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CESM Minutes 10/17/25 (DD - draft) October 17, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 17, 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: Helen Buchillon, Code Enforcement Specialist October 17, 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. Recessed: 9:12 a.m. Reconvened: 9:25 a.m. 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: 4. CASE NO: CEAC20250006751-01 - Dayanis Lucia Rui 5. CASE NO: CEAC20250006751-04 - Dayanis Lucia Ruiz 6. CASE NO: CEAC20250006751-02 - Dayanis Lucia Ruiz 7. CASE NO: CEAC20250006751-03 - Dayanis Lucia Ruiz 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 (this Item was heard after Item 7.A1) The following cases were combined into one (1) Stipulation under case 7. 4. CASE NO: CEAC20250006751-01 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section October 17, 2025 3 14-35 (1)(E), 2nd Offense, Damage to property “Zeus". FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 5. CASE NO: CEAC20250006751-04 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35 (1)(E), 2nd Offense, Damage to property “Hera". FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 6. CASE NO: CEAC20250006751-02 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35 (1)(B), 2nd Offense, Running at Large “Zeus". FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 7. CASE NO: CEAC20250006751-03 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35 (1)(B), 2nd Offense, Running at Large “Hera". FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 Cristina Perez requested the hearing. The Stipulation was entered into by Dayanis Ruiz on October 17, 2025. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution for each of the 4 cases. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution for each of the 4 cases. 3. Pay a Civil Penalty of $500.00 for each of the 4 cases. 4. Total charges due are $2,228.00 to be paid within 12 months from the day of this hearing. Failure to pay within the specified timeframe may result in a lien being placed against the individual. 7. PUBLIC HEARINGS A. HEARINGS 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, animal named "BJ" FOLIO NO: October 17, 2025 4 PROPERTY ADDRESS: 39 Sonderhen Dr, Naples, FL 34114 Assistant County Attorney Ronald Tomasko, Manager Timothy Crotts, Supervisor Cristina Perez and Officer Frank represented the County. Attorney Michael-Anthony Pica and Lisa Defilippo represented the Respondent. Dakota Davison, Respondent, Tonya Jones, Ms. Davison’s mother and David Wensel, Ms. Jones’ husband were present. Timothy Dunne, victim was present. Mr. Pica testified: • Their appeal involves a contention this case is a 2nd offense as the Citation issued for the first event has no determination of liability or finding of guilt of the Respondent. • Additionally, there is no dispute injuries occurred during the event however there is a history of provocation by Mr. Dunne in relation to prior incidents with the “BJ,” Ms. Davison, Ms. Jones and Mr. Wensel which occurred approximately 10 times. • They have stipulated to allow the County’s evidence to be entered into the case. Mr. Tomasko testified: • The Respondent stipulated “BJ” caused severe injury including has “aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property.” • The case being a first or second offense is irrelevant in the case as the issue at hand is the incident where Mr. Dunne was bitten. County Evidence Entered: Exhibit 1: Evidentiary package. RESPONDENT During questioning by Mr. Pica, Ms. Jones testified: • She knows “BJ” very well as he has been a family dog for 8 years and she attends to “BJ” for her daughter on a regular basis. • On the day of the incident, they were exercising “BJ.” He was attached to their golf car via leash and running alongside. • They parked the golf car on the sidewalk, and she exited the left side of the vehicle. “BJ” was on the passenger side, across the sidewalk when Mr. Dunne approached on his electric scooter “revving” the motor. • The activity scared her, and she jumped back into the golf car concerned she would be hit by the scooter. • Mr. Dunne proceeded past the golf car and navigated to the left into doing a U style turn when “BJ” broke free of the leash and chased Mr. Dunne. • “BJ” ran past other people and dogs and encountered Mr. Dunne where he knocked him off his scooter and bit him while Mr. Dunne swung the scooter at him. • Mr. Dunne traversed very close to her and “BJ” was protecting her as they’ve had previous harassing incidents by Mr. Dunne. Mr. Crotts objected to testimony on the past history of the parties being admitted in the case as it is not relevant. Special Magistrate Neale OVERRULED the Objection. October 17, 2025 5 During questioning by Mr. Pica, Ms. Jones testified she has been involved in 2 prior incidents with Mr. Dunne, one in November just after dark encountering Mr. Dunne’s and his dog at the marina. A few weeks later by the boat launch, they encountered Mr. Dunne on his golf car with a white dog and “BJ” jumped at it and Mr. Dunne laughed at them. During questioning by Mr. Crotts, Ms. Jones testified: • She provided a statement to Domestic Animal Services which indicated the scooter was loud. • “BJ” did catch up with the Mr. Dunne during the incident and while he was on the ground he swung the scooter at “BJ”. • She is aware Officer Franks developed a photographic re-creation of the incident (she viewed the photos). • She wasn’t attacked by Mr. Dunne but was afraid she was going to be hit by the scooter when he passed their golf car. During questioning by Mr. Pica, Mr. Wensel testified: • He was present during the incident riding in the passenger seat of the golf car. • “BJ” was restrained by a leash attached to the golf car when Mr. Dunne passed them on the scooter. • “BJ” took off and the collar around his neck broke. • “BJ” travelled 50 to 100 yards to encounter Mr. Dunne who swung the scooter at “BJ”. • He did not see how close the scooter passed by the golf car. • During a previous encounter Mr. Dunne’s dog and his dog fought. It could have possibly been a different white dog. During questioning by the Special Magistrate, Ms. Wensel noted Mr. Dunne’s dog was not present during the time of the incident involving today’s case. During questioning by Mr. Crotts, Mr. Wensel testified: • He provided a statement to Domestic Animal Services which indicated the scooter was 5 feet away from the golf car. • The incident ended approximately 50 – 100 yards from the golf car. • He walks “BJ” frequently in the yard who at times, does not listen to his commands. • He didn’t try to catch “BJ” as the incident occurred quickly and the most effective means to retrieve “BJ” was driving the golf car to the scene. • He was not assaulted by Mr. Dunne during the incident. Mr. Wensel viewed the re-, creation photos prepared by Officer Frank. Respondent Evidence Entered: Exhibit 1: Broken dog collar from the day of the incident During questioning by Mr. Pica, Ms. Davison testified: • She was not present during the incident. • She is familiar with Mr. Dunne based on previous encounters. • There have been approximately 6 occasions where he approached her when she has “BJ.” He buzzes by them on the scooter and laughs at them. On some occasions he has hollered at her • Mr. Dunne had the opportunity to remain a reasonable distance away from them during these encounters. • When “BJ” reacts to his encounters, he laughs at “BJ”. October 17, 2025 6 • She arrived on scene shortly after the incident in question today. During questioning by Mr. Crotts, Ms. Davison testified: • She has never been attacked by Mr. Dunne, only verbally assaulted. • She never notified the authorities as it was a form of antagonization and didn’t think it was a crime she could report. • “BJ” responds to her, Ms. Jones and Mr. Wensel’s commands. • His tendency to protect Ms. Jones and Mr. Wensel is based on the substantial amount of time they spend caretaking “BJ”. • “BJ” would respond to her commands if “BJ” was “worked up.” During questioning by Mr. Pica, Ms. Davison testified “BJ” was present during times Mr. Dunne verbally attacked her. During questioning by Mr. Crotts, Ms. Davison testified the encounters with Mr. Dunne last from one to several minutes depending on the situation. COUNTY During questioning by Mr. Crotts, Officer Franks provided her history in the animal control field and testified: • She investigated the incident by obtaining statements and interviewing the parties. • She recreated the scene with Ms. Jones and Mr. Wensel present and developed photographs of her re-creation. • The first offense involving “BJ” was on December 16, 2023, where a Citation was issued for a dog bite. • The Citation was paid on February 28, 2024. • She spoke with Mr. Dunne on the telephone, met in person and photographed the injuries. • She met Ms. Davison in person on May 27, 2025, and Ms. Jones and Mr. Wensel on June 10, 2025. • She prepared the documents for the Dangerous Dog determination which were approved by the County Attorney’s Office. During questioning by Ms. Difilippo, Officer Frank testified: • She did not issue the first Citation and was not involved in the case. • Signing a Citation is not an admission of guilt. • Re-creation of the incident indicated the scooter was 10 feet away from the golf car with the car between “BJ” and the scooter. • She has not witnessed the scooter in operation to determine how loud it is. • During her discussion with Mr. Dunne, he did not disclose any history between the parties. • Ms. Jones told her she was frightened as the scooter approached and passed by. During questioning by Mr. Crotts, Officer Franks testified the scooter was in the travelled way of the road, a space a vehicle would typically occupy. During questioning by Mr. Crotts, Supervisor Perez testified she visited the scene and took measurements of the area which indicated “BJ” was 13 feet away from the scooter as it passed the golf car. October 17, 2025 7 During questioning by Assistant Director Crotts, Mr. Dunne testified: • The scooter in question is an electric Segway model he has owned for 1 year. • He has never had complaints about the noise of the scooter. • The incident left him with scars on the arms/legs and a broken hand. • He has never attacked or tried to run over Ms. Jones or Mr. Wensel. • He has never met or encountered Ms. Davison. The only contact with the parties being when Mr. Wensel’s dog attacked his dog. • He never directed any comments, whistled, etc. towards Ms. Jones, Mr. Wensel or Ms. Davison or assaulted them. • He exercises his dog with a golf car in a similar manner to the Respondents without incident. During questioning by Ms. Difilippo, Mr. Dunne testified: • He has never been issued a Citation for incidents with his dog. • The scooter motor makes a humming noise which may only be heard a short distance. • He was more than a few feet away from Ms. Jones as he passed by her. • He has had no prior contact with Ms. Davison and never met her. • His only contact with the Respondent’s is with Mr. Wensel. During questioning by Assistant Director Crotts, Mr. Dunne testified he was 6 feet away from the curb as he passed, however the golf car was not in the location as claimed by the Respondents. During questioning by Ms. Difilippo, Mr. Dunne testified he uses his golf car in a similar manner to exercise his dog and has only had prior interaction with Mr. Wensel. CLOSING Ms. Difilippo concluded: • The language of the Florida Statute refers to an appropriate defense for a dangerous dog if there is tormenting, abuse or assaulting of the dog or family member. • Testimony was provided on the abusive, tormenting actions prior to the day in question. • Ms. Jones was in fear of being hit by the scooter as she heard “revving” an acceleration of the device. • To protect the owner, “BJ” responded as he would given the situation. • There was a lack of testimony from Mr. Dunne on how he operated the scooter, placement of the golf car and dog at the time of the incident. • “BJ” was provoked which led to the injury to Mr. Dunne. • Language in the first Citation does not provide an admission of guilt when accepting the Citation. Mr. Tomasko concluded: • The Citation issued for the incident is the 2nd infraction as in the State of Florida, paying a fine for a ticket or Citation is an admission of guilt with no challenges to the offense. • Florida Statute 767.11.3(a) defines a Dangerous Dog as a dog which “Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property.” • Florida Statute l767.12(2) (b) indicates a dog may not be declared “Dangerous” if “the dog was protecting or defending a human being within the immediate vicinity of the dog from an October 17, 2025 8 unjustified attack or assault.” The provision is not applicable in this case given the circumstances surrounding the incident as Mr. Dunne was not attacking or assaulting anyone. • “BJ” should be declared a Dangerous Dog. Special Magistrate Neale requested the parties submit a brief summary for their position on: 1. Whether the injuries inflicted were “severe.” The “Dr. Ian Dunbar Dog Bite Scale” may be utilized as a reference. 2. Whether “BJ” was protecting or defending a human being within the immediate vicinity of “BJ”. The summaries to be submitted by October 24, 2025. Mr. Tomasko noted the Respondent already stipulated the injuries caused were severe. Ms. Defilippo stated they stipulated injuries occurred in the case, not they were severe in nature. 2. CASE NO: CEAC20250006751 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Dangerous Dog, animal named "Zeus". FOLIO NO: PROPERTY ADDRESS: 3840 28th AVE SE, Naples, FL 34117 The appeal of the County’s determination of “Zeus” being declared a Dangerous Dog was withdrawn by the Respondent. 3. CASE NO: CEAC20250006751 OWNER: Dayanis Lucia Ruiz OFFICER: Jessica Lowes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Dangerous Dog, animal named "Hera". FOLIO NO: PROPERTY ADDRESS: 3840 28th AVE SE, Naples, FL 34117 The appeal of the County’s determination of “Hera” being declared a Dangerous Dog was withdrawn by the Respondent. 8. CASE NO: CEAC20240010142-02 OWNER: Dayanis Lucia Ruiz OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35 (1)(B), Violation of Probation Period per Order, "Zeus" FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 Cases 8 and 9 were combined. 9. CASE NO: CEAC20240010142-03 OWNER: Dayanis Lucia Ruiz OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B), Running at Large - Violation of Probation Period per Order, October 17, 2025 9 "Hera" FOLIO NO: PROPERTY ADDRESS: 3840 28th Ave SE, Naples, FL 34117 Supervisor Cristina Perez represented the County. Ms. Ruiz was present and testified the infractions occurred 2 days before the end of the probationary period and she has taken steps to remedy the situation by utilizing kennels to confine “BJ”s when necessary. They own 3 acres of property and “BJ”s dug under the fence and escaped. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and reinstated the probationary period pending no further violations involving “Zeus” and “Hera” within 6 months of today’s hearing or initial civil penalties will be reinstated for full payment. A. 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 C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. None 11. REPORTS None 12. NEXT MEETING DATE – November 21, 2025, at 9:00 a.m. (if necessary) October 17, 2025 10 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:07 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on _______________________________________, as presented ______________, or as amended _____________.