Agenda 02/12/2013 Item #10F 2/12/2013 10.F.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners direct the County Attorney to
prepare an ordinance for board approval providing for a county Hearing Officer who shall
be empowered to hear and rule on limited planning and zoning matters; that any decision
of the Hearing Officer may be appealed to the Board of County Commissioners; that it be
further directed that county staff develop a job description based on the legal definition of
the newly created position, obtain board approval for funding the position, and
immediately advertise the position upon board approval of the ordinance, all so that a
Hearing Officer is hired and in place by April 15, 2013 with the intent of promoting
administrative efficiency in rendering certain development related decisions by the county.
OBJECTIVE: That the Board of County Commissioners direct the County Attorney to prepare
an ordinance for board approval providing for a county Hearing Officer who shall be empowered
to hear and rule on limited planning and zoning matters; that any decision of the Hearing Officer
may be appealed to the Board of County Commissioners; that it be further directed that county
staff develop a job description based on the legal definition of the newly created position, obtain
board approval for funding the position, and immediately advertise the position upon board
approval of the ordinance, all so that a Hearing Officer is hired and in place by April 15, 2013
with the intent of promoting administrative efficiency in rendering certain development related
decisions by the county.
CONSIDERATIONS: Florida law permits the Board of County Commissioners to delegate
decision making authority with respect to certain planning and zoning matters to a county
Hearing Officer. The Board of County Commissioners retains the ability to hear any appeal by a
petitioner unhappy with a Hearing Officer's ruling. The delegation of such limited decision
making to a professional versed in the county's development regulations will allow the Board of
Commissioners to devote more of its limited time to major decision making, and further allow
for more timely processing of transactions taken as whole. The overall improvement in the level
of service to private property owners and the development industry should become immediately
visible with the recommended administrative change. Additionally, this is one more step towards
the board's objective of becoming more business friendly. County staff has already indicated its
support for such a position, as have a number of commissioners. The county is perfectly poised
to take immediate action in this matter without further delay.
FISCAL IMPACT: To be determined by county staff and brought before the board as a
proposed budget amendment based on salaries offered to Hearing Officers in other Florida
counties.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority support for approval. The County had started down this path a
number of years ago, to the point that it successfully requested the Legislature amend the 1967
Special Act through Laws of Fla. ch. 2001-344, to specifically authorize the implementation of a
hearing examiner program by county ordinance. -JAK
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2/12/2013 10.F.
RECOMMENDATION: That the Board of County Commissioners direct the County Attorney
to prepare an ordinance for board approval providing for a county Hearing Officer who shall be
empowered to hear and rule on limited planning and zoning matters; that any decision of the
Hearing Officer may be appealed to the Board of County Commissioners; that it be further
directed that county staff develop a job description based on the legal definition of the newly
created position, obtain board approval for funding the position, and immediately advertise the
position upon board approval of the ordinance, all so that a Hearing Officer is hired and in place
by April 15, 2013 with the intent of promoting administrative efficiency in rendering certain
development related decisions by the county.
PREPARED BY: Commissioner Georgia Hiller, Chair
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2/12/2013 10.F.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.10.F.
Item Summary: Recommendation that the Board of County Commissioners direct the
County Attorney to prepare an ordinance for board approval providing for a county Hearing
Officer who shall be empowered to hear and rule on limited planning and zoning matters;that
any decision of the Hearing Officer may be appealed to the Board of County Commissioners;
that it be further directed that county staff develop a job description based on the legal
definition of the newly created position, obtain board approval for funding the position, and
immediately advertise the position upon board approval of the ordinance, all so that a Hearing
Officer is hired and in place by April 15, 2013 with the intent of promoting administrative
efficiency in rendering certain development related decisions by the county. (Commissioner
Hiller)
Meeting Date: 2/12/2013
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
2/6/2013 8:09:48 AM
Submitted by
Title:Executive Secretary to County Manager, CMO
Name: BrockMaryJo
2/6/2013 8:09:49 AM
Approved By
Name: OchsLeo
Title: County Manager
Date: 2/6/2013 11:59:13 AM
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