Bill Text: FL S0420 | 2015 | Regular Session | Enrolled
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-Enrolled.html
ENROLLED 2015 Legislature CS for CS for SB 420 2015420er 1 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.; conforming provisions 11 to changes made by this act; authorizing certain 12 municipal animal control officers to take custody of 13 an animal found neglected or cruelly treated or to 14 order the owner of such an animal to provide certain 15 care at the owner’s expense; authorizing county courts 16 to remand animals to the custody of certain 17 municipalities; authorizing the allocation of auction 18 proceeds to certain animal control officers; amending 19 s. 828.27, F.S.; deleting obsolete provisions; 20 clarifying that certain provisions relating to local 21 animal control are not the exclusive means of 22 enforcing animal control laws; providing an effective 23 date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsection (4) is added to section 588.17, 28 Florida Statutes, to read: 29 588.17 Disposition of impounded livestock.— 30 (4) Notwithstanding the requirements of subsections (1) 31 (3), the sheriff or the county animal control center may offer 32 for adoption or humanely dispose of stray livestock, excluding 33 cattle. If the livestock is to be offered for adoption or 34 humanely disposed of, the sheriff or the county animal control 35 center shall: 36 (a) Provide written notice to the owner, if known, advising 37 the owner of the location where the livestock is impounded and 38 of the amount due by reason of the impounding, and that unless 39 the livestock is redeemed within a timeframe to be established 40 by the sheriff or the county animal control center, which shall 41 be a period of at least 3 business days, the livestock will be 42 offered for adoption or humanely disposed of; or 43 (b) If the owner is unknown or cannot be located, obtain 44 service upon the owner by publishing a notice on the sheriff’s 45 or the county animal control center’s website. If the livestock 46 is not redeemed within a timeframe to be established by the 47 authorized agency, which shall be a period of at least 3 48 business days, the livestock will be offered for adoption or 49 humanely disposed of. 50 Section 2. Section 588.18, Florida Statutes, is amended to 51 read: 52 588.18 Livestock at large; fees.—The fees allowed for 53 impounding, serving notice, care and feeding, advertising, and 54 disposing of impounded animals shall be determined by the 55 sheriff or the county animal control center of each county. 56 Damages done by the sheriff or the county animal control center,57sheriff’s designees, or any other law enforcement officerin 58 pursuit,or in the capture, handling, or care of the livestock 59 are the sole responsibility of the sheriff or the county animal 60 control centerother law enforcement agency. 61 Section 3. Section 588.23, Florida Statutes, is amended to 62 read: 63 588.23 Right of owner.—The owner of any impounded livestock 64 hasshall havethe right at any time before the dispositionsale65 thereof to redeem the livestocksameby paying to the sheriff or 66 the county animal control center all impounding expenses, 67 including fees, keeping charges, advertising, or other costs 68 incurred therewith which sum shall be deposited by the sheriff 69 or the county animal control center with the clerk of the 70 circuit court who shall pay all fees and costs as allowed in s. 71 588.18. IfIn the eventthere is a dispute as to the amount of 72 such costs and expenses, the owner may give bond with sufficient 73 sureties to be approved by the sheriff or the county animal 74 control center, in an amount to be determined by the sheriff or 75 the county animal control center, but not exceeding the fair 76 cash value of such livestock, conditioned to pay such costs and 77 damages; thereafter, within 10 days, the owner shall institute 78 suit in equity to have the damage adjudicated by a court of 79 equity or referred to a jury if requested by either party to 80 such suit. 81 Section 4. Section 828.073, Florida Statutes, is amended to 82 read: 83 828.073 Animals found in distress; when agent may take84charge; hearing; disposition; sale.— 85 (1) The purpose of this section is to provide a means by 86 which a neglected or mistreated animal maycanbe: 87 (a) Removed from its present custody, or 88 (b) Made the subject of an order to provide care, issued to 89 its owner by the county court, any law enforcement officer, any 90 animal control officer certified pursuant to s. 828.27, or any 91 agent of anythecounty or of any society or association for the 92 prevention of cruelty to animals appointed under s. 828.03, 93 94 and protectedgiven protectionand disposed of appropriately and 95 humanelyan appropriate and humane disposition made. 96 (2) Any law enforcement officer, any animal control officer 97 certified pursuant to s. 828.27, or any agent of any county or 98 of any society or association for the prevention of cruelty to 99 animals appointed underthe provisions ofs. 828.03 may: 100 (a) Lawfully take custody of any animal found neglected or 101 cruelly treated by removing the animal from its present 102 location, or 103 (b) Order the owner of any animal found neglected or 104 cruelly treated to provide certain care to the animal at the 105 owner’s expense without removal of the animal from its present 106 location, 107 108 and shall file a petition seeking relief under this section in 109 the county court of the county in which the animal is found 110 within 10 days after the animal is seized or an order to provide 111 care is issued. The court shall schedule and commence a hearing 112 on the petition within 30 days after the petition is filed to 113 determine whether the owner, if known, is able to adequately 114 provideadequatelyfor the animal and is fit to have custody of 115 the animal. The hearing shall be concluded and the court order 116 entered thereon within 60 days after the date the hearing is 117 commenced. The timeframes set forth in this subsection are not 118 jurisdictional. However, if a failure to meet such timeframes is 119 attributable to the officer or agent, the owner is not required 120 to pay the officer or agent for care of the animal during any 121 period of delay caused by the officer or agent. A fee may not be 122 charged for filing the petition. This subsection does not 123 require court action forthetakingintocustody and properly 124 disposingmaking proper dispositionof stray or abandoned 125 animals as lawfully performed by animal control agents. 126 (3) The law enforcement officer, the animal control officer 127 certified pursuant to s. 828.27, or the agent of any county or 128 of any society or association for the prevention of cruelty to 129 animals taking custodychargeof ananyanimal pursuant tothe130provisions ofthis section shall have written notice served, at 131 least 3 days before the hearing scheduled under subsection (2), 132 upon the owner of the animal, if he or she is known and is 133 residing in the county where the animal was taken, in accordance 134conformancewiththe provisions ofchapter 48 relating to 135 service of process. The sheriff of the county mayshallnot 136 charge a fee for service of such notice. 137 (4)(a) The law enforcement officer, the animal control 138 officer certified pursuant to s. 828.27, or the agent of any 139 county or of any society or association for the prevention of 140 cruelty to animals taking custodychargeof an animal pursuant 141 toas provided for inthis section shall provide for the animal 142 until either: 143 1. The owner is adjudged by the court to be able to 144 adequately provideadequatelyfor, and have custody of, the 145 animal, in which case the animal shall be returned to the owner 146 upon payment by the owner for the care and provision for the 147 animal while in the agent’s or officer’s custody; or 148 2. The animal is turned over to the officer or agent 149 pursuant toas provided inparagraph (c) and humanely disposed 150 ofa humane disposition of the animal is made. 151 (b) If the court determines that the owner is able to 152 provide adequately for, and have custody of, the animal, the 153 order shall provide that the animal in the possession of the 154 officer or agent be claimed and removed by the owner within 7 155 days after the date of the order. 156 (c) Upon the court’s judgment that the owner of the animal 157 is unable or unfit to adequately provide for the animal: 158 1. The court may: 159 a. Order that the current owner have no further custody of 160 the animal and that the animal be sold by the sheriff at public 161 auction or, that the current owner have no further custody of162the animal, and that any animal not bid upon beremanded to the 163 custody of the Society for the Prevention of Cruelty to Animals, 164 the Humane Society, the county, the municipality with animal 165 control officers certified pursuant to s. 828.27, or any agency 166 or person the judge deems appropriate,to be disposed of as the 167 agency or person sees fit; or 168 b. Order that the animal be destroyed or remanded directly 169 to the custody of the Society for the Prevention of Cruelty to 170 Animals, the Humane Society, the county, the municipality with 171 animal control officers certified pursuant to s. 828.27, or any 172 agency or person the judge deems appropriate,to be disposed of 173 as the agency or person sees fit. 174 2. The court, upon proof of costs incurred by the officer 175 or agent, may require that the owner pay for the care of the 176 animal while in the custody of the officer or agent. A separate 177 hearing may be held. 178 3. The court may order that other animals that are in the 179 custody of the owner and that were not seized by the officer or 180 agent be turned over to the officer or agent,if the court 181 determines that the owner is unable or unfit to adequately 182 provide for the animals. The court may enjoin the owner’s 183 further possession or custody of other animals. 184 (5) In determining the person’s fitness to have custody of 185 an animalunder the provisions of this act, the court may 186 consider, among other matters: 187 (a) Testimony from the agent or officer who seized the 188 animal and other witnesses as to the condition of the animal 189 when seized and as to the conditions under which the animal was 190 kept. 191 (b) Testimony and evidence as to the veterinary care 192 provided to the animal. 193 (c) Testimony and evidence as to the type and amount of 194 care provided to the animal. 195 (d) Expert testimony as to the community standards for 196 proper and reasonable care of the same type of animal. 197 (e) Testimony from any witnesses as to prior treatment or 198 condition of this or other animals in the same custody. 199 (f) The owner’s past record of judgments pursuant tounder200the provisions ofthis chapter. 201 (g) Convictions pursuant to applicableunder thestatutes 202 prohibiting cruelty to animals. 203 (h)AnyOther evidence the court considers to be material 204 or relevant. 205 (6) If the evidence indicates a lack of proper and 206 reasonable care of the animal, the burden is on the owner to 207 demonstrate by clear and convincing evidence that he or she is 208 able and fit to have custody of and adequately provide 209adequatelyfor the animal. 210 (7) In any case in which an animal is offered for auction 211 underthe provisions ofthis section, the proceeds shall be: 212 (a) Applied, first, to the cost of the sale. 213 (b) Applied, secondly, to the care of and provision for the 214 animal by the law enforcement officer, the animal control 215 officer certified pursuant to s. 828.27, or the agent of any 216 county or of any society or association for the prevention of 217 cruelty to animals taking custodycharge. 218 (c) Applied, thirdly, to the payment of the owner for the 219 sale of the animal. 220 (d) Paid over to the court if the owner is not known. 221 Section 5. Subsection (4) of section 828.27, Florida 222 Statutes, is amended, and subsection (8) is added to that 223 section, to read: 224 828.27 Local animal control or cruelty ordinances; 225 penalty.— 226 (4)(a)1. County-employed animal control officers must 227shall, and municipally employed animal control officers may, 228 successfully complete a 40-hour minimum standards training 229 course. Such course mustshallinclude, but is not limited to, 230 training for: animal cruelty investigations, search and seizure, 231 animal handling, courtroom demeanor, and civil citations. The 232 course curriculum must be approved by the Florida Animal Control 233 Association. An animal control officer who successfully 234 completes such course shall be issued a certificate indicating 235 that he or she has received a passing grade. 236 2. Any animal control officer who is authorized before 237prior toJanuary 1, 1990, by a county or municipality to issue 238 citations is not required to complete the minimum standards 239 training course. 240 3. In order to maintain valid certification, every 2 years 241 each certifiedcounty-employedanimal control officer mustshall242 complete 4 hours of postcertification continuing education 243 training. Such training may include, but is not limited to, 244 training for: animal cruelty investigations, search and seizure, 245 animal handling, courtroom demeanor, and civil citations. 246 (b)1.The governing body of a county or municipality may 247 impose and collect a surcharge of up to $5 upon each civil 248 penalty imposed for violation of an ordinance relating to animal 249 control or cruelty. The proceeds from such surcharges shall be 250 used to pay the costs of training for animal control officers. 2512. In addition to the uses set forth in subparagraph 1., a252county, as defined in s. 125.011, may use the proceeds specified253in that subparagraph and any carryover or fund balance from such254proceeds for animal shelter operating expenses. This255subparagraph expires July 1, 2014.256 (8) This section is an additional, supplemental, and 257 alternative means of enforcing county or municipal codes or 258 ordinances. This section does not prohibit a county or 259 municipality from enforcing its codes or ordinances by any other 260 means, including, but not limited to, the procedures provided in 261 chapter 162. 262 Section 6. This act shall take effect July 1, 2015.