Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO RATIFY action taken by the County Attorney and County Administrator, on behalf of Broward County, to authorize the June 13, 2024, filing of Broward County’s Petition to Take Custody of Animals Found in Distress Pursuant to Section 828.073, Florida Statutes, due to an immediate filing deadline.
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Why Action is Necessary
Section 1-51.3(c)(1)(a) of the Broward County Code of Ordinances authorizes the County Attorney to file an action that has an immediate filing deadline or seeks emergency relief, provided that the County Administrator (or designee) provides a written concurrence that the filing is appropriate under the circumstances, and provided that the County Attorney promptly seeks ratification of the filing by the Board at a scheduled Board meeting.
What Action Accomplishes
Ratifies the filing of Broward County’s Petition to Take Custody of Animals Found in Distress Pursuant to Section 828.073, Florida Statutes.
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Previous Action Taken
Summary Explanation/Background
Broward County residents Cassius Cooper, Jr., and Zaboora Hatcher housed 10 dogs in a nonventilated storage unit. The dogs were kept in cages on a makeshift loft and the conditions were neither clean, sanitary, nor humane. Additionally, there was no food and insufficient water in the cages, which was particularly concerning given the hot temperatures both outside and inside the storage unit's loft. Based on these conditions, the Broward Sheriff’s Office removed the animals from the storage unit on June 3, 2024, and they were impounded by the Animal Care Division (“Division”).
On June 13, 2024, the Office of the County Attorney filed a Petition pursuant to Section 828.073, Florida Statutes, which authorizes the removal of animals found in distress. A memo was submitted to the Board the next day regarding the filing (Exhibit 1). A hearing was held on July 12, 2024, and the Court granted the Petition, removing the animals from both Mr. Cooper and Ms. Hatcher and placing them in the custody of the Division. Additionally, the Court enjoined Mr. Cooper from any future animal ownership because of his prior history of citations from the Division for animal cruelty due to improper housing.
The Office of the County Attorney also filed a motion to recover costs incurred during the litigation for service of process, court reporting, and boarding the animals. On July 31, 2024, the Court entered a Final Judgment for Costs, awarding the County $8,795. The Office of the County Attorney will pursue collection of this Judgment.
Source of Additional Information
Maite Azcoitia, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
All legal work was performed by the Office of the County Attorney within existing resources. Litigation costs (service of process, court reporter appearance fee, and boarding the animals) amounted to $8,795.