Deltona commission directs staff to prepare litigation resolution over alleged false water claims

The Deltona City Commission voted on Feb. 17 to direct the city attorney to prepare a resolution authorizing litigation against a person who the city says repeatedly published false statements about the safety of Deltona's drinking water.

City Attorney (on record) said the city issued a cease-and-desist on Jan. 23 to Jason Volz, advising him to retract "certain false, misleading, and defamatory statements related to the city's potable water supply," and that Volz had not retracted the statements and had continued to publish additional statements after the notice. The attorney said the statements had the potential to "incite panic" about the water supply and therefore warranted prompt legal attention.

The city manager told the commission he believed the person had edited and republished city video to create a false impression that city staff advocated unsafe actions; he said a second edited video was posted after the cease-and-desist. Commissioners said residents reported panic and asked the city to clarify why it sent a targeted cease-and-desist rather than similar notices to other critics. The city attorney said each instance is fact-specific and described criteria the office used — including whether the person had elevated himself as a public figure and whether the communication could pose a public-safety risk.

Commissioner Santiago moved to instruct the city attorney to prepare a resolution authorizing litigation; Commissioner Harriot seconded. A roll-call vote to place such a resolution on the next agenda passed 5–1 (Yes: Commissioner Harriot; Commissioner Howington; Commissioner Novick; Commissioner Santiago; Mayor — No: Vice Mayor Avila Vasquez). The commission did not adopt a litigation resolution that night; staff will prepare the resolution for a future meeting and the body may vote on it at that time.

The transcript records the city attorney's characterization that the material was "demonstrably false" and that staff provided corrected technical information to the person prior to sending the notice. The city framed the action as a civil step but said other agencies might also pursue remedies if warranted. No court filing or judgment was recorded in the meeting.

Because this matter will proceed through legal channels, the commission and staff said they intended to present a written resolution and supporting materials at the next meeting for public record and further action.