AG Opinion Dated March 17, 2017
Therefore, I am of the opinion that section 286.0114 (3)(d), Florida Statutes, does not require that members of the public be given a “reasonable opportunity to be heard” at quasi-judicial code enforcement hearings conducted by a special magistrate pursuant to authority delegated by the county code enforcement board, and that section 162.07(4), Florida Statutes, contemplates that the outcomes of code enforcement hearings will be presented at public hearings conducted by the special magistrate.
Sincerely,
Pam Bondi
Attorney General
PB/ttlm
Replies
22Beach Fanatic
As several individuals feared, the approval to use a special magistrate will have a chilling effect on public comment and will restrict the public's ability to influence land use decisions. I imagine that would be good news to some entities but it would be horrible public policy.
Beach Fanatic
Danny and Bob. I do understand your concern. This individual, who would be the magistrate, would it not be the requirement to follow the rules, codes, plans as defined by the government? Do we want the magistrate to rule based on feelings, personal interest and bias. I know what many on SoWal feel about the government here in Walton County, but aren't Magistrates someone who who have particular knowledge relating to the subject. Also isn't there an appeal process much like there currently is through the civil court process? Anyone want to hold an election for the Magistrate position?
Beach Fanatic
#43
Here is an article from Stetson University relating to a Special Magistrate and Seminole Countys Special Magistrate Ordinance.
Beach FanaticAuthor
Bob is asked this question at a BCC meeting when this "idea" was brought to the BCC. Has a ruling of the Code Enforcement Board ever been overturned on appeal ? The answer from the County Attorney stated "No".
The Citizen Boards of Walton County are doing a good job of "interpreting" ordinances and the codes that are passed by the Commission.
I prefer to not give up the right I currently enjoy of expressing my "concerns or support" on issues before a board.
The Citizen Boards of Walton County are doing a good job of "interpreting" ordinances and the codes that are passed by the Commission.
I prefer to not give up the right I currently enjoy of expressing my "concerns or support" on issues before a board.
Beach Fanatic
Bob Wells, I want to follow the law and apply it fairly. But I also want the public to have a voice and be able to present their views. The stated purpose for this "idea" was to take the burden of long meetings from the volunteers and the BCC. Well I am sorry but public service sometimes requires some sacrifice and the public's interests should be at the heart of the decision. That is not just me pontificating; I currently sit on the Planning Board as a volunteer. The day I do not want to hear what the public has to say is the day I will resign.
Beach Fanatic
Could not the ordinance establishing the Magistrate allow for public input? Never has a decision issued by the Code Enforcement Board been overturned, really? The courts have never overturned a Code Enforcement or Planning Board ruling, ie Driftwood? Seems that one is constantly in the courts? One of the other ones we may see is the Sandestin. Don't we want to take the politics out of these decisions also? Thanks for the information.
Beach Fanatic
VOTE for C. Jones again! It will only get worse.
Beach Fanatic
A Government that looks to silence the people is a Government to be Feared.
Beach Fanatic
Seems that we tend to worry about silencing thenoeople depending on the issue. There were those who wanted an appointed Superintendent of Schools and those who thought that was taking away the voice of the people. Appointing a Sheriff was also something that had been discussed. As for who is elected and the one with the most votes win. We can complain about whoever we want, but some of these folks are successful at getting elected and reelected. There are some who have run and should be able to offer insight into what it takes to win.
Beach Fanatic
We can complain about whoever we want, but some of these folks are successful at getting elected and reelected.
Yes, money will buy anything these days!!
Beach Fanatic
Could not the ordinance establishing the Magistrate allow for public input? Never has a decision issued by the Code Enforcement Board been overturned, really? The courts have never overturned a Code Enforcement or Planning Board ruling, ie Driftwood? Seems that one is constantly in the courts? One of the other ones we may see is the Sandestin. Don't we want to take the politics out of these decisions also? Thanks for the information.
LOL@ you. A special Magistrate hired by the County, paid by the County to do the Counties (i.e.) C. Jones T. Anderson and a developers bidding? That's sorta like asking the County Attorney not to do what he's paid to do...defend the County from their own BS.
Beach Fanatic
Amazing when I look back at the money spent on District 5, by both candidates.
Beach Fanatic
Bob Wells, I know of no system ever created by mankind nor any organization with a membership over 3 that does not involve politics. Politics is neutral, it is the motivations of the participants that determine whether their politics are positive or negative. A magistrate would be hired by the BCC. As labor arbitrators found in major league baseball, if you rule against those who pay your salary, you will quickly be unemployed.
Beach Fanatic
Amazing when I look back at the money spent on District 5, by both candidates.
Even more amazing are the lies told against Cindy Meadows that she has been exonerated from and yet she still manged to raise significant money to run.
Beach Fanatic
Bob Wells, I know of no system ever created by mankind nor any organization with a membership over 3 that does not involve politics. Politics is neutral, it is the motivations of the participants that determine whether their politics are positive or negative. A magistrate would be hired by the BCC. As labor arbitrators found in major league baseball, if you rule against those who pay your salary, you will quickly be unemployed.Doesn't this also happen with volunteer boards Danny?
Beach Lover
Seems that we tend to worry about silencing thenoeople depending on the issue. There were those who wanted an appointed Superintendent of Schools and those who thought that was taking away the voice of the people. Appointing a Sheriff was also something that had been discussed. As for who is elected and the one with the most votes win. We can complain about whoever we want, but some of these folks are successful at getting elected and reelected. There are some who have run and should be able to offer insight into what it takes to win.
So, what position do they have you lined up to run for next election, Mr. Wells??? Or are you more valuable where you are?
Beach Fanatic
So, what position do they have you lined up to run for next election, Mr. Wells??? Or are you more valuable where you are?Who are "they"?
Beach Fanatic
Bob Wells, of course it is true of volunteer boards. It is true in churches, civic organizations and every workplace. People jockey for position and attempt to win others over to their position. That is just human nature.
So IMHO there is no way to remove politics from the equation. It boils down to the cost of a paid magistrate vs volunteers, having someone enforce the rules that lives in the community vs an outsider with no skin in the game and allowing public input in decision making vs having lawyers control the process totally. I vote for allowing involved community volunteers to make decisions based on law WITH citizen input. IMHO you consistently will get far better results and a far better community to work, play and live in.
So IMHO there is no way to remove politics from the equation. It boils down to the cost of a paid magistrate vs volunteers, having someone enforce the rules that lives in the community vs an outsider with no skin in the game and allowing public input in decision making vs having lawyers control the process totally. I vote for allowing involved community volunteers to make decisions based on law WITH citizen input. IMHO you consistently will get far better results and a far better community to work, play and live in.
Skunky
Amazing when I look back at the money spent on District 5, by both candidates.
Money well spent by Puppet Tony's handlers. Who do you think wants the public input silenced?!
Beach Fanatic
Money well spent by Puppet Tony's handlers. Who do you think wants the public input silenced?!Although I can see both sides of this issue better than before, because of what Danny Glidewell has posted, and may even agree with him to a degree on a few of his points I suppose I still find it amazing that in other places this works, or seems to work. That said I believe I will bow out of this conversation, because like many if you aren't on the side of the group you are on the wrong side. Thanks Danny and Bob for reasonable articulated responses.
Beach Fanatic
Bob Wells, thank you for asking questions and participating. One thing I have always found true is that a good discussion of issues helps you firm up your beliefs and research the points behind those beliefs. And honestly, sometimes you discover you are wrong or your positions are not well thought out. We all live and learn.
Beach Fanatic
Very important information regarding this proposal by Commissioner Anderson on a Special Magistrate. Personally, I see no good that can come of this. More than ever the Citizens of Walton county need a voice in all issues regarding development decisions that affect our long term quality of life and property values. Creating a Special Magistrate would effectively silence our voice in matters of major significance to our lives here in Walton County and place development decisions in the hands of one person. A very wise person told me once, Dave, it's the difference between short term greed and long term greed." We should all be greedy for decisions and planning that will ensure the long term financial value of our communities, our property and the value of ensuring the character of our community is preserved. Short term greed facilitated by whatever means seems to be the process at work whenever possible in Walton County. Growth is important and essential but development that enhances and is compatible to our community should not be compromised in any way. Our infrastructure must be considered as well when it comes to decisions that would allow more density in an already over taxed infrastructure. Already special interests are influencing our County far too much. So what will it be? Short term Greed prevails again? Let's hope not for the sake of our Community and for our Children and Grand Children. Will they even want to live here when they grow up?
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