Ordinance 2024-24 ORDINANCE NO. 2024 -2 4
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.
WHEREAS, while the State of Florida has criminalized the cruel treatment of animals,
animal abuse and cruelty continues to occur in Collier County and throughout the State of Florida;
and
WHEREAS, the Collier County Board of County Commissioners ("Board") finds that
animal cruelty is a serious problem, resulting in the abuse of many animals each year; and
WHEREAS, the Board also finds that a strong correlation has been established linking
individuals who abuse animals with incidents of domestic violence and that individuals who abuse
animals are statistically more likely to commit violent acts against humans; and
WHEREAS, the Board further finds that people who have abused animals in the past are
likely to do so in the future and studies show that there is a near 100% recidivism rate for certain
types of abuse such as animal hoarding; and
WHEREAS, animal ownership carries with it both rights and responsibilities with respect
to the humane treatment, care and control of owned animals; and
WHEREAS,the Board recognizes that residents of Collier County and their animals need to
be protected and that an online registry that identifies abusers is necessary; and
WHEREAS,the Board has determined that it is in the best interest of the residents of Collier
County and their animals that an online registry be established identifying individuals residing in
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Collier County convicted of certain abuse crimes that will prevent these individuals from adopting,
purchasing, possessing, or otherwise obtaining animals from any animal shelter, pet seller, or other
person or entity involved in the exchange of animals by adoption, sale, or other means; and
WHEREAS, the Board finds that it will serve the public health, safety, and welfare of the
citizens and animals of Collier County to create this Animal Abuser Registry for Collier County.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: TITLE.
This Ordinance shall be known and may be cited as the "Collier County Animal Abuser
Registry Ordinance."
SECTION TWO: DEFINITIONS.
The following words, phrases, or terms when used in this Ordinance shall, unless otherwise
indicated, have the meanings provided below:
A. Animal shall mean, generally, any living dumb creature, as provided for in Florida
Statutes, but limited to mammals, birds and reptiles.
B. Animal Enjoinment shall mean any person enjoined by the Court from further
possession or custody of other animals under Section 828.073(4)(c)(3), Florida Statutes
or otherwise by Court order.
C. Abuser shall mean any persons eighteen (18) years of age or older, including juveniles
tried as an adult, who have been convicted or adjudicated delinquent, regardless of
whether adjudication is withheld of an Abuse Offense.
D. Abuse Offense shall mean the commission of any act that constitutes the criminal
offense of:
1. Cruelty to animals under Section 828.1 2, 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;
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6. Confinement of animals without sufficient food, water, or exercise under
Section 828.13, Florida Statutes.
7. Violation of Section 500.451, Florida Statutes.
8. With respect to farm animals, any animal abuse convictions or adjudicated
delinquent, regardless of whether adjudication is withheld.
E. Abuser Registry shall mean the online Registry established by this Ordinance for
registering any person residing in Collier County convicted of an Abuse Offense.
F. Animal Shelter shall mean any public or privately owned organization, including, but
not limited to, any incorporated humane society, pound, animal protective association
or animal rescue group which maintains buildings, structures, or other property for the
purpose of harboring animals which may be stray, unwanted, lost, abandoned, or abused
and seeks to find appropriate temporary or permanent homes for such animals.
G. Companion Animal shall mean a domesticated or tamed animal intended to provide
companionship, to be used for personal use or enjoyment, or raised or intended to be
raised for non-agricultural purposes; not to include a service animal or other animal or
wildlife under the exclusive jurisdiction of the State.
H. Board shall mean the Board of County Commissioners of Collier County, Florida.
I. Conviction shall mean an adjudication of guilt or adjudicated delinquent, regardless of
whether adjudication is withheld, by any Court of competent jurisdiction,whether upon
a verdict or plea of guilty or nolo contendere plea of one or more of the applicable Abuse
Offenses.
J. County shall mean Collier County or its designated agent.
K. Farm Animal shall mean horses or animals used in the production of human or animal
food, feed or fiber regardless of whether or not the animal is actually being used or
raised for such purposes.
L. Person shall mean any individual (eighteen (18) years of age or older, including, when
appropriate, juveniles tried as an adult), firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, entity, or any group or
combination thereof.
M. Pet Seller shall mean any individual or person, partnership, firm, corporation or other
entity which offers animals for sale or is engaged in the sale, exchange, or other transfer
of ownership of animals.
N. Registrant shall mean any individual or person required by this Ordinance to register
with the Sheriff for the Collier County Animal Abuser Registry.
O. Service Animal shall mean any dog or miniature horse that has been individually trained
to do work or perform tasks for people with disabilities as defined under the Americans
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with Disabilities Act (ADA).
SECTION THREE: ESTABLISHING AN ABUSER REGISTRY.
The Collier County Sheriff's Office ("Sheriff") shall establish an online Abuser Registry
("Registry")that shall contain the names, residence, photo, and other related information of certain
Abusers living in the County who are convicted of an Abuse Offense on or after the effective date
of this Ordinance. The online Registry will be maintained by the Sheriff, shall be listed on the
Sheriff's official website, (available to be posted on the website of other public agencies) and may
contain links to other Abuser Registries that are available, or as they become available in the future,
to be used as informational resources by Animal Shelters, Pet Sellers, or other persons or entities
located in Collier County when they sell,exchange or otherwise transfer the ownership of an animal.
The Sheriff and/or any other affiliated agencies may promulgate internal policies and procedures,
as may be amended from time to time, necessary for the implementation of this Ordinance.
The Registry shall contain the required information about each particular Abuser, following
his or her release from incarceration or, if not incarcerated, from the date of the judgment of
conviction:
A. For a period of three (3) years for a first conviction of a misdemeanor Abuse
Offense;
B. For a period of five (5) years for a first conviction of a felony Abuse Offense; and
C. For a period of ten (10) years for a second or subsequent conviction of either a
misdemeanor or felony Abuse Offense;
D. For an additional period of three (3) years following any violation of this Ordinance.
The page where the Registry is housed will also include a list of people who are enjoined
from custody of animals either in a civil case under Section 828.073(4)(c)(3), Florida Statutes, or
otherwise under Court order or as a condition of their sentencing in a criminal case. The enjoinment
list will include people enjoined from custody of animals regardless of whether the Court ordered
enjoinment occurred before or after the effective date of this Ordinance,and the Registry time period
shall be the longer of this ordinance, or the time period set forth in a Court order or as a condition of
their sentencing in a criminal case.
The Sheriff will attempt to ensure that the information in the Registry is accurate and
complete. However, the Sheriff relies on other sources for the information. As a result, the Sheriff
makes no express or implied guarantee concerning the accuracy or completeness of any of the data
in the Registry.
The information in this Registry must be used responsibly. Anyone who uses this
information to knowingly harass or interfere with lawful commerce shall commit a violation of this
Ordinance punishable as provided in Section Seven (B).
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Upon notification to the Sheriff that the criminal records of a person have been expunged
by the Court or of a successful appeal of a conviction of an Abuse Offense by a person required to
register pursuant to this Ordinance, the registration information for that person shall be removed
from the Abuser Registry within ten (10) business days following notification.
SECTION FOUR: ABUSER REGISTRATION REQUIREMENTS.
A. All Abusers who reside in the County and who are convicted of an Abuse Offense, on or
after the effective date of this Ordinance, and Abusers convicted within the past 3 years for
Misdemeanors and 5 years for Felonies, must personally appear at the designated Sheriff's
office to register with the Collier County Abuser Registry within ten(10)business days after
their release from incarceration or, if not incarcerated, from the date of the conviction
judgment.
In the event an Abuser fails to timely register,the Sheriff may elect to seek the required
information and to post such information on the Registry.
B. Notwithstanding the foregoing, a person who establishes residency in the County, together
with seasonal residents who live within the County at least thirty days, and who was
convicted of an Abuse Offense in another Florida jurisdiction, on or after the effective date
of this Ordinance, must, within ten (10) business days of establishing residency in the
County, personally appear at the designated Sheriff's office to register with the Collier
County Abuser Registry.
C. Every person required to register with the Abuser Registry shall personally appear at the
designated Sheriff's office to submit the following:
1. Name and any aliases they may be known by;
2. Current residence address or expected place of residence;
3. Date of birth;
4. A photograph of the front of their head and shoulders;
5. Copy of judgment(s) to confirm offense(s), the date of conviction, and the
sentence imposed;
6. Any other documentation/information as the Sheriff may deem necessary to verify
the information provided by the registrant.
D. Every person required to register with the Abuser Registry shall pay an initial registration
fee of$15.00 to the Sheriff's Office.
E. Every person registered with the Abuser Registry shall personally appear at the designated
Sheriff's office to update their Registry information within ten (10) business days of any
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change in residential address and/or upon any official name change and shall pay a change
fee of$5.00 to the Sheriff's Office.
F. Every person registered with the Abuser Registry shall personally appear at the designated
Sheriff's office to renew their registration information annually (on the anniversary date of
the initial registration or by the first business day following, or on some other date to be
determined by the Sheriff). At such time, the registrant's photograph and information shall
be reviewed in order to verify the continuing accuracy of what was previously provided by
the registrant. The registrant shall pay a renewal fee of$5.00 to the Sheriff's Office.
G. Disposition of the fee: Fees collected pursuant to this Ordinance shall be deposited by the
Sheriff's Office into the Sheriff's operating account to be used to help pay the administrative
and maintenance costs of maintaining the Registry.
SECTION FIVE: PROHIBITION ON CONTACT WITH ANIMALS.
A. A registrant shall not be allowed to own and/or possess and/or live in the same home with
or on the same property as an animal while on the Registry unless otherwise provided in a
Court order.
B. A registrant shall not be allowed to work with a companion animal, with or without
compensation or otherwise,while on the Registry unless otherwise provided in a Court order.
C. A registrant who has been determined by a Court to be unfit to have custody of animals
pursuant to Section 828.073, Florida Statutes shall also be bound by the determinations of
the Court if that determination was made pursuant to the same underlying facts resulting in
the criminal conviction that requires them to register with the Collier County Abuser
Registry.
D. The County and the Sheriff reserve the right and may exercise their right at any time they
deem necessary to enforce or, notwithstanding any other Court order, obtain a Court order
enjoining a registrant from owning and/or possessing and/or living with an animal and/or
working with a companion animal while on the Registry.
SECTION SIX: ANIMAL SHELTERS, PET SELLERS, PRIVATE CITIZENS, OR
OTHER ENTITIES PROHIBITED FROM TRANSFERRING ANIMAL
OWNERSHIP TO ABUSERS.
A. No Animal Shelter, Pet Seller, person, or entity located in the County shall sell, exchange
or otherwise transfer the ownership of an animal to any person listed as an Abuser on the
Abuser Registry.
B. Prior to sale, exchange, or other transfer of ownership of any animal, the Animal Shelter,
Pet Seller, or other commercial entity shall take whatever steps necessary to ensure that an
animal is not being transferred to a person listed on the Registry.
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C. Such steps shall include, but may not be limited to,posting, when possible, current signage
displaying registrants in well-trafficked, highly visible areas for public viewing and in
stock/break areas of employees; notifying law enforcement upon the recognition of a
registrant who has obtained an animal while on the Registry; and requiring the person to
sign an affidavit attesting that they are not listed on the Registry.
D. The Animal Shelter, Pet Seller, or other commercial entity shall be required to maintain the
required affidavits and other adequate records and supporting documentation for three (3)
years or in accordance with the required retention time set forth by business standards and
practices governing the particular commercial establishment and record, whichever is
greater, to assure compliance with this Ordinance. The County or the Sheriff and its
authorized agents shall have the right to examine all such records and documents relating
to compliance with this Ordinance, and the Animal Shelter, Pet Seller, or other commercial
entity may be required to cooperate and permit the County of the Sheriff to examine all such
records and documents relating to compliance with this Ordinance.
E. It shall not be a violation if the Animal Shelter, Pet Seller, private citizen or commercial
entity checked with the Abuser Registry and the name of the Abuser did not appear thereon
as required.
SECTION SEVEN: PENALTIES.
A. Any Abuser required to initially register with the Collier County Abuser Registry, update
changes in address or name, annually renew their Registry information, pay any required
fees, comply with the prohibition on contact with certain animals, and/or comply with any
Court-issued enjoinment order under this Ordinance, and fails to do so, may be prosecuted
in any or all of the following manners:
1. Pursuant to the provisions of Section 125.69, Florida Statutes, any person violating
these provisions may be subject to prosecution in the name of the State in the same
manner as misdemeanors are prosecuted; and, upon conviction, such person shall be
punished by a fine not to exceed $500.00, or by imprisonment in the County jail not
to exceed 60 days, or by both such fine and imprisonment;
2. Nothing contained herein shall prevent the County or Sheriff from taking such other
lawful action in law and equity as may be necessary to remedy any violation of, or
refusal to comply with, any part of this Ordinance, including, but not limited to,
pursuit of injunctive and/or declaratory relief and/or enjoinment, or other equitable
relief in a Court of competent jurisdiction, or initiating an action to recover any and
all damages that may result from a violation of, or refusal to comply with, any part
of this Ordinance;
3. Each day of a continuing violation shall constitute a separate violation.
B. Any individual or entity that sells, exchanges or otherwise transfers the ownership of an
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animal to any person listed as an Abuser on the Abuser Registry, in violation of Section 6
of this Ordinance, shall be penalized in the following manner:
1. For the first offense, a warning notice shall be issued by the County or Sheriff;
2. For a second offense, a fine may be imposed pursuant to the provisions of Section
125.69, Florida Statutes;
3. For a third or subsequent violation,the individual or entity may be prosecuted in any
or all of the following manners set forth above for Abusers.
SECTION EIGHT: SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION NINE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"or any
other appropriate word.
SECTION TEN: APPLICABILITY.
All provisions of this Ordinance shall be applicable throughout the incorporated and
unincorporated areas of the Collier County where there is no existing conflict of law, municipal
ordinances concerning this matter, or unless any municipality determines to opt-out of this
Ordinance's provisions.
SECTION ELEVEN: EFFECTIVE DATE.
This Ordinance shall take effect immediately upon receipt of the official acknowledgment
from the office of the Secretary of State of Florida that this Ordinance has been filed with that office.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 1.5011 day of (not , 2024.
ATTEST' ,••''r>-: .. 0-, BOARD OF COUNTY COMMISSIONERS
CRYST , !Si . M CLERK COLLIER C UNTY, FLORIDA
By: `� Ari By:
a� i
, .�•uty. Berk , Chr all, Chairman
Atte . to Chairman's
sic at a only
Approves as o , r , a • -• lity:
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1111,iiip..._
Jeffrey • fI latz ow, County Attorney
i
This ord'+nerlce flied with the
Ser story of st t 'sf`2o
A. day of /�
and acknowledge entt'lof that
fi!in e�'ei••ed ti is ..u-- day
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•
•
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
May 30, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-24, which was filed in this office on May 29, 2024.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
MJH/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270