Agenda 05/08/2018 Item #17A05/08/2018
EXECUTIVE SUMMARY
Recommendation that the Board adopts an ordinance which expands the powers of the Special
Magistrate, and eliminates the Special Magistrate Review Board.
OBJECTIVE: To expand the powers of the Special Magistrate and eliminate the Special Magistrate
Review Board.
CONSIDERATIONS: This is the adoption hearing for this ordinance, which the Board approved for
advertising on April 24, 2018. On today’s agenda is a proposed agreement for a new Special Magistrate,
as the current agreement is scheduled to expire on May 15, 2018, as well as a proposed extension of the
current Special Magistrate’s agreement. Staff would like to include the following duties as part of the
new agreement:
“vendor payment dispute hearings, procurement bid protests and such other similar administrative
hearings (collectively, the “hearing services”).”
The current jurisdiction of the Special Magistrate is as follows:
Sec. 2-2021. - Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jur isdiction to hear and decide cases as the
Enforcement Board, and may also hold hearings on contested citations under the procedures
set forth in Article V herein, issued by but not limited to, the Collier County Sheriff's office,
the Collier County Code En forcement Department, Domestic Animal Services, and the
Utility Billing and Customer Services Departments for violation of local codes and
ordinances. In addition, the Special Magistrate shall have jurisdiction to hear appeals of
dangerous dog determinations pursuant to F.S. ch. 767.
Pursuant to the Procurement Ordinance, the County Manager may assign the Special Magistrate to hear
vendor payment dispute hearings and procurement bid protests. There is no current provision, however,
that specifically empowers the Special Magistrate to hear “similar administrative hearings.”
The County Attorney believes that providing the Special Magistrate with the ability to hear additional
administrative matters could prove useful and reduce potential litigation costs, as it would create a new,
inexpensive administrative avenue for dispute resolution. Accordingly, the County Attorney, having
worked with the current Special Magistrate, proposes adding the following language:
Sec. 2-2021. - Jurisdiction of Special Magistrates.
Special Magistrates shall have the same jurisdiction to hear and decide cases as the
Enforcement Board, and may also hold hearings on contested citations under the procedures set
forth in Article V herein, issued by but not limited to, the Collier C ounty Sheriff's office, the
Collier County Code Enforcement Department, Domestic Animal Services, and the Utility
Billing and Customer Services Departments for violation of local codes and ordinances. In
addition, the Special Magistrate shall have jurisdi ction to hear appeals of dangerous dog
determinations pursuant to F.S. ch. 767 and to hear and decide matters involving vendor
payment disputes pursuant to F.S. § 218.70 and Ord. No. 2013-69, as amended, together with
such matters as may be authorized by the Board of County Commissioners pursuant to Florida
Statutes or as may be established by county ordinance, either for final decision or for
recommendation to the Board.
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In addition, the Special Magistrate Ordinance provides for a Special Magistrate Review Board. This
Board was included in the original ordinance based in part on concerns then raised by the Code
Enforcement Board, and in part as a review mechanism since the County had no prior experience with
this process. Since its inception, the Special Magistrate has greatly exceeded everyone’s expectations,
and accordingly this Board has had no reason to meet since the hiring of the first (and current) Special
Magistrate. At this time, neither staff nor the County Attorney believe that this board is necessary.
Accordingly, it is recommended that the Special Magistrate Ordinance be amended to eliminate the
Special Magistrate Review Board as follows:
DIVISION 3. - SPECIAL MAGISTRATE
Sec. 2-2022. - Qualification, appointment, and removal of Special Magistrates.
Appointment of a Special Magistrate shall be based on the following qualifications and terms:
(1) The Commission shall appoint as many Special Magistrates as deemed necessary.
(2) Special Magistrates shall at minimum: (a) be a graduate of a l aw school accredited by the
American Bar Association; (b) demonstrate knowledge of administrative law, land use law
and local government regulations and procedures; (c) be a member in good standing with
the Florida Bar; and (d) be either a certified mediat or under the rules of the Florida
Supreme Court, an arbitrator qualified by a recognized Arbitration Association, or a former
judge; and (e) meet other such qualifications that may be established by resolution of the
Commission.
(3) Special Magistrate appointment shall be for a two-year term. Upon recommendation of the
Special Magistrate Review Board, a Any Special Magistrate may be reappointed at the
discretion of the Commission. There shall be no limit on the number of reappointments that
may be given to any Special Magistrate; provided a determination for removal or
reappointment is made for each individual Special Magistrate at the end of each two -year
term. The Commission shall have authority to remove a Special Magistrate with or without
cause upon ten days written notice.
(4) If any Special Magistrate resigns or is removed prior to expiration of his or her term or the
Review Board determines that the Special Magistrate should not be reappointed, the
Review Board shall make a recommendation for reapp ointment from the candidates
previously interviewed to fill the vacancy within 30 days. (Ord. No. 2010 -04, § 1)
Sec. 2-2023. - Establishment of a Special Magistrate Review Board.
The Commission shall create a Special Magistrate Review Board, comprised of two members
of the Code Enforcement Department; one member from the Office of the Collier County
Attorney; and two sitting members of the Code Enforcement Board. The duty of the Review
Board shall be to recommend appointment for the Special Magistrate(s) and review, on an
annual basis, the performance of the Special Magistrate(s) in order to recommend the removal
or reappointment of said Special Magistrate(s) to the Commission. (Ord. No. 2010 -04, § 1)
FISCAL IMPACT: Cost of advertising was $374.85.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board adopts an ordinance which amends the powers of the Special
Magistrate and eliminates the Special Magistrate Review Board.
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Prepared by: Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Proposed Amendment to Code Enforcement Ordinance (PDF)
2. Legal Ad - Amendment to Code Enforcement Ordinance (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 5510
Item Summary: Recommendation that the Board adopts an ordinance which expands the powers
of the Special Magistrate, and eliminates the Special Magistrate Review Board.
Meeting Date: 05/08/2018
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
04/30/2018 1:56 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/30/2018 1:56 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/30/2018 2:19 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/01/2018 7:54 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/01/2018 9:33 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 05/01/2018 1:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/08/2018 9:00 AM
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Packet Pg. 1162 Attachment: Proposed Amendment to Code Enforcement Ordinance (5510 : Amendment to Consolidated Code Enforcement Ordinance -
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Packet Pg. 1163 Attachment: Proposed Amendment to Code Enforcement Ordinance (5510 : Amendment to Consolidated Code Enforcement Ordinance -
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Packet Pg. 1164 Attachment: Proposed Amendment to Code Enforcement Ordinance (5510 : Amendment to Consolidated Code Enforcement Ordinance -
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Packet Pg. 1165 Attachment: Legal Ad - Amendment to Code Enforcement Ordinance (5510 : Amendment to Consolidated Code Enforcement Ordinance -