Integrated animal court: a better fit for animal law cases in Florida.

• Author: Suiter, Susanne M.

A unique characteristic of animal law practice is that it can involve concurrent criminal and civil issues. The current case management system handles this unique characteristic in a disjointed manner, which can result in inconsistent rulings, duplicative and money-wasting efforts, and failure to serve the best interests of the animal involved. To illustrate, an animal neglect or cruelty violation can be enforced by local governments using civil processes and penalties, and separately be prosecuted as a criminal violation under state statutes by the state attorney's office. (1) Further, a local government can pursue civil custody of neglected or mistreated animals, (2) while the state attorney's office can independently proceed to take custody of the animals during prosecution of the criminal violation. (3) These situations can result in simultaneous court proceedings for the same set of facts and circumstances, with the potential for differing legal outcomes for the involved parties and animals. This article explores the new option of an integrated animal court to conserve state and local resources, enhance judicial productivity, enforce judicial powers, and limit individual constitutional implications--all while promoting awareness of the community's responsibility for animal welfare and ensuring that the animals involved reach humane dispositions promptly.

Case Study: Demonstrating a Need for Integrated Animal Court (4)

In January 2008, Lake County Animal Services took possession of 11 dogs and six puppies in response to allegations of animal cruelty. The adult dogs had excessive fleas, open wounds, and scars indicating they were involved in dog fighting. Additionally, animal services staff could not approach or safely touch the dogs. The State of Florida brought criminal felony charges against the owners for dog fighting and baiting. (5) As part of the criminal proceedings, the state sought and received an emergency order to euthanize the animals, citing extreme aggression and difficulty placing the animals in a safe and secure location. Defendant animal owners filed a writ of prohibition with the Fifth District Court of Appeal to stay the circuit court's order. A stay in the criminal case was entered by the Fifth District pending the parties showing cause why the writ should not be issued.

Concurrent with the above criminal proceedings, the county sought permanent legal custody of the animals under F.S. [section]828.073, a civil petition procedure in the county court. This action was delayed until further proceedings in the criminal case. Five months after seizing the animals, the defendants were convicted and the criminal stay was lifted, allowing the county court to hold a hearing on the disposition of the animals. During the pendency of the criminal actions, the dogs were held at the county animal shelter. The county court ultimately entered an order granting the county permanent legal custody of the animals, which allowed the county to determine proper disposition of the animals.

As a result of the above cases, considerable time and resources were spent resolving the jurisdictional and evidentiary issues. The dual cases were often duplicative and contradictory, involving the same witnesses and evidence, yet in proceedings with different attorneys, judges, and burdens of proof. The county incurred more than $11,000 in expenses to house, feed, and care for the animals while the stay was pending. Additionally, the county struggled to maintain space for the animals while normal operations at the shelter continued. Unfortunately, similar scenarios are a routine occurrence. (6)

Current System in Florida

The above case study demonstrates how the current system handles cases involving animals with concurrent civil and criminal issues resulting in multiple open cases before different judges in different divisions but involving the same...