Item B01BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: July 18, 2012
BULK ITEM: Yes x No
DIVISION: Public Works/Engineering
DEPARTMENT: Animal Control
STAFF CONTACT PERSON/PHONE NO.: Beth Leto/292-4560
AGENDA ITEM WORDING: Approval of a Resolution authorizing an agent of an Animal Control
Contractor 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.
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.
TOTAL COST: $ n/a INDIRECT COST: n/a BUDGETED: Yes: No:
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE GENERATED: Yes
APPROVED BY: County Atty:
DOCUMENTATION: INCLUDED:
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OMB/Purchasing: Risk Management:
NOT REQUIRED:
DISPOSITION: AGENDA ITEM #:
RESOLUTION NO. -2012
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AN AGENT OF AN ANIMAL CONTROL
CONTRACTOR 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
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
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
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 MONRE 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:
MICHELLE RUSIN
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 appointments designated herein.
3. That the mayor of Monroe County is authorized to execute certificates of appointment for the agents
designated herein.
4. That this resolution shall take effect upon its approval the date written below.
PASSED AND ADOPTED by the Board if County Commissioners of Monroe County, Florida, at a regular
meeting of said board held on the 18TH day of JULY, 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL)
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
ATTEST: Danny L. Kolhage, CLERK
By:
Deputy Clerk
Mayor/Chairman
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
CERTIFICATE OF APPOINTMENT
PRESENTED TO
MICHELLE RUSIN
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 18TH DAY OF JULY, 2012
DAVID RICE
MAYOR, MONROE COUNTY
Approved by:
Judge, County/Circuit Court
16th Judicial Circuit
Monroe County
State of Florida
Date