§ 34-94. Special magistrate proceedings under the Florida Land Use and Environmental Dispute Resolution Act (F.S. § 70.51).

(a)

Special magistrate proceedings. Special magistrate proceedings may be requested by landowners who believe that action on a development order or enforcement of this code is unreasonable or unfairly burdens the use of their property. Special magistrate proceedings are a non-judicial approach to resolving land use disputes and will be conducted in accordance with state law and any administrative codes designated for that purpose.

(b)

Implementation of special magistrate recommendation. If the town council elects to adopt the recommendation of any duly-appointed special magistrate, the landowner will not be required to duplicate processes in which the owner previously has participated in to effectuate the recommendation.

(c)

Modification of special magistrate recommendation. The town council may elect to modify a special magistrate's recommendation and implement it by development agreement, where applicable, or by other method in the ordinary course and consistent with the town's rules and procedures, so long as it does not require the duplication of processes in which the owner has participated in to effectuate the council's will.

(d)

Waiver of procedural requirements. In order to implement the recommendation of a special magistrate, or a modification of that recommendation, the town council has the authority to waive any or all procedural requirements contained in town ordinances or administrative codes and to directly exercise all authority otherwise delegated to the local planning agency, the town manager or designees, or any other part of town government.