CESM Agenda 04/15/2022
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
April 15, 2022
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
V. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
C. MOTION FOR RE-HEARING
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20220003055-DAS
OWNER: Roberto Garcia
OFFICER: Danielle Jersey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-38. Collier County Domestic Animal
Services (CCDAS) has determined that there exists sufficient
cause to make the initial determination that the dog is a
“Dangerous Dog”; “Rocky”.
FOLIO NO:
PROPERTY 26 Ocho Rios, Naples, FL 34114
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY MAY 6, 2022 AT 9:00 A.M.
XIII. ADJOURN
Code Enforcement Meeting: 04/15/22 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 21843) DOC ID: 21843
Updated: 4/1/2022 4:12 PM by Elena Gonzalez Page 1
CEEX20220003055-DAS Garcia
CASE NO: CEEX20220003055-DAS
OWNER: Roberto Garcia
OFFICER: Danielle Jersey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-38. Collier County Domestic Animal
Services (CCDAS) has determined that there exists sufficient
cause to make the initial determination that the dog is a
“Dangerous Dog”; “Rocky”.
FOLIO NO:
PROPERTY 26 Ocho Rios, Naples, FL 34114
ADDRESS:
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CODE ENFORCEMENT. COLLIER COUNry, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
vs.
ROBERTO GARCIA, Respondent(s)
Case: CEEX20220003055-DAS
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0411512022
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341'12
VIOLATION: Dangerous Dog 14-38
LOCATION OF VIOLATION: 26 Ocho Rios, Naples, FL 341'14
SERVED: ROBERTO GARCIA, Respondent
Danielle Jersey, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or seNice for effective communicalion, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 1Oi, Napled, Florida 34112, 6r (239) 252-8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonabte accommodali;ns will be provided at no cost to theindividual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted seraresponsable de proveer su propio lraduclor, para un mejor enlendimiento con las comunicaciones de este evento. por favor traiga au propio traductor.AVETISMAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angB tanprivini avek yon intepAt poJ pat6 pou-ou.
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Packet Pg. 5 Attachment: CEEX20220003055-DAS Garcia (21843 : CEEX20220003055-DAS Garcia)
COLLIER COUNTY DOMESTIC ANIMAL SERVICES
SUFFICIENT CAIISE TO CI,DOG AS *DANGEROUS"
PURSUANT TO COLLIER COUNTY ORDINANCE
CHAPTER 14 ARTICLE II SECTION 14.38 AND/OR
CHAPTER 767 FLORIDA STATUTES
March 25,2022
Roberto Garcia
26 Ocho Rios
Naples, FL 34114
"Rocky" (A249440) Tan, Neutered Male, Five-year-old Terrier Bully mix
This letter is your written notice that Collier County Domestic Animal Services (CCDAS) has
determined that there exists sufficient cause to make the initial determination that your dog,
"Rocky", as described above, is a "Dangerous Dog" pursuant to Collier County Ordinance
Chapter 14, Article II, Section 14-38 and/or Chapter 767,Florida Statutes based on the following
findings:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being
on public or private property.
Pursuant to Collier County Ordinance Chapter 14, Article II, Section 14-38 and/or Subsection
767.12(l)(c), to appeal this initial determination, your written request MUST be sent to CCDAS
(Attn: Danielle Jersey email address Danielle.Jersey@colliercountyfl.gov) not later than seven (7)
calendar days from the day that you receive this letter.
If you request this hearing, the hearing will be held as soon as possible, but not later than twenty-
one (21) calendar days and not sooner than five (5) days after the day that CCDAS receives your
written request for a hearing. If you request a hearing, be sure to provide CCDAS a telephone
number where you can be reached on weekdays between 8 a.m. and 5 p.m. in order for CCDAS to
conveniently notiff you of the date, time, and place of the hearing. A letter notifuing you of the
same will also be sent to you. This hearing may only be rescheduled by written agreement
approved by both parties.
If you do not request a hearing within seven (7) days from the date of your receipt of this letter,
this initial determination will become a final determination that your dog is a "dangerous dog" as
determined by CCDAS.
If a final determination is made that this dog is a "dangerous dog" you will be required by law to
immediatelv take several actions with regard to this dog. These obligations include registering
this dog as a "dangerous dog" with CCDAS and are specified in Collier County Chapter 14, Article
II, Section 14-38 and/or Chapter 767 Florida Statutes. Additional obligations are specified in
Chapter 14 of the Collier County Code of Laws and Ordinances.
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If your dog is impounded throughout this process, you will be required to pay for all costs incurred
for the care of the dog. You must pay all costs in full before your dog will be released to you.
Please note CCDAS will not hold your dog indefinitely. Failure to comply with all requirements
of this letter, Florida Law, and County ordinance will ultimately result in your forfeiture of
ownership of your dog.
Signed by:
Danielle Jersey
Field Operations Manager
Collier County Domestic Animal Services
7610 Davis Blvd
Naples, FL 34104
(239) 2s2-6e6t
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GonzalezElena
From:
Sent:
To:
Cc:
JerseyDanielle
Tuesday, March 29, 2022 10:55 AM
GonzalezElena
KerinsColleen
Dangerous Dog Appeal-RockySubject:
Good morning,
Here is the email I received last evening requesting to appeal.
Colleen, please let me know if you have time to let me know how you would like the file set up for this appeal
Thank you,
Respectfully,
Danielle Jersey
Field Operations Manager
*ffiacor,nnny
Dornesfic Anirnsl Services
7610 Dovis Blvd Noples, Ft 34104
Phone: 239.252.7387 Fox: 239.530.7775
From: Kymberli Ga rcia <kg28l7 25 @gma il.com>
Sent: Monday, March 28,2022 5:42 PM
To: JerseyDa nielle <Da nielle.Jersey@colliercountyfl.gov>
Subject: " Dangerous Dog"
EXTERNAL EMAIL:This email is from an externalsource. Confirm this is a trusted sender and use extreme caution when
opening attachments or clicking links.
Hello, my name is Roberto Garcia and I am writing to you to request an appointment for a hearing. My dog's name is
Rocky and he recently bit one of my neighbors so the CCDAS wants to make the final determination that he is a
dangerous dog but lwant this initialdetermination to be appealed. lwould greatly appreciate it if you were to reply to
my request. You can reach me here at 239-200-L61,4.
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address release<J in response to apublic records request, do not send electronic mailto this entity. Instead, contact this office by telephone or in writing.
1
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a Sec. 14-38. - Dangerous Dogs; Procedures.
1. Dongerous Dog Procedure,
A. All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The provisions of
F.S. ch.767, as may be amended, pertaining to dangerous dogs are adopted in their entirety
as part of this Section. All procedures, regulations, requirements, and restrictions, pertaining
to dangerous dogs are applicable under this article, and a violation of state law shall
constitute a violation of this Ordinance. To the extent that any provision in this Ordinance
conflicts with F.S. ch.767, the statute shall control.
B. The Director shall investigate reported incidents involving any dog that may be dangerous
and shall, if possible, interview the owner and require a sworn affidavit from any person,
including any animal control officer or enforcement officer, desiring to have a dog classified
as dangerous. Any animalthat is the subject of a dangerous dog investigation, and is not
impounded with animal services, shall be humanely and safely confined by the owner in a
securelyfenced or enclosed area pendingthe outcome of the investigation and resolution of
any hearings related to the dangerous dog classification. The address of where the animal
resides shall be provided to animal services. No dog that is the subject of a dangerous dog
investigation may be relocated or ownership transferred pending the outcome of an
investigation or any hearings related to the determination of a dangerous dog classification.
ln the event that a dog is to be destroyed, the dog shall not be relocated or ownership
transferred.
C. Animal services may impound any dog under investigation if the owner is unable or
unwilling to securely confine the dog during the investigation. Upon written notice from
animal services, the owner must allow access to the dog for the purposes of impoundment.
lf the dog is impounded during this time, the owner is responsible for all costs related to
impoundment unless the owner ultimately prevails and the dog is not declared dangerous.
D. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a
person who, at the time, was unlawfully on the property or, while lawfully on the property,
was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog
may be declared dangerous if the dog was protecting or defending a human being within
the immediate vicinity of the dog from an unjustified attack or assault.
E. lf the Director, or his or her designee, makes an initial determination that a dog is
dangerous, based on the initial investigation, the County shall provide written notification of
that determination to the owner of the dog. Notice shall be by certified mail, by certified
hand delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida
Statute. The Director's initial determination shall automatically become final unless the dog's
owner, within seven calendar days after receipt of the notice, files a written request for a
hearing to challenge the Director's initial determination. The written request must be
submitted to animal services. lf the dog's owner files a timely written request for a challenge
hearing, the effective date of the determination shall be the date of the final decision of the
Special Magistrate.
F. Any owner of a dog that is initially declared dangerous by the Director may appeal that
decision to the Code Enforcement Special Magistrate. This hearing shall be held as soon as
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possible, but not more than 21 calendar days and no sooner than 5 days after receipt of
request from the owner. The hearing may only be continued by agreement of both parties.
G. lf the Special Magistrate's determination is to uphold the dangerous dog classification,
animal services shall provide written notification to the owner as required above. The dog
owner may file a written request for a hearing in circuit court to appeal the classification
within ten (10) business days after receiving notice. This request for hearing must be frled
with the circuit court, and a copy provided to animal services within the time provided. Any
such appeal shall not be a hearing de novo, but shall be limited to appellate review of the
record created before the Special Magistrate.
2. Registrotion of dongerous dog ond fees.
A. Registration of dangerous dog. Not later than 14 calendar days after the final effective
date, as specified above, that the dog is determined to be a dangerous dog, the dog's owner
must file a complete written standard form application with animal services to be issued a
certificate of registration for the dangerous dog. The a pplication/ad m in istration fee for each
certificate shall be established by Resolution of the Board of Commissioners. A complete
application for the initial certificate of registration shall include: (i) the filing fee and late fees,
if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will
be identified by name and address on the Collier County Animal Services website; (iii) a
receipt or other written proof that the dog has been permanently identified (via microchip);
(iv) a current certificate ofvaccination, against rabies for the dog; and (v) a receipt or other
written proof that the dog has been spayed or neutered by a licensed veterinarian. lf there is
a medical or other reason that the dog cannot be spayed or neutered, the owner will
provide the reason in writing signed by a Collier County licensed veterinarian.
B. Within ten (10) days of receipt of a complete application, animal services will make a site
visit to ensure provision of a proper enclosure, and posting of the premises with a clearly
visible warning sign at all entry points that informs both children and adults of the presence
of a dangerous dog on the property. Animal services will provide two (2) of the required
signs. Upon completion of a successful site visit, animal services will issue the requested
initial certificate. The duration of each certificate is 365 days. There shall be a late fee for
each day that the certificate is not issued, and such late fee shall be determined by a
Resolution of the Board of County Commissioners.
C. Annual renewal of certifrcate of registration. A standard renewal application must be filed
annually at least ten (10) calendar days prior to the date that the respective certificate is to
expire. A complete application for a renewal certificate shall include the
renewa l/ad min istrative fee, a current color photograph of each dangerous dog sign posted
at the premises where the dangerous dog resides, and a current certificate of rabies
vaccination.
D. Failure to re-register. There shall be a late fee for each day that a complete renewal
application is not filed, and such late fee shall be determined by Resolution of the Board of
county commissioners. Animal services may impound any dog whose owner has: (i) failed to
re-apply for registration 30 days past the expiration of the certification; or (ii) failed to
successfully complete re-registration 45 days past the expiration of the certification. upon
written notice from animal services, the owner must allow access to the dog for the
purposes of impoundment. The owner is responsible for all costs related to impoundment.
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Failure to successfully re-register the dog after 30 days of impoundment will result in
forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog,
in a humane manner, at the expense of the owner.
3. Subsequent handling of dangerous dogs.
A. The owner shall immediately notify animal services when a dog that has been classified as
dangerous:
(1) ls loose or unconfined;
(2) Has bitten a human being or attacked another animal;
(3) ls sold, given away, or dies; and/or
(4) ls moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name,
address, and telephone number of the new owner to animal services. The new owner must
comply with all the requirements of this Ordinance. The owner is required to notify the
appropriate animal services authority if the dog is moved out of jurisdiction.
B. lt is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper
enclosure unless the dog is muzzled and restrained by a suitable leash of dependable
strength and under the control of a competent person. Unless prohibited by the dog's
physical make-up, as in brachycephalic breeds, the muzzle must be of a cage-style that will
not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it
from biting a person or animal. Brachycephalic breeds of dogs must wear a suitable type of
muzzle if a cage-style cannot be worn. The owner may exercise the dog in a securely fenced
or enclosed area that does not have a top, without a muzzle or a leash, if the dog remains
within his or her sight and only members of the immediate household or person 1 8 years of
age or older are allowed in the enclosure when the dog is present. When being transported,
such dogs must be safely and securely restrained within a vehicle.
C. Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt
or training procedure. Dogs engaged in training or exhibiting in legal sports such as
obedience trials, conformation shows, field trials, h u nting/retrieving trials, and herding trials
are exempt from the provisions of this section when engaged in any legal procedures.
However, such dogs at all other times in all other respects shall be subject to this and local
laws. Dogs that have been classified as dangerous shall not be used for hunting purposes.
D. This section does not apply to dogs used by law enforcement officials for law
enforcement work.
E. A person who violates any provision of this section commits a noncriminal infraction
punishable by a fine not to exceed $500.
4. Attock or bite by dangerous dog.
A. lf a dog that has previously been declared dangerous attacks or bites a person or a
domestic animal without provocation, the owner is guilty of a misdemeanor of the first
degree, punishable as provided in F.S. ch. 775. tn addition, the dangerous dog shall be
immediately confiscated by animal services, placed in quarantine, if necessary, for the
proper length of time, or impounded and held for ten (,l0) business days after the owner is
given written notice under F.S. ch.767.12, and thereafter destroyed in an expeditious and
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humane manner. This ten-day time period shall allow the owner to request a hearing as
outlined above in this section. The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the animal during any
appeal procedu re.
B. lf a dog that has previously been declared dangerous attacks and causes severe injury to
or death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by animal
services, placed in quarantine, if necessary, for the proper length of time or held for ten
business days after the owner is given proper written notification under F.S. ch. 767, and
thereafter destroyed in an expeditious and humane manner. This ten-day time period shall
allow the owner to request a hearing under this section. The owner shall be responsible for
payment of all boarding costs and other fees as may be required to humanely and safely
keep the animal during any appeal procedure.
C. lf the owner files a written appeal under this section, the dog must be held and may not
be destroyed while the appeal is pending.
D. lf a dog attacks or bites a person who is engaged in or attempting to engage in a criminal
activity at the time of the attack, the owner is not guilty of any crime specified under this
section.
5. Aftock or bite by unclossilied dogthot couses severe injury or death.
A. lf a dog that has not been declared dangerous attacks and causes the death of a human,
the dog shall be immediately confiscated by animal services, placed in quarantine, if
necessary, for the proper length of time or held for 10 business days after the owner is given
written notification under F.S. ch.76-1, and thereafter destroyed in an expeditious and
humane manner. This 10-day period shall allow the owner to request a hearing under this
section, the dog must be held and may not be destroyed while the appeal is pending. The
owner is responsible for payment of all boarding costs and other fees as may be required to
humanely and safely keep the animal during any appeal procedure.
B. lf a dog that has not been declared dangerous attacks and causes severe injury to, or the
death ol a human, and the owner of the dog had knowledge of the dog's dangerous
propensities, yet demonstrated a reckless disregard for such propensities under the
circumstances the owner of the dog commits a misdemeanor of the second degree,
punishable as provided in F.S. ch.767.
C. If the dog attacks or bites a person who is engaged in or attempting to engage in a
criminal activity at the time of the attack, the owner of the dog is not guilty of any crime
u nder this section.
6. Violotions.
A. Failure to comply with any provision of this section may result in a fine not to exceed
$500.00 and impoundment of the subject dog. upon written notice from animal services, the
owner must allow access to the dog for the purposes of impoundment. The owner is
responsible for all costs related to impoundment.
B. Failure to cure any violation of this section within 30 days of impoundment of the subject
dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an
impounded dog, in a humane manner at the expense ofthe owner.
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C. Upon second occurrence ofa violation of this Section, failure to cure within ten (10) days
of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal
services may dispose of such an impounded dog, in a humane manner at the expense ofthe
owner.
D. Each day the owner of a dangerous dog fails to comply with the requirements of this
Section or the requirements of F.S. g 767 .12, as may be amended, shall constitute a separate
and distinct offense.
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