LOI C006447- Special Magistrate Services.pdf

Request for Letters of Interest

Issue Date: September 8, 2023

Bid # C006447

Title: SPECIAL MAGISTRATE SERVICES

Contact: Andrea Osinski, Sr. Procurement Analyst aosinski@rcid.org | 689-254-4346 Central Florida Tourism Oversight District

SECTION 1. GENERAL INFORMATION

1.1 The Central Florida Tourism Oversight District is issuing this solicitation for the services of a Special Magistrate to oversee and adjudicate code enforcement cases.

1.2 The Central Florida Tourism Oversight District is a special district established in 1967 in accordance to Florida State Statutes. The District’s property consists 38.5 square miles of land located in Orange and Osceola County.

1.3 The District requests qualified individuals to submit letters of interest and qualifications for consideration in selection of this solicitation.

1.4 All terms and conditions of this request, any addenda, proposer’s submissions and future negotiated terms are incorporated into the contract by reference as set forth herein.

1.5 All dates and information contained herein may be extended, changed, or updated. Proposers are responsible for verifying all information before submitting a response to the LOI.

1.6 ANTI-LOBBYING: Any bidder/proposer violating anti-lobbying in Section 6 will have their proposal rejected and will not be considered further.

1.7 ANTI-COLLUSION STATEMENT/PUBLIC DOMAIN: Proposer shall not divulge, discuss, or compare this Letter of Interest with any other proposer or collude with any other proposer in the preparation of this response in order to gain an unfair advantage in the award of this contract. By submitting a response, Proposer acknowledges all information contained herein is part of the public domain as defined in the Public Records Act, Chapter 119, F.S.

mailto:aosinski@rcid.org

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SECTION 2. TIME SCHEDULE

2.1 The District will attempt to use the following time schedule which will result in selection of a proposer.

Description Date

All written questions and inquiries are due by 5:00 PM EST September 29, 2023

Proposals due by or before 2:00 PM EST October 6, 2023

Evaluation Committee Meeting To Be Scheduled

Shortlisted Firms- Interviews/Presentations To Be Scheduled, if necessary NOTE: These dates are estimated dates only and subject to change.

2.2 The District will receive submittals until the time and date cited in Section 2.1. Only submittals received by email by the correct time and date will be recorded.

SECTION 3. INSTRUCTIONS TO RESPONDING FIRMS

3.1 All Letters of Interest must be electronically submitted by or before 2:00 PM, on the listing end date.

3.2 Proposals may not be submitted by any other means other than as described in Section 3.1. The District will not accept proposals sent by U.S. Mail, private couriers, or fax.

3.3 Any Letters of Interest received after the stated time and date will not be considered.

3.4 Some or all of the responding firms may be requested to provide written or oral technical proposals, or both, for the ranking process. After the ranking of the proposers, the contract fee will be negotiated in accordance with Florida Statutes. Negotiations with the selected consultant firm will be determined by the number of staff hours appropriate per task. Approved loaded billing rates will be applied against the total staff hours negotiated to determine the final consultant fee, plus expenses when applicable. Funding on all projects is subject to approval.

3.5 The proposer is required to carefully examine the Scope of Services and to become thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowance will be made due to lack of knowledge of these conditions.

3.6 Letters of Interest not conforming to the instructions provided herein will be subject to disqualification at the sole option of the District.

SECTION 4. AWARD

4.1 The District reserves the right to accept or reject any or all letters.

4.2 The resulting contract will be for an initial term of 3 years, with one, three year renewal option.

4.3 The District reserves the right to waive any irregularities and technicalities and may, at its sole discretion, request a clarification or other information to evaluate any or all letters.

4.4 The District will negotiate an agreement with the highest ranked proposer, or proposers, if the committee feels that more than one proposer is highly qualified. If an agreement cannot be reached with the highest rated proposer, the District reserves the right to negotiate with the next highest proposer (or subsequent proposers) until an agreement is reached.

4.5 The District reserves the right, prior to final award, to cancel or terminate this LOI, any negotiations, or the proposed agreement, without penalty.

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SECTION 5. INQUIRIES

5.1 Any and all questions must be submitted to the listed procurement official by email. Responses will be made through email.

5.2 If necessary, an addendum will be provided.

5.3 No verbal or written information which is obtained other than by information in this document or by addendum to this request will be binding on the District.

SECTION 6. LOBBYING AND PROPOSER CONTACT

6.1 PROPOSERS ARE HEREBY ADVISED THAT CONTACT IS NOT PERMITTED WITH ANY DISTRICT PERSONNEL OR BOARD MEMBER RELATED TO OR INVOLVED WITH THIS REQUEST. PROPOSERS ARE RESTRICTED FROM DISCUSSING THEIR SUBMITTALS AND THIS LOI WITH COMPETING FIRMS UNDER THIS LOI. ALL ORAL OR WRITTEN INQUIRIES MUST BE DIRECTED THROUGH THE ASSIGNED PROCUREMENT PERSONNEL.

6.2 LOBBYING IS DEFINED AS ANY ACTION TAKEN BY AN INDIVIDUAL, FIRM, ASSOCIATION, JOINT VENTURE, PARTNERSHIP, SYNDICATE, CORPORATION, AND ALL OTHER GROUPS WHO SEEK TO INFLUENCE THE GOVERNMENTAL DECISION OF A DISTRICT COUNCIL MEMBER OR ANY DISTRICT PERSONNEL AFTER ADVERTISEMENT AND PRIOR TO THE DISTRICT COUNCIL VOTE ON THE AWARD OF THIS CONTRACT.

CONTACT WITH OTHER SUBMITTING PROPOSERS IS RESTRICTED AFTER ADVERTISEMENT AND PRIOR TO

THE DISTRICT COUNCIL VOTE ON THE AWARD OF THIS CONTRACT.

6.3 ANY PROPOSER OR ANY INDIVIDUALS THAT LOBBY ON BEHALF OF PROPOSER OR INTERACT WITH OTHER PROPOSERS AS DESCRIBED IN 6.1 AND 6.2 DURING THE TIME SPECIFIED WILL RESULT IN REJECTION/

DISQUALIFICATION OF THEIR PROPOSAL UNDER SAID REQUEST FOR PROPOSALS.

SECTION 8. PREPARATION AND SUBMISSION

8.1 Well rated submittals will demonstrate a good grasp of the District’s needs and project intent.

8.2 The Proposer’s Letter of Interest shall be no more than four (4) pages, excluding front covers, required statements and forms, qualification letters, resumes, and certificates.

8.3 Letters of Interests failing to provide sufficient information and assurances of performance to accurately assess the required services which fail to comply with the requirements and conditions of the Letter of Interest will not be given further consideration.

8.4 At a minimum, the Letter of Interest shall include the following sections:

A. Proposer Information and Contact: Name of the proposing individual or firm, address, telephone, email address and taxpayer ID number.

B. Qualifications and Experience: Provide qualifications, resume, and experience for these services.

Emphasize the specific qualifications and experience from projects similar to the scope of services.

C. Project Understanding: This section should convey a clear understanding of the nature of the services your firm will provide.

D. References: Submit a minimum of two (2) letters of reference. Letters must include names, titles, email addresses, and telephone numbers.

E. Additional Relevant Information: Include any other information your firm believes to be relevant.

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SECTION 9. PROPOSAL EVALUATION PROCESS

9.1 The Selection Committee will be comprised of a minimum of three (3) members from various and appropriate District departments.

9.2 All Letters received by the submission deadline will be reviewed by the District’s Procurement Department for responsiveness. Letters will be distributed to the Selection Committee members for review.

9.3 The committee members will independently score and rank each responsive letter received in accordance with the evaluation criteria in Section 10.1 below. During the Selection Committee meeting, the committee members will review the Letters of Interest and will submit their individual rankings of all letters to the Buyer for compilation of the overall ranking to determine a shortlist, if necessary. Dates will be set for conducting interviews or presentations with shortlisted firms, and notification will be sent by e-mail and/or telephone of their assigned date and time by Procurement staff.

9.4 The Selection Committee may interview shortlisted proposers before recommendation of award and of the negotiated agreement.

9.5 The Selection Committee will assign ratings in the evaluation and recommendation process in accordance with the evaluation criteria listed in Evaluation Criteria, Section 10.1.

9.6 The Selection Committee shall negotiate further terms and conditions of an agreement, including the fee with the highest ranked proposer. If the Selection Committee cannot reach a mutually beneficial agreement with the first selected proposer, the Committee reserves the right to enter into negotiations with the next highest ranked proposer and continue this process until an agreement is reached or the District decides to terminate this LOI.

9.7 The District has the option to award or reject any or all proposers or contracts resulting from this Request for Letters of Interest.

SECTION 10. EVALUATION CRITERIA

10.1 The Selection Committee shall rank all letters received, by numerical rating, which meet the submittal requirements. The following factors will be considered in ranking the responsive letters received:

Qualifications/Experience Weight 50%

• Demonstrate depth of experience working with code enforcement issues, enforcing rules, taking testimony, assessing penalties, drafting orders, and other various tasks in support of code enforcement special magistrate duties.

Project Understanding/Approach Weight 30%

• Demonstrate clear understanding of the nature of the work.

• Defined approach for providing services outlined in the scope.

References Weight 20%

• Submit two (2) letters of reference relative to the tasks outlined in Exhibit A – Scope of Services.

SECTION 11. CONFLICT OF INTEREST

11.1 All firms must list all and any affiliations they have with other firms.

11.2 The award hereunder is subject to the provisions of Chapter 112, Florida Statutes, as amended, governing conflict of interest. All proposers must disclose with each proposal the name of any officer, director or agent who is also a public or District employee. Further, all Proposers must disclose the name of any public employee who owns directly or indirectly an interest of five percent (5%) or more in the proposer's firm or

LOI# C006447: Special Magistrate Services Page 5 of 7 any of its branches. District employees, appointed persons, and elected officials (herein referred to as "employees") may engage in outside activities and hold financial interests subject to the requirements of District regulations, state law, and federal regulations and law, if applicable. Every employee who is an officer, director, agent, employee, or owner of a substantial interest in any business entity which does or anticipates doing business with the District ("District") must complete an "Officer and Employee Disclosure Statement" and file the statement with the required procurement documents submitted to the respective procurement staff member. A statement must be submitted with every procurement response if the proposer has a disclosure to document. This statement is available at: Conflict of Interest Statement- CFTOD (hightail.com)

SECTION 12. INSURANCE REQUIREMENTS

12.1 Additional Insured: The District shall be added to all third party coverage required by and provided for this contract as an "ADDITIONAL INSURED".

12.2 Insurance Details:

A. Proof of the following insurance must be furnished by proposer to the District evidenced by a Certificate of Insurance. All insurance must be issued by a company or companies approved by the District.

B. Original Certificates of Insurance meeting the specific required provision specified within this contract shall be forwarded to the District Procurement Department, 1900 Hotel Plaza Blvd, Lake Buena Vista, FL 32830 and approved prior to the start of any work or the possession of any District property. Renewal certificates must also be forwarded to the Procurement Department prior to the policy expiration.

C. Thirty (30) days written notice must be provided to the District in the event of cancellation.

D. Proposer shall provide complete copies of any insurance policy within seven (7) days of requests made by the District.

12.3 COMMERCIAL GENERAL LIABILITY INSURANCE. Consultant shall procure and maintain, for the life of this Agreement, commercial general liability insurance with minimum coverage limits not less than:

A. One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate limit for bodily injury, property damage, and personal and advertising injury; and

B. One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate limit for products and completed operations.

C. Coverage for contractual liability is also required.

D. District, a political subdivision of the State of Florida, and its officials, employees, and volunteers shall be covered as an additional insured with a CG 20 26 04 13 Additional Insured – Designated Person or Organization Endorsement or similar endorsement providing equal or broader Additional Insured Coverage regarding liability arising out of activities performed by or on behalf of Consultant. The coverage shall contain no special limitation on the scope of protection afforded to District, its officials, employees, or volunteers.

12.4 COMMERCIAL AUTO LIABILITY INSURANCE. Consultant shall procure and maintain, for the life of this Agreement, commercial auto liability insurance covering all automobiles owned, non-owned, hired, and scheduled by Consultant with a combined limit of not less than One Million Dollars ($1,000,000) for bodily injury and property damage for each accident. Consultant shall name District as an additional insured under the insurance policy.

12.5 WORKERS’ COMPENSATION: Proposer must comply with FSS 440, Workers’ Compensation and Employees’ Liability Insurance as follows:

Part One: “Statutory” https://spaces.hightail.com/space/ZuQIxa4trE https://spaces.hightail.com/space/ZuQIxa4trE

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Part Two: $1,000,000 Each Accident

$1,000,000 Disease- Policy Limit

$1,000,000 Disease- Each Employee

12.6 PROFESSIONAL LIABILITY. Professional Liability insurance with an occurrence limit of not less than $1,000,000 shall be required from the Consultant on all contracts for Consultant services. It is recognized that this type of insurance is only available on a claims made basis and Additional Insured endorsements are not available. All contracts for such services shall require they the other party maintains this insurance for at least five (5) years beyond the end of the Agreement.

SECTION 13. DISTRICT REQUIRED CLAUSES

13.1 MATERIALS. All materials submitted as response to this LOI shall become the property of the District.

13.2 COST INCURRED IN RESPONDING. All costs directly or indirectly related to Letter of Interest preparation, representation or clarification shall be the sole responsibility of and be borne by the proposer.

13.3 INDULGENCE. Indulgence by the District on any non-compliance by the proposer does not constitute a waiver of any rights under this request.

13.4 STANDARD OF CARE. Consultant shall render the services consistent with the standard of care, skill, and diligence exercised by members of the same profession providing similar services under similar conditions at the locale of the Project, and at the time the services are to be performed. Consultant’s standard of care shall not be altered by the application, interpretation, or construction of any other provision of the Agreement.

13.5 FEDERAL DEBARMENT. By submitting a Letter of Interest, the proposer certifies that no principal (which includes officers, directors, or executives) is presently suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation on this transaction by any Federal Department or Agency.

13.6 PUBLIC ENTITY CRIMES. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a consultant, supplier, subconsultant, or consultant under a contract with any public entity; and may not transact business any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO($35,000) for a period of 36 months following the date of being placed on the convicted vendor list.

13.7 E-VERIFY. The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the contract and shall expressly require any subconsultants performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant during the contract term.

13.8 SUBCONTRACTS. Nothing contained in this specification will be construed as establishing any contractual relationship between any sub-consultant and the District.

A. The proposer will be fully responsible to the District for the acts and omissions of the sub-consultant and their employees.

B. After award of contract, any changes in sub-consultants requires prior District written approval.

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13.9 AGREEMENT. A contract will be released, after award, for any work to be performed as a result of this request. This Request for Letters of Interest, the submitted proposer Letter of Interest, all attachments, and any addendum released, agreement if applicable, and the corresponding contract will constitute the complete agreement between proposer and the District. Should there be any conflict between the terms of this Request, the submitted Letter of Interest, and the terms of the agreement (Contract), the terms of the Contract shall be final and binding. The Request shall control where in conflict with the submitted Letter of Interest. If proposer requires an additional contract, then proposer should include their sample contract as an attachment to the letter submitted for review.

SECTION 14. EXHIBITS

Exhibit A – Scope of Services

Exhibit B – Resolution 642

Exhibit C – Bid Submittal Affidavit

EXHIBIT A - Scope of Services ITB No.: C006447 Project: Special Magistrate

SCOPE OF SERVICES OVERVIEW

SECTION 1. QUALIFICATIONS, SELECTION AND COMPENSATION

Special magistrates shall be members in good standing of the Florida Bar under the rules of the Florida Supreme Court. Special magistrates may not hold any other appointive or elective office while serving as special magistrates.

Selection, compensation, and a contract for the special magistrate shall be approved and established by a resolution of the Central Florida Tourism Oversight District (“District”) Board of Supervisors.

SECTION 2. TERM AND APPOINTMENT

The resulting contract will be for an initial term of three years, with an optional three-year renewal.

Special magistrate will be required to be available to serve once per month minimum at 1900 Hotel Plaza Boulevard, Lake Buena Vista, Florida 32830 on the 1st Wednesday of the month starting at 9:00 AM.

Special magistrate service may not be required every month, and can be subject to demand. The District reserves the right to reschedule the hearing dates and times as determined necessary.

SECTION 3. SPECIAL MAGISTRATE RESPONSIBILITIES AND AUTHORITY

The Central Florida Tourism Oversight District (“District”) exists pursuant its enabling act codified at Chapter 2023-5, Laws of Florida beginning effective on February 27, 2023 (the “Charter”). The Charter authorizes the Board of Supervisors to adopt administrative rules and processes, as well as appoint boards, committees, and personnel to act on behalf of the District to enforce governing regulations, rules, and codes as adopted by the District.

Special magistrates are authorized to hear and decide District Enforcement Citation Program cases involving violations of governing resolution, regulation, rule, and code.

Special magistrates shall have the authority to pursuant to District Resolution No. 642 to hold appeal hearings and confirm, overturn or modify determinations of violations and fines made by District enforcement officers against alleged violators of the District's governing regulations, rules, and codes as designated by resolution(s) and associated policies, specifically calling for appeal or adjudication by a special magistrate or to hear appeals as set forth in governing codes, regulations, ordinances, and applicable restrictions. This includes all the powers designated to the enforcement officers, including the authority to impose fines and liens and to order foreclosure of liens, granted by statute and ordinance.

Special magistrates have the power to:

• Adopt rules for the conduct of hearings;

• Subpoena alleged violators and witnesses for hearings. Subpoenas shall be served by deputies of the Orange County Sheriff Department, or others authorized to serve process;

• Subpoena evidence to hearings;

• Take testimony under oath;

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• Assess and order the payment of civil penalties as provided in Resolution 642; and

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

The special magistrate must follow and comply with the processes, procedures and policies governing the Enforcement Citation Program and duties of the special magistrate described in the Central Florida Tourism Oversight District’s applicable resolutions. The special magistrate is expected to comply with all state and federal governing laws.

SECTION 4. JURISDICTION

CFTOD Resolution No. 642 2018 EPCOT Building Code 2018 EPCOT Accessibility Code for Building Construction 2018 EPCOT Electrical Code 2018 EPCOT Energy Efficiency Code for Building Construction 2018 EPCOT Fuel Gas Code 2018 EPCOT Plumbing Code 2018 EPCOT Mechanical Code Florida Fire Prevention Code 7th Edition CFTOD (RCID) Regulations and Policies Florida Administrative Code (as incorporated into District regulations, rules, and codes) Florida State Statutes (as incorporated into District regulations, rules, and codes)

Exhibit B – Resolution No. 642

LOI No.: C006447 Project: Special Magistrate Services

RESOLUTION No. 642

RESOLUTION NO. 642

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CENTRAL FLORIDA TOURISM

OVERSIGHT DISTRICT CREATING THE ENFORCEMENT CITATION PROGRAM, A SPECIAL

MAGISTRATE POSITION AND APPEAL PROCEDURES; PROVIDING FOR SEVERABILITY,

CONFLICTS AND AN EFFECTIVE DATE.

WHEREAS, the Central Florida Tourism Oversight District (“District”) exists pursuant its enabling act codified at Chapter 2023-5, Laws of Florida becoming effective on February 27, 2023 (the “Charter”); and

WHEREAS, Section 7(2) of the Charter authorizes the Board of Supervisors to “adopt administrative rules and regulations with respect to the conduct of the business of the district” and “any of the projects of the district, on proper notice and public hearing”; and

WHEREAS, Section 7 (6) of the Charter authorizes the Board of Supervisors to “Establish and create such departments, boards, committees, or other entities as from time to time the board deems necessary, or that are otherwise authorized by general law or this act”; and

WHEREAS, Section 23(4) of the Charter authorizes the Board of Supervisors to “adopt, amend, supplement, or repeal codes regulating building safety…the operation of amusement and recreation parks and facilities…and such other safety or sanitary codes as the board of supervisors may determine to be necessary”; and

WHEREAS, Section 23(4)(e) of the Charter authorizes the Board of Supervisors to “Provide for the manner in which such…codes, regulations, and restrictions shall be determined, established, and enforced, and amended, supplemented, changed, or repealed, as the board of supervisors may determine, with notice and public hearing as required by law”; and

WHEREAS, Section 23(10) of the Charter authorizes the Board of Supervisors to adopt regulations “relating to safety, health, sanitation, or building safety,” prescribing “standards at least equivalent to the minimum standards in applicable statewide regulations protecting the general safety and welfare of the public”; and

WHEREAS, Section 13 of the Charter states, “The district shall have the power to exercise any of its rights, powers, privileges, and authorities in any and all portions of the district lying within the

LOI # C006447 Page 2 of 11 boundaries of Orange County, Osceola County, the City of Bay Lake, the City of Lake Buena Vista, and any other municipal corporation or other political subdivision, heretofore or hereafter created or organized, the boundaries of which lie wholly or partly within the geographic limits of the district, to the same extent and in the same manner as in areas of the district not incorporated as part of a county, municipality, or other political subdivision”; and

WHEREAS, Section 62 of the Charter States in part, “Enforcement and penalties (1) The board of supervisors or any aggrieved person may have recourse to such civil remedies as may be necessary to ensure compliance with the provisions of this act, including injunctive relief to enjoin or restrain any person violating the provisions of this act, and any bylaws, resolutions, regulations, rules, codes, and orders adopted under this act, and the court shall, upon proof of such violation, have the duty to issue forthwith such temporary and permanent injunctions as are necessary to prevent such further violation thereof.”; and

WHEREAS, the Board of Supervisors find and declare that an enforcement citation program is necessary to enforce the District’s resolutions, regulations, rules, codes, and ordinances; and

WHEREAS, the Charter provides for regulations and codes of the District enacted pursuant to power and authority of the District are to be adopted by resolution of the Board of Supervisors upon a single reading and public meeting, with at least ten (10) days’ notice of an intent to adopt such resolution being published; and

WHEREAS, notice of intent to adopt this Resolution was published in the Orlando Sentinel on April 29, 2023 and a public hearing on this Resolution was held on May 10, 2023.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CENTRAL

FLORIDA TOURISM OVERSIGHT DISTRICT, THAT:

SECTION 1. RECITALS. The foregoing recitals are incorporated herein by reference and made a part hereof.

SECTION 2. ENFORCEMENT CITATION PROGRAM. The enforcement citation program is hereby created as follows.

ENFORCEMENT CITATION PROGRAM

Section 1. Authorization.

The District hereby creates a supplemental and additional method of enforcing its resolutions, regulations codes and ordinances by the issuance of citations for violation of District resolutions, regulations, rules, codes, and ordinances. Nothing contained herein shall prohibit District's enforcement by any other means.

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Section 2. Applicable resolutions, regulations, rules, codes, and ordinances.

District resolutions, regulations, rules, codes, and ordinances shall be enforceable by citation in any amount which is determined by the District to be just and proper. There shall be four classes of violations as follows:

Class Fine Amount Class I $75 Class II $150 Class III $250 Class IV $500 Resolutions, regulations, rules, and codes may delineate a specific class of fine. Should the resolution, regulation, rule, or code not delineate a specific class of fine then violation of the resolution, regulation, rule, code or ordinance may be enforced with a Class II fine. Where a chapter or part of a chapter is referenced, all sections within that chapter or part are subject to enforcement by citation. If a section within a referenced chapter has a specific penalty identified therein, that more-specific penalty shall prevail, and such specific penalty does not have to match one of the fine amounts set forth in the four classes above in order to be enforceable. The schedule of District resolutions, regulations, rules, codes, and ordinances shall include, such as they may be from time to time amended, renumbered, codified, or recodified including District resolutions, regulations, rules, codes, and ordinances enacted subsequent to the adoption of this article.

Section 3. Enforcement officers.

(a) The District Administrator is hereby authorized to designate certain employees or agents of the District as "enforcement officers." Enforcement officers so designated shall have the powers and limitations as prescribed herein and by the District Charter.

(b) The training and/or qualifications of enforcement officers shall be established by the human resources division and approved by the District Administrator or the District Administrator's designee.

(c) An enforcement officer may issue a citation alleging a violation of any of the District resolutions, regulations, rules, codes, and ordinances. District resolutions, regulations, rules, codes, and ordinances for which a citation is issued pursuant to this article shall be deemed a civil infraction.

Section 4. Procedures; investigation of violations; issuance of citations.

(a) An enforcement officer is hereby authorized to issue a citation to any person for violation of any District resolutions, regulations, rules, codes, and ordinances when, based upon personal investigation, the enforcement officer has reasonable cause to believe that a violation has occurred.

The word "person" shall extend and be applied to individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations and all other groups and legal entities or combinations thereof.

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(b) Except as provided by subsection (c) below, the enforcement officer shall provide notice to the person that the person has committed a violation of such District resolutions, regulations, rules, codes, and ordinances and may establish a reasonable time period within which the person must correct the violation. This may be done through a written warning notice or any other means. Such time period to correct the violation shall not exceed thirty (30) days. The enforcement officer may in the alternative not provide a reasonable time period to correct the violation and may immediately issue a citation in their absolute discretion.

(c) An enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible.

Every repeat citation issued shall be a continuing violation that imposes a fine for each day until the person contacts the enforcement officer and the enforcement officer determines that the violation has been remedied.

(d) Written warning notices, if applicable, and citations shall be provided to the alleged violator by hand delivery by the enforcement officer. In the absence of the alleged violator, issuance of a written warning notice or citation may be accomplished by leaving a copy at the alleged violator's residence with any person residing therein who is fifteen (15) years of age or older and informing the person of the contents, or by registered or certified mail, return receipt requested.

(e) Issuance of a written warning notice or citation to a business may be accomplished by leaving a copy at the business during regular business hours with any employee and informing the employee of the contents, or by registered or certified mail, return receipt requested. Each employee of the business shall be deemed to be an agent of the business for service of warning notices and citations.

(f) The citation will be in such form as approved by the District Administrator.

(g) Each violation of resolutions, regulations, rules, and codes is a separate civil infraction. Each day such violation continues shall be deemed to constitute a separate civil infraction.

(h) After issuing a citation to an alleged violator, the enforcement officer shall:

(1) Deposit the original citation and one (1) copy of the citation with the district manager;

(2) Provide the person cited with one (1) copy; and

(3) Retain one (1) copy in the enforcement officer's department or division file.

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Section 5. Payment of fines; special magistrate hearings.

(a) If the person elects not to contest the citation, the person shall pay in full the applicable reduced civil penalty as set forth in the citation within fourteen (14) days after issuance of the citation.

(b) If the person cited elects to pay the applicable reduced civil penalty set forth in citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. If the person cited fails to pay the civil penalty by the fourteenth day after issuance of the citation or fails to request a hearing within the time prescribed, the person shall have waived any right to contest the citation, and a judgment shall be entered by the special magistrate against the person cited in an amount up to the maximum civil penalty, which shall not exceed five hundred dollars ($500.00) per infraction or per day.

(c) If the person elects to contest the citation the person shall within fourteen (14) days contact the district manager in writing and request a hearing before the Special Magistrate. The district manager shall schedule a hearing before the Special Magistrate at the next available Special Magistrate hearing, which will not be sooner than 21 days from issuance of the citation.

(d) The Special Magistrate, after a hearing on the citation, shall make a determination whether or not a violation of this article has been committed and remedied. If a violation is found to have occurred and/or not been remedied, the Special Magistrate may impose a civil penalty up to the maximum civil penalty in an amount not to exceed five hundred dollars ($500.00) plus all applicable hearing costs per infraction for every day the infraction continued to exist. If the violation has not been remedied, after a hearing on the citation has occurred, the Special Magistrate may impose a civil penalty up to the maximum civil penalty in an amount not to exceed five hundred dollars ($500.00) plus all applicable hearing costs, per day until the person comes into compliance and requests an enforcement officer to inspect and confirm compliance. The Special Magistrate shall be provided evidence by the District at a hearing and shall rule whether compliance of all ongoing repeat violations has occured.

(e) The Special Magistrate may provide for the civil penalty to be paid within such time as the Special Magistrate determines to be appropriate. If the person found to be in violation fails to pay the fine within the time provided, a civil judgment shall be entered against that person in the amount up to the maximum civil penalty not to exceed five hundred dollars ($500.00) plus applicable hearing costs. The judgement shall be filed with the Clerk of the Court and shall constitute a lien against all property owned by the person, regardless of whether the property was the subject of the violation. The judgement may also be collected in any other way as allowed by law.

(f) Should the person cited schedule a hearing as provided for herein, and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty.

Provided, however, that the special magistrate shall have the discretion to continue or reschedule

LOI # C006447 Page 6 of 11 any hearing when it determines that doing so will further the interest of justice. In such an event, the district shall notify the enforcement officer and the person cited of the date and time of the new hearing.

Section 6. Procedures for payment of civil penalty.

Payment of any civil penalty imposed by this article shall be made to the District. If a judgment has been entered for the civil penalty, and a lien has been filed, upon payment, the District, shall record a satisfaction of lien with the county clerk.

Section 7. Appointment of a Special Magistrate The Board of Supervisors will appoint a Special Magistrate to hear appeals of citations and other matters as assigned by resolution, regulation, rule, and code.

Section 8. Intent.

It is the intent of this article to promote, protect, and improve the health, safety, and welfare of the citizens of the District by creating a special magistrate with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any resolutions, regulations, rules, codes, and ordinances in force in the district, where a pending or repeated violation continues to exist.

Section 9. Office of Special Magistrate Created.

There is hereby created the office of special magistrate. A person appointed as a special magistrate should be a licensed Florida attorney who is not the District General Counsel or an attorney with the District General Counsel’s office.

Section 10. Special Magistrate.

(a) The Board of Supervisors is authorized and hereby provides for the designation of one (1) or more special magistrates for the purposes of conducting administrative hearings regarding alleged violations of resolutions, regulations, rules, and codes and other assigned cases brought by enforcement officers, by resolution.

(b) Special magistrates shall avoid ex parte communications, when identifiable, with any person who is a party to an enforcement proceeding. The foregoing however does not prohibit discussions between the special magistrate and district staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the proceeding. If an ex parte communication occurs between a party and a special magistrate, the special magistrate shall disclose, and make a part of the record, the subject of the communication and the identity of the person, group, or entity with whom the communication took place, before final action on the matter. Any written communication received by a special magistrate that relates to a pending enforcement proceeding shall be made a part of the record before final action on the matter.

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Section 11. Legal counsel and case presentation.

An enforcement officer inspector and/or a member of the District General Counsel's office or other attorney chosen by the District General Counsel will represent the District by presenting cases before the special magistrate. If the District prevails in prosecuting a case before the special magistrate, it shall be entitled to recover all costs incurred by prosecuting the case before the special magistrate, including, but not limited to, any fees paid to the special magistrate.

Section 12. Jurisdiction.

(a) The special magistrate shall have jurisdiction to hear and decide alleged violations of district resolutions, regulations, rules, codes, and ordinances in force in the district and any other duties assigned by the Board of Supervisors.

(b) The jurisdiction of the special magistrate shall not be exclusive. It is the legislative intent of this article to provide an additional or supplemental means of obtaining compliance with district resolutions, regulations, rules, codes, and ordinances. Nothing contained in this article shall prohibit the Board of Supervisors from enforcing such district resolutions, regulations, rules, codes, and ordinances by any other means. The Board of Supervisors may appoint one (1) or more special magistrates to hear any, or all district resolutions, regulations, rules, codes, and ordinances violations or other assigned duties in accordance with the procedure shown herein or other procedure as adopted by the Board of Supervisors. Any alleged violation of district resolutions, regulations, rules, codes, and ordinances may be pursued by appropriate remedy in court, or as may otherwise be provided by law.

Section 13. Conduct of hearing.

(a) Upon request of the enforcement officer/inspector, or at such other times as may be necessary, the special magistrate may call a hearing of the special magistrate. A hearing also may be called by written notice signed by the special magistrate.

(b) Minutes shall be kept of all hearings by the special magistrate, and all hearings and proceedings shall be open to the public. The Board of Supervisors shall provide clerical and administrative personnel as may be reasonably required by the special magistrate for the proper performance of its duties.

(c) The special magistrate shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The special magistrate shall take testimony from the enforcement officer, alleged violator and any witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(d) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of this state.

The burden of proof shall be upon the District, through its counsel, staff and enforcement officers to show, by a preponderance of the evidence that a violation exists.

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(e) The special magistrate may inquire of any witness before the special magistrate. The alleged violator or his attorney, the enforcement officer/inspector, or member of the District General Counsel’s office shall be permitted to inquire of any witness before the special magistrate and present brief opening and closing statements.

(f) At the conclusion of the hearing, the special magistrate shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order upholding the citation or denying the citation and affording the proper relief consistent with powers granted by this resolution. The order by the special magistrate may include a notice that it must be complied with by a specified date, and that a fine may be imposed, and include a statement that any person aggrieved by the order who was a party below may appeal the order to circuit court. The special magistrate may choose to impose a fine amount which is of a different class than the citation. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors and assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors and assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the special magistrate shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

(g) If the district prevails in a case before the special magistrate, the district shall be entitled to recover all costs incurred in bringing or defending the case before the special magistrate, and such costs may be included in the lien authorized.

Section. 14. Powers of the Special Magistrate.

The special magistrate shall have the power to:

(1) Adopt rules for the conduct of its hearings.

(2) Subpoena alleged violators and witnesses to its hearings.

(3) Subpoenas may be served by the sheriff or any deputy sheriff of the county.

(4) Take testimony under oath.

(5) Hear appeals of citations and issue orders having the force of law upholding or overturning any citation and assessing costs of the hearing and to command whatever steps are necessary to bring a violation into compliance.

(6) Hear any other matters and take whatever action is necessary as assigned by the Board of Supervisors.

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Section. 15. Administrative fines; costs of repair; liens.

(a) (1) A certified copy of an order may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the Board of Supervisors may authorize the District’s attorney to foreclose on the lien. After the suit for foreclosure has been filed, any offer of settlement must be forwarded to the Board of Supervisors must be obtained prior to acceptance of an offer of settlement. No lien created pursuant to the provision of this article may be foreclosed on real property which is a homestead under Fla. Const., Art. X, § 4.

(2) Unless a lien foreclosure suit has been filed by the district, an interested party may request a reduction in a lien imposed by an administrative order of the special magistrate. The request must be submitted in writing, on a form prescribed by the district, to the enforcement division. The Board of Supervisors shall decide whether to approve the request. In deciding whether to approve a lien reduction, the Board of Supervisors shall review the written submission and listen to any corresponding oral presentation by the requesting party. Lien amounts may be reduced in cases in which a violator has come into compliance but due to hardship is unable to pay the full amount necessary to satisfy and release the lien. Lien amounts may also be reduced in cases in which the violator has not come into compliance but there is a contract to sell the property to a purchaser who intends to bring the property into compliance. Any decision to reduce a lien for the benefit of a prospective purchaser must include a timetable for the property to come into compliance and a stipulation acknowledging that liens are not released until all violations are cured and the property is in compliance. In determining a new amount to satisfy a lien, the Board of Supervisors shall recover costs incurred by the district. Enforcement liens are an asset of the district. Accordingly, any decision to reduce a lien is a discretionary decision and does not constitute a final administrative order for purposes of appeal.

Section 16. Duration of lien.

No lien provided under this article shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fees incurred in the foreclosure. The district shall be entitled to all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

Section 17. Enforcement fines account.

All administrative fines and liens collected pursuant to this article shall be deposited in a separate revenue account, which is hereby created and designated as the "enforcement fines account."

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Section 18. Appeals.

An aggrieved party, including the Board of Supervisors, may appeal a final administrative order of the special magistrate to the circuit court. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the special magistrate. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.

Section 19. Notices.

(a) All notices required by this article shall be provided to the alleged violator by certified mail, return receipt requested, provided if such notice is sent under this paragraph to such violators in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the district by such entities and is returned as unclaimed or refused, notice may be provided by posting as described in subparagraphs (b)(2) and by first class mail directed to the…