Florida/Georgia Personal Injury & Workers Compensation

...The only substantial difference between the instant case and Stanfield is that in Stanfield, the salvation Army contractually obligated itself to perform governmental services which otherwise would have had to be performed by Marion County. In the instant case, the provisions of sections *1240 828.03 and 828.073 [2] authorize the Society, but do not compel it, to perform the governmental function....

...NOTES [1] Section 119.011(2) defines agency as: Any state, county, district, authority, or municipal officer, ... created or established by law ... and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency. [2] Section 828.03 provides: Agents of counties, societies, etc., may prosecute violators.— (1) Any county or any society or any association for the prevention of cruelty to children or animals, organized under the laws of this state, may appoint agents...

...t custody; or b) Made the subject of an order to provide care, issued to its owner by the county court and any law enforcement officer, or any agent of the county or any society or association for the prevention of cruelty to animals appointed under s. 828.03, and given protection and an appropriate and humane disposition made. (2) Any law enforcement officer or any agent of any county or of any society or any association for the prevention of cruelty to animals appointed under provision of s. 828.03 may: (a) Lawfully take custody of any animal found neglected or cruelly treated by removing the animal from its present location, or (b) Order the owner of any animal found neglected or cruelly treated to provide certain care to the animal...

...[48] This suggests that such agents could assist in testifying, providing evidence, and generally aiding the municipality in pursuing a prosecution. Further, the state statute itself has a provision that provides for appointed agents to investigate violators. See § 828.03....

Betty Lynn Lee Broward County General Counsel Fort Lauderdale QUESTION: Do animal control agents appointed pursuant to s. 828.03 , F. S., have the authority to issue citations or notices to appear to alleged violators of the animal control law? SUMMARY: Animal control agents appointed by a county under s. 828.03 , F....

...The power to arrest persons without a warrant for violations of the cruelty to animals statutes is exclusively vested in the sheriffs and other peace officers under s. 828.17 , F. S. No other persons, including county-appointed animal control agents, are granted this power. Section 828.03 , F....

...(1976 Supp.). This section does not empower an animal control agent to serve such notice; he or she only causes the notice to be served. Finally, nothing in s. 828.073 , F. S. (1976 Supp.), purports to vest animal control agents appointed pursuant to s. 828.03 , F....