Item C04 C.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C.4
Agenda Item Summary #5471
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 Sarah Bentley 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 attend Court as
needed for disposition of animal control cases.
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:
2019 -05 RESO appoint ACO - SBently - STAMPED DRAFT
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
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C.4
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Kevin Wilson Completed 04/12/2019 2:12 PM
Christine Limbert Completed 04/29/2019 10:50 AM
Budget and Finance Completed 04/29/2019 1:52 PM
Maria Slavik Completed 04/29/2019 3:00 PM
Kathy Peters Completed 04/29/2019 4:44 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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C.4.a
RESOLUTION NO. -2019
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 2
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 (M.C.C.); and
WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of Ow
Chapter 4 of the Monroe County Code and Chapter 828 of the Florida Statutes,including issuance of citations
for fines and/or requiring appearance in court; and
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WHEREAS,Section 828.073,F.S.,authorizes any law enforcement officer or any agent of any county 21
or any society or association for the prevention of cruelty to animals to take custody of any animal "found a
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 0
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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 0
WHEREAS, said Section 4-37(b), M.C.C., requires the appointments to be approved by a county or 0
circuit court judge, in compliance with Section 828.03(2), F.S.; W
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA CD
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:
Sarah Bentley
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.
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C.4.a
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 22nd day of May 2019.
Mayor Sylvia J. Murphy
Mayor Pro Tern Danny L. Kolhage
Commissioner Michelle Coldiron
Commissioner Heather Carruthers
Commissioner David Rice
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
I By-,
Deputy Clerk Mayor/'Chairman
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ONROE COUNTY ATTORNEY (n
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C.4.a
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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CERTIFICATE OF APPOINTMENT
PRESENTED TO
Sarah BentleyCL
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.
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GIVEN THIS 22nd DAY OF MAY, 2019
04
MAYOR, MONROE COUNTY
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Approved by:
Judge, County/Circuit Court Date
161h Judicial Circuit
Monroe County
State of Florida
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