Resolution 416-2018 RESOLUTION NO. 416 -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 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:
Amber Murphy
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 19th day of December, 2018.
Mayor Sylvia Murphy Yes
Mayor Pro Tem Danny L. Kolhage Yes
Commissioner Michelle Coldiron Yes
,v`J� � Commissioner Heather Carruthers Yes
;*- Commissioner David Rice Yes
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:�u t,(• . S.EA11 •, BOARD OF COUNTY COMMISSIONERS
' ATTST/Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA-
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By: G-7A- ""LA By: '`
Deputy Clerk / M yor/Chairman
MONROE COUNTY ATTORNEY'S OFFICE
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PATRICIA EABLES
ASSISTANT COUNTY AgORNEY
DATE: kZ -2.-^175
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MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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CERTIFICATE OF APPOINTMENT
PRESENTED TO
Amber Murphy
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
ANY SUCH VIOLATION IN COUNTY COURT.
GIVEN THIS 19th DAY OF DECEMBER, 2018
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MAYOR, MONROE COUNTY
Approved by:
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Judge, • ircuit Court
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16th Jug �!1 Circuit
Monroe County
State of Florida
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On'The Twenty Third Day of August`Two Thousand Eighteen.
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