Special Magistrate Services for Code Enforcement

Special Magistrate Scope of Service:

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;

• 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)

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.

Please see the Request for Letters of Interest for more information.