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Agenda 05/28/2024 Item #17B (Ordinance - Collier County Animal Abuser Registry)05/28/2024 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance establishing the Collier County Animal Abuser Registry. (continued from the May 14, 2024 meeting) OBJECTIVE: To establish the Collier County Animal Abuser Registry. CONSIDERATIONS: The State of Florida has criminalized the cruel treatment of animals (Section 828.12, Florida Statutes), yet animal abuse and animal cruelty continues to occur in Collier County and throughout the State of Florida. I believe that animal ownership carries with it both rights and responsibilities with respect to the humane treatment, care, and control of owned animals, that residents of Collier County and their animals need to be protected, and an online registry that identifies abusers is necessary. The proposed ordinance as presented in the May 14, 2024, Board of County Commissioners’ meeting was identical to the Lee County Animal Abuser Registry, which I am advised has been very successful and well received. The item was continued to the May 28, 2024, meeting to allow time for additional review and input by the Sheriff. The Sheriff’s office has requested changes as set forth in the attached red -line version of the proposed ordinance, which the County Attorney advises me are acceptable. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board adopt the proposed Ordinance establishing the Collier County Animal Abuser Registry. Prepared by: Burt L. Saunders, Vice Chairman, Commissioner District 3 ATTACHMENT(S) 1. Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (PDF) 2. CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (PDF) 3. legal ad - agenda ID 28948 -Animal Abuser Registry (cont. to BCC 5.28.24) (PDF) 4. prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (PDF) 17.B Packet Pg. 2403 05/28/2024 COLLIER COUNTY Board of County Commissioners Item Number: 17.B Doc ID: 28948 Item Summary: *** This Item continued from the May 14, 2024 BCC Meeting. *** Recommendation to adopt an Ordinance establishing the Collier County Animal Abuser Registry. Meeting Date: 05/28/2024 Prepared by: Title: Management Analyst II – County Manager's Office Name: Geoffrey Willig 05/16/2024 3:00 PM Submitted by: Title: Commissioner District 3 – Board of County Commissioners Name: Burt Saunders 05/16/2024 3:00 PM Approved By: Review: Public Services Department Geoffrey Willig PSD Reviewer Skipped 05/16/2024 3:00 PM Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 05/16/2024 3:00 PM Office of Management and Budget Wanda Rodriguez OMB Reviewer Skipped 05/16/2024 3:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/22/2024 1:08 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/22/2024 3:32 PM Board of County Commissioners Geoffrey Willig Meeting Pending 05/28/2024 9:00 AM 17.B Packet Pg. 2404 17.B.a Packet Pg. 2405 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2406 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2407 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2408 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2409 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2410 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2411 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2412 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing 17.B.a Packet Pg. 2413 Attachment: Ordinance - Animal Abuse Registry (CCSO revision) - JAK signed (28948 : Recommendation to adopt an Ordinance establishing ORDINANCE NO. 2024-______ 1 2 AN ORDINANCE OF THE BOARD OF COUNTY 3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 4 PERTAINING TO THE ESTABLISHMENT OF A COUNTY 5 ANIMAL ABUSER REGISTRY; PROVIDING FOR TITLE; 6 PROVIDING FOR DEFINITIONS; PROVIDING FOR 7 ESTABLISHMENT OF AN ABUSER REGISTRY; PROVIDING FOR 8 REGISTRATION REQUIREMENTS INCLUDING REGISTRATION 9 FEES FOR VARIOUS ABUSE OFFENSES; PROVIDING FOR 10 PROHIBITION OF CONTACT WITH ANIMALS UNDER CERTAIN 11 CIRCUMSTANCES; PROVIDING FOR PROHIBITION OF 12 ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR 13 OTHERS FROM TRANSFERRING ANIMAL OWNERSHIP TO 14 ABUSERS; PROVIDING FOR REQUIREMENTS FOR ANIMAL 15 SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR OTHERS TO 16 ENSURE PERSON NOT ON REGISTRY PRIOR TO TRANSFER OF 17 OWNERSHIP OF ANIMALS; PROVIDING FOR EXEMPTIONS; 18 PROVIDING FOR ENFORCEMENT AND PENALTIES; 19 PROVIDING FOR SEVERABILITY; PROVIDING FOR 20 INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 21 PROVIDING FOR APPLICABILITY; AND PROVIDING FOR AN 22 EFFECTIVE DATE. 23 24 WHEREAS, while the State of Florida has criminalized the cruel treatment of animals, 25 animal abuse and cruelty continues to occur in Collier County and throughout the State of Florida; 26 and 27 28 WHEREAS, the Collier County Board of County Commissioners (“Board”) finds that 29 animal cruelty is a serious problem, resulting in the abuse of many animals each year; and 30 31 WHEREAS, the Board also finds that a strong correlation has been established linking 32 individuals who abuse animals with incidents of domestic violence and that individuals who abuse 33 animals are statistically more likely to commit violent acts against humans; and 34 35 WHEREAS, the Board further finds that people who have abused animals in the past are 36 likely to do so in the future and studies show that there is a near 100% recidivism rate for certain 37 types of abuse such as animal hoarding; and 38 39 WHEREAS, animal ownership carries with it both rights and responsibilities with respect 40 to the humane treatment, care and control of owned animals; and 41 42 WHEREAS, the Board recognizes that residents of Collier County and their animals need to 43 be protected and that an online registry that identifies abusers is necessary; and 44 45 WHEREAS, in 2012, the Florida legislature attempted, but was unsuccessful in passing 46 Senate Bill 618, creating “Dexter's Law,” an act establishing a state-wide animal abuse registry; and 47 48 17.B.b Packet Pg. 2414 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance WHEREAS, the Board has determined that it is in the best interest of the residents of Collier 49 County and their animals that an online registry be established identifying individuals residing in 50 Collier County convicted of certain abuse crimes that will prevent these individuals from adopting, 51 purchasing, possessing, or otherwise obtaining animals from any animal shelter, pet seller, or other 52 person or entity involved in the exchange of animals by adoption, sale, or other means; and 53 54 WHEREAS, the Board finds that it will serve the public health, safety, and welfare of the 55 citizens and animals of Collier County to create this Animal Abuser Registry for Collier County. 56 57 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 58 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 59 60 SECTION ONE: TITLE. 61 62 This Ordinance shall be known and may be cited as the “Collier County Animal Abuser 63 Registry Ordinance.” 64 65 SECTION TWO: DEFINITIONS. 66 67 The following words, phrases, or terms when used in this Ordinance shall, unless otherwise 68 indicated, have the meanings provided below: 69 70 A. Animal shall mean, generally, any living dumb creature, as provided for in Florida 71 Statutes, but limited to mammals, birds and reptiles. 72 73 B. Animal Enjoinment shall mean any person enjoined by the Court from further 74 possession or custody of other animals under Section 828.073(4)(c)(3), Florida Statutes 75 or otherwise by Court order. 76 77 C. Abuser shall mean any persons eighteen (18) years of age or older, including juveniles 78 tried as an adult, who have been convicted or adjudicated delinquent, regardless of 79 whether adjudication is withheld of an Abuse Offense. 80 81 D. Abuse Offense shall mean the commission of any act that constitutes the criminal 82 offense of: 83 84 1. Cruelty to animals under Section 828.12, Florida Statutes; 85 86 2. Fighting or baiting animals under Section 828.122, Florida Statutes; 87 88 3. Killing a dog or cat with the intent to sell or give away its pelt under Section 89 828.123, Florida Statutes; 90 91 4. Killing or aggravated abuse of horse or cattle under Section 828.125, Florida 92 Statutes; 93 94 5. Sexual activities involving animals under Section 828.126, Florida Statutes; 95 6. Confinement of animals without sufficient food, water, or exercise under 96 17.B.b Packet Pg. 2415 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance Section 828.13, Florida Statutes. 97 7. Violation of Section 500.451, Florida Statutes. 98 6.8. With respect to farm animals, any animal abuse convictions or adjudicated 99 delinquent, regardless of whether adjudication is withheld. 100 101 E. Abuser Registry shall mean the online Registry established by this Ordinance for 102 registering any person residing in Collier County convicted of an Abuse Offense. 103 104 F. Animal Shelter shall mean any public or privately owned organization, including, but 105 not limited to, any incorporated humane society, pound, animal protective association 106 or animal rescue group which maintains buildings, structures, or other property for the 107 purpose of harboring animals which may be stray, unwanted, lost, abandoned, or abused 108 and seeks to find appropriate temporary or permanent homes for such animals. 109 110 G. Companion Animal shall mean a domesticated or tamed animal intended to provide 111 companionship, to be used for personal use or enjoyment, or raised or intended to be 112 raised for non-agricultural purposes; not to include a service animal or other animal or 113 wildlife under the exclusive jurisdiction of the State. 114 115 H. Board shall mean the Board of County Commissioners of Collier County, Florida. 116 117 I. Conviction shall mean an adjudication of guilt or adjudicated delinquent, regardless of 118 whether adjudication is withheld, by any Court of competent jurisdiction, whether upon 119 a verdict or plea of guilty or nolo contendere plea of one or more of the applicable Abuse 120 Offenses. 121 122 J. County shall mean Collier County or its designated agent. 123 124 K. Farm Animal shall mean horses or animals used in the production of human or animal 125 food, feed or fiber regardless of whether or not the animal is actually being used or 126 raised for such purposes. 127 128 L. Person shall mean any individual (eighteen (18) years of age or older, including, when 129 appropriate, juveniles tried as an adult), firm, association, joint venture, partnership, 130 estate, trust, business trust, syndicate, fiduciary, corporation, entity, or any group or 131 combination thereof. 132 133 M. Pet Seller shall mean any individual or person, partnership, firm, corporation or other 134 entity which offers animals for sale or is engaged in the sale, exchange, or other transfer 135 of ownership of animals. 136 137 N. Registrant shall mean any individual or person required by this Ordinance to register 138 with the Sheriff for the Collier County Animal Abuser Registry. 139 140 O. Service Animal shall mean any dog or miniature horse that has been individually trained 141 to do work or perform tasks for people with disabilities as defined under the Americans 142 with Disabilities Act (ADA). 143 144 17.B.b Packet Pg. 2416 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance SECTION THREE: ESTABLISHING AN ABUSER REGISTRY. 145 146 The Collier County Sheriff’s Office (“Sheriff”) shall establish an online Abuser Registry 147 (“Registry”) that shall contain the names, residence, photo, and other related information of certain 148 Abusers living in the County who are convicted of an Abuse Offense on or after the effective date 149 of this Ordinance. The online Registry will be maintained by the Sheriff, shall be listed on the 150 Sheriff’s official website, (available to be posted on the website of other public agencies) and may 151 contain links to other Abuser Registries that are available, or as they become available in the future, 152 to be used as informational resources by Animal Shelters, Pet Sellers, or other persons or entities 153 located in Collier County when they sell, exchange or otherwise transfer the ownership of an animal. 154 The Sheriff and/or any other affiliated agencies may promulgate internal policies and procedures, 155 as may be amended from time to time, necessary for the implementation of this Ordinance. 156 157 The Registry shall contain the required information about each particular Abuser, following 158 his or her release from incarceration or, if not incarcerated, from the date of the judgment of 159 conviction: 160 161 A. For a period of three (3) years for a first conviction of a misdemeanor Abuse 162 Offense; 163 164 B. For a period of five (5) years for a first conviction of a felony Abuse Offense; and 165 166 C. For a period of ten (10) years for a second or subsequent conviction of either a 167 misdemeanor or felony Abuse Offense; 168 169 C.D. For an additional period of three (3) years following any violation of this Ordinance. 170 171 The page where the Registry is housed will also include a list of people who are enjoined 172 from custody of animals either in a civil case under Section 828.073(4)(c)(3), Florida Statutes, or 173 otherwise under Court order or as a condition of their sentencing in a criminal case. The enjoinment 174 list will include people enjoined from custody of animals regardless of whether the Court ordered 175 enjoinment occurred before or after the effective date of this Ordinance, and the Registry time period 176 shall be the longer of this ordinance, or the time period set forth in a Court order or as a condition of 177 their sentencing in a criminal case. 178 179 The Sheriff will attempt to ensure that the information in the Registry is accurate and 180 complete. However, the Sheriff relies on other sources for the information. As a result, the Sheriff 181 makes no express or implied guarantee concerning the accuracy or completeness of any of the data 182 in the Registry. 183 184 The information in this Registry must be used responsibly. Anyone who uses this 185 information to knowingly harass or interfere with lawful commerce shall commit a violation of this 186 Ordinance punishable as provided in Section Seven (B). 187 188 Upon notification to the Sheriff that the criminal records of a person have been expunged 189 by the Court or of a successful appeal of a conviction of an Abuse Offense by a person required to 190 register pursuant to this Ordinance, the registration information for that person shall be removed 191 from the Abuser Registry within ten (10) business days following notification. 192 193 17.B.b Packet Pg. 2417 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance SECTION FOUR: ABUSER REGISTRATION REQUIREMENTS. 194 195 A. All Abusers who reside in the County and who are convicted of an Abuse Offense, on or 196 after the effective date of this Ordinance, and Abusers convicted within the past 3 years for 197 Misdemeanors and 5 years for Felonies, must personally appear at the designated Sheriff’s 198 office to register with the Collier County Abuser Registry within ten (10) business days after 199 their release from incarceration or, if not incarcerated, from the date of the conviction 200 judgment. 201 202 In the event an Abuser fails to timely register, the Sheriff may elect to seek the required 203 information and to post such information on the Registry. 204 205 B. Notwithstanding the foregoing, a person who establishes residency in the County, together 206 with seasonal residents who live within the County at least thirty days, and who was 207 convicted of an Abuse Offense in another Florida jurisdiction, on or after the effective date 208 of this Ordinance, must, within ten (10) business days of establishing residency in the 209 County, personally appear at the designated Sheriff’s office to register with the Collier 210 County Abuser Registry. 211 212 C. Every person required to register with the Abuser Registry shall personally appear at the 213 designated Sheriff’s office to submit the following: 214 215 1. Name and any aliases they may be known by; 216 217 2. Current residence address or expected place of residence; 218 219 3. Date of birth; 220 221 4. A photograph of the front of their head and shoulders; 222 223 5. Copy of judgment(s) to confirm offense(s), the date of conviction, and the 224 sentence imposed; 225 226 6. Any other documentation/information as the Sheriff may deem necessary to verify 227 the information provided by the registrant. 228 229 D. Every person required to register with the Abuser Registry shall pay an initial registration 230 fee of $15.00 to the Sheriff’s Office. 231 232 E. Every person registered with the Abuser Registry shall personally appear at the designated 233 Sheriff’s office to update their Registry information within ten (10) business days of any 234 change in residential address and/or upon any official name change and shall pay a change 235 fee of $5.00 to the Sheriff’s Office. 236 237 F. Every person registered with the Abuser Registry shall personally appear at the designated 238 Sheriff’s office to renew their registration information annually (on the anniversary date of 239 the initial registration or by the first business day following, or on some other date to be 240 determined by the Sheriff). At such time, the registrant's photograph and information shall 241 17.B.b Packet Pg. 2418 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance be reviewed in order to verify the continuing accuracy of what was previously provided by 242 the registrant. The registrant shall pay a renewal fee of $5.00 to the Sheriff’s Office. 243 244 G. Disposition of the fee: Fees collected pursuant to this Ordinance shall be deposited by the 245 Sheriff’s Office into the Sheriff’s operating account to be used to help pay the administrative 246 and maintenance costs of maintaining the Registry. 247 248 249 SECTION FIVE: PROHIBITION ON CONTACT WITH ANIMALS. 250 251 A. A registrant shall not be allowed to own and/or possess and/or live in the same home with 252 or on the same property as an animal while on the Registry unless otherwise provided in a 253 Court order. 254 255 B. A registrant shall not be allowed to work with a companion animal, with or without 256 compensation or otherwise, while on the Registry unless otherwise provided in a Court order. 257 258 C. A registrant who has been determined by a Court to be unfit to have custody of animals 259 pursuant to Section 828.073, Florida Statutes shall also be bound by the determinations of 260 the Court if that determination was made pursuant to the same underlying facts resulting in 261 the criminal conviction that requires them to register with the Collier County Abuser 262 Registry. 263 264 D. The County and the Sheriff reserve the right and may exercise their right at any time they 265 deem necessary to enforce or, notwithstanding any other Court order, obtain a Court order 266 enjoining a registrant from owning and/or possessing and/or living with an animal and/or 267 working with a companion animal while on the Registry. 268 269 E. This section shall not apply to farm animals or service animals unless there is an enjoinment 270 order and/or an Abuse Offense pertaining directly to farm animals or service animals. 271 272 SECTION SIX: ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR 273 OTHER ENTITIES PROHIBITED FROM TRANSFERRING ANIMAL 274 OWNERSHIP TO ABUSERS. 275 276 A. No Animal Shelter, Pet Seller, person, or entity located in the County shall sell, exchange 277 or otherwise transfer the ownership of an animal to any person listed as an Abuser on the 278 Abuser Registry. 279 280 B. Prior to sale, exchange, or other transfer of ownership of any animal, the Animal Shelter, 281 Pet Seller, or other commercial entity shall take whatever steps necessary to ensure that an 282 animal is not being transferred to a person listed on the Registry. 283 284 C. Such steps shall include, but may not be limited to, posting, when possible, current signage 285 displaying registrants in well-trafficked, highly visible areas for public viewing and in 286 stock/break areas of employees; notifying law enforcement upon the recognition of a 287 registrant who has obtained an animal while on the Registry; and requiring the person to 288 sign an affidavit attesting that they are not listed on the Registry. 289 17.B.b Packet Pg. 2419 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance 290 D. The Animal Shelter, Pet Seller, or other commercial entity shall be required to maintain the 291 required affidavits and other adequate records and supporting documentation for three (3) 292 years or in accordance with the required retention time set forth by business standards and 293 practices governing the particular commercial establishment and record, whichever is 294 greater, to assure compliance with this Ordinance. The County or the Sheriff and its 295 authorized agents shall have the right to examine all such records and documents relating 296 to compliance with this Ordinance, and the Animal Shelter, Pet Seller, or other commercial 297 entity may be required to cooperate and permit the County of the Sheriff to examine all such 298 records and documents relating to compliance with this Ordinance. 299 300 E. It shall not be a violation if the Animal Shelter, Pet Seller, private citizen or commercial 301 entity checked with the Abuser Registry and the name of the Abuser did not appear thereon 302 as required. 303 304 F. This section shall not apply to farm animals or to service animals. 305 306 SECTION SEVEN: PENALTIES. 307 308 A. Any Abuser required to initially register with the Collier County Abuser Registry, update 309 changes in address or name, annually renew their Registry information, pay any required 310 fees, comply with the prohibition on contact with certain animals, and/or comply with any 311 Court-issued enjoinment order under this Ordinance, and fails to do so, may be prosecuted 312 in any or all of the following manners: 313 314 1. Pursuant to the provisions of Section 125.69, Florida Statutes, any person violating 315 these provisions may be subject to prosecution in the name of the State in the same 316 manner as misdemeanors are prosecuted; and, upon conviction, such person shall be 317 punished by a fine not to exceed $500.00, or by imprisonment in the County jail not 318 to exceed 60 days, or by both such fine and imprisonment; 319 320 2. Nothing contained herein shall prevent the County or Sheriff from taking such other 321 lawful action in law and equity as may be necessary to remedy any violation of, or 322 refusal to comply with, any part of this Ordinance, including, but not limited to, 323 pursuit of injunctive and/or declaratory relief and/or enjoinment, or other equitable 324 relief in a Court of competent jurisdiction, or initiating an action to recover any and 325 all damages that may result from a violation of, or refusal to comply with, any part 326 of this Ordinance; 327 328 3. Each day of a continuing violation shall constitute a separate violation. 329 330 B. Any individual or entity that sells, exchanges or otherwise transfers the ownership of an 331 animal to any person listed as an Abuser on the Abuser Registry, in violation of Section 6 332 of this Ordinance, shall be penalized in the following manner: 333 334 1. For the first offense, a warning notice shall be issued by the County or Sheriff; 335 336 2. For a second offense, a fine may be imposed pursuant to the provisions of Section 337 17.B.b Packet Pg. 2420 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance 125.69, Florida Statutes; 338 339 3. For a third or subsequent violation, the individual or entity may be prosecuted in any 340 or all of the following manners set forth above for Abusers. 341 342 343 SECTION EIGHT: SEVERABILITY. 344 345 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 346 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 347 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 348 separate, distinct and independent provision and such holding shall not affect the validity of the 349 remaining portion. 350 351 SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 352 353 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 354 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-355 lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 356 any other appropriate word. 357 358 SECTION TEN: APPLICABILITY. 359 360 All provisions of this Ordinance shall be applicable throughout the incorporated and 361 unincorporated areas of the Collier County where there is no existing conflict of law, municipal 362 ordinances concerning this matter, or unless any municipality determines to opt-out of this 363 Ordinance’s provisions. 364 365 SECTION ELEVEN: EFFECTIVE DATE. 366 367 This Ordinance shall take effect immediately upon receipt of the official acknowledgment 368 from the office of the Secretary of State of Florida that this Ordinance has been filed with that 369 office. 370 371 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 372 County, Florida, this _____day of _________________2024. 373 374 375 ATTEST: BOARD OF COUNTY COMMISSIONERS 376 CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 377 378 379 By: __________________________ By: _____________________________ 380 , Deputy Clerk Chris Hall, Chairman 381 382 383 Approved as to form and legality: 384 17.B.b Packet Pg. 2421 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance 385 _______________________________ 386 Jeffrey A. Klatzkow, County Attorney 387 388 17.B.b Packet Pg. 2422 Attachment: CCSO red line changes (line numbered) - Animal Abuse Registry ordinance (28948 : Recommendation to adopt an Ordinance NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on May 28, 2024, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples, FL, to consider the following item which was continued from the May 14, 2024 hearing: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PERTAINING TO THE ESTABLISHMENT OF A COUNTY ANIMAL ABUSER REGISTRY; PROVIDING FOR TITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF AN ABUSER REGISTRY; PROVIDING FOR REGISTRATION REQUIREMENTS INCLUDING REGISTRATION FEES FOR VARIOUS ABUSE OFFENSES; PROVIDING FOR PROHIBITION OF CONTACT WITH ANIMALS UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR PROHIBITION OF ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR OTHERS FROM TRANSFERRING ANIMAL OWNERSHIP TO ABUSERS; PROVIDING FOR REQUIREMENTS FOR ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR OTHERS TO ENSURE PERSON NOT ON REGISTRY PRIOR TO TRANSFER OF OWNERSHIP OF ANIMALS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user’s risk. 17.B.c Packet Pg. 2423 Attachment: legal ad - agenda ID 28948 -Animal Abuser Registry (cont. to BCC 5.28.24) (28948 : Recommendation to adopt an Ordinance The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHRIS HALL, CHAIRMAN Posted to notices.collierclerk.com on May 17, 2024. 17.B.c Packet Pg. 2424 Attachment: legal ad - agenda ID 28948 -Animal Abuser Registry (cont. to BCC 5.28.24) (28948 : Recommendation to adopt an Ordinance COPY 05/14/2024 EXECUTIVE SUMMARY Recommendation to adopt an Ordinance establishing the Collier County Animal Abuser Registry. OBJECTIVE: To establish the Collier County Animal Abuser Registry. CONSIDERATIONS: The State of Florida has criminalized the cruel treatment of animals (Section 828.12, Florida Statutes), yet animal abuse and animal cruelty continues to occur in Collier County and throughout the State of Florida. In 2012, the Florida legislature attempted, but was unsuccessful in passing Senate Bill 618, creating “Dexter’s Law,” an act establishing a state-wide animal abuse registry. I believe that animal ownership carries with it both rights and responsibilities with respect to the humane treatment, care, and control of owned animals, that residents of Collier County and their animals need to be protected, and an online registry that identifies abusers is necessary. The proposed ordinance is identical to the Lee County Animal Abuser Registry, which I am advised has been very successful and well received. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: That the Board adopt the proposed Ordinance establishing the Collier County Animal Abuser Registry. Prepared by: Burt L. Saunders, Vice Chairman, Commissioner District 3 ATTACHMENT(S) 1.Ordinance - Animal Abuse Registry (line numbered) (PDF) 2.Ordinance - Animal Abuser Registry (PDF) 3.Business Impact Estimate - Animal Abuser Registry (PDF) 4.legal ad - Animal Abuser Registry (PDF) 10.B Packet Pg. 25 PRIOR AGENDA ITEM FROM 5/14/24 BCC MEETING Type text here 17.B.d Packet Pg. 2425 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY 05/14/2024 COLLIER COUNTY Board of County Commissioners Item Number: 10.B Doc ID: 28756 Item Summary: Recommendation to adopt an Ordinance establishing the Collier County Animal Abuser Registry. Meeting Date: 05/14/2024 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 05/01/2024 9:43 AM Submitted by: Title: Commissioner District 3 – Board of County Commissioners Name: Burt Saunders 05/01/2024 9:43 AM Approved By: Review: Public Services Department Tanya Williams PSD Reviewer Completed 05/01/2024 2:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/01/2024 2:21 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2024 3:30 PM Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 05/01/2024 4:00 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 10:17 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM 10.B Packet Pg. 26 17.B.d Packet Pg. 2426 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY ORDINANCE NO. 2024-______ 1 2 AN ORDINANCE OF THE BOARD OF COUNTY 3 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 4 PERTAINING TO THE ESTABLISHMENT OF A COUNTY 5 ANIMAL ABUSER REGISTRY; PROVIDING FOR TITLE; 6 PROVIDING FOR DEFINITIONS; PROVIDING FOR 7 ESTABLISHMENT OF AN ABUSER REGISTRY; PROVIDING 8 FOR REGISTRATION REQUIREMENTS INCLUDING 9 REGISTRATION FEES FOR VARIOUS ABUSE OFFENSES; 10 PROVIDING FOR PROHIBITION OF CONTACT WITH ANIMALS 11 UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR 12 PROHIBITION OF ANIMAL SHELTERS, PET SELLERS, 13 PRIVATE CITIZENS, OR OTHERS FROM TRANSFERRING 14 ANIMAL OWNERSHIP TO ABUSERS; PROVIDING FOR 15 REQUIREMENTS FOR ANIMAL SHELTERS, PET SELLERS, 16 PRIVATE CITIZENS, OR OTHERS TO ENSURE PERSON NOT 17 ON REGISTRY PRIOR TO TRANSFER OF OWNERSHIP OF 18 ANIMALS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR 19 ENFORCEMENT AND PENALTIES; PROVIDING FOR 20 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE 21 OF LAWS AND ORDINANCES; PROVIDING FOR 22 APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 23 24 WHEREAS, while the State of Florida has criminalized the cruel treatment of animals, 25 animal abuse and cruelty continues to occur in Collier County and throughout the State of Florida; 26 and 27 28 WHEREAS, the Collier County Board of County Commissioners (“Board”) finds that 29 animal cruelty is a serious problem, resulting in the abuse of many animals each year; and 30 31 WHEREAS, the Board also finds that a strong correlation has been established linking 32 individuals who abuse animals with incidents of domestic violence and that individuals who 33 abuse animals are statistically more likely to commit violent acts against humans; and 34 35 WHEREAS, the Board further finds that people who have abused animals in the past are 36 likely to do so in the future and studies show that there is a near 100% recidivism rate for certain 37 types of abuse such as animal hoarding; and 38 39 WHEREAS, animal ownership carries with it both rights and responsibilities with respect 40 to the humane treatment, care and control of owned animals; and 41 42 WHEREAS, the Board recognizes that residents of Collier County and their animals need 43 to be protected and that an online registry that identifies abusers is necessary; and 44 45 WHEREAS, in 2012, the Florida legislature attempted, but was unsuccessful in passing 46 Senate Bill 618, creating “Dexter's Law,” an act establishing a state-wide animal abuse registry; and 47 48 10.B.a Packet Pg. 27 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2427 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY WHEREAS, the Board has determined that it is in the best interest of the residents of 49 Collier County and their animals that an online registry be established identifying individuals 50 residing in Collier County convicted of certain abuse crimes that will prevent these individuals 51 from adopting, purchasing, possessing, or otherwise obtaining animals from any animal shelter, 52 pet seller, or other person or entity involved in the exchange of animals by adoption, sale, or other 53 means; and 54 55 WHEREAS, the Board finds that it will serve the public health, safety, and welfare of the 56 citizens and animals of Collier County to create this Animal Abuser Registry for Collier County. 57 58 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 59 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 60 61 SECTION ONE: TITLE. 62 63 This Ordinance shall be known and may be cited as the “Collier County Animal Abuser 64 Registry Ordinance.” 65 66 SECTION TWO: DEFINITIONS. 67 68 The following words, phrases, or terms when used in this Ordinance shall, unless 69 otherwise indicated, have the meanings provided below: 70 71 A.Animal shall mean, generally, any living dumb creature, as provided for in Florida72 Statutes. 73 74 B.Animal Enjoinment shall mean any person enjoined by the Court from further75 possession or custody of other animals under Section 828.073(4)(c)(3), Florida 76 Statutes or otherwise by Court order. 77 78 C.Abuser shall mean any persons eighteen (18) years of age or older, including juveniles79 tried as an adult, who have been convicted of an Abuse Offense.80 81 D.Abuse Offense shall mean the commission of any act that constitutes the criminal82 offense of:83 84 1.Cruelty to animals under Section 828.12, Florida Statutes;85 86 2.Fighting or baiting animals under Section 828.122, Florida Statutes;87 88 3.Killing a dog or cat with the intent to sell or give away its pelt under Section89 828.123, Florida Statutes;90 91 4.Killing or aggravated abuse of horse or cattle under Section 828.125, Florida92 Statutes;93 94 5.Sexual activities involving animals under Section 828.126, Florida Statutes;95 6.Confinement of animals without sufficient food, water, or exercise under96 10.B.a Packet Pg. 28 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2428 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY Section 828.13, Florida Statutes. 97 98 E. Abuser Registry shall mean the online Registry established by this Ordinance for 99 registering any person residing in Collier County convicted of an Abuse Offense. 100 101 F. Animal Shelter shall mean any public or privately owned organization, including, but 102 not limited to, any incorporated humane society, pound, animal protective association 103 or animal rescue group which maintains buildings, structures, or other property for the 104 purpose of harboring animals which may be stray, unwanted, lost, abandoned, or 105 abused and seeks to find appropriate temporary or permanent homes for such animals. 106 107 G. Companion Animal shall mean a domesticated or tamed animal intended to provide 108 companionship, to be used for personal use or enjoyment, or raised or intended to be 109 raised for non-agricultural purposes; not to include a service animal or other animal or 110 wildlife under the exclusive jurisdiction of the State. 111 112 H. Board shall mean the Board of County Commissioners of Collier County, Florida. 113 114 I. Conviction shall mean an adjudication of guilt, by any Court of competent 115 jurisdiction, whether upon a verdict or plea of guilty or nolo contendere plea of one or 116 more of the applicable Abuse Offenses. 117 118 J. County shall mean Collier County or its designated agent. 119 120 K. Farm Animal shall mean horses or animals used in the production of human or animal 121 food, feed or fiber regardless of whether or not the animal is actually being used or 122 raised for such purposes. 123 124 L. Person shall mean any individual (eighteen (18) years of age or older, including, when 125 appropriate, juveniles tried as an adult), firm, association, joint venture, partnership, 126 estate, trust, business trust, syndicate, fiduciary, corporation, entity, or any group or 127 combination thereof. 128 129 M. Pet Seller shall mean any individual or person, partnership, firm, corporation or other 130 entity which offers animals for sale or is engaged in the sale, exchange, or other 131 transfer of ownership of animals. 132 133 N. Registrant shall mean any individual or person required by this Ordinance to register 134 with the Sheriff for the Collier County Animal Abuser Registry. 135 136 O. Service Animal shall mean any dog or miniature horse that has been individually 137 trained to do work or perform tasks for people with disabilities as defined under the 138 Americans with Disabilities Act (ADA). 139 140 SECTION THREE: ESTABLISHING AN ABUSER REGISTRY. 141 142 The Collier County Sheriff’s Office (“Sheriff”) shall establish an online Abuser Registry 143 (“Registry”) that shall contain the names, residence, photo, and other related information of 144 10.B.a Packet Pg. 29 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2429 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY certain Abusers living in the County who are convicted of an Abuse Offense on or after the 145 effective date of this Ordinance. The online Registry will be maintained by the Sheriff, shall be 146 listed on the Sheriff’s official website, (available to be posted on the website of other public 147 agencies) and may contain links to other Abuser Registries that are available, or as they become 148 available in the future, to be used as informational resources by Animal Shelters, Pet Sellers, or 149 other persons or entities located in Collier County when they sell, exchange or otherwise transfer 150 the ownership of an animal. The Sheriff and/or any other affiliated agencies may promulgate 151 internal policies and procedures, as may be amended from time to time, necessary for the 152 implementation of this Ordinance. 153 154 The Registry shall contain the required information about each particular Abuser, 155 following his or her release from incarceration or, if not incarcerated, from the date of the 156 judgment of conviction: 157 158 A.For a period of three (3) years for a first conviction of a misdemeanor Abuse159 Offense;160 161 B.For a period of five (5) years for a first conviction of a felony Abuse Offense; and162 163 C.For a period of ten (10) years for a second or subsequent conviction of either a164 misdemeanor or felony Abuse Offense. 165 166 The page where the Registry is housed will also include a list of people who are enjoined 167 from custody of animals either in a civil case under Section 828.073(4)(c)(3), Florida Statutes, or 168 otherwise under Court order or as a condition of their sentencing in a criminal case. The 169 enjoinment list will include people enjoined from custody of animals regardless of whether the 170 Court ordered enjoinment occurred before or after the effective date of this Ordinance. 171 172 The Sheriff will attempt to ensure that the information in the Registry is accurate and 173 complete. However, the Sheriff relies on other sources for the information. As a result, the Sheriff 174 makes no express or implied guarantee concerning the accuracy or completeness of any of the 175 data in the Registry. 176 177 The information in this Registry must be used responsibly. Anyone who uses this 178 information to knowingly harass or interfere with lawful commerce shall commit a violation of 179 this Ordinance punishable as provided in Section Seven (B). 180 181 Upon notification to the Sheriff that the criminal records of a person have been expunged 182 by the Court or of a successful appeal of a conviction of an Abuse Offense by a person required to 183 register pursuant to this Ordinance, the registration information for that person shall be removed 184 from the Abuser Registry within ten (10) business days following notification. 185 186 SECTION FOUR: ABUSER REGISTRATION REQUIREMENTS. 187 188 A.All Abusers who reside in the County and who are convicted of an Abuse Offense, on or189 after the effective date of this Ordinance, must personally appear at the designated190 Sheriff’s office to register with the Collier County Abuser Registry within ten (10) business191 days after their release from incarceration or, if not incarcerated, from the date of the192 10.B.a Packet Pg. 30 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2430 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY conviction judgment. 193 194 In the event an Abuser fails to timely register, the Sheriff may elect to seek the required 195 information and to post such information on the Registry. 196 197 B.Notwithstanding the foregoing, a person who establishes residency in the County and who198 was convicted of an Abuse Offense in another Florida jurisdiction, on or after the effective199 date of this Ordinance, must, within ten (10) business days of establishing residency in the200 County, personally appear at the designated Sheriff’s office to register with the Collier201 County Abuser Registry.202 203 C.Every person required to register with the Abuser Registry shall personally appear at the204 designated Sheriff’s office to submit the following:205 206 1.Name and any aliases they may be known by;207 208 2.Current residence address or expected place of residence;209 210 3.Date of birth;211 212 4.A photograph of the front of their head and shoulders;213 214 5.Copy of judgment(s) to confirm offense(s), the date of conviction, and the215 sentence imposed; 216 217 6.Any other documentation/information as the Sheriff may deem necessary to verify218 the information provided by the registrant. 219 220 D.Every person required to register with the Abuser Registry shall pay an initial registration221 fee of $15.00 to the Sheriff’s Office. 222 223 E.Every person registered with the Abuser Registry shall personally appear at the designated224 Sheriff’s office to update their Registry information within ten (10) business days of any225 change in residential address and/or upon any official name change and shall pay a change226 fee of $5.00 to the Sheriff’s Office.227 228 F.Every person registered with the Abuser Registry shall personally appear at the designated229 Sheriff’s office to renew their registration information annually (on the anniversary date of230 the initial registration or by the first business day following, or on some other date to be231 determined by the Sheriff). At such time, the registrant's photograph and information shall232 be reviewed in order to verify the continuing accuracy of what was previously provided by233 the registrant. The registrant shall pay a renewal fee of $5.00 to the Sheriff’s Office.234 235 G.Disposition of the fee: Fees collected pursuant to this Ordinance shall be deposited by the236 Sheriff’s Office into the Sheriff’s operating account to be used to help pay the237 administrative and maintenance costs of maintaining the Registry.238 239 240 10.B.a Packet Pg. 31 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2431 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY SECTION FIVE: PROHIBITION ON CONTACT WITH ANIMALS. 241 242 A.A registrant shall not be allowed to own and/or possess and/or live in the same home with243 or on the same property as an animal while on the Registry unless otherwise provided in a244 Court order.245 246 B.A registrant shall not be allowed to work with a companion animal, with or without247 compensation or otherwise, while on the Registry unless otherwise provided in a Court248 order.249 250 C.A registrant who has been determined by a Court to be unfit to have custody of animals251 pursuant to Section 828.073, Florida Statutes shall also be bound by the determinations of252 the Court if that determination was made pursuant to the same underlying facts resulting253 in the criminal conviction that requires them to register with the Collier County Abuser254 Registry.255 256 D.The County and the Sheriff reserve the right and may exercise their right at any time they257 deem necessary to enforce or, notwithstanding any other Court order, obtain a Court order258 enjoining a registrant from owning and/or possessing and/or living with an animal and/or259 working with a companion animal while on the Registry. 260 261 E.This section shall not apply to farm animals or service animals unless there is an262 enjoinment order and/or an Abuse Offense pertaining directly to farm animals or service 263 animals. 264 265 SECTION SIX: ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR 266 OTHER ENTITIES PROHIBITED FROM TRANSFERRING ANIMAL 267 OWNERSHIP TO ABUSERS. 268 269 A.No Animal Shelter, Pet Seller, person, or entity located in the County shall sell, exchange270 or otherwise transfer the ownership of an animal to any person listed as an Abuser on the 271 Abuser Registry. 272 273 B.Prior to sale, exchange, or other transfer of ownership of any animal, the Animal Shelter,274 Pet Seller, or other commercial entity shall take whatever steps necessary to ensure that an275 animal is not being transferred to a person listed on the Registry.276 277 C.Such steps shall include, but may not be limited to, posting, when possible, current278 signage displaying registrants in well-trafficked, highly visible areas for public viewing279 and in stock/break areas of employees; notifying law enforcement upon the recognition of a280 registrant who has obtained an animal while on the Registry; and requiring the person to281 sign an affidavit attesting that they are not listed on the Registry.282 283 D.The Animal Shelter, Pet Seller, or other commercial entity shall be required to maintain the284 required affidavits and other adequate records and supporting documentation for three (3)285 years or in accordance with the required retention time set forth by business standards and286 practices governing the particular commercial establishment and record, whichever is287 greater, to assure compliance with this Ordinance. The County or the Sheriff and its288 10.B.a Packet Pg. 32 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2432 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY authorized agents shall have the right to examine all such records and documents relating 289 to compliance with this Ordinance, and the Animal Shelter, Pet Seller, or other 290 commercial entity may be required to cooperate and permit the County of the Sheriff to 291 examine all such records and documents relating to compliance with this Ordinance. 292 293 E.It shall not be a violation if the Animal Shelter, Pet Seller, private citizen or commercial294 entity checked with the Abuser Registry and the name of the Abuser did not appear295 thereon as required.296 297 F.This section shall not apply to farm animals or to service animals.298 299 SECTION SEVEN: PENALTIES. 300 301 A.Any Abuser required to initially register with the Collier County Abuser Registry, update302 changes in address or name, annually renew their Registry information, pay any required303 fees, comply with the prohibition on contact with certain animals, and/or comply with any304 Court-issued enjoinment order under this Ordinance, and fails to do so, may be prosecuted305 in any or all of the following manners:306 307 1.Pursuant to the provisions of Section 125.69, Florida Statutes, any person violating308 these provisions may be subject to prosecution in the name of the State in the same 309 manner as misdemeanors are prosecuted; and, upon conviction, such person shall 310 be punished by a fine not to exceed $500.00, or by imprisonment in the County jail 311 not to exceed 60 days, or by both such fine and imprisonment; 312 313 2.Nothing contained herein shall prevent the County or Sheriff from taking such314 other lawful action in law and equity as may be necessary to remedy any violation 315 of, or refusal to comply with, any part of this Ordinance, including, but not limited 316 to, pursuit of injunctive and/or declaratory relief and/or enjoinment, or other 317 equitable relief in a Court of competent jurisdiction, or initiating an action to 318 recover any and all damages that may result from a violation of, or refusal to 319 comply with, any part of this Ordinance; 320 321 3.Each day of a continuing violation shall constitute a separate violation.322 323 B.Any individual or entity that sells, exchanges or otherwise transfers the ownership of an324 animal to any person listed as an Abuser on the Abuser Registry, in violation of Section 6325 of this Ordinance, shall be penalized in the following manner:326 327 1.For the first offense, a warning notice shall be issued by the County or Sheriff;328 329 2.For a second offense, a fine may be imposed pursuant to the provisions of Section330 125.69, Florida Statutes;331 332 3.For a third or subsequent violation, the individual or entity may be prosecuted in333 any or all of the following manners set forth above for Abusers.334 335 336 10.B.a Packet Pg. 33 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2433 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 : COPY SECTION EIGHT: SEVERABILITY. 337 338 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 339 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 340 phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a 341 separate, distinct and independent provision and such holding shall not affect the validity of the 342 remaining portion. 343 344 SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 345 346 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 347 Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-348 lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 349 any other appropriate word. 350 351 SECTION TEN: APPLICABILITY. 352 353 All provisions of this Ordinance shall be applicable throughout the incorporated and 354 unincorporated areas of the Collier County where there is no existing conflict of law, municipal 355 ordinances concerning this matter, or unless any municipality determines to opt-out of this 356 Ordinance’s provisions. 357 358 SECTION ELEVEN: EFFECTIVE DATE. 359 360 This Ordinance shall take effect immediately upon receipt of the official acknowledgment 361 from the office of the Secretary of State of Florida that this Ordinance has been filed with that 362 office. 363 364 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 365 County, Florida, this _____day of _________________2024. 366 367 368 ATTEST: BOARD OF COUNTY COMMISSIONERS 369 CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA 370 371 372 By: __________________________ By: _____________________________ 373 , Deputy Clerk Chris Hall, Chairman 374 375 376 Approved as to form and legality: 377 378 _______________________________ 379 Jeffrey A. Klatzkow, County Attorney 380 381 10.B.a Packet Pg. 34 Attachment: Ordinance - Animal Abuse Registry (line numbered) (28756 : Recommendation to adopt an Ordinance establishing the Collier17.B.d Packet Pg. 2434 Attachment: prior agenda item for Animal Abuser Registry - item 10B, 5.14.24 BCC meeting - Executive Summary & ordinance (28948 :