§ 4-15. Establishing an animal abuser registry.

(a)

This section shall be known as "Molly's Law." Marion County shall establish a publicly-accessible on-line animal abuser registry that shall contain the names and residence information of all registered animal abuse offenders in unincorporated Marion County or in any incorporated municipality in Marion County that has elected to participate in the registry by inter-local agreement, who have been convicted of an animal abuse crime in Marion County, as defined herein, on or after the effective date of this section. The on-line registry will be administered and maintained on the Marion County web page or some other such similar place as the county administrator deems appropriate. However, as an alternative to county administration and maintenance of the registry, the county administrator is authorized to develop an agreement with a responsible third-party administrator for on-going administration and maintenance of the registry, to be approved by the board. The entity responsible for maintenance of the registry will be hereafter referred to as the maintaining agency.

The on-line animal abuser registry may also contain links to other county animal abuser registries that are available, or as they become available in the future, in the State of Florida, with such other county registries to be used as informational resources by animal shelters, pet sellers, or other persons or entities located in unincorporated Marion County who sell, exchange, or otherwise transfer the ownership or possession of any animal.

(b)

The registry shall contain the required information about each animal abuse offender for the following periods: following his or her release from incarceration or, if not incarcerated, from the date of the judgment of conviction: For a first conviction of a misdemeanor animal abuse crime - Three (3) years; for a first conviction of a felony animal abuse crime - Five (5) years; for a subsequent conviction of either a misdemeanor or felony animal abuse crime, ten (10) years. Upon notification to the maintaining agency of a successful appeal of a conviction of an animal abuse crime by an individual that has been required to register pursuant to this section, the registration information for that individual shall be removed from the Marion County Animal Abuser Registry within ten (10) business days following notification. It shall be the responsibility of the offender to initiate removal of his or her name from the registry by providing verified documentation to the maintaining agency of grounds for removal.

(c)

Any person convicted in either the circuit court in and for or the county court of Marion County, Florida, of an animal abuse crime, in addition to any fine and other penalty provided by law, there shall be imposed a court cost, for maintenance of the Marion County Animal Abuse Registry, in the amount of one hundred twenty-six dollars ($126.00) or, in the judge's discretion, a greater amount not to exceed the fine authorized for the violation. Such cost shall be imposed in each case unless waived by the judge. The clerk shall collect the court cost, unless waived, and forward it to the maintaining agency to be used for the administration and maintenance of the registry. The clerk shall retain one dollar ($1.00) of each one hundred twenty-six dollars ($126.00) collected as a service charge of the clerk's office.

(d)

When a person is convicted of an animal abuse crime in Marion County (herein, an "offender"), the prosecuting agency shall forward to the Marion County Sheriff's Office and to maintaining agency the name and address of the convicted person, along with the name of the animal abuse crime the person was convicted of, thereby notifying the sheriff's office and the maintaining agency that the person is required to be placed on the animal abuser registry. The role of the sheriff's office is to photograph the offender, and to obtain and record the following information, and to transmit such information to the maintaining agency for inclusion in the animal abuser registry:

(1)

Their name and any aliases or other legal names they have been, or may be known by;

(2)

Their residence address;

(3)

Their date of birth; and

(4)

A photograph of the front of their head and shoulders not less than two (2) inches by three (3) inches or a digital image commonly known as a digital photograph of the front of their head and shoulders.

(5)

A written description of any visible tattoos on the face, neck or arms of the animal abuse offender.

By agreement with the clerk of the court, the sentencing judge, and the sheriff's office, the forgoing information may be obtained from the offender in court, at the conclusion of the sentencing hearing. Otherwise, the offender shall be required to report to the Marion County Sheriff's Office within ten (10) days from the date of sentencing, to be photographed and provide the above-required information.

(e)

Every person placed on the animal abuser registry shall annually report to the maintaining agency whether their residence address has changed, and if so, the new address. This report shall be submitted on a form to be provided by the maintaining agency, along with a check or money order payable to the maintaining agency in the amount of ten dollars ($10.00). Every offender shall also be required to contact the maintaining agency to update their Registry information within ten (10) calendar days of any change of residential address and/or upon any official change of name.

(f)

If not required by the judgment of the court adjudicating the offender guilty of an animal abuse crime, every person placed on the animal abuser registry shall pay a one-time fee of one hundred twenty-five dollars ($125.00) to the maintaining agency. All such fees shall be used to help pay the administrative and maintenance costs of maintaining the registry.

(g)

Any person placed on the animal abuser registry shall be subject to the following prohibitions while on the registry:

(1)

The offender shall not be allowed to own, or possess, or live in the same home with any animal, including any companion animal, unless otherwise provided in a court order.

(2)

The offender shall not be allowed to work with animals, including companion animals, with or without compensation, unless otherwise provided by court order.

(3)

The county reserves the right and may exercise its right at any time it deems necessary to enforce, or, notwithstanding any other court order, to seek a court order enjoining an offender from owning or possessing or living with an animal or working with a companion animal while on the registry.

(h)

No person or entity located in Marion County shall knowingly sell, exchange, or otherwise transfer the ownership or possession of any animal to any person they know to be listed on the animal abuse registry, nor to any individual residing at the address of a person listed on the registry, nor shall such offender be allowed to retain possession of any currently owned animals, as of the date of his or her conviction of an animal abuse crime. Prior to the sale, exchange, or other transfer of ownership of any animal, all pet sellers in Marion County are required to examine the animal abuser registry to confirm that the name of the potential owner of the animal is not listed, as well as to confirm that the purchaser of the animal does not reside at a listed address for any individual on the animal abuse registry. Upon request from a Marion County Animal Control officer, the pet seller shall provide proof by affidavit or otherwise, that it confirmed that the transferee of the animal was not listed on the animal abuser registry at the time of the transfer. This prohibition does not apply to farm animals for farmers, nor to service animals for people with disabilities.

(i)

Reserved.

(j)

Penalties related to animal abuser registry.

(1)

Any animal abuse offender who violates the prohibition against possessing, owning, adopting, or purchasing an animal - except for farm animals for farmers, service animals for people with disabilities - shall be guilty of a non-criminal infraction and be fined not to exceed five hundred dollars ($500.00). The offender shall also be subject to a mandatory court appearance (MCA) wherein the county may seek forfeiture of any animal found in possession or custody of the offender.

(2)

Any individual or entity that violates section 4-15(h) shall be guilty of a violation and shall be subject to a fine not to exceed five hundred dollars ($500.00). However, for a first violation of section 4-15(h), the violator shall receive only a warning citation along with the notification that subsequent violations will result in a fine. It shall not be a violation of this section if the pet seller examined the Marion County Animal Abuser Registry before the sale, exchange, gift or transfer of possession, and the name and address of the potential owner did not appear thereon.

(3)

Any animal abuse offender who violates subsections 4-15(d) or 4-15(e) shall be guilty of a violation and shall be subject to a fine not to exceed five hundred dollars ($500.00).

(Ord. No. 16-34, § 1, 10-4-2016)