Broward County Commission Public Hearing


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AI-17092 5.       
Meeting Date: 06/24/2014  
Director's Name: Cynthia Chambers Submitted By: Environmental Protection
Department: Environmental Protection Division: Animal Care & Adoption

Requested Action
MOTION TO ADOPT Resolution No. 2014-363 of the Board of County Commissioners of Broward County, Florida, the title of which is as follows: (Continued from June 10, 2014  - Item No. 11)

A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO ANIMAL CARE; AMENDING SECTION 40.38 OF THE BROWARD COUNTY ADMINISTRATIVE CODE, ("CODE"), “ANIMAL CARE AND ADOPTION FEE SCHEDULE”; PROVIDING FOR A BREEDER FEE AND PENALTY; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

ACTION: (T-2:34 PM) Approved with the Purple-Sheeted Additional Material, dated June 24, 2014, submitted at the request of Environmental Protection and Growth Management.  (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner Gunzburger was not present.
Why Action is Necessary
Pursuant to Section 3.04 of the Broward County Charter, a public hearing shall be held concerning the adoption of proposed amendments to the Broward County Administrative Code.
What Action Accomplishes
Approves the proposed fees and fines for the breeder program.
Is this Action Goal Related
Previous Action Taken
None.
Summary Explanation/ Background
THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ANIMAL CARE AND ADOPTION DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

On June 11, 2013, the Board of County Commissioners (Board) unanimously approved a five-part agenda item covering a range of animal care and regulatory issues. Item D of the agenda, was a motion to direct the County Attorney to draft an amendment to Chapter 4 of the Broward County Code of Ordinances to establish regulations for the permitting and regulation of commercial and hobby breeders.

In accordance with Item D, on October 8, 2013, the Board approved an amendment to Chapter 4 of the Broward County Code of Ordinances providing for breeder permits and requirements, including provisions for a breeder permit fee as well as a civil penalty for failure to obtain the permit. Section 4-6.5(l) of the Code of Ordinance states that all fees and fines associated with this program shall be utilized for spay and neuter programs.

This proposed resolution (Exhibit 1) amends Chapter 40 of the Broward County Administrative Code to establish the breeder permit fee as well as the civil penalty for those breeders who fail to obtain the required breeder permit. The proposed fee for the breeder permit is $100 and is valid for one year from the date of issuance; it must be renewed annually. In addition to the license renewal fee, if a breeder is cited for failure to obtain the required breeder permit, an additional $50 fee is assessed.  The forthcoming additional material will revise the amount of the penalty for failure to obtain a breeder permit.

Although the Animal Care and Adoption Division (ACAD) has done extensive research in trying to estimate the number of active breeders within the County, it has been difficult to determine an actual count. Based on a wide-range of advertising platforms, such as Craigslist, eBay Classifieds, Facebook, weekly community papers and traditional newspaper ads the initial numbers are staggering.

By comparison, Palm Beach Animal Control Service advised their breeder registration program yielded initial counts of up to 400 breeders that came forward during a free registration phase, but has leveled off to approximately 240 annual renewals. Based on comparative population statistics, ACAD estimates registration will minimally be at the Palm Beach County levels, with the potential to increase by 33%.

Following the October 8, 2013 approval to establish fees, the Division has been researching possible permitting revenue. To date, the information is inconclusive and requires an in-depth field investigation to more fully quantify potential breeders and associated revenue. The Fiscal Impact Statement accompanying the October 8, 2013 approval of the ordinance change indicated the potential need for an additional administrative/clerical position to support this program and the necessary research. However, at this time based on Budget’s recommendation and uncertainty of the available data, the Division will complete a more detailed review of work load utilizing one PT-19 position at an approximate cost of $20,000 and will come back to the Board should a full time position be necessary.

Amendments to the Resolution requested by the Board on June 10, 2014 will be distributed as additional material.

Fiscal Impact
Fiscal Impact/Cost Summary:
TBD.
Attachments
Exhibit 1 - Resolution
Additional Material - Information


    

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