A Miami mother of five preparing to start chemotherapy says she has not seen her family's one-year-old poodle, Lucy, in seven months because the temporary sitter she hired refuses to give the dog back. Hanna Bustos says she has filed two separate reports with the Miami Police Department and hired a private attorney as she tries to bring the dog home before she begins cancer treatment.
Bustos, who lives in Miami, told WPLG Local 10 that Lucy was originally a gift for her 14-year-old son, who considers the poodle his best friend. Bustos hired a temporary dog sitter who had been recommended to her as a boarder, but according to Bustos, the sitter — who runs a dog breeding company — has refused to return Lucy, telling her she was not willing to remove the poodle from her pack.
“I am not giving her up,” the sitter told Bustos, according to the WPLG Local 10 report by journalists Jeff Derderian and Andrea Torres. Bustos has since launched a public push called the Bring Lucy campaign, aimed at pressuring the sitter to return the dog and rallying support from the community while she prepares for her own medical treatment.
A Legal Gray Zone for Pet Owners
Bustos's case lands in a legal area where Florida law offers owners several paths but few guarantees. Under Florida case law established in Levine v. Knowles and Helmy v. Swigert, pets are classified strictly as personal property rather than family members, according to Justia. That means disputes like this one are handled under property and tort law rather than any custody framework, regardless of how a family feels about the animal.
Chapter 78 of the Florida Statutes allows someone whose personal property is wrongfully held by another party to file a civil lawsuit for a writ of replevin, a court order for the immediate recovery of that property, per Online Sunshine. Separately, Florida Statute § 772.11 allows victims of property theft to pursue civil claims for three times actual damages plus attorney fees, but only after sending a 30-day written demand letter and proving felonious intent by clear and convincing evidence.
Why Criminal Charges Aren't Guaranteed
Florida Statute § 812.014 establishes that knowingly retaining personal property valued between $750 and $20,000 without authorization constitutes third-degree grand theft, a felony carrying up to five years in prison. Whether that statute applies here would be up to law enforcement to determine, since police departments in Florida often treat pet retention disputes as private civil matters rather than criminal ones, according to Lost Dogs Florida, though officers increasingly get involved when documentation or microchip records clearly establish ownership.
Miami-Dade County requires all dogs four months or older to be vaccinated against rabies and registered with an official county license tag, per Miami-Dade County — records that link a registered pet directly to its owner and could serve as evidence in a case like this one. The county's Animal Services Department no longer requires local commercial licenses for kennel operators or breeders due to recent state legislative changes, though facilities are still subject to county animal care standards under Chapter 5 of the Miami-Dade County Code. Miami-Dade County Animal Services says it no longer requires licenses for breeders, hobby breeders, guard dog service businesses or kennel operators. According to Miami-Dade County Animal Services, residents can report animal cruelty and related animal problems online or by calling 311, and the department will open an investigation. Miami-Dade County's FY 2016-17 adopted budget listed lost-and-found services, microchipping, licensing and vaccinations among Animal Services offerings.
Florida Statute § 705.104 further provides that title to lost or found personal property only passes to a finder after a mandatory 90-day custodial period and formal notice requirements are met, meaning a temporary sitting arrangement does not give a sitter any ownership claim over an animal entrusted to them. The State of Florida also maintains no state-level licensing system for pet boarding or grooming facilities, according to StartPermit, leaving oversight of sitters and boarders largely to local zoning and business tax rules rather than any dedicated agricultural or veterinary board.
A Family Waiting on Answers
For now, Bustos says her family is left waiting, with two police reports filed and an attorney retained, while she prepares to begin chemotherapy. Her son still considers Lucy his best friend, and the Bring Lucy campaign Bustos started is meant to keep pressure on the sitter and public attention on the case as the family seeks the poodle's return.
