§ 2-120. Establishing a special magistrate.

(a)

The qualifications and appointment of the special magistrate shall be as follows:

(1)

The special magistrate shall be appointed by the city commission and shall serve with compensation as established by the city commission upon appointment. The city commission may appoint one (1) or more special magistrates. The special magistrate shall service at the pleasure of the city commission.

(2)

The special magistrate must be both an attorney and a member of the Florida Bar for a minimum of five (5) years.

(3)

The special magistrate will be bound by the Code of Judicial Conduct as currently prescribed or as amended from time to time.

(b)

Consistent with the authority granted by F.S. § 162.08, the special magistrate shall have the power to:

(1)

Adopt rules for the conduct of hearings.

(2)

Subpoena alleged violators and witnesses to hearings. Subpoenas may be served by city police officers or the sheriff.

(3)

Subpoena evidence to its hearings.

(4)

Take testimony under oath.

(5)

Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.

(6)

Impose fines and order other such relief as provided for in section 2-124 below.

(7)

Award to the city all costs of prosecuting a case when a violation is found.

(8)

Reduce a fine imposed pursuant to section 2-124 below.

(Ord. No. 290-A, § 2, 2-8-94; Ord. No. 290-00-A, § 2, 8-8-00; Ord. No. 290-05-A, § 5, 8-9-05)