Wildlife. (c) Euthanasia of nuisance wildlife shall be humane as defined by the American Association of Zoo Veterinarians or the American Veterinary Medical Association.”
Per the AVMA, "S 1.5 page 46, “Other unacceptable approaches to euthanasia include hypothermia and drowning."
Drowning raccoons and opossums would be considered animal cruelty in Florida. Title XLVI Crimes, Chapter 828, “Animal Cruelty.”
828.12 (1) “A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
(2) A person who intentionally commits an act to any animal, or a person who owns or has the custody or control of any animal and fails to act, which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, commits aggravated animal cruelty, a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both.
(a) A person convicted of a violation of this subsection, where the finder of fact determines that the violation includes the knowing and intentional torture or torment of an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum mandatory fine of $2,500 and undergo psychological counseling or complete an anger management treatment program.
(b) A person convicted of a second or subsequent violation of this subsection shall be required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory period of incarceration of 6 months. In addition, the person shall be released only upon expiration of sentence, is not eligible for parole, control release, or any form of early release, and must serve 100 percent of the court-imposed sentence. Any plea of nolo contendere shall be considered a conviction for purposes of this subsection.
(3) A person who commits multiple acts of animal cruelty or aggravated animal cruelty against an animal may be charged with a separate offense for each such act. A person who commits animal cruelty or aggravated animal cruelty against more than one animal may be charged with a separate offense for each animal such cruelty was committed upon.
We feel that Dewie Brewton committed three acts of intentional aggravated animal cruelty in the third degree. If convicted, the sentence would be six months jail time per act, $10,000 fine per act, psychological counseling and completion of an anger management program. We wrote a letter to the state attorney Brad King who oversees Marion county, Florida where this happened asking for charges to be made. We cc'd the letter to the Fish & Wildlife Commission, the school and the school district.