Florida Senate - 2015                                     SB 420
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-00276A-15                                           2015420__
    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 livestock as an alternative to
    5         sale or auction; amending s. 588.18, F.S.; requiring a
    6         designated impounder to establish fees and to be
    7         responsible for damages caused while impounding
    8         livestock; amending s. 588.20, F.S.; clarifying that
    9         the requirements for reporting a sale or disposition
   10         apply only if the impounded livestock is offered for
   11         sale; amending s. 588.23, F.S.; conforming provisions
   12         to changes made by this act; amending s. 828.03, F.S.;
   13         authorizing specified municipalities to appoint agents
   14         for the purpose of investigating violations of certain
   15         laws; amending s. 828.073, F.S.; conforming provisions
   16         to changes made by the act; authorizing agents
   17         appointed by specified municipalities to take charge
   18         of certain animals; authorizing certain municipalities
   19         to take custody of an animal found neglected or
   20         cruelly treated or to order the owner of such an
   21         animal to provide certain care at the owner’s expense;
   22         authorizing county courts to remand animals to the
   23         custody of certain municipalities; authorizing courts
   24         to require the owner of an animal to pay for the care
   25         of the animal while in the care of an officer’s
   26         designee; authorizing the allocation of auction
   27         proceeds to certain municipalities; amending s.
   28         828.27, F.S.; deleting obsolete provisions; clarifying
   29         that certain provisions relating to local animal
   30         control are not the exclusive means of enforcing
   31         animal control laws; providing an effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Section 588.17, Florida Statutes, is amended to
   36  read:
   37         588.17 Disposition of impounded livestock.—
   38         (1) Upon the impounding of any Livestock impounded pursuant
   39  to this chapter shall be disposed of by sale or auction,
   40  adoption, or humane disposition. by the sheriff or his or her
   41  deputies or designees, or any other law enforcement officers of
   42  the county, the county animal control center, or state highway
   43  patrol officers,
   44         (1) If the livestock is to be offered for sale, the sheriff
   45  shall forthwith serve written notice upon the owner, advising
   46  the such owner of the location or place where the livestock is
   47  being held and impounded, of the amount due by reason of the
   48  such impounding, and that unless the such livestock is be
   49  redeemed within 3 days from date thereof that the livestock will
   50  same shall be offered for sale.
   51         (a)(2)If In the event the owner of the such livestock is
   52  unknown or cannot be found, service upon the owner shall be
   53  obtained by once publishing a notice in a newspaper of general
   54  circulation where the livestock is impounded (Sundays and
   55  holidays excluded). If there is be no such newspaper, then by
   56  posting of the notice shall be posted at the courthouse door and
   57  at two other conspicuous places within the said county.
   58         Such notice shall be in substantially the following form:
   59  
   60  “TO WHOM IT MAY CONCERN:
   61         YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING DESCRIBED
   62  LIVESTOCK ...(GIVING FULL AND ACCURATE DESCRIPTION OF SAME,
   63  INCLUDING MARKS AND BRANDS)... IS NOW IMPOUNDED AT ...(GIVING
   64  LOCATION WHERE LIVESTOCK IS IMPOUNDED)... AND THE AMOUNT DUE BY
   65  REASON OF SUCH IMPOUNDING IS .... DOLLARS. THE ABOVE DESCRIBED
   66  LIVESTOCK WILL, UNLESS REDEEMED WITHIN 3 DAYS FROM DATE HEREOF,
   67  BE OFFERED FOR SALE AT PUBLIC AUCTION TO THE HIGHEST AND BEST
   68  BIDDER FOR CASH.
   69  ...(DATE)...                                     ...(SHERIFF)...
   70  OF .... COUNTY, FLORIDA”
   71  
   72         (b)(3) Unless the impounded livestock is redeemed within 3
   73  days after from date of notice, the sheriff shall forthwith give
   74  notice of sale, thereof which shall be held at least not less
   75  than 5 days but not nor more than 10 days (excluding Sundays and
   76  holidays) after from the first publication of the notice of
   77  sale. The Said notice of sale shall be published in a newspaper
   78  of general circulation in the said county (excluding Sundays and
   79  holidays) and by posting a copy of the such notice at the
   80  courthouse door. If there is be no such newspaper, the then by
   81  posting such copy shall be posted at the courthouse door and at
   82  two other conspicuous places in the said county.
   83         Such notice of sale shall be in substantially the following
   84  form:
   85  
   86         “...(NAME OF OWNER, IF KNOWN, OTHERWISE ‘TO WHOM IT MAY
   87  CONCERN’)... YOU ARE HEREBY NOTIFIED THAT I WILL OFFER FOR SALE
   88  AND SELL AT PUBLIC SALE TO THE HIGHEST AND BEST BIDDER FOR CASH
   89  THE FOLLOWING DESCRIBED LIVESTOCK ...(GIVING FULL AND ACCURATE
   90  DESCRIPTION OF EACH HEAD OF LIVESTOCK)... AT .... O’CLOCK, ....
   91  M. (THE HOUR OF SALE TO BE BETWEEN 11 A.M. AND 2 P.M. EASTERN
   92  STANDARD TIME) ON THE .... DAY OF .... AT THE FOLLOWING PLACE
   93  .... (WHICH PLACE SHALL BE WHERE THE LIVESTOCK IS IMPOUNDED OR
   94  AT THE PLACE PROVIDED BY THE COUNTY COMMISSIONERS FOR THE TAKING
   95  UP AND KEEPING OF SUCH LIVESTOCK) TO SATISFY A CLAIM IN THE SUM
   96  OF .... FOR FEES, EXPENSES FOR FEEDING AND CARE AND COSTS
   97  HEREOF.
   98  ...(DATE)...                                     ...(SHERIFF)...
   99  OF .... COUNTY, FLORIDA”
  100  
  101         (2) If the livestock is to be offered for adoption or
  102  humanely disposed of, the designated impounder shall:
  103         (a) Provide written notice to the owner, if known, advising
  104  the owner of the location where the livestock is impounded, of
  105  the amount due by reason of the impounding, and that unless the
  106  livestock is redeemed within a timeframe to be established by
  107  the impounder, a period of at least 3 days, the livestock will
  108  be offered for adoption or disposed of humanely; or
  109         (b) If the owner is unknown or cannot be located, obtain
  110  service upon the owner by publishing a notice on the impounder’s
  111  website. If the livestock is not redeemed within a timeframe to
  112  be established by the impounder, a period of at least 3 days,
  113  the livestock will be offered for adoption or disposed of
  114  humanely.
  115         Section 2. Section 588.18, Florida Statutes, is amended to
  116  read:
  117         588.18 Livestock at large; fees.—The fees allowed for
  118  impounding, serving notice, care and feeding, advertising, and
  119  disposing of impounded animals shall be determined by the
  120  sheriff of each county or the designated impounder. Damages done
  121  by the sheriff, sheriff’s designees, or any other law
  122  enforcement officer or designated impounder in pursuit, or in
  123  the capture, handling, or care of the livestock are the sole
  124  responsibility of the sheriff, or other law enforcement agency,
  125  or designated impounder.
  126         Section 3. Subsection (1) of section 588.20, Florida
  127  Statutes, is amended to read:
  128         588.20 Report of sale and disposition of proceeds.—
  129         (1) The sheriff, upon making a sale or other disposal
  130  pursuant to s. 588.19 as herein provided, shall forthwith make a
  131  written return thereof to the clerk of the circuit court of such
  132  county, with a full and accurate description of the livestock
  133  sold or disposed of by her or him, to whom, and the sale price
  134  thereof, which report shall be filed by said clerk.
  135         Section 4. Section 588.23, Florida Statutes, is amended to
  136  read:
  137         588.23 Right of owner.—The owner of any impounded livestock
  138  has shall have the right at any time before the disposition sale
  139  thereof to redeem the livestock same by paying to the sheriff or
  140  designated impounder all impounding expenses, including fees,
  141  keeping charges, advertising, or other costs incurred therewith
  142  which sum shall be deposited by the sheriff or designated
  143  impounder with the clerk of the circuit court who shall pay all
  144  fees and costs as allowed in s. 588.18. If In the event there is
  145  a dispute as to the amount of such costs and expenses, the owner
  146  may give bond with sufficient sureties to be approved by the
  147  sheriff or designated impounder, in an amount to be determined
  148  by the sheriff or designated impounder, but not exceeding the
  149  fair cash value of such livestock, conditioned to pay such costs
  150  and damages; thereafter, within 10 days, the owner shall
  151  institute suit in equity to have the damage adjudicated by a
  152  court of equity or referred to a jury if requested by either
  153  party to such suit.
  154         Section 5. Section 828.03, Florida Statutes, is amended to
  155  read:
  156         828.03 Agents of counties, municipalities, societies, etc.,
  157  may prosecute violators.—
  158         (1) Any county, any municipality with animal control
  159  officers certified pursuant to s. 828.27, or any society or
  160  association for the prevention of cruelty to children or
  161  animals, organized under the laws of this state, may appoint
  162  agents for the purpose of investigating violations of any of the
  163  provisions of this chapter or any other law of the state for the
  164  purpose of protecting children and animals or preventing any act
  165  of cruelty thereto.
  166         (2) All appointments of such agents by such society
  167  societies or association corporations must have the approval of
  168  the mayor of the municipality city in which the society or
  169  association exists, and if the society or association exists or
  170  works outside a municipality of any city, the appointment must
  171  be approved by the county court judge or the judge of the
  172  circuit court for the county, and the mayor or judge shall keep
  173  a record of such appointment. The approval of the appointment of
  174  any agent by a county for either the incorporated or
  175  unincorporated areas of such county shall be by the county
  176  commission.
  177         Section 6. Section 828.073, Florida Statutes, is amended to
  178  read:
  179         828.073 Animals found in distress; when agent may take
  180  charge; hearing; disposition; sale.—
  181         (1) The purpose of this section is to provide a means by
  182  which a neglected or mistreated animal can be:
  183         (a) Removed from its present custody, or
  184         (b) Made the subject of an order to provide care, issued to
  185  its owner by the county court, any law enforcement officer, or
  186  any agent of the county, any agent of a municipality with animal
  187  control officers certified pursuant to s. 828.27, or any agent
  188  of a any society or association for the prevention of cruelty to
  189  animals appointed under s. 828.03,
  190  
  191  and given protection and an appropriate and humane disposition
  192  can be made.
  193         (2) A Any law enforcement officer, an or any agent of any
  194  county, any agent of a municipality with animal control officers
  195  certified pursuant to s. 828.27, or an agent of any society or
  196  association for the prevention of cruelty to animals appointed
  197  under the provisions of s. 828.03 may:
  198         (a) Lawfully take custody of any animal found neglected or
  199  cruelly treated by removing the animal from its present
  200  location, or
  201         (b) Order the owner of any animal found neglected or
  202  cruelly treated to provide certain care to the animal at the
  203  owner’s expense without removal of the animal from its present
  204  location,
  205  
  206  and shall file a petition seeking relief under this section in
  207  the county court of the county in which the animal is found
  208  within 10 days after the animal is seized or an order to provide
  209  care is issued. The court shall schedule and commence a hearing
  210  on the petition within 30 days after the petition is filed to
  211  determine whether the owner, if known, is able to provide
  212  adequately for the animal and is fit to have custody of the
  213  animal. The hearing shall be concluded and the court order
  214  entered thereon within 60 days after the date the hearing is
  215  commenced. The timeframes set forth in this subsection are not
  216  jurisdictional. However, if a failure to meet such timeframes is
  217  attributable to the officer or agent, the owner is not required
  218  to pay the officer or agent for care of the animal during any
  219  period of delay caused by the officer or agent. A fee may not be
  220  charged for filing the petition. This subsection does not
  221  require court action for the taking into custody and making
  222  proper disposition of stray or abandoned animals as lawfully
  223  performed by animal control agents.
  224         (3) The officer or agent of any county, any municipality
  225  with animal control officers certified pursuant to s. 828.27, or
  226  of any society or association for the prevention of cruelty to
  227  animals taking charge of any animal pursuant to the provisions
  228  of this section shall have written notice served, at least 3
  229  days before the hearing scheduled under subsection (2), upon the
  230  owner of the animal, if he or she is known and is residing in
  231  the county where the animal was taken, in conformance with the
  232  provisions of chapter 48 relating to service of process. The
  233  sheriff of the county may shall not charge a fee for service of
  234  such notice.
  235         (4)(a) The officer or agent of any county, any municipality
  236  with animal control officers certified pursuant to s. 828.27, or
  237  of any society or association for the prevention of cruelty to
  238  animals taking charge of an animal as provided for in this
  239  section shall provide for the animal until either:
  240         1. The owner is adjudged by the court to be able to provide
  241  adequately for, and have custody of, the animal, in which case
  242  the animal shall be returned to the owner upon payment by the
  243  owner for the care and provision for the animal while in the
  244  agent’s or officer’s custody; or
  245         2. The animal is turned over to the officer or agent as
  246  provided in paragraph (c) and a humane disposition of the animal
  247  is made.
  248         (b) If the court determines that the owner is able to
  249  provide adequately for, and have custody of, the animal, the
  250  order shall provide that the animal in the possession of the
  251  officer or agent be claimed and removed by the owner within 7
  252  days after the date of the order.
  253         (c) Upon the court’s judgment that the owner of the animal
  254  is unable or unfit to adequately provide for the animal:
  255         1. The court may:
  256         a. Order that the current owner have no further custody of
  257  the animal and that the animal be sold by the sheriff at public
  258  auction or, that the current owner have no further custody of
  259  the animal, and that any animal not bid upon be remanded to the
  260  custody of the Society for the Prevention of Cruelty to Animals,
  261  the Humane Society, the county, the municipality with animal
  262  control officers certified pursuant to s. 828.27, or any agency
  263  or person the judge deems appropriate, to be disposed of as the
  264  agency or person sees fit; or
  265         b. Order that the animal be destroyed or remanded directly
  266  to the custody of the Society for the Prevention of Cruelty to
  267  Animals, the Humane Society, the county, the municipality with
  268  animal control officers certified pursuant to s. 828.27, or any
  269  agency or person the judge deems appropriate, to be disposed of
  270  as the agency or person sees fit.
  271         2. The court, upon proof of costs incurred by the officer,
  272  the officer’s designee, or the agent, may require that the owner
  273  pay for the care of the animal while in the custody of the
  274  officer, the officer’s designee, or the agent. A separate
  275  hearing may be held.
  276         3. The court may order that other animals that are in the
  277  custody of the owner and that were not seized by the officer or
  278  agent be turned over to the officer or agent, if the court
  279  determines that the owner is unable or unfit to adequately
  280  provide for the animals. The court may enjoin the owner’s
  281  further possession or custody of other animals.
  282         (5) In determining the person’s fitness to have custody of
  283  an animal under the provisions of this act, the court may
  284  consider, among other matters:
  285         (a) Testimony from the agent or officer who seized the
  286  animal and other witnesses as to the condition of the animal
  287  when seized and as to the conditions under which the animal was
  288  kept.
  289         (b) Testimony and evidence as to the veterinary care
  290  provided to the animal.
  291         (c) Testimony and evidence as to the type and amount of
  292  care provided to the animal.
  293         (d) Expert testimony as to the community standards for
  294  proper and reasonable care of the same type of animal.
  295         (e) Testimony from any witnesses as to prior treatment or
  296  condition of this or other animals in the same custody.
  297         (f) The owner’s past record of judgments pursuant to under
  298  the provisions of this chapter.
  299         (g) Convictions pursuant to under the statutes prohibiting
  300  cruelty to animals.
  301         (h) Any Other evidence the court considers to be material
  302  or relevant.
  303         (6) If the evidence indicates a lack of proper and
  304  reasonable care of the animal, the burden is on the owner to
  305  demonstrate by clear and convincing evidence that he or she is
  306  able and fit to have custody of and provide adequately for the
  307  animal.
  308         (7) In any case in which an animal is offered for auction
  309  under the provisions of this section, the proceeds shall be:
  310         (a) Applied, first, to the cost of the sale.
  311         (b) Applied, secondly, to the care and provision for the
  312  animal by the officer or agent of any county, any municipality
  313  with animal control officers certified pursuant to s. 828.27, or
  314  of any society or association for the prevention of cruelty to
  315  animals taking charge.
  316         (c) Applied, thirdly, to the payment of the owner for the
  317  sale of the animal.
  318         (d) Paid over to the court if the owner is not known.
  319         Section 7. Subsection (4) of section 828.27, Florida
  320  Statutes, is amended, and subsection (8) is added to that
  321  section, to read:
  322         828.27 Local animal control or cruelty ordinances;
  323  penalty.—
  324         (4)(a)1. County-employed animal control officers must
  325  shall, and municipally employed animal control officers may,
  326  successfully complete a 40-hour minimum standards training
  327  course. Such course must shall include, but is not limited to,
  328  training for: animal cruelty investigations, search and seizure,
  329  animal handling, courtroom demeanor, and civil citations. The
  330  course curriculum must be approved by the Florida Animal Control
  331  Association. An animal control officer who successfully
  332  completes such course shall be issued a certificate indicating
  333  that he or she has received a passing grade.
  334         2. Any animal control officer who is authorized before
  335  prior to January 1, 1990, by a county or municipality to issue
  336  citations is not required to complete the minimum standards
  337  training course.
  338         3. In order to maintain valid certification, every 2 years
  339  each certified county-employed animal control officer must shall
  340  complete 4 hours of postcertification continuing education
  341  training. Such training may include, but is not limited to,
  342  training for: animal cruelty investigations, search and seizure,
  343  animal handling, courtroom demeanor, and civil citations.
  344         (b)1. The governing body of a county or municipality may
  345  impose and collect a surcharge of up to $5 upon each civil
  346  penalty imposed for violation of an ordinance relating to animal
  347  control or cruelty. The proceeds from such surcharges shall be
  348  used to pay the costs of training for animal control officers.
  349         2. In addition to the uses set forth in subparagraph 1., a
  350  county, as defined in s. 125.011, may use the proceeds specified
  351  in that subparagraph and any carryover or fund balance from such
  352  proceeds for animal shelter operating expenses. This
  353  subparagraph expires July 1, 2014.
  354         (8) This section is an additional, supplemental, and
  355  alternative means of enforcing county or municipal codes or
  356  ordinances. This section does not prohibit a county or
  357  municipality from enforcing its codes or ordinances by any other
  358  means, including, but not limited to, the procedures provided in
  359  chapter 162.
  360         Section 8. This act shall take effect July 1, 2015.