- February 25, 2025
Commissioner objects to Florida’s “one free-kill” rule.
The City Commission gave approval to revising the ordinance that covers dangerous dogs in their regular meeting on Jan. 6. A second reading will be necessary before it becomes law.
State statutes govern dangerous dogs and the city cannot have laws that conflict with them, but local ordinances can expand on the law. In Ormond Beach, owners of dogs that have been deemed dangerous have had the option of providing the city with a cash deposit of $1,000, in place of obtaining liability insurance. This has been changed.
“A cash deposit does not protect the public,” said Assistant City Attorney Ann-Margret Emery. Documents supporting the new ordinance stated that the average dog bite insurance claim in Florida is $38,400.
City Commissioner Troy Kent said he was shocked to learn that it was that high.
“Thanks for getting this up to date,” he said, addressing the legal department.
The ordinance approved by the commission will require owners of dangerous dogs to provide proof of liability insurance or surety bond in the amount of $100,000.
The city also revised the local ordinance so that it matches current state statutes. Previously, the state law said that a dog would be deemed dangerous if it kills a domestic animal. Now, state law says that a dog will be deemed dangerous if it “more than once severely injured or killed a domestic animal while off of the property of its owner or keeper.”
City Commissioner Rick Boehm said he didn’t understand why Florida has a “one free-kill rule.”
“This really bothers me,” he said. “I object to the way this law is written.”
He said he owns a dog and if another dog killed it he would want that dog deemed dangerous.
Mayor Ed Kelley said perhaps the matter can be taken up the state representatives.
The law was not changed in regard to humans and a dog can be deemed dangerous if it attacks or threatens to attack in certain situations. The city ordinances that cover dangerous dogs are Section 5-78 through Section 5-81 in the Code of Ordinances, which can be found on the city website.
The ordinance revision was passed by the commissioners.
City continues to annex land
The commission also approved annexing two parcels of land from the county at the request of the owners.
City Planning Director Richard Goss told the commissioners that the Ormond Beach Fire Department objected to the annexation of Life Mobile Home Park, 500 S. Nova Road, consisting of 23.44 acres, because the property does not conform to the city’s land development code for fire protection. According to city documents, Fire Chief Bob Mandarino said that two additional fire hydrants would be required at the rear of the property. He said the city would call for backup from the county if there is a fire in the rear of the property.
Goss said if the property is redeveloped, the owner will be required to make the fire service upgrades because it is private property.
The city also annexed 1.91 acres at 240 Williamson Blvd. Goss told the commission that the owner, Joe Mirachi, president of Launch Federal Credit Union, plans to build a bank with a drive through in that location. The property, north of Tire Kingdom, is currently vacant.
The annexations continue a trend of the city annexing county land that is surrounded by the city.
Boehm said he was surprised to learn that the mobile home park was not part of the city, because it’s well inside the city limits.
Several areas along Williamson have been annexed in the past year, and Goss said the thoroughfare is now in Ormond Beach all the way south to Florida Hospital.
