§ 2-25-40. Conduct of the dispute resolution proceeding.

(a)

Generally.

(1)

In all respects, the hearing shall be informal and open to attendance by the public. The hearing shall operate at the direction and under the supervision of the special master. The object of the hearing is to focus attention on the impact of the governmental action giving rise to the request and to explore alternatives for relief.

(2)

The special master shall act as a facilitator or mediator between the parties in an effort to effect a mutually acceptable solution. If an acceptable solution is not reached through the special master's attempt at mediation, the special master shall consider the facts and circumstances set forth in the request and any responses and any other information produced at the hearing in order to determine whether the action by the government entities is unreasonable or unfairly burdens the real property.

(3)

The special master may call and question witnesses as the master deems necessary and appropriate. The special master shall decide all questions of procedure. The special master's recommendation is a public record under Chapter 119, Florida Statutes.

(b)

Types of sessions. The dispute resolution proceeding may consist of testimony sessions, facilitation sessions, or any combination of those or any form of information gathering and sharing that the special master deems appropriate under the circumstances. With that proviso, what follows is a general outline of a process which is not binding on the special master.

(1)

Testimony sessions. Testimony sessions are intended to present the facts and positions of all parties, and, to the extent appropriate, all participants and others. The order of presentation at the testimony sessions shall be as follows:

a.

Applicant and witnesses.

b.

County's response to the application, including staff and other appropriate witnesses, as necessary.

c.

Other governmental parties and witnesses.

d.

The special master may afford participants and other members of the public an opportunity to address the impacts of any proposed alternatives, variances, or other types of adjustments on their substantial interests.

e.

Summation of applicant.

f.

Summation of the county and other governmental parties.

Each party shall be limited to a total of one hour to present its case and five (5) minutes for summation, provided that for good cause shown, the special master may grant additional time. All others shall be limited to a total of five (5) minutes to make their presentation, provided that for good cause shown, the special master may grant additional time.

(2)

Facilitation sessions. The object of the facilitation sessions is to focus attention on the impact of the governmental action giving rise to the request and to explore alternatives for relief that are consistent with the public interests. The discussions shall operate at the direction and under the supervision of the special master. The special master may afford participants and other members of the public an opportunity to address the impacts of any proposed alternatives, variances, or other types of adjustments on their substantial interests.

(3)

Any time after commencement of the presentation of evidence in a testimony session, the special master may recess the hearing and presentation of evidence to recommence a facilitation session.

(4)

Any part of the evidence may be received in written form, and all testimony shall be under oath.

(c)

Additional powers of special master. In addition to the powers described above, the special master shall have the following powers and duties with respect to such cases:

(1)

To receive stipulations of fact, agreed to in writing, by the parties. Such stipulations, if filed, shall be regarded and used as evidence at such public hearing. A special master, nevertheless, may require such additional evidence as the master may deem necessary. However, a special master shall not become an advocate for any party.

(2)

To accept in lieu of originals, true copies of such documentary evidence as may be offered.

(3)

To request printed or written briefs to be filed on behalf of any of the participants in such hearings. Such briefs shall contain an abstract of the evidence and also the arguments relied on by the participant filing the same. Briefs, when requested, shall be prepared and filed with the special master within such time or times, and under such regulations, as to service of copies thereof upon the other participants, as the special master may prescribe. The above-referenced request shall be filed on forms available from the planning department.

(4)

To dispose of procedural requests or similar matters including motions to modify and motions to consolidate applications.

(5)

To call, examine and cross-examine witnesses and to introduce into the record all relevant evidence.

(6)

To keep a record of all persons requesting notice of the decision in each case.

(7)

To receive oral testimony presented by all interested individuals.

(8)

To exclude all irrelevant, immaterial and repetitive testimony and evidence.

(9)

To subpoena any non-party witness in the state whom the special master believes will aid in the disposition of the request for relief.

(10)

To visit the property which is the subject matter of the application.

(d)

Offer to compromise. At any time during the dispute resolution proceeding, a party may submit an offer of compromise.

(e)

Settlement.

(1)

At any time during the dispute resolution proceeding, any of the parties may enter into a settlement agreement or other agreement as to the permissible use of the owner's land.

(2)

A settlement agreement or other agreement as to the permissible use of the owner's land may be executed by property owner or the party representative with authority to recommend a settlement directly to the board, subject to approval by the board. Any settlement agreement shall not be binding on any party until approved by all parties, including the board.

(3)

Without limitation, relief may be in the form of exceptions and variances from the applicable ordinances. Such recommendation shall be analyzed to determine if the conditions under which it is granted are consistent with the purpose and intent of the subject regulations and the applicable comprehensive plan. Any relief granted shall address the appropriateness of relief, allowing the county [to] fashion that form of relief necessary to equitably address the legitimate concerns of the property owner while at the same time protecting the legitimate interests of the citizens of the county. Such decisions shall be guided by the criteria established in the act.

(4)

Where such settlement or other agreement has been entered into, the special master shall not thereafter render a recommendation on those matters covered by the agreement.

(Ord. No. 96-32, § 11, 6-4-96)