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Item C08 C.8 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 IleOI1da Keys Mayor Pro Tern Michelle Coldiron,District 2 �p.° Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting January 22, 2020 Agenda Item Number: C.8 Agenda Item Summary #6402 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 Cecil Lee Lawson 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: 2020.01 Lawson C. MC ACO draft 2020.01 Lawson C. ACO Reso Appt draft 2020.01 Lawson C. ACO FACA EXE FINANCIAL IMPACT: Effective Date: 01-22-2020 Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: N/A Packet Pg. 226 C.8 Current Year Portion: N/A Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: County Match: Insurance Required: No. Additional Details: N/A REVIEWED BY: Kevin Wilson Completed 01/07/2020 7:42 PM Paunece Scull Completed 01/08/2020 9:15 AM Budget and Finance Completed 01/08/2020 10:46 AM Maria Slavik Completed 01/08/2020 12:35 PM Kathy Peters Completed 01/08/2020 12:37 PM Board of County Commissioners Pending 01/22/2020 9:00 AM Packet Pg. 227 C.8.a MONROE COUNTY BOARD OF COUNTY COMMISSIONERS V l/ Mtl u 1 Y(lIJ1J/ \\ �m4e6vV CERTIFICATE OF APPOINTMENT PRESENTED TO e Cecil Lee Lawson 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, 0 OR TO APPEAR IN COURT AND TO PRESENT TESTIMONY FOR DISPOSITION OF ANY SUCH VIOLATION IN COUNTY COURT. 04 GIVEN THIS 22nd DAY OF JANUARY, 2020CD r- CD E MAYOR, MONROE COUNTY Approved by: Judge, County/Circuit Court Date 161h Judicial Circuit Monroe County State of Florida Packet Pg. 228 C.8.b RESOLUTION NO. -2020 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 �s 0 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 0 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 0 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 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 cv 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: Cecil Lee Lawson 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. Packet Pg. 229 C.8.b 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 22st day of January, 2020. Mayor Heather Carruthers Mayor Pro Tem Michelle Coldiron Commissioner Craig Cates Commissioner David Rice Commissioner Sylvia Murphy 0 3 (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman c �s �s 0 3 cv cv Packet Pg. 230 C.8.c miryµ J dwMW n CD cow 0 *me rl '4 (AE 0 x N u CL 0 0 C/) (3 0 Ah a (D 0 0 CL 01 0 U) CL CO can cv cv CL0 z 0 (D 0 CD 3 0 CD can i;t it Packet Pg. 231