CESM Agenda 09/19/2025 (Dangerous Dog) - CancelledCOLLIER COUNTY
Special Magistrate
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 19, 2025
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.
Page 1 of 10
1. Call to Order
2. Pledge of Allegiance
3. Approval of Agenda
4. Approval of Minutes
5. Motions
5.A. Motion for Continuance of Imposition of Fines Hearing
5.B. Motion for Extension of Compliance Deadline
5.C. Motion for Re-Hearing
6. Stipulations
7. Public Hearings
7.A. Hearings
7.A.1. CASE NO: CEAC20250006296
OWNER: Dakota Davison
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-38. Dangerous Dog appeal, animal named "BJ".
FOLIO NO:
PROPERTY
ADDRESS: 750 Palm Point Dr, Goodland, FL 34140
7.B. Emergency Cases
8. New Business
8.A. Motion for Reduction/Abatement of Fines
8.B. Motion for Imposition of Fines and Liens
9. Old Business
9.A. Motion to Amend Previously Issued Order
9.B. Motion to Rescind Previously Issued Order
10. Consent Agenda
10.A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases
Referenced in Submitted Executive Summary.
10.B. Request to Forward Cases to County Attorney's Office as Referenced in Submitted
Executive Summary.
Page 2 of 10
10.C. Request for Special Magistrate to Impose DAS Citation Liens on Cases Referenced
in Submitted Executive Summary.
11. Reports
12. Next Meeting Date - Friday - October 17, 2025, at 9: oo AM
13. Adjourn
Page 3 of 10
9/19/2025
Item # 7.A.1
ID# 2025-2832
Special Magistrate
Special Magistrate Action Item (2025-2832)
CEAC20250006296 Davison
CASE NO:
CEAC20250006296
OWNER: Dakota Davison
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38.
Dangerous Dog appeal, animal named "BJ".
FOLIO NO:
PROPERTY
ADDRESS: 750 Palm Point Dr, Goodland, FL 34140
Page 4 of 10
CODE ENFORCEMENT - COLLIER COUNW, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
Case: CEAC20250006296
vs.
DAKOTA DAVISON, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section '162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
2010-04, 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:09t19t2025
TIME:09:00 AM
PLACE:
VIOLATION: Dangerous Dog 14-38 "BJ"
LOCATION OF VIOLATION: 750 Palm Point Dr, Goodland, FL 34140
SERVED: DAKOTA DAVISON, Respondent
Cara Frank, 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 forthetestimony given atthe hearing. Documents will consist ofthe 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 headng.
lT lS FURTHER ADVISED that Ordinance No. 2010-04, as amended, be reviewed prior to your attendance at the hearing
to include emphasis on Section Eight relating to the appeal process.
Danielle Dijan
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2400 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodalions to participate in this proceeding,
should conlact lhe Collier County Facilities tvlanagemenl Division, located al 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, ot 1239) 252-
8380, as soon as possible, but no later lhan 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cosl to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su p.opio traductol.
AVETTSMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fe tadiksyon. Si ou pa pale angle tanpri vini avek yon inteprdt pou pale pou-ou.
3299 Tamiami Trail East Building F, 3rd Floor, Naples, FL 34112
Page 5 of 10
Sec. 14-38. - Dangerous Dogs; Procedures
Dangerous 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.5.ch.767, the statute shall control.
B. The County Manager or designee 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 animal that is the subject of a dangerous dog investiSation,
and is not impounded with animal services, shall be humanely and safely confined by the
owner in a securely fenced or enclosed area pending the 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. In 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 county Manager or 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
County Manager's or designee'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
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for a hearing to challenge the County Manager's or designee'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 ofthe determination shall be the date ofthe final decision ofthe Special
Magistrate.
F. Any owner of a dog that is initially declared dangerous by the County Manager or designee
may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be
held as soon as possible, but not more than 21 catendar days and no sooner than 5 days after
receipt of request from the owner. The hearing may only be continued by agreement of both
Pa rties.
G. lf the Special Magistrate's determination is to uphold the dangerous dog classification, animal
services shall provide written notiflcatlon 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 filed 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 ofthe record created before
the special MaSistrate.
2. Registration of dangerous dog and fees.
A. Registration of dangerous dog. Not later tha n 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/administration 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 siSned 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
warnlng 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
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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 certificate of registration. A standard renewal application must be filed
annually at least ten (1 0) calendar days prior to the date that the respective certificate is to
expire. A complete application for a renewal certificate shall include the
renewal/ad m in 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 ofthe 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. 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 ofdangerous dogs.
A. The owner shall immediately notify animal services when a dog that has been classified as
da ngerous:
(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 caSe-style that will
not interfere with the dog's vision, will atlow 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 orPage 8 of 10
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 18 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, hu 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. Attack 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 flrst degree,
punishable as provided in F.S. ch. 775. ln 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 (10) business days after the owner is given written notice
under F.S. ch.767 .12, and thereafter destroyed in an expeditious and 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 procedure.
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. ln 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 u nder F.S. ch.7 67 , 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.
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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. Axack or bite by unclassified dog that causes 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.767, 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 ofthe dog had knowledge ofthe 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. lf 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 gu ilty of any crime u nder this
section.
6. Violations.
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 of the owner.
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 of the
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. 5767.12, as may be amended, shall constitute a separate and
distinct offense.
(Ord. No.2018-33,5 1;Ord. No.2024-26, S 1)
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