Resolution 041-2022 RESOLUTION NO. 041 -2022
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AGENTS OF ANIMAL CONTROL
CONTRACTORS TO ENFORCE CHAPTER 4, MONROE COUNTY CODE, AND
CHAPTER 828, FLORIDA STATUTES, AND TO ISSUE CITATIONS FOR
VIOLATIONS OF THE MONROE COUNTY CODE, INCLUDING REQUIRING
APPEARANCE FOR DISPOSITION IN COUNTY COURT.
WHEREAS,Florida Statutes Section 828.03 provides that agents of any society or association for the
prevention of cruelty to animals may appoint agents for the purpose of investigating violations of Chapter
828, F.S., or any other law of the state for the purpose of protecting animals or preventing any act of cruelty
thereto; and
WHEREAS, Monroe County Code Section 4-37(b) provides that Animal Control Agents of
corporations and associations contracting with Monroe County may be authorized by the Board of County
Commissioners to investigate violations of Chapter 828, Florida Statutes, and of Chapter 4, Monroe County
Code; and
WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of
Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines and/or
requiring appearance in court; and
WHEREAS,Section 828.073,F.S.,authorizes any law enforcement officer or any agent of any county
or any society or association for the prevention of cruelty to animals to take custody of any animal "found
neglected or cruelly treated" or to order the owner to provide certain care to the animal, and then to petition
the county court judge for a hearing, with no fee to be charged for filing the petition; and
WHEREAS, Section 828.073(5), F.S., provides for the Court to consider the testimony of the agent
or officer who seized the animal and other witnesses as to the condition of the animal; and
WHEREAS, said Section 4-37(b), M.C.C., requires the appointments to be approved by a county or
circuit court judge, in compliance with Section 828.03(2), F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
1. That the following animal control officer is authorized to investigate any violations of Chapter 4,
Monroe County Code and Chapter 828, Florida Statutes, to issue citations for violations of said
chapters, or to require appearance in court, and to present testimony for disposition of any such
violation in county court:
Brandon T. Evans
2. That this Resolution shall be forwarded to the Chief Judge of the Circuit Court for assignment to a
judge to review for approval the appointment designated herein.
3. That the Mayor of Monroe County is authorized to execute a certificate of appointment for the
agent designated herein.
4. That this Resolution shall take effect upon its approval the date written below.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular
meeting of said board held on the 16th day of February, 2022.
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner Vacant Seat Vacant
.f"" ,, Commissioner Holly Merrill Raschein Yes
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S-41 '� , 1 BOARD OF COUNTY COMMISSIONERS
3 T;EStWain Madok, Clerk OF MONROE COUNTY, FLORIDA
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By: T 4 4 By:
As Deputy Clerk Mayor/Chairman
James D. Molenaar'Digitally signed by James D.Molenaar
Date.2022.02.08 14:1651-05'00'
Approved as to form and legal sufficiency
James Molenaar, Assistant County Attorney
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F .Fl E. H • Florida Animal Control Association's
z Certificate of Successful Completion of
' • , . Forty Hours of Training to Become an
ANIMAL CONTROL OFFICER
as required by Florida Statute 828.27(4)(a)..
FioriAa enlmal
Control association.
Has Been AwardedrTo
Brandon T. Evans . I
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On The Eighth Day of October Two Thousand Twenty One
FACA Executive Director Course Administrator
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MONROE COUNTY BOARD OF
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COUNTY COMMISSIONERS
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CERTIFICATE OF APPOINTMENT
PRESENTED TO
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Brandon T. Evans 7,
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IS HEREBY AUTHORIZED, PURSUANT TO SECTION 828.03, FLORIDA STATUTES, ?,
;. AND SECTION 4-37(B), MONROE COUNTY CODE, TO INVESTIGATE ANY
% VIOLATIONS OF CHAPTER 4, MONROE COUNTY CODE, AND CHAPTER • 828
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FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS,
OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF '5
?,. ANY SUCH VIOLATION IN COUNTY COURT.
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THIS 16th DAY OF FEBRUARY, 2022
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Approved by: r.
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Ju I ge, I ounty,cuit Court Date
•-; i th Judi 1 . Circuit
Monroe County
State of Florida