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2017 Op. Fla. Att'y Gen. 1 (2017)

handle is hein.sag/sagfl0100 and id is 1 raw text is: 



                       Florida  Attorney   General

                       Advisory Legal Opinion

Number: AGO 2017-01
Date: March 9, 2017
Subject: Special Magistrate Code Enforcement Hearings





March 9, 2017

Mr. Lonnie N. Groot
1001 Heathrow Park Lane
Suite 4001
Lake Mary, Florida 32746

RE: GOVERNMENT IN THE SUNSHINE LAW-SPECIAL MAGISTRATE CODE ENFORCEMENT
HEARINGS-inapplicability of Sunshine Law requirement that public be given
reasonable opportunity to be heard at quasi-judicial Code Enforcement
hearings conducted by Special Magistrate; requirement that outcomes of
such hearings be presented at public hearing conducted by Special
Magistrate. s. 286.0114, Fla. Stat. (2016), and s. 162.07(4), Fla. Stat.
(2016).

Dear Mr. Groot:

You have requested an opinion addressing these matters:

1. You ask whether section 286.0114, Florida Statutes, requires that
members of the public be given a reasonable opportunity to be heard at
hearings you hold as a special magistrate pursuant to authority delegated
from the Seminole County code enforcement board;

2. As a follow-up to a prior informal opinion from this office,[1] you ask
whether section 162.07(4), Florida Statutes (providing that the [special
magistrate] shall issue an order affording the proper relief consistent
with powers granted herein) requires that you announce the order in
public at a subsequent public hearing instead of merely issu[ing] a
written order[.]

In sum:

1. Section 286.0114, Florida Statutes, does not require that members of
the public be given a reasonable opportunity to be heard at quasi-judicial
code enforcement hearings held by a special magistrate pursuant to
authority delegated from the county code enforcement board.

2. Section 162.07(4), Florida Statutes, contemplates that the outcomes of
such code enforcement hearings will be presented at a public hearing
conducted by the special magistrate.

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