Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 420
       
       
       
       
       
       
                                Ì658666WÎ658666                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2015           .                                
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       The Committee on Appropriations (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 80 - 211
    4  and insert:
    5         Section 4. Section 828.073, Florida Statutes, is amended to
    6  read:
    7         828.073 Animals found in distress; when agent may take
    8  charge; hearing; disposition; sale.—
    9         (1) The purpose of this section is to provide a means by
   10  which a neglected or mistreated animal may can be:
   11         (a) Removed from its present custody, or
   12         (b) Made the subject of an order to provide care, issued to
   13  its owner by the county court, any law enforcement officer, any
   14  animal control officer certified pursuant to s. 828.27, or any
   15  agent of any the county or of any society or association for the
   16  prevention of cruelty to animals appointed under s. 828.03,
   17  
   18  and protected given protection and disposed of appropriately and
   19  humanely an appropriate and humane disposition made.
   20         (2) Any law enforcement officer, any animal control officer
   21  certified pursuant to s. 828.27, or any agent of any county or
   22  of any society or association for the prevention of cruelty to
   23  animals appointed under the provisions of s. 828.03 may:
   24         (a) Lawfully take custody of any animal found neglected or
   25  cruelly treated by removing the animal from its present
   26  location, or
   27         (b) Order the owner of any animal found neglected or
   28  cruelly treated to provide certain care to the animal at the
   29  owner’s expense without removal of the animal from its present
   30  location,
   31  
   32  and shall file a petition seeking relief under this section in
   33  the county court of the county in which the animal is found
   34  within 10 days after the animal is seized or an order to provide
   35  care is issued. The court shall schedule and commence a hearing
   36  on the petition within 30 days after the petition is filed to
   37  determine whether the owner, if known, is able to adequately
   38  provide adequately for the animal and is fit to have custody of
   39  the animal. The hearing shall be concluded and the court order
   40  entered thereon within 60 days after the date the hearing is
   41  commenced. The timeframes set forth in this subsection are not
   42  jurisdictional. However, if a failure to meet such timeframes is
   43  attributable to the officer or agent, the owner is not required
   44  to pay the officer or agent for care of the animal during any
   45  period of delay caused by the officer or agent. A fee may not be
   46  charged for filing the petition. This subsection does not
   47  require court action for the taking into custody and properly
   48  disposing making proper disposition of stray or abandoned
   49  animals as lawfully performed by animal control agents.
   50         (3) The law enforcement officer, the animal control officer
   51  certified pursuant to s. 828.27, or the agent of any county or
   52  of any society or association for the prevention of cruelty to
   53  animals taking custody charge of an any animal pursuant to the
   54  provisions of this section shall have written notice served, at
   55  least 3 days before the hearing scheduled under subsection (2),
   56  upon the owner of the animal, if he or she is known and is
   57  residing in the county where the animal was taken, in accordance
   58  conformance with the provisions of chapter 48 relating to
   59  service of process. The sheriff of the county may shall not
   60  charge a fee for service of such notice.
   61         (4)(a) The law enforcement officer, the animal control
   62  officer certified pursuant to s. 828.27, or the agent of any
   63  county or of any society or association for the prevention of
   64  cruelty to animals taking custody charge of an animal pursuant
   65  to as provided for in this section shall provide for the animal
   66  until either:
   67         1. The owner is adjudged by the court to be able to
   68  adequately provide adequately for, and have custody of, the
   69  animal, in which case the animal shall be returned to the owner
   70  upon payment by the owner for the care and provision for the
   71  animal while in the agent’s or officer’s custody; or
   72         2. The animal is turned over to the officer or agent
   73  pursuant to as provided in paragraph (c) and humanely disposed
   74  of a humane disposition of the animal is made.
   75         (b) If the court determines that the owner is able to
   76  provide adequately for, and have custody of, the animal, the
   77  order shall provide that the animal in the possession of the
   78  officer or agent be claimed and removed by the owner within 7
   79  days after the date of the order.
   80         (c) Upon the court’s judgment that the owner of the animal
   81  is unable or unfit to adequately provide for the animal:
   82         1. The court may:
   83         a. Order that the current owner have no further custody of
   84  the animal and that the animal be sold by the sheriff at public
   85  auction or, that the current owner have no further custody of
   86  the animal, and that any animal not bid upon be remanded to the
   87  custody of the Society for the Prevention of Cruelty to Animals,
   88  the Humane Society, the county, the municipality with animal
   89  control officers certified pursuant to s. 828.27, or any agency
   90  or person the judge deems appropriate, to be disposed of as the
   91  agency or person sees fit; or
   92         b. Order that the animal be destroyed or remanded directly
   93  to the custody of the Society for the Prevention of Cruelty to
   94  Animals, the Humane Society, the county, the municipality with
   95  animal control officers certified pursuant to s. 828.27, or any
   96  agency or person the judge deems appropriate, to be disposed of
   97  as the agency or person sees fit.
   98         2. The court, upon proof of costs incurred by the officer
   99  or agent, may require that the owner pay for the care of the
  100  animal while in the custody of the officer or agent. A separate
  101  hearing may be held.
  102         3. The court may order that other animals that are in the
  103  custody of the owner and that were not seized by the officer or
  104  agent be turned over to the officer or agent, if the court
  105  determines that the owner is unable or unfit to adequately
  106  provide for the animals. The court may enjoin the owner’s
  107  further possession or custody of other animals.
  108         (5) In determining the person’s fitness to have custody of
  109  an animal under the provisions of this act, the court may
  110  consider, among other matters:
  111         (a) Testimony from the agent or officer who seized the
  112  animal and other witnesses as to the condition of the animal
  113  when seized and as to the conditions under which the animal was
  114  kept.
  115         (b) Testimony and evidence as to the veterinary care
  116  provided to the animal.
  117         (c) Testimony and evidence as to the type and amount of
  118  care provided to the animal.
  119         (d) Expert testimony as to the community standards for
  120  proper and reasonable care of the same type of animal.
  121         (e) Testimony from any witnesses as to prior treatment or
  122  condition of this or other animals in the same custody.
  123         (f) The owner’s past record of judgments pursuant to under
  124  the provisions of this chapter.
  125         (g) Convictions pursuant to applicable under the statutes
  126  prohibiting cruelty to animals.
  127         (h) Any Other evidence the court considers to be material
  128  or relevant.
  129         (6) If the evidence indicates a lack of proper and
  130  reasonable care of the animal, the burden is on the owner to
  131  demonstrate by clear and convincing evidence that he or she is
  132  able and fit to have custody of and adequately provide
  133  adequately for the animal.
  134         (7) In any case in which an animal is offered for auction
  135  under the provisions of this section, the proceeds shall be:
  136         (a) Applied, first, to the cost of the sale.
  137         (b) Applied, secondly, to the care of and provision for the
  138  animal by the law enforcement officer, the animal control
  139  officer certified pursuant to s. 828.27, or the agent of any
  140  county or of any society or association for the prevention of
  141  cruelty to animals taking custody charge.
  142         (c) Applied, thirdly, to the payment of the owner for the
  143  sale of the animal.
  144         (d) Paid over to the court if the owner is not known.
  145  
  146  ================= T I T L E  A M E N D M E N T ================
  147  And the title is amended as follows:
  148         Delete lines 10 - 18
  149  and insert:
  150         act; amending s. 828.073, F.S.; conforming provisions;
  151         authorizing certain municipal animal control officers
  152         to take custody of an animal found neglected or
  153         cruelly treated or to order the owner of such an
  154         animal to provide certain care at the owner’s expense;
  155         authorizing county courts to remand animals to the
  156         custody of certain municipalities; authorizing the
  157         allocation of auction proceeds to certain animal
  158         control officers; amending s. 828.27, F.S.; deleting