Bill Text: FL S0420 | 2015 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Animal Control

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2015-05-15 - Chapter No. 2015-18 [S0420 Detail]

Download: Florida-2015-S0420-Comm_Sub.html

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       Florida Senate - 2015                              CS for SB 420
       
       
        
       By the Committee on Community Affairs; and Senator Grimsley
       
       
       
       
       
       578-02389-15                                           2015420c1
    1                        A bill to be entitled                      
    2         An act relating to animal control; amending s. 588.17,
    3         F.S.; providing a procedure for adopting or humanely
    4         disposing of impounded stray livestock, except cattle,
    5         as an alternative to sale or auction; amending s.
    6         588.18, F.S.; requiring a county animal control center
    7         to establish fees and be responsible for damages
    8         caused while impounding livestock; amending s. 588.23,
    9         F.S.; conforming provisions to changes made by the
   10         act; amending s. 828.073, F.S.; authorizing certain
   11         municipalities to take custody of an animal found
   12         neglected or cruelly treated or to order the owner of
   13         such an animal to provide certain care at the owner’s
   14         expense; authorizing county courts to remand animals
   15         to the custody of certain municipalities; authorizing
   16         the allocation of auction proceeds to certain
   17         municipalities; conforming provisions to changes made
   18         by the act; amending s. 828.27, F.S.; deleting
   19         obsolete provisions; clarifying that certain
   20         provisions relating to local animal control are not
   21         the exclusive means of enforcing animal control laws;
   22         providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (4) is added to section 588.17,
   27  Florida Statutes, to read:
   28         588.17 Disposition of impounded livestock.—
   29         (4) Notwithstanding the requirements of subsections (1)
   30  (3), the sheriff or the county animal control center may offer
   31  for adoption or humanely dispose of stray livestock, excluding
   32  cattle. If the livestock is to be offered for adoption or
   33  humanely disposed of, the sheriff or the county animal control
   34  center shall:
   35         (a) Provide written notice to the owner, if known, advising
   36  the owner of the location where the livestock is impounded and
   37  of the amount due by reason of the impounding, and that unless
   38  the livestock is redeemed within a timeframe to be established
   39  by the sheriff or the county animal control center, which shall
   40  be a period of at least 3 business days, the livestock will be
   41  offered for adoption or humanely disposed of; or
   42         (b) If the owner is unknown or cannot be located, obtain
   43  service upon the owner by publishing a notice on the sheriff’s
   44  or the county animal control center’s website. If the livestock
   45  is not redeemed within a timeframe to be established by the
   46  authorized agency, which shall be a period of at least 3
   47  business days, the livestock will be offered for adoption or
   48  humanely disposed of.
   49         Section 2. Section 588.18, Florida Statutes, is amended to
   50  read:
   51         588.18 Livestock at large; fees.—The fees allowed for
   52  impounding, serving notice, care and feeding, advertising, and
   53  disposing of impounded animals shall be determined by the
   54  sheriff or the county animal control center of each county.
   55  Damages done by the sheriff or the county animal control center,
   56  sheriff’s designees, or any other law enforcement officer in
   57  pursuit, or in the capture, handling, or care of the livestock
   58  are the sole responsibility of the sheriff or the county animal
   59  control center other law enforcement agency.
   60         Section 3. Section 588.23, Florida Statutes, is amended to
   61  read:
   62         588.23 Right of owner.—The owner of any impounded livestock
   63  has shall have the right at any time before the disposition sale
   64  thereof to redeem the livestock same by paying to the sheriff or
   65  the county animal control center all impounding expenses,
   66  including fees, keeping charges, advertising, or other costs
   67  incurred therewith which sum shall be deposited by the sheriff
   68  or the county animal control center with the clerk of the
   69  circuit court who shall pay all fees and costs as allowed in s.
   70  588.18. If In the event there is a dispute as to the amount of
   71  such costs and expenses, the owner may give bond with sufficient
   72  sureties to be approved by the sheriff or the county animal
   73  control center, in an amount to be determined by the sheriff or
   74  the county animal control center, but not exceeding the fair
   75  cash value of such livestock, conditioned to pay such costs and
   76  damages; thereafter, within 10 days, the owner shall institute
   77  suit in equity to have the damage adjudicated by a court of
   78  equity or referred to a jury if requested by either party to
   79  such suit.
   80         Section 4. Paragraph (b) of subsection (1), subsections (2)
   81  and (3), paragraphs (a) and (c) of subsection (4), and
   82  subsections (5) and (7) of section 828.073, Florida Statutes,
   83  are amended to read:
   84         828.073 Animals found in distress; when agent may take
   85  charge; hearing; disposition; sale.—
   86         (1) The purpose of this section is to provide a means by
   87  which a neglected or mistreated animal can be:
   88         (b) Made the subject of an order to provide care, issued to
   89  its owner by the county court, any law enforcement officer, or
   90  any agent of the county, a municipality with animal control
   91  officers certified pursuant to s. 828.27, or a of any society or
   92  association for the prevention of cruelty to animals appointed
   93  under s. 828.03,
   94  
   95  and given protection and an appropriate and humane disposition
   96  made.
   97         (2) A Any law enforcement officer, a or any agent of any
   98  county, a municipality with animal control officers certified
   99  pursuant to s. 828.27, or of any society or association for the
  100  prevention of cruelty to animals appointed under the provisions
  101  of s. 828.03 may:
  102         (a) Lawfully take custody of any animal found neglected or
  103  cruelly treated by removing the animal from its present
  104  location, or
  105         (b) Order the owner of any animal found neglected or
  106  cruelly treated to provide certain care to the animal at the
  107  owner’s expense without removal of the animal from its present
  108  location,
  109  
  110  and shall file a petition seeking relief under this section in
  111  the county court of the county in which the animal is found
  112  within 10 days after the animal is seized or an order to provide
  113  care is issued. The court shall schedule and commence a hearing
  114  on the petition within 30 days after the petition is filed to
  115  determine whether the owner, if known, is able to provide
  116  adequately for the animal and is fit to have custody of the
  117  animal. The hearing shall be concluded and the court order
  118  entered thereon within 60 days after the date the hearing is
  119  commenced. The timeframes set forth in this subsection are not
  120  jurisdictional. However, if a failure to meet such timeframes is
  121  attributable to the officer or agent, the owner is not required
  122  to pay the officer or agent for care of the animal during any
  123  period of delay caused by the officer or agent. A fee may not be
  124  charged for filing the petition. This subsection does not
  125  require court action for the taking into custody and making
  126  proper disposition of stray or abandoned animals as lawfully
  127  performed by animal control agents.
  128         (3) Any The officer or agent of any county, any
  129  municipality with animal control officers certified pursuant to
  130  s. 828.27, or of any society or association for the prevention
  131  of cruelty to animals taking charge of any animal pursuant to
  132  the provisions of this section shall have written notice served,
  133  at least 3 days before the hearing scheduled under subsection
  134  (2), upon the owner of the animal, if he or she is known and is
  135  residing in the county where the animal was taken, in
  136  conformance with the provisions of chapter 48 relating to
  137  service of process. The sheriff of the county may shall not
  138  charge a fee for service of such notice.
  139         (4)(a) Any The officer or agent of any county, any
  140  municipality with animal control officers certified pursuant to
  141  s. 828.27, or of any society or association for the prevention
  142  of cruelty to animals taking charge of an animal as provided for
  143  in this section shall provide for the animal until either:
  144         1. The owner is adjudged by the court to be able to provide
  145  adequately for, and have custody of, the animal, in which case
  146  the animal shall be returned to the owner upon payment by the
  147  owner for the care and provision for the animal while in the
  148  agent’s or officer’s custody; or
  149         2. The animal is turned over to the officer or agent as
  150  provided in paragraph (c) and a humane disposition of the animal
  151  is made.
  152         (c) Upon the court’s judgment that the owner of the animal
  153  is unable or unfit to adequately provide for the animal:
  154         1. The court may:
  155         a. Order that the current owner have no further custody of
  156  the animal and that the animal be sold by the sheriff at public
  157  auction or, that the current owner have no further custody of
  158  the animal, and that any animal not bid upon be remanded to the
  159  custody of the Society for the Prevention of Cruelty to Animals,
  160  the Humane Society, the county, the municipality with animal
  161  control officers certified pursuant to s. 828.27, or any agency
  162  or person the judge deems appropriate, to be disposed of as the
  163  agency or person sees fit; or
  164         b. Order that the animal be destroyed or remanded directly
  165  to the custody of the Society for the Prevention of Cruelty to
  166  Animals, the Humane Society, the county, the municipality with
  167  animal control officers certified pursuant to s. 828.27, or any
  168  agency or person the judge deems appropriate, to be disposed of
  169  as the agency or person sees fit.
  170         2. The court, upon proof of costs incurred by the officer
  171  or agent, may require that the owner pay for the care of the
  172  animal while in the custody of the officer or agent. A separate
  173  hearing may be held.
  174         3. The court may order that other animals that are in the
  175  custody of the owner and that were not seized by the officer or
  176  agent be turned over to the officer or agent, if the court
  177  determines that the owner is unable or unfit to adequately
  178  provide for the animals. The court may enjoin the owner’s
  179  further possession or custody of other animals.
  180         (5) In determining the person’s fitness to have custody of
  181  an animal under the provisions of this act, the court may
  182  consider, among other matters:
  183         (a) Testimony from the agent or officer who seized the
  184  animal and other witnesses as to the condition of the animal
  185  when seized and as to the conditions under which the animal was
  186  kept.
  187         (b) Testimony and evidence as to the veterinary care
  188  provided to the animal.
  189         (c) Testimony and evidence as to the type and amount of
  190  care provided to the animal.
  191         (d) Expert testimony as to the community standards for
  192  proper and reasonable care of the same type of animal.
  193         (e) Testimony from any witnesses as to prior treatment or
  194  condition of this or other animals in the same custody.
  195         (f) The owner’s past record of judgments pursuant to under
  196  the provisions of this chapter.
  197         (g) Convictions pursuant to under the statutes prohibiting
  198  cruelty to animals.
  199         (h) Other Any other evidence the court considers to be
  200  material or relevant.
  201         (7) In any case in which an animal is offered for auction
  202  under the provisions of this section, the proceeds shall be:
  203         (a) Applied, first, to the cost of the sale.
  204         (b) Applied, secondly, to the care of and provision for the
  205  animal by the officer or agent of any county, any municipality
  206  with animal control officers certified pursuant to s. 828.27, or
  207  of any society or association for the prevention of cruelty to
  208  animals taking charge.
  209         (c) Applied, thirdly, to the payment of the owner for the
  210  sale of the animal.
  211         (d) Paid over to the court if the owner is not known.
  212         Section 5. Subsection (4) of section 828.27, Florida
  213  Statutes, is amended, and subsection (8) is added to that
  214  section, to read:
  215         828.27 Local animal control or cruelty ordinances;
  216  penalty.—
  217         (4)(a)1. County-employed animal control officers must
  218  shall, and municipally employed animal control officers may,
  219  successfully complete a 40-hour minimum standards training
  220  course. Such course must shall include, but is not limited to,
  221  training for: animal cruelty investigations, search and seizure,
  222  animal handling, courtroom demeanor, and civil citations. The
  223  course curriculum must be approved by the Florida Animal Control
  224  Association. An animal control officer who successfully
  225  completes such course shall be issued a certificate indicating
  226  that he or she has received a passing grade.
  227         2. Any animal control officer who is authorized before
  228  prior to January 1, 1990, by a county or municipality to issue
  229  citations is not required to complete the minimum standards
  230  training course.
  231         3. In order to maintain valid certification, every 2 years
  232  each certified county-employed animal control officer must shall
  233  complete 4 hours of postcertification continuing education
  234  training. Such training may include, but is not limited to,
  235  training for: animal cruelty investigations, search and seizure,
  236  animal handling, courtroom demeanor, and civil citations.
  237         (b)1. The governing body of a county or municipality may
  238  impose and collect a surcharge of up to $5 upon each civil
  239  penalty imposed for violation of an ordinance relating to animal
  240  control or cruelty. The proceeds from such surcharges shall be
  241  used to pay the costs of training for animal control officers.
  242         2. In addition to the uses set forth in subparagraph 1., a
  243  county, as defined in s. 125.011, may use the proceeds specified
  244  in that subparagraph and any carryover or fund balance from such
  245  proceeds for animal shelter operating expenses. This
  246  subparagraph expires July 1, 2014.
  247         (8) This section is an additional, supplemental, and
  248  alternative means of enforcing county or municipal codes or
  249  ordinances. This section does not prohibit a county or
  250  municipality from enforcing its codes or ordinances by any other
  251  means, including, but not limited to, the procedures provided in
  252  chapter 162.
  253         Section 6. This act shall take effect July 1, 2015.