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CESM Minutes 08/15/2025 (Draft) August 15, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 15, 2025 LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Patrick H. Neale ALSO PRESENT: Thomas Iandimarino, Code Enforcement Director Helen Buchillon, Code Enforcement Specialist August 15, 2025 2 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. 1. CALL TO ORDER-SPECIAL - MAGISTRATE PATRICK H. NEALE PRESIDING The Honorable Special Magistrate Patrick H. Neale called the Hearing to order at 9:00 AM. All those testifying at the proceeding did so under oath. 2. Pledge of Allegiance The Pledge of Allegiance was recited. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance without being punitive. 3. APPROVAL OF AGENDA Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers): Under Item 7.A – Hearings, the following cases were moved to 6. Stipulations: 2. CASE NO: CEAC20250001587 - Saul Cruz Under Item 7.A– Hearings, the following cases were withdrawn: 1. CASE NO: CEAC20250006296 - Dakota Davison Special Magistrate Neale approved the Agenda as modified. 4. APPROVAL OF MINUTES None 5. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS None B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE None C. MOTION FOR REHEARING None 6. STIPULATIONS 2. CASE NO: CEAC20250001587 OWNER: Saul Cruz OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Sections 14- 36(1)(A), 14-36(1)(C), 14-36(1)(G), 14-36(10)(F), 14-36(10)(D), 14-37(1)(D), and 14-37(1)(E). Failure to provide shelter, sanitary, tethering without access to water, shelter, and dry ground, entangled tethering, humane care and treatment, confine August 15, 2025 3 without provisions, and cruelty to animals, for citations 1, 2,3, 4, 5, 6, 7, 8, 9, 10, 11, 12 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26,27, 28, 29, 30, 31, 32, 33, 34, 35, Citations issued on July 28, 2025. FOLIO NO: PROPERTY ADDRESS: 1707 Roberts Avenue, Immokalee, FL 34142 Timothy Crotts, Assistant Director and Supervisor Perez, Code Enforcement requested the hearing. Mr. Saul was present and Maria Lucio acted as translator. The Stipulation was entered into by Saul Cruz on August 14, 2025. Part 1: Special Magistrate Neale found the Respondent GUILTY of the alleged violations and was ordered to: For the violations of the Collier County Code of Laws and Ordinances Section 14-37(1)(E), cruelty to animal - Citation CEAC20250001587-30 and Section 14-36(10)(F), tethering without access to water shelter and dry ground - Citation CEAC20250001587-15: 1. Pay Operational Costs in the amount of $50.00 per occurrence incurred in the prosecution of this case. 2. Pay an Administrative Fee of $7.00 per occurrence incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00 per occurrence. 4. Total charges of $1,114.00 to be paid within 90 days of this hearing. 5. Violation of Collier County Code of Laws and Ordinances Chapter 14 Article II, Section 14- 37(1)(E) is by the definition set forth in that Section a violation of Florida Statute Section 828.12(l) 6. Pursuant to Collier County Ordinance 2024-24, the Collier County Animal Abuser Registry Ordinance, a violation of Florida Statute Section 828.12 is an abuse offense. 7. Section Three of the Collier County Ordinance 2024-24 mandates and an abuser who has been convicted of an abuse offense after the effective date of that Ordinance must register with the County Animal Abuser Registry Ordinance. The County asks the Respondent be adjoined to the Collier County Animal Abuser Registry 8. That the Respondent registers and completes the Collier County Responsible Pet Owner (RPO) class within 90 days of the hearing Total Amount Due: $1,114.00 Part 2: Special Magistrate Neale found the Respondent GUILTY of the alleged violations and was ordered to: For the violations of the Collier County Code of Laws and Ordinances Section 14-36(1)(A), failure to provide sheltered animals - Citation CEAC20250001587-01; Chapter 14-36(1)(C) failure to provide clean sanitary safe and humane conditions for animals - Citation CEAC20250001587-08; Section 14-36(1)(G) failure to humane care and treatment animals - Citation CEAC20250001587-17 and Section 14-36(10)(D) tethering in such a manner as to prevent injury, strangulation or entanglement of animals - Citation CEAC2O250001587-16: 9. Pay Operational Costs in the amount of $50.00 per occurrence incurred in the prosecution of this case. 10. Pay an Administrative Fee of $7.00 per occurrence incurred in the prosecution of this case. 11. Pay a Civil Penalty of $500.00 per occurrence. 12. Total charges of $2,228.00. August 15, 2025 4 13. These fines will be suspended for a period of one year pending no animal related issues as per Collier County Ordinance Chapter 14, or Florida State Statute pertaining to any animal related offense. 14. At the end of one year, the fines will be voided finding no animal related issues by the Respondent as stated above. 15. At any time during the one year suspension, should the Respondent violate any provisions of the Collier County Ordinance under Chapter 14 or any Florida Statute pertaining to related violations, all fines will be reinstated and ordered to be paid within 30 days. 16. Failure to pay all fines within the time frame as ordered shall result in a lien placed against Respondent and any properties owned by the Respondent. Total Amount Due: $0.00 During questioning by Special Magistrate Neale, Mr. Cruz stated the incidents would not occur again as he no longer is in possession of the dogs. Assistant Director Crotts reported the dogs were surrendered to Domestic Animal Services. 9. PUBLIC HEARINGS A. HEARINGS None B. EMERGENCY CASES None 8. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS None 9. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None 10. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None August 15, 2025 5 C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. None 11. REPORTS None 12. NEXT MEETING DATE – September 5, 2025 at 9:00am There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 9:20AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on _________________________, as presented ____, or as amended ________.