§ 5-5. Adoption of animals from the department; discretion to refuse adoption or transfer; adoption or acquisition by offenders prohibited; appeal; sterilization requirements; requirements for animal rescue organizations; authority to negotiate and enter into agreements.

(a)

The Department shall encourage the adoption of animals in its custody. The Department may charge fees for transferring ownership of such animals and for vaccination, sterilization, and other medical care provided to such animals. Fees shall be fixed by implementing order approved by the Board of County Commissioners, provided that animal rescue organizations and other adopters acquiring ownership of animals may be charged reduced fees in accordance with this section.

(1)

This section does not create a right in any person or a private right of action concerning the adoption of animals from the Department or any other provisions of this section. The Director may, in the Director's sole discretion, prohibit the adoption or transfer of an impounded animal to protect the health, safety, and welfare of the people and animals of the County.

(2)

Prohibition on acquisition by offender. Offenders shall not adopt or otherwise acquire animals impounded by the Department or transferred to an animal rescue organization pursuant to this section, as provided herein.

(i)

For purposes of this section, "offender" means any person who has been convicted or adjudicated delinquent, regardless of whether adjudication is withheld, of any of the following animal-related offenses:

1.

Cruelty to animals under section 828.12, Florida Statutes;

2.

Fighting or baiting animals under section 828.122, Florida Statutes;

3.

Killing a dog or cat with the intent to sell or give away its pelt under section 828.123, Florida Statutes;

4.

Killing or aggravated abuse of horse or cattle under section 828.125, Florida Statutes;

5.

Sexual activities involving animals under section 828.126, Florida Statutes; or

6.

Confinement of animals without sufficient food, water, or exercise under section 828.13, Florida Statutes;

7.

Being unable or unfit to adequately provide for an animal and being enjoined from further possession or custody of animals under section 828.073, Florida Statutes; or

8.

Designation as an "irresponsible dog owner," pursuant to section 5-23.2 of this chapter, based in whole or in part on the commission of an act deemed cruelty to animals.

(ii)

The prohibition on each offender shall remain in effect in accordance with the following schedule:

1.

For a period of 3 years for a first conviction of a misdemeanor animal-related offense or first irresponsible dog owner designation;

2.

For a period of 5 years for a first conviction of a felony animal-related offense or a second or subsequent violation by an irresponsible dog owner;

3.

For a period of 10 years for a second or subsequent conviction of either a misdemeanor or felony animal-related offense; and

4.

For the period established by an order issued pursuant to section 828.073, Florida Statutes, enjoining the further possession or custody of other animals.

(iii)

This prohibition shall also terminate if: a court of competent jurisdiction has expunged the applicable criminal records; a conviction or adjudication has been reversed or vacated on appeal; or an applicable adjudication pursuant to section 828.073, Florida Statutes, or an "irresponsible dog owner" registration pursuant to section 5-23.2 of this chapter, has been terminated.

(iv)

An offender who adopts or acquires an animal in violation of this section shall be prohibited from adopting or acquiring an animal for an additional 3-year period beginning upon the expiration of the original period of prohibition.

(v)

The Director is hereby authorized to institute appropriate proceedings in any court of competent jurisdiction to effectuate the seizure of animals acquired by an offender in violation of this section.

(vi)

Use of offender information for harassment prohibited. Any information maintained by the County regarding offenders and animal-related offenses, as defined above, is intended solely as an information resource by the County and by individuals or entities acquiring animals from the County pursuant to subsection 5-5(c) when they sell, trade, deliver, barter, lease, rent, auction, or otherwise transfer ownership of an animal. It shall be a violation of this section for any person to use offender information to knowingly harass an individual or to interfere with lawful commerce.

(3)

Appeal. Written notice of the decision to refuse an adoption or transfer shall be provided. The decision may be appealed by providing to the Director, within 7 calendar days of the written notice, a written request for an administrative hearing. If a request for a hearing is received more than 7 calendar days from the date of the written notice, the hearing officer shall be precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely. An administrative hearing shall be conducted in accordance with the provisions set forth in chapter 8CC of this code. A decision to refuse an adoption shall not be deemed final until the procedures set forth in this section have been exhausted. No person aggrieved by this section may apply to the Court for relief unless they have first exhausted the remedies provided for herein and taken all available steps provided in this section. The Department shall not be required to keep any particular animal while an appeal pursuant to this section is pending.

(b)

Prior to transferring ownership of a dog or cat to any person, the Department shall sterilize the animal, except that the Department may release unsterilized animals in either of the following circumstances.

(1)

The new owner enters into a written agreement guaranteeing that sterilization will be performed within thirty (30) days from the date custody is acquired or as soon as sterilization is medically permissible. Breach of the agreement shall be a separate violation of this section. A person acquiring ownership of an intact dog or cat from the Department shall also give the Department a sufficient, refundable deposit per animal to ensure that the animal will be sterilized, as required by Section 823.15, Florida Statutes. The Department shall refund the deposit upon presentation of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The amount of the deposit shall be established by implementing order approved by the Board of County Commissioners.

(2)

The Department may, at its sole discretion, transfer unsterilized animals to animal rescue organizations that comply with the requirements set forth in subsection (c).

(c)

The Department may, at its discretion, transfer animals to an animal rescue organization for medical care, for adoption, for adoption to third parties, or for any other lawful purpose, in accordance with the following provisions:

(1)

The animal rescue organization shall be registered with the Department and shall provide proof that it is duly registered with the Florida Department of State and the Florida Department of Agriculture and Consumer Services.

(2)

The animal rescue organization shall enter into a written agreement signed by the Director and approved by the County Attorney's Office as to form and legal sufficiency that provides for the following: a guarantee that the organization will comply with the sterilization requirements set forth in Section 823.15(2)(b), Florida Statutes, and will prohibit offenders, as defined in this section, from acquiring any animals from the organization; a requirement that the organization periodically report to the Department on the disposition of animals acquired from the Department; and that the Department shall have the right to reclaim animals that are being maintained in violation of this chapter or other provisions of this Code. Breach of the agreement shall be a separate violation of this section.

(3)

In deciding whether to transfer animals to an animal rescue organization, the Director may consider, among other factors:

(i)

The resources of the organization to care for animals.

(ii)

The facilities where the animals will be kept.

(iii)

The prior experience of the organization or its members or agents in the field of animal care.

(iv)

Whether the organization or its members or agents are, or have previously been found to be, operating in violation of any of the provisions of this chapter, of any federal, state, or local laws governing public health or sanitation, or of the applicable zoning code governing the keeping of animals.

(v)

Any additional burdens on the Department for partnering with the organization.

(d)

[Authority.] The Director is hereby delegated the authority to negotiate and enter into agreements with other persons to encourage the adoption of animals or to provide for animals in the custody of the Department, including agreements indemnifying such persons up to the statutory cap on claims or judgments set forth in Fla. Stat. § 768.28, provided that the agreements otherwise require no expenditure of additional funds by the County, and subject to the approval of the County Attorney.

(Ord. No. 08-10, § 1, 1-22-08; Ord. No. 12-80, § 2, 10-2-12; Ord. No. 15-117, § 2, 10-6-15; Ord. No. 18-09, § 2, 2-6-18, eff. 2-17-18)

Editor's note

Ord. No. 18-09, § 2, adopted Feb. 6, 2018, amended the title of § 5-5 to read as herein set out. The former § 5-5 title pertained to adoption of animals from the department; sterilization requirements; requirements for animal rescue organizations; authority to negotiate and enter into agreements.
Section 4 of Ord. No. 18-09 states "the provisions of sections 2 and 3 of this ordinance shall not take effect until 180 days from the effective date of this ordinance."