Local governments have choices of how to enforce compliance with city/county ordinances and laws. Some choose to utilize a board, often made up of citizens. While this system has benefits, it is reliant upon citizen participation and can be liable to popular opinion and even personal grudges. A frequent alternative is a special magistrate. Atlantic, Neptune and Jacksonville beaches each utilize a special magistrate for code enforcement.
The proceedings are quasi-judicial, with some degree of formality, but significantly less than a court proceeding. A decision is rendered and is enforceable and can be appealed. Some participants choose to be represented by an attorney, as all are permitted to do.
Beaches resident and current Circuit Court Judge Jeb Branham was formerly a special magistrate. He has the following to say about the position: “In Florida, cities and counties have the option to appoint a special magistrate instead of using a full code enforcement board to conduct hearings to determine whether a person has violated a local ordinance and what the penalty will be if a violation is found. Code enforcement boards are composed of members of the community, while a special magistrate is usually a lawyer. A special magistrate functions very much like a judge in court. They will usually conduct code enforcement hearings similarly to how judges conduct trials. In my experience, having a special magistrate conduct code enforcement hearing works well for both the city or county and the residents.”
Jacksonville Beach has an active special magistrate docket. With respect to the purpose of the position, City Manager Mike Staffopoulos says: “Our goal at the city is compliance, and not fines or making money. If everyone follows our codes, we will have a community that all residents and business owners can be proud of!” At the central core, the role of the special magistrate is to uphold community standards as adopted by local ordinances and thereby help maintain an attractive city and property values.
Judge John has now served in his position for such a period of time that he is the current longest sitting special magistrate at the Beaches. In my experience, the employees of the several beaches cities do their best to act fairly and in compliance with their city codes. Those of us who do serve as magistrates do so as a form of community service to give back to the beaches that we love so much. We strive to assure that every citizen has a fair opportunity to have their voice heard about the issues before the hearing.
Special magistrate hearings are open to the public (as long as decorum is observed) and are a great opportunity to observe local laws in action at the most basic level of our democracy.
John Miller is the special magistrate for the City of Neptune Beach. His law firm, Rock Solid Law & Title, provides expert guidance in all areas of estate planning, trust & wills, real estate, closings, title & escrow, and small business representation. 904-241-1113.
Do you have any questions of law or customs that are of particular interest to those living the Sand Life on our beautiful island? Please submit them to Judge John for consideration for a future article. john@rocksolidlaw.com
