§ 2-25-35. Special master.

(a)

Special master qualifications and restrictions. The county attorney, after discussions with the board and staff when time allows, shall select at least three (3) possible special masters from a list of acceptable special masters for submittal to claimant. Proposed special masters shall qualify as such under the act.

(b)

Special master selection.

(1)

Selection from pre-approved listing.

a.

Unless a party objects in writing to the county attorney to a special master provided by the county, within three (3) days of receipt, those special masters not objected to are deemed acceptable to the parties. The county will select one of them as the special master to consider the request for relief.

b.

If the property owner objects to all of the persons on the approved special master list, the county shall be allowed additional time to secure a mutually acceptable special master, and the county shall begin the selection process over with a new list of proposed special masters.

(2)

If there is no agreement among the parties after following the procedure in subsection (1)a. and b. above:

a.

Each party may select one person qualified as a special master who, together, shall select a candidate. If the parties cannot agree on the candidate, the special master shall be randomly selected by the Florida Growth Management Conflict Resolution Consortium (consortium) from a list of qualified candidates maintained by them for that purpose. If possible, the consortium shall select a special master who works within a seventy-five-mile radius of Bradenton, Florida. The parties shall not unreasonably refuse to abide by the choice of special master by the consortium.

(3)

Where the county or another governmental unit has been joined by a special master pursuant to Section 70.51(11), Florida Statutes, the county or other governmental unit shall not unreasonably refuse to abide by the choice of a special master by the original parties.

(c)

[ Agreement. ] In order to promote a non-adversarial dispute resolution proceeding, the parties should enter into an agreement with the special master which provides for the following:

(1)

Agreement by special master that the special master shall not be called as a witness in any related subsequent or concurrent judicial or administrative proceeding.

(2)

Agreement by parties that special master's recommendation and related materials are inadmissible in any related subsequent or concurrent judicial proceeding except to the extent that a certificate of completion of the process will be available to certify that the dispute resolution process has been completed.

(3)

The special master may not be called to appear before the board or any administrative or judicial tribunal with respect to the written recommendation or any aspect of the proceeding, nor may the special master voluntarily furnish notes or other related material.

(4)

The special master may not have ex parte communications with parties or others regarding any aspect of the proceeding without the permission of all parties.

(d)

[ Billing. ] The special master may require in any agreement that the parties, where not otherwise prohibited by law, provide a deposit of funds to secure payment of the special master's fees and expenses. Further, the special master may bill the parties on a regular basis with billing being no more frequently than on a monthly basis.

(Ord. No. 96-32, § 6, 6-4-96)