Item D20 D.20
i�`
CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Holly Merrill Raschein,District 5
County Commission Meeting
October 203, 2021
Agenda Item Number: D.20
Agenda Item Summary #9821
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 Aryel del Cuetoto 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:
202 1.10 del Cueto A. ACO Reso Appt draft
202 1.10 del Cueto A. MC ACO draft
2021.10 del Cueto ACO Certificate
FINANCIAL IMPACT:
Effective Date: 10-20-2021
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Packet Pg.650
D.20
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:
Tina Losacco Completed 10/01/2021 12:14 PM
Kevin Wilson Completed 10/01/2021 12:46 PM
Jim Molenaar Completed 10/04/2021 9:07 AM
Purchasing Skipped 10/01/2021 12:44 PM
Budget and Finance Completed 10/05/2021 11:48 AM
Maria Slavik Completed 10/05/2021 11:51 AM
Liz Yongue Completed 10/05/2021 12:26 PM
Board of County Commissioners Pending 10/20/2021 9:00 AM
Packet Pg.651
D.20.a
RESOLUTION NO. -2021
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
0
WHEREAS, Monroe County Code Section 4-37(b) provides that Animal Control Agents of ti
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
�t
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
e(
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 o
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 �t
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
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:
Aryel del Cueto
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.652
D.20.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 20th day of October, 2021.
Mayor Michelle Coldiron
Mayor Pro Tem David Rice
Commissioner Craig Cates
Commissioner Eddie Martinez
Commissioner Holly Merrill Raschein 0
m
m
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
e(
By: By:
Deputy Clerk Mayor/Chairman c
0
N
CD
Packet Pg.653
D.20.b
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
mod
t
CERTIFICATE OF APPOINTMENT
PRESENTED TO
Aryel del Cueto
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 20th DAY OF OCTOBER, 2021
N
CD
MAYOR, MONROE COUNTY
Approved by:
Judge, County/Circuit Court Date
16th Judicial Circuit
Monroe County
State of Florida
Packet Pg.654
D.20.c
�v
Co ui
um
Tt
k
V
e s�
q
Co
CO
W
p�gq p«m ®iy
S� W
0
0 ci Ct1 &[- C)
(3)
co
um E
f
�X 8
I v
a
2
Packet Pg.655