Florida/Georgia Personal Injury & Workers Compensation

...87-71 (authorizing registered groups to investigate animal cruelty complaints, passed September 22, 1987); and No. 87-72 (prohibiting the slaughtering of any animals on premises not properly zoned for that purpose, passed September 22, 1987). The City passed the ordinances pursuant to § 828.27, which authorizes municipalities to enact ordinances which are not in conflict with Chapter 828....

...rotects the ritual slaughter of animals; and 2) the ordinances provide for a criminal penalty and authorize private parties to assist in the prosecution of violations of the ordinance and thus violate the restrictions on ordinances set forth in F.S. § 828.27....

...An ordinance is preempted by state law only where the municipal ordinance directly conflicts with the state statute. Boven v. City of St. Petersburg, 73 So.2d 232, 234 (Fla.1954). Thus, the ordinances in the case sub judice are only invalid if they conflict with F.S. § 828.27(4). Florida Statute § 828.27(4) permits a municipality to adopt an ordinance identical to Chapter 828, but forbids a "municipal ordinance relating to animal control or cruelty [from] conflict[ing] with the provisions of" Chapter 828....

...n to the Humane Slaughter Act, and that all slaughters could only be performed in areas zoned for that use. [46] Plaintiffs next challenge the validity of the ordinances on the ground that the Hialeah ordinances provide for a criminal penalty, while § 828.27(2) only permits a civil penalty. Thus, Plaintiffs argue that the ordinances are in conflict with the state statute and must be struck down. Section 828.27(2) controls penalties in "ordinances relating to animal control or cruelty." Ordinance 87-72 is an ordinance "Prohibiting The Slaughtering Of Animals Upon Any Premises in the City of Hialeah, Florida, Except Those Premises Properly Zon...

...ferent from those relating to animal control or cruelty. Because the ordinances do not solely relate to animal control or cruelty, the statute establishing the maximum penalty for violation of such an ordinance is inapplicable. Additionally, even if § 828.27 did apply to the ordinances, that provision specifically authorizes municipalities to enact an ordinance identical to the state law "except as to penalty." While § 828.27 focuses on ordinances with a civil penalty, another section of that Chapter, § 828.12, directly provides a criminal punishment, as a first degree misdemeanor, for unnecessarily or cruelly beating, mutilating or killing an animal....

...meaning must be ascribed to the word or phrase whenever it is repeated in the statute unless contrary intent clearly appears."). Accordingly, section 767.14 is not directly applicable to our conflict analysis. The parties also dispute the effect of section 828.27(7), Florida Statutes (2010), which is directly applicable to our analysis....

...which is identical to the provisions of this chapter or any other state law, except as to penalty. However, no county ... ordinance relating to animal control ... shall conflict with the provisions of this chapter or any other state law. (Emphasis added.) Together, sections 828.27(7) and 767.14 clarify that the state has not preempted the area of animal control and, although local governments may enact their own ordinances regarding dangerous dogs, those ordinances must not conflict with state law....

...The legislature expressly defined a dangerous *1181 dog as having more than once severely injured or killed a domestic animal. Broward's designation of Mercedes as a dangerous dog pursuant to its own definition in section 4-2(k)(2) cannot stand. Nothing in section 767.14, section 828.27(7), or general conflict law authorized Broward to alter the definition of the statutory term "dangerous dog." See Nicholson, 600 So.2d at 1103....

...Although Broward has not authorized an action that the legislature has expressly forbidden, see Mulligan, 934 So.2d at 1247, the destruction of a dog that has killed only a single domestic animal is forbidden when section 767.13 is read together with sections 767.11(1)(b) and 828.27(7)....

...es vaccination certificate for the purpose of controlling the transmission of rabies; however, the receiving agencies and authorities must not release the exempt information." Violation of this section is a civil infraction punishable as provided in section 828.27 (2), Florida Statutes....

..., and a rescue and rehabilitation source for abandoned, abused, or lost pets. It also operated a computerized "lost and found" service in Broward, Palm Beach and Dade Counties which was utilized by law enforcement agencies. In reviewing the terms of section 828.27 (2), Florida Statutes, this office recognized that the statute exempts from public disclosure any information in rabies vaccination certificates identifying the owner of the animal vaccinated....

...To the extent the public entity carries out a public function on behalf of the local government, however, it would be subject to the provisions of the Public Records Act. Sincerely, Bill McCollum Attorney General BM/tals 1 Ordinance No. 07-010, St. Lucie County Code of Ordinances. 2 Section 828.30 (6), Fla. Stat. Section 828.27 (2), Fla....

ordinance enacted pursuant to Ch. 828, F.S. Section 828.27, F.S., authorizes the governing body of a county

...ing the failure to timely pay the civil penalty imposed pursuant to Part II, Chapter 162 , Florida Statutes, as a criminal misdemeanor and is prohibited from doing so by Article I , section 18 of the Florida Constitution. Further, the clear terms of section 828.27 , Florida Statutes, and the constitutional provisions discussed herein constitute a prohibition against Gilchrist County adopting an ordinance imposing a criminal penalty for failure to timely pay the civil penalty imposed pursuant to the county's animal control or cruelty ordinance adopted pursuant to section 828.27 (2), Florida Statutes....

...You note that Gilchrist County is authorized by various statutes to issue civil citations imposing civil penalties for violations of county regulations. You cite as examples the civil citations authorized for violations of animal control regulations under section 828.27 , Florida Statutes, and the code enforcement provisions for civil citations authorized by Part II, Chapter 162 , Florida Statutes....

...The county has no authority to adopt an ordinance designating the failure to timely pay the civil penalty imposed pursuant to Part II, Chapter 162 , Florida Statutes, as a criminal misdemeanor and is prohibited from doing so by Article I , section 18 of the Florida Constitution. You have also cited section 828.27 , Florida Statutes, relating to local animal control or cruelty ordinances and the penalties that may be imposed for violations of these ordinances....

...prisonment in the county jail for a period not to exceed 60 days, or by both such fine and imprisonment, for each violation of such ordinance." Thus, the Legislature has provided counties with an option to impose criminal penalties for violations of section 828.27 , Florida Statutes, but limited application of those penalties to situations involving violations of ordinances prohibiting or regulating noise. Where a statute sets forth exceptions, no others may be implied to be intended. 10 Therefore, it is my opinion that the clear terms of section 828.27 , Florida Statutes, and the constitutional provisions discussed above constitute a prohibition against Gilchrist County adopting an ordinance imposing a criminal penalty for failure to timely pay the civil penalty imposed pursuant to the county's animal control or cruelty ordinance adopted pursuant to section 828.27 (2), Florida Statutes....

citizens in an appropriate case."21 QUESTION TWO Section 828.27, F.S. (1986 Supp.), authorizes the governing

...May the city authorize such animal control officers to carry nonchemical stun devices such as taser guns? In sum: 1. The City of North Port may not authorize any animal control officers who are not law enforcement officers to carry firearms, including small-caliber rifles. 2. While section 828.27 , Florida Statutes, authorizes a city or county to adopt an ordinance authorizing its animal control officers to carry a device to chemically subdue and tranquilize an animal provided that the officer has successfully completed trainin...

...nimal control officers. Presently the city's animal control officers are not law enforcement officers who are otherwise authorized to bear arms. 1 According to your letter, the purpose of the ordinance would be to implement some of the provisions of section 828.27 , Florida Statutes. Section 828.27 , Florida Statutes, authorizes the governing body of a county or municipality to enact ordinances relating to animal control or cruelty....

...aw, "except as to penalty." 3 However, "no county or municipal ordinance relating to animal control or cruelty shall conflict with the provisions of this chapter or any other state law." 4 The term "Animal control officer" is defined for purposes of section 828.27 , Florida Statutes, to means: "any person employed or appointed by a county or municipality who is authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty and to issue citations as provided in this section....

...above is not authorized to bear arms. It is a principle of statutory construction that when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 6 Moreover, as noted above, section 828.27 (7), Florida Statutes, provides that "no county or municipal ordinance relating to animal control or cruelty shall conflict with the provisions of this chapter or any other state law." Accordingly, I am of the opinion that the City of North Port may not authorize any animal control officers who are not law enforcement officers to carry firearms, including small-caliber rifles. Question Two Section 828.27 (1)(b), Florida Statutes, in defining "animal control officer" for purposes of the statute, states that while an officer is not authorized to bear arms or make arrests, such officer "may carry a device to chemically subdue and tranquil...

...r projectile and is designed solely for defensive purposes. 10 Chapter 790 also permits the carrying of a chemical spray for self defense by private individuals; however, for an animal control officer to carry such a device in his official capacity, section 828.27 , Florida Statutes, requires the officer to have completed certain training. Section 828.27 , however, makes no provision for the use of stun guns by animal control officers when carrying out their official duties. Accordingly, I am of the opinion that while section 828.27 , Florida Statutes, authorizes a city or county to adopt an ordinance authorizing its animal control officers to carry a device to chemically subdue and tranquilize an animal, provided that the officer has successfully completed traini...

...of animals, or seizure and impoundment of animals and includes any state or local law enforcement officer or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal." (e.s.) 2 See , s. 828.27 (2), Fla. Stat. 3 Section 828.27 (7), Fla. Stat. 4 Id . 5 Section 828.27 (1)(b), Florida Statutes. 6 See, e.g., Alsop v. Pierce , 19 So.2d 799 , 805 (Fla. 1944); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). 7 The statute also provides for other training for animal control officers. See , s. 828.27 (4)(a), Fla....