Item C08 C.8
County f � .�� ��� BOARD OF COUNTY COMMISSIONERS
Mayor David Rice,District 4
Mayor Pro Tem Craig Cates,District 1
The Florida Keys '
Y � �F' Michelle Coldiron,District 2
Vacant,District 3
--' Holly Merrill Raschein,District 5
County Commission Meeting
February 16, 2022
Agenda Item Number: C.8
Agenda Item Summary #10146
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 Brandon T. Evans 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:
2022 ACO BT EVANS MC Cert
2022 ACO BT EVANS RESO
2022 ACO BT EVANS CERT APPT
FINANCIAL IMPACT:
Effective Date: 02-16-2022
Expiration Date:
Total Dollar Value of Contract: N/A
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C.8
Total Cost to County: N/A
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:
Tina Losacco Completed 01/10/2022 11:29 AM
Kevin Wilson Completed 01/10/2022 3:38 PM
James Molenaar Completed 01/10/2022 3:48 PM
James Molenaar Completed 01/10/2022 3:48 PM
Purchasing Completed 01/11/2022 12:51 PM
Budget and Finance Completed 01/11/2022 12:55 PM
Maria Slavik Completed 01/11/2022 1:22 PM
Liz Yongue Completed 01/31/2022 8:55 AM
Board of County Commissioners Pending 02/16/2022 9:00 AM
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C.8.b
RESOLUTION NO. -2022
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 6
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 w
Code; and
WHEREAS, Section 4-38, M.C.C., authorizes animal control agents to enforce the provisions of U
Chapter 4 of the Code and Chapter 828 of the Florida Statutes, including issuance of citations for fines and/or S
requiring appearance in court; and U)
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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 acaa
U
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
N
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.; E
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
I. 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:
Brandon T. Evans
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.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 16th day of February, 2022.
Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron
Commissioner Vacant Seat
Commissioner Holly Merrill Raschein
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
c,
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By: By:
Deputy Clerk Mayor/Chairman
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C.H.C.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
L U� _tYQ
CERTIFICATE OF APPOINTMENT
PRESENTED TO
Brandon T. Evans
CL
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.
N GIVEN THIS 16th DAY OF FEBRUARY, 2022
N
MAYOR, MONROE COUNTY
Approved by:
Judge, County/Circuit Court Date
16th Judicial Circuit
Monroe County
State of Florida
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