Letter – Still NO Answer from County Attorney Randy Mink regarding Animal Control’s legal authority

By Street Cat Project of Polk County

On August 20, 2025, we submitted a detailed legal inquiry to County Attorney Randy Mink regarding Animal Control’s legal authority to issue directives concerning outdoor cats. Members of the Animal Defenders of Polk County group followed up professionally on September 4, 2025. Over 30 days have passed, and we have received no response or acknowledgment of our inquiry.

Why This Requires Immediate Legal Attention: Residents are currently receiving conflicting directives from Animal Control officers

• Legal authority questions remain unresolved, creating potential county liability

• Community members need clear guidance on lawful compliance with county ordinances

• The issues involve fundamental questions about existing county code interpretation

Animal Control is issuing “green slips” requiring outdoor shelter for cats, but Polk County Code Section 4-27 appears to address dogs only. What is the legal basis for cat shelter requirements?

What Polk County or municipal ordinance explicitly empowers Animal Control officers to direct residents to cease feeding outdoor cats? If no such ordinance exists, what legal authority supports these directives?

For municipalities establishing ownership through feeding (Polk City, Winter Haven, Mulberry, after 3-7 days), what authority does Animal Control have to direct owners to stop feeding their legally owned cats? This would appear to violate Florida Statute 828.12 (animal cruelty).

For municipalities without feeding-based ownership provisions (Lakeland, Haines City, Auburndale, Bartow, Lake Wales, Lake Hamilton), can Animal Control legally declare cat feeders as owners, impose vaccination requirements on feeders for unowned animals (Section 4-24), or hold feeders liable under nuisance ordinances (Section 4-31) for animals they do not legally own or control?

Current enforcement relies on single-complainant reports without corroborating evidence, even for owned pets. Should enhanced evidentiary standards be implemented to prevent hearsay-based enforcement and reduce retaliatory complaints?

These unresolved legal questions are causing:

• Inconsistent enforcement across municipalities

• Resident Confusion about legal obligations

• Potential constitutional due process concerns

• Risk of county liability from improper enforcement actions

Given the ongoing enforcement actions and residents being threatened with citations under questionable authority, we respectfully requested a response by October 1, 2025.

AS OF 10/04/25, WE HAVE RECEIVED NO RESPONSE FROM OUR TAXPAYER PAID COUNTY ATTORNEY RANDY MINK, SHERIFF GRADY JUDD, DIRECTOR GORDY SCHERER, THE COUNTY MANAGER, OR ANYONE OF OUR COUNTY COMMISSIONERS.

IS ANYONE OK WITH THIS? DO THESE PEOPLE NOT REPORT TO US (THE TAXPAYERS)? WRITE YOUR COMMISSIONERS AND ATTORNEY MINK AND DEMAND ANSWERS.