14 Floridas requirements for public meetings, known as the Sunshine Act, is set forth in Fla. Stat. to exist. The special master shall have the power to swear witnesses and take their testimony under oath, to issue subpoenas and other orders regarding the conduct of the proceedings.. See AGO 2002-78, AGO 2010-19, and AGO 2013-18 for analysis of dual-office holding prohibition in regard to code enforcement magistrates (also known as hearing officers.). APPELLATE OPINION This consolidated case is before the court to review two decisions of the Code In doing so, the government will protect its citizens from unfair enforcement while also ensuring the defensibility of code enforcement orders in court. [10] City of Tampa v. Brown, 711 So. 2d 95, 96 (Fla. 5th DCA 1996); Rutledge v. Co. of Hillsborough, 2005 WL 2416976 at *6 (13th Cir. 20.5 and 27 of the City of Tampa Code. Continue the Mayors Tree Giveaway, providing residents with 1,000 free trees annually. 2d 1188, 1189 (Fla. 2d DCA 1998), rehg granted, 728 So. hj0_eJRPJISQl}'N J7we&` g2I(I.k4eN3hZ&y 4..:-eiUi#&^m"74[k)95l[Qpx4&mZbwWM&wrqyAUUh31^. |22jOdsdDA8Olr~:/!C. 427 0 obj <>stream 163.105(5) (2014) requires a local government to maintain separate legal counsel for its code enforcement board (The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.). divided up into residential mobile home lots.6 In October of 2020, a Tampa code enforcement special magistrate agreed with the city's interpretation of the law, finding that the tree removal violated Tampa's 7 An appeal of the special magistrate's decision is currently pending.8 Effect of Proposed Changes HB 1167 defines the term: Some local governments have also found that board members drawn from the local community may also come to the board with predetermined loyalties, vendettas, or biases that prohibit those members from affording the due process necessary to this quasi-judicial process.

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