New Volusia County dangerous dog laws include doubled fines, ‘bite scale’

Updates to Volusia County’s dangerous dog laws mean an increased maximum fine for violators and other language intended to make the county a safer place to live.

The County Council approved the revisions 5-1 on Tuesday, June 17. The update brings the county’s rules in compliance with state law changes, said Randa Matusiak, director of Volusia County’s Public Protection Department.

District 1 Councilman Don Dempsey voted against the changes. Volusia Council Chairman Jeff Brower was not at the meeting because of a medical appointment.

The new state law will take effect on July 1. The bill was filed after the death of Pamela Rock, a mail carrier.

“Pamela was brutally attacked and killed by a pack of dogs with a known history of aggression. Her loss is a stark reminder of the need for stronger protections,” Rep. Judson Sapp, a Republican from Green Cove Springs, said in a statement included with the bill.

What is changing in Volusia County’s dangerous dog laws?

One key change is doubling the maximum fine for owners of dangerous dogs who violate certain laws.

For example, the fine would be up to $1,000 instead of $500 for allowing a dangerous dog go outside of a secure enclosure without supervision by an adult and certain equipment, such as a muzzle and a “proper restraint.”

Another provision clarifies how a dog is handled during a dangerous dog investigation.

If a dog kills a person or bites a person severely enough, Animal Services must confiscate the dog and put it in quarantine. That quarantine lasts during the investigation and until any hearings or appeals are finished.

“We must confiscate that dog during the investigation, as opposed to previously, it was that we may confiscate that dog,” Matusiak said.

The ordinance also adds a definition of a proper enclosure for dogs and adds a “Dunbar bite scale” rating for defining bite severity.

One section reads that “If a dangerous dog has killed a human being or has bitten a human being and left a bite mark that scores 5 or higher on the Dunbar bite scale and is surrendered to an animal control authority, the authority must humanely euthanize the dog.”

A level 5 or 6 bite on that scale means “Multiple deep wounds or fatal injuries,” according to Bernheim Kelley Injury Lawyers.

Volusia County recently adopted an ordinance requiring owners of dangerous dogs to have $500,000 in liability coverage for the dog. That exceeds the state requirements of at least $100,000 in liability coverage. The County Council already adopted that language before Tuesday.

Dempsey again objected to requiring $500,000 in coverage when the state only requires $100,000. He said he doesn’t think the county has had an issue with a dog that’s been declared dangerous biting again.

“My biggest fear is that this is going to cause a lot of these dogs that have been deemed dangerous to get the death sentence because the … dog owners can’t afford the extra $400,000 in coverage and it’s going to cause them to have to get rid of these dogs that otherwise statistically are not going to re-offend.”

Dangerous dog laws have been in focus in Volusia County since Michael Millett III died in January after being attacked by a pit bull and a mixed-breed dog north of DeLand. The dogs that killed him had not been deemed dangerous before the attack. The county euthanized them.

How to keep yourself safe from dogs

One resource the county has to help keep people safe is a list of dangerous dogs online.

If a person sees a dog acting aggressively, such as snapping at or approaching people, that’s an emergency that warrants calling 911, Matusiak said.

People can call Animal Services with an animal complaint at 386-248-1790. People can also report suspicious animal activity on the county’s website.

“The best suggestion really is do not approach a strange dog … especially if it seems to be acting aggressively,” Matusiak said.

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