§ 33.05. Special magistrate.

(A)

The town commission may appoint one special magistrate and up to two alternate special magistrates to serve in the event of legal conflicts of interest or absences. The special magistrate shall have the same status, jurisdiction, and authority as the code enforcement board. All references to the code enforcement board in the town Code of Ordinances and Land Development Code shall apply to the special magistrate, except that no legal counsel shall be appointed to advise the special magistrate.

(B)

The minimum qualifications to be eligible for service as a special magistrate are stated below. In addition, the town may specify additional required qualifications in its solicitation for a special magistrate.

(1)

Be an active member in good standing of the Florida Bar with a minimum of three years recent experience in the practice of law, which experience shall include litigation and administrative hearing experience. Preference will be given to former judges, attorneys who have practiced as certified arbitrators or attorneys with local government experience.

(2)

Shall not be an employee of the town, resident of the town, nor hold any other elected or appointed office with the town.

(3)

Shall comply with the Code of Ethics of the State of Florida and the Florida Bar Rules of Professional Conduct.

(C)

The term of appointment of any special magistrate shall be for an initial term of three years, with the opportunity for two additional one-year renewals, or as may otherwise be established by the town commission. Terms of appointment and compensation for the special magistrate shall be as established pursuant to contract approved by the town commission.

(D)

The town commission may, by resolution or contract, specify that the special magistrate appointed under this section shall perform additional duties as a hearing officer conducting quasi-judicial hearings on other matters concerning the town's Code of Ordinances or Land Development Code.

(E)

The special magistrate shall serve at the pleasure of the town commission and may be removed from service at any time, with or without cause, by a majority vote of the members of the town commission present and voting.

(F)

The following conflict of interest provisions shall apply to the special magistrate:

(1)

Upon appointment, the special magistrate shall comply with the disclosure requirements imposed by Florida law, including but not limited to, F.S. §§ 112.313 and 112.3145.

(2)

The special magistrate shall comply with the voting requirements imposed by Florida law, including but not limited to, F.S. §§ 286.012 and 112.3143.

(3)

For a period of one year from the date of termination of office as special magistrate, however terminated, such person is hereby expressly prohibited from acting as agent or attorney in any proceedings, petition or other matter before a special magistrate for the town.

(4)

No person who is or may become a party to a hearing before a special magistrate shall communicate ex parte with the special magistrate concerning that violation. This restriction shall extend to any person appearing or interceding on behalf of a party, whether or not such person may have a direct personal or financial interest in the subject property or properties of the alleged violation.

(5)

A special magistrate shall not communicate ex parte on his own volition with any party, representative of any party, or interceding person concerning an alleged violation; however, the special magistrate may consider a request regarding the scheduling or continuance of such hearings when such request is made in writing.

(6)

In the event a legal conflict of interest prevents the special magistrate from hearing a case, the town manager may direct that the case be heard by an alternate special magistrate previously designated by the town commission, or in the alternative the case may be referred to the town's code enforcement board.

(G)

The special magistrate shall have the authority to establish procedures for the presentation of cases and the establishment of fines in accordance with this chapter. The town code enforcement officer, or a designee as requested by the town manager, shall prosecute all cases before the special magistrate. The town commission may determine the type and manner of cases to be heard by the special magistrate, or designate such authority to the town manager.

(H)

The special magistrate is authorized to reduce any fine he/she imposes pursuant to this chapter. The special magistrate shall establish procedures for hearing cases for the reduction of fines utilizing the criteria set forth in subsection 33.10(C) herein, and the special magistrate's decision regarding the reduction of fines shall be final.

(Ord. 2018-03, passed 6-4-18; Ord. 2018-13, passed 10-15-18)