Special Magistrate Vested Rights Procedures

1. Applications will be filed with the Clerk to the Special Magistrate (SM). The rules for filing a Vested Rights application are in Ordinance No. 04-37, Section 62-507, (3) which states the application shall contain the following information:
1. The name, address and telephone number of the person making the appeal.
2. The names of the owners of the affected parcel.
3. The citation of the specific provision or provisions, if any, of applicable ordinances, the comprehensive plan or of article X of this chapter to which the administrative decision or interpretation is related and from which the appeal or claim results.
4. A copy of the written request for an administrative decision or interpretation, if any, and the written action describing the nature of the decision or interpretation giving rise to the appeal or claim. Either the written action or the application shall include the name of the administrative officer who made the decision or interpretation and the date of the decision or interpretation. As to interpretations of the county comprehensive plan, decisions of the county manager or designee, shall be appealable. As to the regulations contained in article X of this chapter, the decisions of the county manager or designee shall be appealable.
5. A sworn statement from the aggrieved party or property owner describing the basis of the appeal or claim. The sworn statement shall be accompanied by copies of any contracts, letters, appraisals, reports or any other documents, items or things upon which the Applicant’s claim is based. A list of the names and addresses of any witnesses which the applicant proposes to present in support of the claim and a summary of the testimony of each witness is also required. Supplemental or newly discovered evidentiary or documentary support for a claim may be filed until seven days before any scheduled meeting or hearing at which the claim or appeal will be considered.
2. A copy of the application will be promptly distributed to the SM and the Department involved. Prior to filing the application, the Applicant must pay the filing fee to the Department. Proof of payment shall be provided to the Clerk at the time of filing.
3. The Clerk will keep the official file and the record and serve as the liaison between the SM and the Department and the SM and the Applicant. The Applicant and the Department do not need to communicate through the Clerk. However, since the Clerk will be the custodian of the official file, copies of written communication with the Applicant should be forwarded to the Clerk.
4. The Clerk will schedule the hearing, book the room, handle the advertisement with the newspaper, prepare agenda and issue a notice of hearing to the SM, Applicant and Department. Vested Rights hearings will be scheduled on the same morning as the Contractor Licensing SM Hearings, which are every third Wednesday. The Clerk may contact the parties to estimate how long the hearing is expected to last.
5. The Department will issue a written response to the application prior to the hearing.
6. At the hearing, be prepared to provide documents, photographs, witness testimony or any other evidence to support your application.
7. After the hearing, the SM has 45 days to submit proposed findings of fact and recommended order to the Clerk. Both the Department and the Applicant have the opportunity to submit their proposed findings and recommendations to the SM. A copy of the minutes and record are generally available two weeks after the hearing. Copies will be provided upon request pursuant to BCC-30.
8. After the SM has issued written recommendations, communication with the individual BOCC members, by either the Department involved or the Applicant, is considered ex parte and must be disclosed and made part of the record at the Board's public meeting.
9. The Clerk will schedule the SM's proposed findings for the Board's consideration at a public meeting. No new evidence will be considered at the Board meeting. The Board will make a determination, based on the record created at the SM hearing, whether to deny, accept, or accept with conditions, the proposed findings and recommendation. Should any new evidentiary issues arise at the BOCC meeting, those limited issues will be sent back to the SM for further testimony.
10. A written determination of the Board’s decision will be provided by the Clerk.

Nazeefa Jameer Clerk to the Special Magistrate
Brevard County Government Center
2725 Judge Fran Jamieson Way
Building C, Suite 303
Viera, FL 32940
Phone: (321) 633-2082/ fax 637-5459

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