Item C08County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tern Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
March 21, 2018
Agenda Item Number: C.8
Agenda Item Summary #3964
BULK ITEM: Yes DEPARTMENT: Animal Control
TIME APPROXIMATE: STAFF CONTACT: Tina Losacco (305) 289 -6051
N/A
AGENDA ITEM WORDING: Approval of a resolution authorizing Rachel David to act as an
authorized agent of Animal Control to enforce Chapter 4, Monroe County Code, and Chapter 828,
Florida Statutes, to issue citations for violation of the Monroe County Code, and /or attend Court.
ITEM BACKGROUND: Authorized animal control agents are appointed to enforce Chapter 4 of
the Monroe County Code and Section 828 of the Florida Statutes, issue citations for fines and /or
attend court. Per Sec. 828.03(2), F.S., their appointment is to be approved by a county or circuit
judge.
PREVIOUS RELEVANT BOCC ACTION: Approval of previous resolutions appointing animal
control officers.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution of Appointment - Rachel David (legal stamped)
Certificate of Appointment - Rachel David
Rachel David ACO Certificate - 03 -2018
FINANCIAL IMPACT:
Effective Date: 03 -21 -2018
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A If yes, amount:
N/A
REVIEWED BY:
Kevin Wilson
Completed
03/06/2018 3:40 PM
Patricia Eables
Completed
03/06/2018 3:49 PM
Budget and Finance
Completed
03/06/2018 3:49 PM
Risk Management
Completed
03/06/2018 5:12 PM
Kathy Peters
Completed
03/06/2018 5:33 PM
Board of County Commissioners
Pending
03/21/2018 9:00 AM
RESOLUTION NO. -2018
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 a
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 W CL
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:
Rachel David
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 if County Commissioners of Monroe County, Florida, at a regular
meeting of said board held on the 21 st day of March 2018.
Mayor David Rice
Mayor Pro Tern Sylvia Murphy
Commissioner Danny L. Kolhage
Commissioner George Neugent
Commissioner Heather Carruthers
(SEAL)
ATTEST: Kevin Madok, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
WM
Mayor /Chairman
MONROE COUNTY ATTORNEY'S OFFICE
PRQVED AST F R `
PATRICIA EABLES
ASSISTANT COUNTY ORNEY
DATE: -R_ t_
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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CERTIFICATE OF APPOINTMENT
PRESENTED TO
Rachel David
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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,
FLORIDA STATUTES, TO ISSUE CITATIONS FOR VIOLATIONS OF SAID CHAPTERS,
OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF
GIVEN THIS 21st DAY OF MARCH, 2018
I
MAYOR, MONROE COUNTY
Approved by:
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Judge, County /Circuit Court Date
16th Judicial Circuit
Monroe County
State of Florida
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Certificat o f S
F or ty H ou rs Tr t o Becom a
as required b Florida Statute 828.27(4)''
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On The Second Day of February Two Thousand Eighteen
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