What Happens To Public Input If The County Adopts A Special Magistrate

[Bob Hudson]

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

 

[Danny Glidewell]

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.

 

[Bob Wells]

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?

 

[Bob Wells]

Here is an article from Stetson University relating to a Special Magistrate and Seminole Countys Special Magistrate Ordinance.

 

[Bob Hudson]

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.

 

[Danny Glidewell]

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.

 

[Bob Wells]

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.

 

[Kaydence]

VOTE for C. Jones again! It will only get worse.

 

[John G]

A Government that looks to silence the people is a Government to be Feared.

 

[Bob Wells]

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.