§ 106-41. Hearing officer.

(a)

Creation and appointment. The board of county commissioners shall appoint one or more hearing officers to hear and consider such matters as may be required under any provision of this article or as may be determined to be appropriate by the board of county commissioners from time to time. Such hearing officers shall serve at the pleasure of the board of county commissioners for such a period as is determined by the board of county commissioners. Such hearing officers shall be compensated at a rate to be determined by the board of county commissioners, which amount shall be reimbursed to the county by the applicant. Whoever shall accept an appointment as a hearing officer shall, for a period of one year from the date of termination as holder of such office, not act as agent or attorney in any proceeding, application or other matter before any decision-making body of the county in any matter involving property that was the subject of a proceeding which was pending during the time he served as a hearing officer, and shall, for a period of one year from the date of termination as holder of such office, not act as agent or attorney in any proceeding, application or other matter before any decision-making body of the county in any matter involving determinations of consistency, exemption determinations, compatibility exceptions, determinations of vested rights, zoning reevaluations, or any other matters which are the subject of this article.

(b)

Minimum qualifications. A hearing officer shall have the following minimum qualifications:

(1)

Be an attorney admitted to practice before the Supreme Court of the State of Florida;

(2)

Have demonstrated knowledge of administrative, environmental and land use law and procedure; and

(3)

Hold no other appointive or elective county public office or position during the period of appointment.

(c)

Duties. A hearing officer shall have the following duties:

(1)

To conduct hearings on such matters as required under this article;

(2)

To conduct hearings on such matters as may be requested by the board of county commissioners;

(3)

To render and issue vested rights determinations applicable to the particular development or property;

(4)

To submit to the board of county commissioners a written report containing a summary of the testimony and evidence given and findings regarding the specific criteria applicable to, and a copy of the vested rights determination issued for, the particular development or property;

(5)

To issue subpoenas to compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at the hearing; and

(6)

To perform such other tasks and duties pursuant to the terms of this article as the board of county commissioners may assign.

(Ord. No. 90-23, § 6)