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City attorney recommends civil penalties to replace misdemeanors; commission favors escalating civil fines and magistrate process
Summary
Legal staff presented options for revising Deltona’s penalty rules after the sheriff’s office interpreted several code penalty provisions as criminal misdemeanors. Commissioners favored moving toward civil escalating fines enforced by sheriff and code and handled by a special magistrate rather than prosecuting misdemeanors.
City legal staff told the Deltona City Commission that the city’s current penalty cross‑references lead to a criminal‑misdemeanor enforcement path for several code sections (noise, solid waste, dangerous animals, etc.), and recommended revising that penalty structure to a civil, escalating‑fine model enforceable by both code enforcement and the sheriff’s office.
The city attorney explained the legal background: multiple code chapters refer to a single general penalty section (city code section 1‑15) that has been…
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