Sunday, October 21, 2012

Who will care for seized animals? According to statutes, it’s the county

FLORIDA -- A recent animal abuse case has sparked a rather one-sided debate on just who is responsible for caring for these animals when they are taken from their owners-especially, large animals such as cows and horses.

The reason this is a one-sided debate is that only the Okeechobee County Sheriff's Office (OCSO) is talking about the situation. As of newspaper deadline, no one from the administrative branch of Okeechobee County government has returned phone calls seeking comment.


At the heart of the issue are four horses that, according to the arresting deputy's report, were rated as poor to thin in the Sept. 9 case. OCSO Deputy Howard Pickering went on to point out in his arrest report that there were also 34 dogs, six hogs, six chickens and two goats on the property. Nine of those dogs were living inside the home, added his report.

Since the arrest of the owner of those animals, Okeechobee County Animal Control has gone to the residence and removed some of the dogs.

In a Tuesday, Sept. 11, interview animal control head Gary Barber said he was waiting on a veterinarian to perform Coggins tests on the horses and that he expected to get the horses that same day. He went on to say his office had removed seven or eight of the dogs from the home.

However, as of Monday, Sept. 17, Deputy Pickering said all of the horses were still on the premises. And as of his last count, 14 dogs had been removed from the home on N.E. 301st Boulevard.

Which brings up this question: Who is responsible for seeing to it that these animals are properly cared for and nursed back to health?

When animal control was contacted Tuesday morning, Mr. Barber said he couldn't respond to the question because it was a sheriff's office case.

When the sheriff's office was contacted, they said they were waiting to hear from the county.

County officials have not returned the newspaper's phone calls in regard to the animals.

OCSO Major Noel Stephen said about two years ago he and Sheriff Paul May had discussions with county administrator Robbie Chartier, deputy county administrator Jim Threewits and county attorney Laura McCall about such situations. Maj. Stephen said this discussion centered around the fact that the sheriff's office is handling more and more abuse cases dealing with large animals, and how the county needs to have a facility where these animals can be placed for a short period of time.

"They left me thinking they were going to move forward with this," said Maj. Stephen. He went on to explain that the sheriff's office has the authority to collect the animals, but it's up to the county to take care of them.

And, Florida statute 588.21 backs him up.

That statute states: "The county commissioners of the several counties of Florida shall establish and maintain pounds or suitable places for the keeping of any livestock taken up and impounded hereunder until the same shall be sold, redeemed or otherwise disposed of, which pounds or other suitable places may be a part of or operated in conjunction with a county animal control center. In any case, such county commissioners shall provide truck transportation for the impounded animals."

Other counties face the same problem.

"They don't have a choice. It's the county's obligation," said Glades County Sheriff Stuart Whiddon. "I couldn't find a way to get around it. It (the statute) may be vague, but who else is going to do it?"
Sheriff Whiddon explained that he went before Glades County commissioners and told them about the problem his agency was having and suggested they use some county property by the county barn on S.R. 78. So, he said, the county fenced in a few acres, piped water to some troughs then put in some gates and holding pens.

When seized animals are being held there, Sheriff Whiddon said his agriculture deputy feeds them and cares for them every day. If cattle are seized, they are nursed back to health then sold. The proceeds from their sale then goes to the county to pay for their expenses. If there is any money left once those expenses are paid, it is given to the owner of the animals.

In the case of horses, Sheriff Whiddon said they don't keep them. Instead, the animals are taken to a couple different groups in Fort Myers who either keep the horses or see to it they are adopted. Glades County pays for the Coggins test on the horses.

"If you're not careful, this can run into quite a bit of money for the county. But, we try to recover as much as possible," he said.

Small animals are cared for by the county's animal control facility.

Sheriff's office trucks and trailers are used to move the large animals, added Sheriff Whiddon.

Chief Deputy Randy Dey, of the Hardee County Sheriff's Office, said they used to use a livestock market to house animals but it has closed.

"Now, we have some local ranchers who store animals for us," he said.

As in Glades County, Chief Deputy Dey said seized cattle are cared for then sold. Horses, he continued, are taken to a shelter.

He said the abuse and/or abandonment of large animals is becoming more of a problem for Hardee County. And, because of that, the county is trying to find a facility to hold these animals.

In St. Lucie County, the St. Lucie County Sheriff's Office (SLCSO) has an informal arrangement with the 4-H of that county to temporarily use a 4-H pasture when the need arises, said SLCSO Public Information Officer Mark Weinberg in an e-mail.

Maj. Stephen said counties designating facilities to temporarily house and care for these large animals is a growing trend. That's due, in part, to a poor economy and animal owners finding it more and more difficult to feed these animals.

"I think the county has adequate facilities that can be utilized for temporary housing for large animals. We've worked with the county over the past year in acquiring such properties to use," said Maj. Stephen. "We have used the cattlemen's arena to take care of them in the past. But, as of today, the county has not made any arrangements for such a facility."

He went on to point out that the Okeechobee County Agri-Civic Center "... could be a potential facility."

The major said the initial cost would be borne by the county, but the sheriff's office would seek restitution from animal owners in its criminal cases. He said the cost should not "... be a burden on the taxpayer, but on the criminal."

The length of time the county would have to care for confiscated animals would vary, said the major.

"It would vary anywhere from two days to two months, depending on the disposition of the case," he continued.
Hendry, Highlands and DeSoto counties were also contacted for their input on this situation but those calls were not returned as of newspaper deadline.

(florida.newszap.com - Sept 20, 2012)