Senate Bill sb2058e1
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1 A bill to be entitled
2 An act relating to animal control; amending s.
3 767.12, F.S.; revising provisions relating to
4 procedures for having dogs declared dangerous;
5 authorizing animal control authorities to make
6 such declarations; providing for evidentiary
7 hearings; requiring confinement of animals
8 during the hearing process; requiring owners of
9 dangerous dogs to purchase an annual
10 certificate; providing for local governments to
11 authorize certain regulations; providing that
12 certain dogs brought into a jurisdiction to
13 register and must comply with the act; amending
14 s. 767.13, F.S.; requiring owners to pay for
15 boarding during certain hearings and appeals
16 and allowing the authority to euthanize an
17 animal and obtain reimbursement from the owner
18 under specified circumstances; amending s.
19 828.055, F.S.; authorizing additional drugs for
20 which permits may be issued for the capture or
21 euthanasia of animals; amending s. 828.058,
22 F.S.; requiring chemical immobilization
23 training, which training must be approved by
24 the Board of Veterinary Medicine; amending s.
25 828.03, F.S.; requiring training for certain
26 agents of counties or societies that may
27 prosecute violators; amending s. 828.073, F.S.;
28 authorizing officers and agents of
29 municipalities to take actions with respect to
30 animals in distress and officers and agents of
31 counties; amending s. 828.27, F.S.; redefining
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1 the term "animal control officer"; increasing
2 training requirements; providing an effective
3 date.
4
5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Section 767.12, Florida Statutes, is
8 amended to read:
9 767.12 Classification of dogs as dangerous;
10 certification of registration; notice and hearing
11 requirements; confinement of animal; exemption; appeals;
12 unlawful acts.--
13 (1)(a) An animal control authority shall investigate
14 reported incidents involving any dog that may be dangerous and
15 shall, if possible, interview the owner and require a sworn
16 affidavit from any person, including any animal control
17 officer or enforcement officer, desiring to have a dog
18 classified as dangerous. Any animal that is the subject of a
19 dangerous dog investigation, that is not impounded with the
20 animal control authority, shall be humanely and safely
21 confined by the owner in a securely fenced or enclosed area
22 pending the outcome of the investigation and resolution of any
23 hearings related to the dangerous dog classification. The
24 address of where the animal resides shall be provided to the
25 animal control authority. No dog that is the subject of a
26 dangerous dog investigation may be relocated or ownership
27 transferred pending the outcome of an investigation or any
28 hearings related to the determination of a dangerous dog
29 classification. In the event that a dog is to be destroyed,
30 the dog shall not be relocated or ownership transferred.
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1 (b) A dog shall not be declared dangerous if the
2 threat, injury, or damage was sustained by a person who, at
3 the time, was unlawfully on the property or, while lawfully on
4 the property, was tormenting, abusing, or assaulting the dog
5 or its owner or a family member. No dog may be declared
6 dangerous if the dog was protecting or defending a human being
7 within the immediate vicinity of the dog from an unjustified
8 attack or assault.
9 (c) After the investigation, the animal control
10 authority shall review data collected during the
11 investigation, shall make an initial determination as to
12 whether there is sufficient cause to classify the dog as
13 dangerous, and may make and shall afford the owner an
14 opportunity for a hearing prior to making a final
15 determination declaring the dog dangerous. The animal control
16 authority shall provide written notification of the
17 sufficient-cause sufficient cause finding, to the owner, by
18 certified registered mail, certified hand delivery, or service
19 in conformance with the provisions of chapter 48 relating to
20 service of process. The owner may file a written request for
21 an evidentiary a hearing in county court or an administrative
22 hearing, as determined by local ordinance, to challenge the
23 sufficient-cause finding within 7 calendar days after from the
24 date of receipt of the notification of the sufficient-cause
25 sufficient cause finding. A and, if requested, the hearing
26 shall be held as soon as possible, but not more than 21
27 calendar days, or as soon thereafter as is practical, and no
28 sooner than 5 days after receipt of the request from the
29 owner. If the owner does not request a hearing within the
30 7-day period, the dog shall automatically be declared
31 dangerous without further action. Each applicable local
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1 governing authority shall establish hearing procedures that
2 conform to this paragraph.
3 (d) Upon receipt of notice of the finding of
4 sufficient cause, the owner Once a dog is classified as a
5 dangerous dog, the animal control authority shall provide
6 written notification to the owner by registered mail,
7 certified hand delivery or service, and the owner may file a
8 written request for a hearing in the county court to appeal
9 the classification within 10 business days after receipt of a
10 written determination of dangerous dog classification and must
11 confine the dog in a securely fenced or enclosed area pending
12 a resolution of the matter appeal. The animal control
13 authority may not impose any restrictions upon a dog that has
14 not yet been classified as dangerous, except for confinement
15 or impoundment of the animal and for prohibiting the
16 relocation or transfer of ownership of the animal. Each
17 applicable local governing authority must establish appeal
18 procedures that conform to this paragraph.
19 (2) Within 14 days after a dog has been classified as
20 dangerous by the animal control authority or the findings have
21 been a dangerous dog classification is upheld by the county
22 court on appeal, the owner of the dog must obtain a
23 certificate of registration for the dog from the animal
24 control authority in serving the area in which he or she
25 resides, which and the certificate must shall be renewed
26 annually. Animal control authorities are authorized to issue
27 such Certificates of registration, and renewals thereof, may
28 be issued only to persons who are at least 18 years of age and
29 who present to the animal control authority sufficient
30 evidence of:
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1 (a) A current certificate of rabies vaccination for
2 the dog.
3 (b) A proper enclosure in which to confine the a
4 dangerous dog and the posting of the premises with a clearly
5 visible warning sign at all entry points that informs both
6 children and adults that of the presence of a dangerous dog is
7 on the property.
8 (c) Permanent identification of the dog, such as a
9 tattoo on the inside thigh or electronic implantation.
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11 The appropriate local governmental unit may impose an annual
12 fee for the issuance of certificates of registration and may
13 impose more stringent requirements that it considers
14 appropriate required by this section.
15 (3) The owner shall immediately notify the appropriate
16 animal control authority when a dog that has been classified
17 as dangerous:
18 (a) Is loose or unconfined.
19 (b) Has bitten a human being or attacked another
20 animal.
21 (c) Is sold, given away, or dies.
22 (d) Is moved to another address.
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24 Before Prior to a dangerous dog is being sold or given away,
25 the owner must shall provide the name, address, and telephone
26 number of the new owner to the animal control authority. The
27 new owner must comply with all of the requirements of this act
28 and applicable implementing local ordinances, even if the
29 animal is moved from one local jurisdiction to another within
30 the state. The owner of an animal that is brought into this
31 state from another state where it was subjected to
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1 restrictions similar to this section must comply with this
2 section. The local animal control authority officer must be
3 notified by the owner of a dog classified as dangerous or
4 subject to similar restrictions in another state that the dog
5 is in its his or her jurisdiction.
6 (4) It is unlawful for the owner of a dangerous dog to
7 permit the dog to be outside a proper enclosure unless the dog
8 is muzzled, and restrained by a substantial chain or leash,
9 and under control of a competent person. The muzzle must be
10 made in a manner that will not cause injury to the dog or
11 interfere with its vision or respiration but will prevent it
12 from biting any person or animal. The owner may exercise the
13 dog in a securely fenced or enclosed area that does not have a
14 top, without a muzzle or leash, if the dog remains within his
15 or her sight. and Only members of the immediate household who
16 are or persons 18 years of age or older are allowed in the
17 enclosure when the dog is present. When being transported,
18 such dogs must be safely and securely restrained within a
19 vehicle.
20 (5) Hunting dogs are exempt from the provisions of
21 this act when engaged in any legal hunt or training procedure.
22 Dogs engaged in training or exhibiting in legal sports such as
23 obedience trials, conformation shows, field trials,
24 hunting/retrieving trials, and herding trials are exempt from
25 the provisions of this act when engaged in any legal
26 procedures. However, such dogs at all other times in all other
27 respects are shall be subject to this and local laws. Dogs
28 that have been classified as dangerous may shall not be used
29 for hunting purposes.
30 (6) This section does not apply to dogs used by law
31 enforcement officials for law enforcement work.
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1 (7) Any person who violates any provision of this
2 section is guilty of a noncriminal infraction, punishable by a
3 fine not exceeding $500.
4 Section 2. Section 767.13, Florida Statutes, is
5 amended to read:
6 767.13 Attack or bite by dangerous dog; penalties;
7 confiscation; destruction.--
8 (1) If a dog that has previously been declared
9 dangerous attacks or bites a person or a domestic animal
10 without provocation, the owner is guilty of a misdemeanor of
11 the first degree, punishable as provided in s. 775.082 or s.
12 775.083. In addition, the dangerous dog shall be immediately
13 confiscated by an animal control authority, placed in
14 quarantine, if necessary, for the proper length of time, or
15 impounded and held for 10 business days after the owner is
16 given written notification under s. 767.12, and thereafter
17 destroyed in an expeditious and humane manner. This 10-day
18 time period shall allow the owner to request a hearing under
19 s. 767.12. The owner shall be responsible for payment of all
20 boarding costs and other fees as may be required to humanely
21 and safely keep the animal during any hearing process or
22 appeal procedure. If an owner does not pay any required
23 boarding costs, the animal control authority may euthanize the
24 dog and obtain reimbursement from the owner.
25 (2) If a dog that has not been declared dangerous
26 attacks and causes severe injury to or death of any human, the
27 dog shall be immediately confiscated by an animal control
28 authority, placed in quarantine, if necessary, for the proper
29 length of time or held for 10 business days after the owner is
30 given written notification under s. 767.12, and thereafter
31 destroyed in an expeditious and humane manner. This 10-day
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1 time period shall allow the owner to request a hearing under
2 s. 767.12. The owner shall be responsible for payment of all
3 boarding costs and other fees as may be required to humanely
4 and safely keep the animal during any hearing process or
5 appeal procedure. If an owner does not pay any required
6 boarding costs, the animal control authority may euthanize the
7 animal and obtain reimbursement from the owner. In addition,
8 if the owner of the dog had prior knowledge of the dog's
9 dangerous propensities, yet demonstrated a reckless disregard
10 for such propensities under the circumstances, the owner of
11 the dog is guilty of a misdemeanor of the second degree,
12 punishable as provided in s. 775.082 or s. 775.083.
13 (3) If a dog that has previously been declared
14 dangerous attacks and causes severe injury to or death of any
15 human, the owner is guilty of a felony of the third degree,
16 punishable as provided in s. 775.082, s. 775.083, or s.
17 775.084. In addition, the dog shall be immediately confiscated
18 by an animal control authority, placed in quarantine, if
19 necessary, for the proper length of time or held for 10
20 business days after the owner is given written notification
21 under s. 767.12, and thereafter destroyed in an expeditious
22 and humane manner. This 10-day time period shall allow the
23 owner to request a hearing under s. 767.12. The owner shall be
24 responsible for payment of all boarding costs and other fees
25 as may be required to humanely and safely keep the animal
26 during any appeal procedure. If the owner does not pay any
27 required boarding costs, the animal control authority may
28 euthanize the animal and obtain reimbursement from the owner.
29 (4) Except as provided in this act if the owner files
30 a written hearing request appeal under s. 767.12 or this
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1 section, the dog must be held and may not be destroyed while
2 the hearing or appeal is pending.
3 (5) If a dog attacks or bites a person who is engaged
4 in or attempting to engage in a criminal activity at the time
5 of the attack, the owner is not guilty of any crime specified
6 under this section.
7 Section 3. Section 828.055, Florida Statutes, is
8 amended to read:
9 828.055 Sodium pentobarbital; Permits for drug use in
10 chemical capture and euthanasia of domestic animals.--
11 (1) The Board of Pharmacy shall adopt rules providing
12 for the issuance of permits authorizing the purchase,
13 possession, and use of legend drugs, including controlled
14 substances listed in chapter 893, as recommended by the Board
15 of Veterinary Medicine for sodium pentobarbital and sodium
16 pentobarbital with lidocaine by county or municipal animal
17 control agencies state agencies with animal related duties, or
18 humane societies registered with the Secretary of State for
19 the purpose of euthanizing injured, sick, or abandoned or
20 otherwise unclaimed domestic animals that which are in their
21 lawful possession.
22 (a) County or municipal animal control agencies, state
23 agencies with animal related duties, or humane societies with
24 government contracts for animal control may purchase, possess,
25 and use permitted legend drugs for the purpose of
26 tranquilizing or sedating and euthanizing injured, sick,
27 abandoned, or otherwise unclaimed animals that are in their
28 lawful possession, and for chemical immobilization of animals
29 when other methods of capture are ineffective or impractical.
30 (b) Humane societies without government contracts for
31 animal control may purchase, possess, and use permitted legend
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1 drugs only for the purpose of tranquilizing or sedating and
2 euthanizing injured, sick, abandoned, or otherwise unclaimed
3 animals that are in their lawful possession.
4 (2) The rules shall set forth a list of legend drugs
5 permitted for the agencies listed in paragraph (1)(a) and
6 those listed in paragraph (1)(b) and guidelines for the proper
7 storage and handling of these legend drugs sodium
8 pentobarbital and sodium pentobarbital with lidocaine and such
9 other provisions as may be necessary to ensure that the drugs
10 are used solely for the purpose set forth in this section.
11 The rules shall also provide for an application fee not to
12 exceed $50 and a biennial renewal fee not to exceed $50.
13 (3)(2) Any county or municipal animal control agency
14 or any humane society registered with the Secretary of State
15 may apply to the Department of Health Business and
16 Professional Regulation for a permit to purchase, possess, and
17 use legend drugs, including controlled substances listed in
18 chapter 893, sodium pentobarbital or sodium pentobarbital with
19 lidocaine pursuant to subsection (1). Upon certification by
20 the board that the applicant meets the qualifications set
21 forth in the rules, the department shall issue the permit.
22 (4)(3) The board may revoke or suspend the permit upon
23 a determination that the permittee is using legend drugs
24 sodium pentobarbital or sodium pentobarbital with lidocaine
25 for any purpose other than that set forth in this section or
26 if the permittee fails to follow the rules of the board
27 regarding proper storage and handling.
28 Section 4. Section 828.058, Florida Statutes, is
29 amended to read:
30 828.058 Euthanasia and chemical immobilization of
31 animals dogs and cats.--
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1 (1) Sodium pentobarbital, a sodium pentobarbital
2 derivative, or other agent the Board of Veterinary Medicine
3 recommends to the Board of Pharmacy for inclusion may approve
4 by rule shall be the only agents methods used for euthanasia
5 of animals dogs and cats by public or private agencies, animal
6 shelters, or other facilities which are operated for the
7 collection and care of stray, neglected, abandoned, or
8 unwanted animals. A lethal solution shall be used in the
9 following order of preference:
10 (a) Intravenous injection by hypodermic needle;
11 (b) Intraperitoneal injection by hypodermic needle;
12 (c) Intracardial injection by hypodermic needle; or
13 (d) Solution or powder added to food.
14 (2) Animals A dog or cat may be sedated tranquilized
15 with an approved and humane agent that the Board of Veterinary
16 Medicine recommends to the Board of Pharmacy substance before
17 euthanasia is performed or when immobilizing animals in order
18 to facilitate capture or control.
19 (3) Public or private agencies, animal shelters, or
20 other facilities that are operated for the collection and care
21 of stray, neglected, abandoned or unwanted animals are not
22 permitted to use succinylcholine chloride, curare, curariform
23 mixtures, any substance which acts as a neuromuscular blocking
24 agent, or a chamber which causes a change in body oxygen may
25 not be used on animals a dog or cat for any purpose. However,
26 whenever an emergency situation exists which requires the
27 immediate euthanasia of an injured, diseased, or dangerous
28 animal, a law enforcement officer, a veterinarian, or an agent
29 of a local animal control unit or the designee of such an
30 agent may humanely destroy the animal, as provided in s.
31 828.05.
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1 (4)(a) Euthanasia shall be performed only by a
2 licensed veterinarian or an employee or agent of a public or
3 private agency, animal shelter, or other facility that is
4 operated for the collection and care of stray, neglected,
5 abandoned, or unwanted animals, provided the employee or agent
6 has successfully completed a 16-hour euthanasia technician
7 certification course. The curriculum for such course must be
8 approved by the Board of Veterinary Medicine and must include,
9 at a minimum, the pharmacology, proper administration, and
10 storage of euthanasia solutions; federal and state laws
11 regulating the storage and accountability of euthanasia
12 solutions; euthanasia technician stress management; and proper
13 disposal of euthanized animals. An employee or agent
14 performing euthanasia before October 1, 1993, must obtain
15 certification by October 1, 1994. An employee or agent who
16 begins performing euthanasia on or after October 1, 1993, must
17 obtain certification before performing any euthanasia.
18 However, a certified veterinarian technician who is an
19 employee or agent as defined in the subsection, may perform
20 euthanasia without completing the certification course
21 required by this subsection. Euthanasia must be performed in a
22 humane and proficient manner.
23 (b) Chemical immobilization shall be performed only by
24 a veterinarian, certified veterinary technician, employee of a
25 state agency with animal related responsibilities, animal
26 control personnel, or personnel from a humane society that is
27 registered with the Secretary of State and has a government
28 contract for animal control. Except for veterinarians or
29 certified veterinary technicians, all other persons performing
30 chemical immobilization must have successfully completed a
31 16-hour chemical immobilization certification course. The
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1 curriculum for such course must be approved by the Board of
2 Veterinary Medicine and must include, as a minimum, the
3 pharmacology, proper administration, record keeping, and
4 storage of chemical immobilization solutions; chemical
5 immobilization technology; animal behavior; postimmobilization
6 procedures; and marksmanship training.
7 (5)(b) No animal dog or cat may be left unattended
8 between the time euthanasia procedures are first begun and the
9 time death occurs, nor may its body be disposed of until death
10 is confirmed by a qualified person. In the case of chemical
11 immobilization, no animal may be left unattended between the
12 time of chemical immobilization and return to sternal
13 recumbency.
14 (6)(5) The state attorney may bring an action to
15 enjoin any violation of this act.
16 (7)(6) Any person who violates the provisions of this
17 act is guilty of a misdemeanor of the first degree, punishable
18 as provided in s. 775.082 or s. 775.083.
19 Section 5. Subsection (3) is added to section 828.03,
20 Florida Statutes, to read:
21 828.03 Agents of counties, societies, etc., may
22 prosecute violators.--
23 (3) Any agent appointed after July 1, 2001, under this
24 section shall successfully complete the 40 hour minimum
25 standards training course required by s. 828.27(4)(a)1. within
26 1 year of appointment. If such agents utilize devices to
27 chemically immobilize an animal, they must complete the 16
28 hours of training required by s. 828.27(1)(b). They shall also
29 be required to comply with s. 828.27(4)(a)3. regarding
30 postcertification continuing education training. Any agent who
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1 was appointed prior to July 1, 2001, under this statute is not
2 required to complete the minimum standards training course.
3 Section 6. Subsections (2) and (3), paragraph (a) of
4 subsection (4), paragraph (b) of subsection (7) of section
5 828.073, Florida Statutes, are amended to read:
6 828.073 Animals found in distress; when agent may take
7 charge; hearing; disposition; sale.--
8 (2) Any law enforcement officer or any agent of any
9 county or municipality or of any society or association for
10 the prevention of cruelty to animals appointed under the
11 provisions of s. 828.03 may:
12 (a) Lawfully take custody of any animal found
13 neglected or cruelly treated by removing the animal from its
14 present location, or
15 (b) Order the owner of any animal found neglected or
16 cruelly treated to provide certain care to the animal at the
17 owner's expense without removal of the animal from its present
18 location,
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20 and shall forthwith petition the county court judge of the
21 county wherein the animal is found for a hearing, to be set
22 within 30 days after the date of seizure of the animal or
23 issuance of the order to provide care and held not more than
24 15 days after the setting of such date, to determine whether
25 the owner, if known, is able to provide adequately for the
26 animal and is fit to have custody of the animal. The hearing
27 shall be concluded and the court order entered thereon within
28 60 days after the date the hearing is commenced. No fee shall
29 be charged for the filing of the petition. Nothing herein is
30 intended to require court action for the taking into custody
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1 and making proper disposition of stray or abandoned animals as
2 lawfully performed by animal control agents.
3 (3) The officer or agent of any county or municipality
4 or of any society or association for the prevention of cruelty
5 to animals taking charge of any animal pursuant to the
6 provisions of this section shall have written notice served,
7 at least 5 days prior to the hearing set forth in subsection
8 (2), upon the owner of the animal, if he or she is known and
9 is residing in the county where the animal was taken, in
10 conformance with the provisions of chapter 48 relating to
11 service of process. The sheriff of the county shall not
12 charge a fee for service of such notice. If the owner of the
13 animal is known but is residing outside of the county wherein
14 the animal was taken, notice of the hearing shall be by
15 publication in conformance with the provisions of chapter 49.
16 (4)(a) The officer or agent of any county or
17 municipality or of any society or association for the
18 prevention of cruelty to animals taking charge of an animal as
19 provided for in this section shall provide for the animal
20 until either:
21 1. The owner is adjudged by the court to be able to
22 provide adequately for, and have custody of, the animal, in
23 which case the animal shall be returned to the owner upon
24 payment by the owner for the care and provision for the animal
25 while in the agent's or officer's custody; or
26 2. The animal is turned over to the officer or agent
27 as provided in paragraph (c) and a humane disposition of the
28 animal is made.
29 (7) In any case in which an animal is offered for
30 auction under the provisions of this section, the proceeds
31 shall be:
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1 (b) Applied, secondly, to the care and provision for
2 the animal by the officer or agent of any county or
3 municipality or of any society or association for the
4 prevention of cruelty to animals taking charge.
5 Section 7. Paragraph (b) of subsection (1) and
6 paragraph (a) of subsection (4) of section 828.27, Florida
7 Statutes, are amended to read:
8 828.27 Local animal control or cruelty ordinances;
9 penalty.--
10 (1) As used in this section, the term:
11 (b) "Animal control officer" means any person employed
12 or appointed by a county or municipality who is authorized to
13 investigate, on public or private property, civil infractions
14 relating to animal control or cruelty and to issue citations
15 as provided in this section. An animal control officer is not
16 authorized to bear firearms arms or make arrests; however,
17 such officer may carry a device to chemically subdue and
18 tranquilize an animal, provided that such officer has
19 successfully completed a minimum of 16 hours of training in
20 marksmanship, equipment handling, safety and animal care, and
21 can demonstrate proficiency in chemical immobilization of
22 animals as outlined in s. 828.058(4) in accordance with
23 guidelines prescribed in the Chemical Immobilization
24 Operational Guide of the American Humane Association. In
25 addition, with approval of the local governing authority, an
26 animal control officer may carry a legal firearm other than a
27 handgun in the official conveyance when such firearm is
28 carried solely for the lawful use outlined in s. 828.05(3) and
29 provided that such officer has successfully completed a
30 state-approved gun safety course and the euthanasia
31 certification course outlined in s. 828.058(4)(a).
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1 (4)(a)1. County-employed animal control officers
2 shall, and municipally employed animal control officers may,
3 successfully complete a 40-hour minimum standards training
4 course. Such course shall include, but is not limited to,
5 training for: animal cruelty investigations, search and
6 seizure, animal handling, courtroom demeanor, and civil
7 citations. The course curriculum must be approved by the
8 Florida Animal Control Association. An animal control officer
9 who successfully completes such course shall be issued a
10 certificate indicating that he or she has received a passing
11 grade.
12 2. Any animal control officer who is authorized prior
13 to January 1, 1990, by a county or municipality to issue
14 citations is not required to complete the minimum standards
15 training course.
16 3. In order to maintain valid certification, every 2
17 years each certified county-employed animal control officer
18 shall complete 8 4 hours of postcertification continuing
19 education training. Such training may include, but is not
20 limited to, training for: animal cruelty investigations,
21 search and seizure, animal handling, courtroom demeanor, and
22 civil citations.
23 Section 8. This act shall take effect upon becoming a
24 law.
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