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 Sarasota County
 Code of Ordinances
 Chapter 2. ADMINISTRATION
 Article VIII. CODE ENFORCEMENT

  § 2-345. Special Magistrates.  

Latest version.

  • (a)

    The Board is hereby authorized to select Special Magistrate candidates having the authority to hold hearings, assess fines, and order mitigation for violations of the Sarasota County Code, as provided herein.

    (1)

    Special Magistrates shall be attorneys at law, licensed to practice in Florida, residents of Sarasota County, and possess outstanding reputations for civic pride, interest, integrity, responsibility, and business or professional ability. Applications for Special Magistrate shall be filed with the County Administrator pursuant to Notice, published from time to time in a newspaper of general circulation. The Board shall select a pool of candidates from the applications timely filed with the County Administrator on the basis of experience or interest in code enforcement.

    (2)

    From the pool of candidates selected by the Board, the County Administrator shall appoint Special Magistrates to hear cases.

    a.

    At any time during the appointment, the Board or County Administrator shall have authority to remove Special Magistrates for cause, upon 30 days written notice. For purposes of this subsection, cause shall be neglect of duty, malfeasance or misfeasance, conduct unbecoming a public official, incompetence, and matters that would disqualify a person from holding the position of Special Magistrate under this article.

    b.

    If any Special Magistrate elects to voluntarily resign his or her appointment, he or she shall provide 30 days written notice to the County Administrator.

    c.

    If any Special Magistrate's position is terminated, whether by removal or resignation, the County Administrator shall appoint a Special Magistrate from the pool of candidates previously selected by the Board to fill the vacancy.

    (3)

    Special Magistrates shall not be county employees, but may be compensated at a rate to be established by resolution of the Board. In addition, Special Magistrates may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the Board.

    (4)

    The Board shall provide clerical, administrative personnel, and legal services as may be reasonably required by Special Magistrates for the proper performance of their duties.

    (5)

    Special Magistrates shall have the inherent authority to control their proceedings. Special Magistrates are authorized to impose sanctions necessary to maintain dignity of the proceedings and to stop any activity which impedes or obstructs the administration of justice. This power shall only be exercised in rare circumstances after verbal warning. A Special Magistrate may issue any of the following non-monetary sanctions:

    a.

    Directing security to remove uncivil, disobedient, or disruptive persons from the proceedings.

    b.

    Calling for recess of the proceedings.

    c.

    Dismissal of an Affidavit of Violation.

    d.

    Entry of a default compliance order or default penalty order.

    e.

    Striking one or more charges within an Affidavit of Violation.

    f.

    Striking one or more affirmative defenses.

    g.

    Striking of one or more witnesses.

    h.

    Requiring representation by a member of the Florida Bar.

    i.

    Any other non-monetary sanctions deemed appropriate to control the proceedings.

    The Special Magistrate shall list the reasons for a sanction being imposed in a written order.

(Ord. No. 93-006, § 5, 2-9-1993; Ord. No. 2000-052, § E, 7-25-2000; Ord. No. 2004-099, § 1, 10-12-2004; Ord. No. 2005-029, § 4, 6-29-2005; Ord. No. 2017-057, § 5, 11-14-2017)