Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 420
       
       
       
       
       
       
                                Ì195728MÎ195728                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                
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       The Committee on Community Affairs (Dean) recommended the
       following:
       
    1         Senate Substitute for Amendment (560196) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (4) is added to section 588.17,
    7  Florida Statutes, to read:
    8         588.17 Disposition of impounded livestock.—
    9         (4) Notwithstanding the requirements of subsections (1)
   10  (3), the sheriff or the county animal control center may offer
   11  for adoption or humanely dispose of stray livestock, excluding
   12  cattle. If the livestock is to be offered for adoption or
   13  humanely disposed of, the sheriff or the county animal control
   14  center shall:
   15         (a) Provide written notice to the owner, if known, advising
   16  the owner of the location where the livestock is impounded and
   17  of the amount due by reason of the impounding, and that unless
   18  the livestock is redeemed within a timeframe to be established
   19  by the sheriff or the county animal control center, which shall
   20  be a period of at least 3 business days, the livestock will be
   21  offered for adoption or humanely disposed of; or
   22         (b) If the owner is unknown or cannot be located, obtain
   23  service upon the owner by publishing a notice on the sheriff’s
   24  or the county animal control center’s website. If the livestock
   25  is not redeemed within a timeframe to be established by the
   26  authorized agency, which shall be a period of at least 3
   27  business days, the livestock will be offered for adoption or
   28  humanely disposed of.
   29         Section 2. Section 588.18, Florida Statutes, is amended to
   30  read:
   31         588.18 Livestock at large; fees.—The fees allowed for
   32  impounding, serving notice, care and feeding, advertising, and
   33  disposing of impounded animals shall be determined by the
   34  sheriff or the county animal control center of each county.
   35  Damages done by the sheriff or the county animal control center,
   36  sheriff’s designees, or any other law enforcement officer in
   37  pursuit, or in the capture, handling, or care of the livestock
   38  are the sole responsibility of the sheriff or the county animal
   39  control center other law enforcement agency.
   40         Section 3. Section 588.23, Florida Statutes, is amended to
   41  read:
   42         588.23 Right of owner.—The owner of any impounded livestock
   43  has shall have the right at any time before the disposition sale
   44  thereof to redeem the livestock same by paying to the sheriff or
   45  the county animal control center all impounding expenses,
   46  including fees, keeping charges, advertising, or other costs
   47  incurred therewith which sum shall be deposited by the sheriff
   48  or the county animal control center with the clerk of the
   49  circuit court who shall pay all fees and costs as allowed in s.
   50  588.18. If In the event there is a dispute as to the amount of
   51  such costs and expenses, the owner may give bond with sufficient
   52  sureties to be approved by the sheriff or the county animal
   53  control center, in an amount to be determined by the sheriff or
   54  the county animal control center, but not exceeding the fair
   55  cash value of such livestock, conditioned to pay such costs and
   56  damages; thereafter, within 10 days, the owner shall institute
   57  suit in equity to have the damage adjudicated by a court of
   58  equity or referred to a jury if requested by either party to
   59  such suit.
   60         Section 4. Paragraph (b) of subsection (1), subsections (2)
   61  and (3), paragraphs (a) and (c) of subsection (4), and
   62  subsections (5) and (7) of section 828.073, Florida Statutes,
   63  are amended to read:
   64         828.073 Animals found in distress; when agent may take
   65  charge; hearing; disposition; sale.—
   66         (1) The purpose of this section is to provide a means by
   67  which a neglected or mistreated animal can be:
   68         (b) Made the subject of an order to provide care, issued to
   69  its owner by the county court, any law enforcement officer, or
   70  any agent of the county, a municipality with animal control
   71  officers certified pursuant to s. 828.27, or a of any society or
   72  association for the prevention of cruelty to animals appointed
   73  under s. 828.03,
   74  
   75  and given protection and an appropriate and humane disposition
   76  made.
   77         (2) A Any law enforcement officer, a or any agent of any
   78  county, a municipality with animal control officers certified
   79  pursuant to s. 828.27, or of any society or association for the
   80  prevention of cruelty to animals appointed under the provisions
   81  of s. 828.03 may:
   82         (a) Lawfully take custody of any animal found neglected or
   83  cruelly treated by removing the animal from its present
   84  location, or
   85         (b) Order the owner of any animal found neglected or
   86  cruelly treated to provide certain care to the animal at the
   87  owner’s expense without removal of the animal from its present
   88  location,
   89  
   90  and shall file a petition seeking relief under this section in
   91  the county court of the county in which the animal is found
   92  within 10 days after the animal is seized or an order to provide
   93  care is issued. The court shall schedule and commence a hearing
   94  on the petition within 30 days after the petition is filed to
   95  determine whether the owner, if known, is able to provide
   96  adequately for the animal and is fit to have custody of the
   97  animal. The hearing shall be concluded and the court order
   98  entered thereon within 60 days after the date the hearing is
   99  commenced. The timeframes set forth in this subsection are not
  100  jurisdictional. However, if a failure to meet such timeframes is
  101  attributable to the officer or agent, the owner is not required
  102  to pay the officer or agent for care of the animal during any
  103  period of delay caused by the officer or agent. A fee may not be
  104  charged for filing the petition. This subsection does not
  105  require court action for the taking into custody and making
  106  proper disposition of stray or abandoned animals as lawfully
  107  performed by animal control agents.
  108         (3) Any The officer or agent of any county, any
  109  municipality with animal control officers certified pursuant to
  110  s. 828.27, or of any society or association for the prevention
  111  of cruelty to animals taking charge of any animal pursuant to
  112  the provisions of this section shall have written notice served,
  113  at least 3 days before the hearing scheduled under subsection
  114  (2), upon the owner of the animal, if he or she is known and is
  115  residing in the county where the animal was taken, in
  116  conformance with the provisions of chapter 48 relating to
  117  service of process. The sheriff of the county may shall not
  118  charge a fee for service of such notice.
  119         (4)(a) Any The officer or agent of any county, any
  120  municipality with animal control officers certified pursuant to
  121  s. 828.27, or of any society or association for the prevention
  122  of cruelty to animals taking charge of an animal as provided for
  123  in this section shall provide for the animal until either:
  124         1. The owner is adjudged by the court to be able to provide
  125  adequately for, and have custody of, the animal, in which case
  126  the animal shall be returned to the owner upon payment by the
  127  owner for the care and provision for the animal while in the
  128  agent’s or officer’s custody; or
  129         2. The animal is turned over to the officer or agent as
  130  provided in paragraph (c) and a humane disposition of the animal
  131  is made.
  132         (c) Upon the court’s judgment that the owner of the animal
  133  is unable or unfit to adequately provide for the animal:
  134         1. The court may:
  135         a. Order that the current owner have no further custody of
  136  the animal and that the animal be sold by the sheriff at public
  137  auction or, that the current owner have no further custody of
  138  the animal, and that any animal not bid upon be remanded to the
  139  custody of the Society for the Prevention of Cruelty to Animals,
  140  the Humane Society, the county, the municipality with animal
  141  control officers certified pursuant to s. 828.27, or any agency
  142  or person the judge deems appropriate, to be disposed of as the
  143  agency or person sees fit; or
  144         b. Order that the animal be destroyed or remanded directly
  145  to the custody of the Society for the Prevention of Cruelty to
  146  Animals, the Humane Society, the county, the municipality with
  147  animal control officers certified pursuant to s. 828.27, or any
  148  agency or person the judge deems appropriate, to be disposed of
  149  as the agency or person sees fit.
  150         2. The court, upon proof of costs incurred by the officer
  151  or agent, may require that the owner pay for the care of the
  152  animal while in the custody of the officer or agent. A separate
  153  hearing may be held.
  154         3. The court may order that other animals that are in the
  155  custody of the owner and that were not seized by the officer or
  156  agent be turned over to the officer or agent, if the court
  157  determines that the owner is unable or unfit to adequately
  158  provide for the animals. The court may enjoin the owner’s
  159  further possession or custody of other animals.
  160         (5) In determining the person’s fitness to have custody of
  161  an animal under the provisions of this act, the court may
  162  consider, among other matters:
  163         (a) Testimony from the agent or officer who seized the
  164  animal and other witnesses as to the condition of the animal
  165  when seized and as to the conditions under which the animal was
  166  kept.
  167         (b) Testimony and evidence as to the veterinary care
  168  provided to the animal.
  169         (c) Testimony and evidence as to the type and amount of
  170  care provided to the animal.
  171         (d) Expert testimony as to the community standards for
  172  proper and reasonable care of the same type of animal.
  173         (e) Testimony from any witnesses as to prior treatment or
  174  condition of this or other animals in the same custody.
  175         (f) The owner’s past record of judgments pursuant to under
  176  the provisions of this chapter.
  177         (g) Convictions pursuant to under the statutes prohibiting
  178  cruelty to animals.
  179         (h) Other Any other evidence the court considers to be
  180  material or relevant.
  181         (7) In any case in which an animal is offered for auction
  182  under the provisions of this section, the proceeds shall be:
  183         (a) Applied, first, to the cost of the sale.
  184         (b) Applied, secondly, to the care of and provision for the
  185  animal by the officer or agent of any county, any municipality
  186  with animal control officers certified pursuant to s. 828.27, or
  187  of any society or association for the prevention of cruelty to
  188  animals taking charge.
  189         (c) Applied, thirdly, to the payment of the owner for the
  190  sale of the animal.
  191         (d) Paid over to the court if the owner is not known.
  192         Section 5. Subsection (4) of section 828.27, Florida
  193  Statutes, is amended, and subsection (8) is added to that
  194  section, to read:
  195         828.27 Local animal control or cruelty ordinances;
  196  penalty.—
  197         (4)(a)1. County-employed animal control officers must
  198  shall, and municipally employed animal control officers may,
  199  successfully complete a 40-hour minimum standards training
  200  course. Such course must shall include, but is not limited to,
  201  training for: animal cruelty investigations, search and seizure,
  202  animal handling, courtroom demeanor, and civil citations. The
  203  course curriculum must be approved by the Florida Animal Control
  204  Association. An animal control officer who successfully
  205  completes such course shall be issued a certificate indicating
  206  that he or she has received a passing grade.
  207         2. Any animal control officer who is authorized before
  208  prior to January 1, 1990, by a county or municipality to issue
  209  citations is not required to complete the minimum standards
  210  training course.
  211         3. In order to maintain valid certification, every 2 years
  212  each certified county-employed animal control officer must shall
  213  complete 4 hours of postcertification continuing education
  214  training. Such training may include, but is not limited to,
  215  training for: animal cruelty investigations, search and seizure,
  216  animal handling, courtroom demeanor, and civil citations.
  217         (b)1. The governing body of a county or municipality may
  218  impose and collect a surcharge of up to $5 upon each civil
  219  penalty imposed for violation of an ordinance relating to animal
  220  control or cruelty. The proceeds from such surcharges shall be
  221  used to pay the costs of training for animal control officers.
  222         2. In addition to the uses set forth in subparagraph 1., a
  223  county, as defined in s. 125.011, may use the proceeds specified
  224  in that subparagraph and any carryover or fund balance from such
  225  proceeds for animal shelter operating expenses. This
  226  subparagraph expires July 1, 2014.
  227         (8) This section is an additional, supplemental, and
  228  alternative means of enforcing county or municipal codes or
  229  ordinances. This section does not prohibit a county or
  230  municipality from enforcing its codes or ordinances by any other
  231  means, including, but not limited to, the procedures provided in
  232  chapter 162.
  233         Section 6. This act shall take effect July 1, 2015.
  234  
  235  ================= T I T L E  A M E N D M E N T ================
  236  And the title is amended as follows:
  237         Delete everything before the enacting clause
  238  and insert:
  239                        A bill to be entitled                      
  240         An act relating to animal control; amending s. 588.17,
  241         F.S.; providing a procedure for adopting or humanely
  242         disposing of impounded stray livestock, except cattle,
  243         as an alternative to sale or auction; amending s.
  244         588.18, F.S.; requiring a county animal control center
  245         to establish fees and be responsible for damages
  246         caused while impounding livestock; amending s. 588.23,
  247         F.S.; conforming provisions to changes made by the
  248         act; amending s. 828.073, F.S.; authorizing certain
  249         municipalities to take custody of an animal found
  250         neglected or cruelly treated or to order the owner of
  251         such an animal to provide certain care at the owner’s
  252         expense; authorizing county courts to remand animals
  253         to the custody of certain municipalities; authorizing
  254         the allocation of auction proceeds to certain
  255         municipalities; conforming provisions to changes made
  256         by the act; amending s. 828.27, F.S.; deleting
  257         obsolete provisions; clarifying that certain
  258         provisions relating to local animal control are not
  259         the exclusive means of enforcing animal control laws;
  260         providing an effective date.