Item N2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 18, 2000
Division:
County Attorney
AGENDA ITEM WORDING:
Approval of Amendment to Agreement with the Florida Keys SPCA designating an agent to
carry out court procedures against unfit owners of animals.
ITEM BACKGROUND:
When some pet owners are incarcerated, they make no provision for the care of their pets.
There are sometimes circumstances where the pet owners are known but do not seek to
regain possession, causing costs of care to rise, then want to "adopt" the same pets
because it's cheaper. State statute provides a procedure to have the court determine
whether the owner is fit to retain ownership and allows the court to award full rights of
disposal to the humane society. This amendment enables the corporation to go forward in
such court proceedings as a County designee so that they can petition the Court without
an attorney. There are no court costs or services costs pursuant to statute.
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval
TOTAL COST:
BUDGETED: Yes
No
Cost to County: -0-
APPROVED BY:
County Attorney
x
OMBjPurchasing
Risk Management
DIVISION DIRECTOR APPROV~ ~
DOCUMENTATION:
Included -2L-
To Follow
Not required
AGENDA ITEM #
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AMENDMENT TO AGREEMENT
This Amendment entered into this _ day of , 2000, between the Board of County
Commissioners of Monroe County, Florida (County) and the Florida Keys Society for the Prevention of
Cruelty to Animals, Inc., (Contractor).
WHEREAS, the parties hereto entered into an Agreement June 16, 1999, for the operation of the Key
West, Big Pine Key and Marathon Animal Shelters;
WHEREAS, Section 828.073, Florida Statutes, provides a mechanism for the County or humane
society to petition the court for a detennination that an owner is unable to provide adequately for an animal
and is not fit to have custody of said animal; and,
WHEREAS, the Contractor sometimes seizes animals whose owners are known but cannot or will not
pay the cost of caring for the animal while the animal is in the care of the shelter; and,
WHEREAS, it is in the best interest of the County that an objective procedure be established to divest
animal ownership from those person(s) unable to adequately provide care for and unfit to have custody of an
animal; now, therefore,
The parties hereto agree to amend the June 16, 1999 Agreement as previously amended and renewed
as follows:
I. Section II shall be amended by adding the following paragraph:-
10. Contractor shall designate an agent for the purposes of carrying out the
court procedures covered under Section 828.073, Florida Statutes,
to have a known owner divested of his right to have custody of an
animal for which the said owner is unable to provide care. The
Contractor shall appoint a designated agent to file and prosecute
petitions for detennination of fitness. The Contractor shall submit to
County for approval the name of the designated Agent to act in this
capacity.
2. All other provisions of said Agreement as previously amended and renewed, not inconsistent
herewith, shall remain in full force and effect.
IN WI1NESS WHEREOF, the parties have hereunto set their hands and seal the day and year first
above written.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Attest: DANNY L. KOLHAGE, Clerk
By
Deputy Clerk
By
Mayor/Chainnan
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FLORIDA KEYS SOCIETY FOR PREVENTION
OF CRUELTY TO ANIMALS, INC.
By
President
rjamendagmtspca
IN THE COUNTY COURT OF MONROE COUNTY, THE SIXTEENTH
JUDICIAL CIRCUIT, IN AND FOR MONROE COUNTY, FLORIDA
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY
TO ANIMALS, INC.,
(A Florida Corporation)
CASE NO.
Plaintiff,
vs.
Defendant.
I
NOTICE OF HEARING
TO:
PLEASE TAKE NOTICE that the undersigned will call up for hearing before the Honorable
, a Judge of this Court, at the Monroe County Courthouse, Key
West, Florida, at
a.m.lp.m., on
,2000.
PETITION FOR DETERMINATION OF FITNESS FOR
OWNERSHIP OF DOMESTICATED ANIMALS
PLEASE GOVERN YOURSELF ACCORDINGLY.
I HEREBY CERTIFY that a copy of the foregoing Notice was furnished by the Monroe County Sheriff's
Department to the addressee herein this
day of
,2000.
(Agent)
Florida Keys Society for the
Prevention of Cruelty to Animals
190 I South Roosevelt Blvd. - 403N
Key West, FI 33040
IN THE COUNTY COURT OF MONROE
COUNTY, THE SIXTEENTH JUDICIAL
CIRCUIT, IN AND FOR MONROE COUNTY,
FLORIDA
FLORIDA KEYS SOCIETY FOR
THE PREVENTION OF CRUELTY
TO ANIMALS, INC.,
(A Florida Corporation)
CASE NO.
Plaintiff,
vs.
Defendant.
/
PETITION FOR DETERMINATION OF FITNESS
FOR OWNERSHIP OF DOMESTICATED ANlMAL(S)
COMES NOW, the undersigned agent of Florida Keys Society for the Prevention of
Cruelty to Animals, Inc., and respectfully petitions this Court for an Order finding the above
named owner of domesticated animals to be unable to adequately provide for the care of said
animal(s), pursuant to Florida Statute, Section 828.073. In support whereof, the Plaintiff does
aver:
I. The undersigned agent of the F.K.S.P.C.A. has been approved by Monroe
County as its agent for purposes of filing and prosecuting this petition.
2.
, residing at
, has been determined to be the owner of
the following animal(s):
3. Said animal(s) have been seized by Plaintiff pursuant to Monroe County Code
Chapter 3, and/or Florida Statutes Chapter 828, or have been turned over to the Plaintiff pursuant
to Section 705.19, Florida Statutes.
4. The owner has been issued an Order to provide care pursuant to Section 828.073,
Florida Statutes, and has failed to do so.
5. Other facts relevant to this particular owner and particular animal(s):
WHEREFORE the Plaintiff requests that this Court determine that the owner is unable to
adequately provide for said animal(s) and that said animates) shall be remanded directly to the
custody of the Florida Keys Society for the Prevention of Cruelty to Animals, Inc., to be disposed
of as the agency sees fit; and that, upon proof of costs incurred by the Plaintiff, that the Court
require the owner to pay for the care of the animal(s) while in the custody of Plaintiff.
RESPECTFULL Y SUBMITTED,
(Agent)
Florida Keys Society for the Prevention
of Cruelty to Animals, Inc.
190 I South Roosevelt Blvd.- 403N
Key West, Florida 33040
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the day of , 2000,
a copy of the foregoing petition was mailed to the above stated owner at the above stated address
by certified U.S. Mail, return receipt requested.
FLORIDA KEYS SOCIETY FOR THE PREVENETION
OF CRUELTY TO ANIMALS, INe.
ORDER TO PROVIDE CARE
TO:
(Owner)
(Address)
Pursuant to the authority vested by Monroe County in the undersigned agent of the
Florida Keys Society for the Prevention of Cruelty to Animals, Inc., (FKSPCA) and Section
828.073, F.S., you are hereby given notice that
(A) You shall provide to
(Animal Specification)
Following care:
at your own expense.
(B) You are required to claim within five (5) days of this notice being served upon
you the following animal(s):
from the shelter at
and to make payment of all costs incurred by the FKSPCA in caring for said
animals.
Your failure to claim said animals within five days may result in a petition to have you
divested of ownership of said animals and for said animals to be disposed of as the FKSPCA sees
fit, with a request that the Court require you to pay for the care of the animal while in custody of
the FKSPCA even though you no longer own said animal.
(Animal Control Agent)
Service was made this
day of
(A) Hand Delivery to the person named above:
or
(B) Certified U.S. Mail prepared, return receipt requested
(Signature of person making service)
Original to be issued to owner
Duplicate to be retained by agency
, 2000, by