§ 14.17.00. Procedures For Special Master Proceedings Held Pursuant to Section 70.51, Florida Statutes (1995).

14.17.01 Purpose and Intent.

A.

This Section establishes procedures for the initiation, conduct and conclusion of a special master proceeding under the Florida Land Use and Environmental Dispute Resolution Act involving a development order or enforcement action by the Board of County Commissioners of Lake County, Florida, and all regulating and enforcement boards appointed by the Board of County Commissioners of Lake County, Florida, herein referred to as "County." This proceeding is voluntary for the landowner.

B.

This is a non-adjudicatory settlement and expedited hearing procedure. A special master may not impose a decision but is intended primarily to explore opportunities for compromise and to assist the parties in negotiation. Settlement through the special master process is intended to save time and money for the participants.

C.

If a settlement is not reached, the special master will conduct an independent and impartial assessment of the dispute and prepare a non-binding recommendation.

D.

The special master proceeding is intended to be a speedy, inexpensive, simple and solution-oriented method for settlement of land use and environmental disputes. As much as possible, a landowner and regulator meet face-to-face and discuss issues directly without the need for advocacy by a lawyer.

E.

The special master and the parties should adapt these procedures to the needs of each case, consistent with the requirements of law.

14.17.02 Definitions. For the purposes of this Section, the following words, terms and phrases, when used herein, Shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

A.

"Development" has the meaning given it in Section 380.04, Florida Statutes.

B.

"Development Order" means any order, or notice of proposed state or regional governmental agency action, which is or will have the effect of granting, denying, or granting with conditions an application for a development permit. It includes the rezoning of a specific parcel of land. It does not include actions on an amendment to the local comprehensive plan.

C.

"Development Permit" means:

1.

Any building permit, zoning permit, subdivision approval, certification, special exception, variance, or any other similar action of the County, or

2.

Any other permit authorized to be issued under state law which has the effect of authorizing the development of land including, but not limited to, programs implementing Chapters 125, 161, 163, 166, 187, 258, 372, 373, 378, and 403, Florida Statutes.

D.

"Governmental entity" includes an agency of the state, a regional or a local government created by the State Constitution or by general or special act, any County or municipality, or any other entity that independently exercises governmental authority. The term does not include the United States or any of its agencies.

E.

"Land" or "real property" means land and includes any appurtenances and improvements to the land, including any other relevant real property in which the owner had a relevant interest.

F.

"Owner" means a person with a legal or equitable interest in land who filed an application for a development permit for the land with the County and who received a development order, or who has an interest in land that is the subject of an enforcement action by the County.

G.

"Participant" means:

1.

A person with a legal or equitable interest in land contiguous to the owner's property; or

2.

A substantially affected person who submitted oral or written testimony, sworn or unsworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action in a prior proceeding, including a public hearing.

H.

"Party" or "parties" include the owner, County and any other governmental entity made a party to the proceeding.

I.

"Person" includes individuals, firms, incorporated or unincorporated associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.

J.

"Proposed use of the property" means the proposal filed by the owner to develop or otherwise use the owner's land.

14.17.03 Time Requirements and Furnishing Copies.

A.

Unless the parties agree in writing to extend the time for performing any act under these procedures, including the overall one hundred sixty-five (165) calendar day time period, a special master proceeding may not continue longer than one hundred sixty-five (165) calendar days from the date the owner files the request for relief.

B.

Any copy which must be furnished to the special master, a party or a participant may be sent by regular mail, postage prepaid, or by hand delivery to the recipient's last known address. The burden of proving a copy has been furnished is on the person responsible for furnishing it.

C.

Except for an owner's request for relief, any document which must be submitted, or any copy which must be furnished, may be submitted or furnished by facsimile transmission. Facsimile documents will be deemed submitted or furnished on the date transmitted as shown on the recipient's copy, if the copy is complete.

D.

Filing means that the signed original must be received by the office that is to receive the document by the date specified. Any document received after 5:00 p.m. Shall be filed as of 8:30 a.m. the next regular business day.

14.17.04 Standards of Conduct.

A.

The special master holds a position of trust and should adhere to the highest standards of personal integrity, impartiality and competence. The special master should be honest and unbiased, act in good faith, be diligent and avoid any conflict of interest or the appearance of a conflict of interest. The special master should disclose any facts or circumstances that may give rise to justifiable doubts as to impartiality or independence.

B.

The parties and the special master may establish additional standards of conduct for special master, and standards of conduct for parties and participants, in a special master agreement as authorized herein.

14.17.05 Administrative Appeals and Judicial Review.

A.

A petition by the owner for judicial review of the development order or enforcement action Shall waive all rights to a special master proceeding.

B.

A request for relief through a special master proceeding Shall toll the time for filing a petition for judicial review of the development order or enforcement action.

C.

Invoking the procedures for a special master proceeding is not a pre-condition for judicial review of the development order or enforcement action.

D.

Prior to initiating a special master proceeding, the owner must request review or appeal pursuant to Lake County Code so long as review or appeal takes no longer than four (4) months. The filing of a valid application for review or appeal will toll the time for filing a request for relief.

E.

The owner may initiate a special master proceeding within thirty (30) calendar days after conclusion of the County review or, if the County review has not concluded, within thirty (30) calendar days after four (4) months from its commencement.

14.17.06 Pre-Initiation Meeting.

A.

Prior to filing a request for relief, an owner may request in writing an informal meeting with the County Manager to ascertain whether the issues relating to a development order or enforcement action would be appropriate for a special master proceeding or other form of alternative dispute resolution. The County Manager, or designee, Shall convene such a meeting promptly and include staff necessary to address the owner's concerns.

B.

The County may agree with the owner in writing to extend the time for filing a request for relief to create an opportunity for mediation or other form of alternative dispute resolution.

C.

A special master proceeding is intended to be an additional remedy for the owner. It does not supplant other lawfully available methods agreed to by the parties, such as arbitration, mediation or other form of dispute resolution.

14.17.07 Request for Relief.

A.

Any owner who believes a development order or enforcement action, by itself or in conjunction with the actions of other governmental entities, is unreasonable or unfairly burdens the use of the owner's land may file a request for relief.

B.

A request for relief must be filed within thirty (30) calendar days after receipt of the development order or enforcement action. However, if further County review is permissible, then the request for relief must be filed within thirty (30) days of the conclusion of such review, or after the expiration of four (4) months after the initiation of the County review.

C.

A signed original and three (3) copies of the request for relief must be filed with the County Manager at Lake County Administration Building, 315 West Main Street, Tavares, or mailed to Post Office Box 7800, Tavares, Florida 32778. No fee will be charged for filing a request for relief.

D.

The request for relief must contain:

1.

A brief statement of the owner's proposed use of the property.

2.

A summary of the development order or description of the enforcement action. A copy of the development order or documentation of the enforcement action must be attached.

3.

A brief statement of the impact of the development order or enforcement action on the ability of the owner to achieve the proposed use of the property, including an explanation why the development order or enforcement action is unreasonable or an unfair burden.

4.

The signature of the owner or, if the owner is a corporation, partnership or other organization, the signature of a responsible official, and the mailing address and telephone number at which the owner may be reached.

5.

A statement regarding whether further County review is available and, if so, whether and when such review was commenced by the owner and, if completed, the date of its completion.

6.

A certification by the signatory on the request identifying the persons, if any, who have been furnished with copies of the request for relief.

E.

Upon receipt of a request for relief, the County Manager, or designee, Shall:

1.

Notify appropriate staff that the request was filed and direct preparation of a response.

2.

Confer with the owner or owner's representative, if any, and any other governmental entity identified as a party in the request for relief to agree on a special master no later than ten (10) calendar days from the date the request for relief was received.

3.

Furnish a copy of the request for relief to:

a.

Persons holding title to land contiguous to the owner's property, at the address on the latest County tax roll.

b.

Persons who submitted oral or written testimony, sworn or un-sworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action. A copy must be furnished to such a person only if that person requested in writing or at a public hearing a desire to be placed on a mailing list to receive notice of any subsequent proceeding on the development order or enforcement action at issue.

4.

A copy of the request for relief provided for purposes of notice may omit attachments or supporting documentation so long as it informs the recipient where such materials may be inspected and copied.

F.

At its next regular meeting after receipt of a request for relief, the Board of County Commissioners Shall be informed by the County Manager that a request for relief has been filed, the name of the owner, a description of the development order or enforcement action at issue, and the timetable for consideration of the matter.

G.

The owner may voluntarily dismiss the proceeding at any time by submitting a written request for dismissal to the special master or, if one has not been selected, to the County Manager. A voluntary dismissal Shall be effective upon filing with the special master or, if one has not been selected, the County Manager.

14.17.08 Qualification of and Appointment of Special Masters.

A.

In order to serve as a special master in a proceeding under these procedures, a person must:

1.

Be a resident of the State of Florida.

2.

Possess experience and expertise in mediation.

3.

Possess experience and expertise in at least one (1) of the following disciplines and a working familiarity with the others:

a.

Land use and environmental permitting.

b.

Land planning.

c.

Land economics.

d.

Local and state government organization and powers, and the law governing the same.

A special master need not be a lawyer or a mediator certified by the Florida Supreme Court.

B.

Any member of the Florida Bar selected as a special master in a particular matter Shall not, for that reason, be disqualified from serving as counsel in any other matter before the County.

C.

The County Shall maintain a list of persons qualified to serve as special masters. Immediately upon receipt of a request for relief, the County Shall forward such list to the owner. Unless an owner or the County objects with good cause to one (1) or more individuals within ten (10) calendar days of the date of filing the request for relief, those individuals not objected to are deemed acceptable to owner. County will select one (1) of them, at random, as the Special Master to consider the request for relief.

D.

If the owner or the County objects to all individuals maintained on the County's list of qualified individuals, or if there are no individuals on such list, the County and the owner Shall jointly agree on an impartial third party to select the special master according to agreed criteria. If the parties cannot agree on an impartial third party, the County and the owner Shall agree on the method to be used to choose a Special Master.

E.

The County Manager, or designee Shall forward the original request for relief to the special master upon selection.

14.17.09 Special Master Agreement; Fees and Expenses.

A.

The special master and the parties Shall memorialize the selection of the special master in an agreement which Shall provide for the payment of all fees and expenses associated with the proceeding. In addition, a special master agreement may:

1.

Vary the time for performance of any act.

2.

Establish rules for the conduct of the proceeding, including standards of conduct for the special master, parties and participants, and the enforceability of subpoenas in circuit court.

3.

Identify factual issues to be addressed in the proceeding or specify procedures for resolving factual issues, including stipulation.

4.

Provide for the exchange of information by the parties prior to the mediation or hearing.

5.

Identify participants known to the parties who should be notified of the proceeding.

6.

Address such other issues as the parties may decide will assist in settlement of the dispute.

B.

Payment of fees and expenses for the special master, and costs of providing notice and effecting service, Shall be borne equally by the parties. Other costs Shall be paid as agreed by the parties.

C.

A special master Shall be compensated as agreed in writing by the special master and the parties upon selection or as thereafter modified in writing. The owner may be required to place funds on deposit to assure payment at the conclusion of the proceeding, or provide a retainer against which fees and expenses will be charged.

D.

The parties may authorize the special master to retain an independent expert, or to obtain any materials, to assist in evaluating any issue. Fees and costs will be paid as agreed in writing by the parties and the special master.

14.17.10 Response to Request for Relief.

A.

No more than fifteen (15) calendar days after the filing of a request for relief, the County Manager, or designee, Shall file a response to the request for relief on behalf of the County. A copy Shall be furnished to the owner and any person who has requested to participate in the proceeding.

B.

The response Shall set forth in reasonable detail the position of the County regarding the matters raised by the owner. The response must include a brief statement explaining the public purpose of the regulations on which the development order or enforcement action is based.

C.

The response may include a request that the special master dismiss the owner's request for relief for any failure to observe these procedures. If the request is dismissed, the owner Shall be permitted to file an amended request within a reasonable time fixed by the special master. Failure to file an adequate amended request within the time specified by the special master Shall result in final dismissal of the matter without the right to submit another request. Final dismissal may not be appealed.

D.

Any party may request, in its response or otherwise, a request to be dropped from the proceeding. The request must set forth facts and circumstances to aid the special master in deciding on the request. All such requests must be disposed of prior to a hearing on the substance of the owner's request for relief. If the special master denies a request to be dropped, that party Shall participate in the proceeding.

14.17.11 Additional Parties to the Proceeding.

A.

The special master may add additional governmental entities as parties to the proceeding when:

1.

The owner or the County asks the special master to add that governmental entity to the proceeding as a party; and

2.

The development order or enforcement action is the culmination of a process involving a governmental entity in addition to the County; or

3.

A complete resolution of all relevant issues would require active participation of that additional governmental entity.

B.

A governmental entity added as a party Shall actively participate in the proceeding as set forth in these procedures and as required by the special master.

14.17.12 Other Persons Who May Participate.

A.

Other persons who may participate in the proceeding are:

1.

Any person with a legal or equitable interest in land contiguous to the owner's property; or

2.

Any substantially affected person who submitted oral or written testimony, sworn or un-sworn, of a substantive nature which stated with particularity support for or objections to the development order or enforcement action in a prior proceeding.

B.

Within twenty-one (21) calendar days after receiving a copy of the request for relief, a person seeking to participate must submit a written request to participate. The request must be submitted to the special master. Copies of the request Shall be furnished to the County Manager and owner.

C.

The special master may decide any issue necessary to determine whether a person qualifies as a participant. If the special master accepts a request to participate, the person or any witnesses and representatives Shall address only those issues raised regarding alternatives, variances, and other types of adjustment to the development order or enforcement action which may impact the participant's substantial interests, unless the parties agree to allow a participant to address additional issues. Denial of a request to participate may not be appealed.

14.17.13 Consolidation.

A.

If there are separate matters which involve similar issues or identical parties, they may be consolidated if the parties agree and it appears that consolidation would promote the speedy, efficient, and inexpensive resolution of the matters.

B.

If the separate matters are pending before different special masters, the parties may decide which special master will conduct the consolidated proceeding. If they cannot agree on one (1) or multiple special masters to conduct the proceeding, the proceedings Shall not be consolidated.

14.17.14 Representatives.

A.

A party or participant may be represented by an attorney or other person at any phase of the proceeding, but such representation is not required.

B.

At the mediation, each party Shall be represented by a person with authority to bind that party to a settlement, or to recommend a settlement directly to the persons with authority to bind the party. The special master may ask a representative to provide assurances of such authority.

14.17.15 Order of the Proceeding.

A.

In keeping with the overriding intent of the Legislature that the special master proceeding be a flexible, problem-solving procedure which results in a voluntary settlement, the special master may conduct the phases of the proceeding in any sequence and on separate days.

B.

The proceeding Shall be open to the public and be held in a location accessible to the public, including the physically handicapped.

C.

The proceeding Shall be conducted under the direction and supervision of the special master. The special master Shall determine the order of presentation of issues and information unless otherwise set forth in the special master agreement. The special master Shall decide questions of procedure in a manner which provides reasonable due process.

D.

Prior to any other portion of the proceeding, the special master Shall conduct a hearing on any request to dismiss the request for relief.

E.

At any time after commencement of the information-gathering hearing, the special master may recess the hearing to recommence mediation and facilitation.

F.

After the hearing, the special master may re-convene the parties to present a written recommendation, in draft or final form, and seek to re-commence negotiations.

14.17.16 Mediation Phase.

A.

The special master's first responsibility is to facilitate a resolution of the dispute and arrive at a settlement acceptable to the parties. It may involve a modification of the owner's proposed use of the property or adjustment in the development order or enforcement action or regulatory efforts by one (1) or more of the governmental parties.

B.

The special master Shall, among other things, suggest alternatives, analyze issues, question perceptions, use logic, stimulate and facilitate negotiations between the parties, and keep order. The special master at all times will promote conciliation, cooperation, compromise and settlement of the dispute within the bounds established by law.

C.

As alternatives, variances, and other types of adjustments to the development order or enforcement action are presented, the special master Shall afford participants an opportunity to address the impacts of such adjustments on their substantial interests.

14.17.17 Information-gathering Hearing.

A.

The special master Shall hold a hearing within forty-five (45) calendar days of the receipt of the request for relief, unless a different date is agreed to by all the parties. The special master must provide notice of the place, date, and time of the hearing to all parties and any other persons who have requested such notice at least forty (40) calendar days prior to the hearing.

B.

The hearing must be held in Lake County. The special master's decision on the specific place of the mediation and hearing Shall be final.

C.

The special master Shall hear from anyone with information necessary to understand the matter. The special master may question anyone presenting information at the hearing but Shall give all parties an opportunity for follow-up questions.

D.

The special master Shall weigh all information offered at the hearing. Information Shall not be subject to the rules of evidence, but the criteria for determining and the determination of verification and authentication are within the special master's discretion.

E.

At any time, the special master may require any party to provide additional information in the interest of gaining a complete understanding of the request for relief.

F.

Each party may record the hearing at its own expense. The special master may record the hearing to assist in preparing a recommendation. If the special master makes such a recording, it Shall be forwarded to the County with the recommendation.

G.

Any documents or tangible materials presented to the special master at hearing Shall be submitted to the County with the special master's recommendation. Any notes or drafts produced by the special master and not intended to record information in a permanent form Shall remain the property of the special master.

H.

If a party fails to appear at the hearing after notice, the special master may proceed without that party or may adjourn the hearing to another day, giving notice to the absent party.

I.

Information may be given and parties, participants or their representatives may participate by telephone, videotape or other communications medium unless otherwise agreed in a special master agreement.

14.17.18 Witnesses and Materials.

A.

Each party must assure attendance at the hearing by those persons qualified by training or experience to address issues raised by the request for relief, the response, or the special master, or to address alternatives, variances, and other types of modifications to the development order or enforcement action.

B.

The special master may issue a subpoena for any nonparty witness in the state who will aid in the disposition of the matter. A subpoena issued by a special master may require the witness to bring a specified document or thing.

C.

The special master may require and receive documents and other tangible materials from any party or participant. All parties and participants Shall have the opportunity to examine and respond to such submissions.

D.

The special master may weigh the credibility of witnesses.

E.

Although an attorney is not required, any person compelled to appear or furnish documents or tangible materials, or who appears voluntarily, may be represented and advised by legal counsel at his or her own expense.

14.17.19 Access to the Property.

A.

A request for relief constitutes a consent by the owner for the special master and parties or representatives to have reasonable access to the owner's land.

B.

The owner may grant access to the land to participants.

14.17.20 Offer to Compromise.

A.

As provided by law:

1.

All actions or statements of the special master, the parties and all participants are evidence of an offer to compromise and are inadmissible in any judicial or administrative proceeding.

2.

The proceeding may not be made known by a party or participant to any judicial or administrative tribunal, or be construed for any purpose as an admission against interest.

B.

A party or participant is not bound by anything said or done during the proceeding unless a written settlement is reached, in which case only the terms of the written settlement Shall be binding.

C.

The special master may not be called to appear before the County with respect to any aspect of the proceeding, nor may the special master be compelled to furnish notes or drafts.

14.17.21 Settlement.

A.

The owner and the County may enter into a settlement agreement or other agreement as to the permissible use of the owner's land prior to the special master filing a recommendation.

B.

A settlement agreement or other agreement as to the permissible use of the owner's land may be executed subject to approval by the County. Any such agreement Shall not bind any party until duly approved and executed by all parties to the agreement.

14.17.22 Special Master's Recommendation.

A.

The special master Shall file a recommendation with the County within fourteen (14) calendar days after the conclusion of the hearing. The special master Shall furnish a copy to all parties and participants.

B.

If a settlement agreement or other agreement as to the permissible use of the owner's land is executed prior to the special master's recommendation, the recommendation Shall only:

1.

Set forth the date and location of the hearing.

2.

Identify the parties and other participants in attendance at the hearing.

3.

Record, without comment, the fact that a settlement agreement or other agreement as to the permissible use of the owner's land has been executed.

4.

Include as an attachment an executed copy of the settlement agreement or other agreement as to the permissible use of the owner's property.

C.

If a settlement agreement or other agreement as to the permissible use of the owner's land is not executed prior to the filing of the special master's recommendation, the special master Shall consider the facts and circumstances set forth in the request for relief, any responses, and any other information produced at the hearing to determine whether the development order or enforcement action, by itself or in conjunction with an action of County or another governmental entity, is unreasonable or unfairly burdens the owner's land.

D.

In making a determination, the special master may consider, among other things:

1.

The history of the land, including when it was purchased, how much was purchased, where it is located, the nature of the title, the composition of the property, and how it was previously used.

2.

The history of development and use of the land, including what was developed and by whom, if it was subdivided and how and to whom it was sold, whether plats were filed or recorded, and whether infrastructure and other public services or improvements may have been dedicated to the public.

3.

The history of relevant environmental protection and land use controls and other regulations, including how and whether the land was classified, any uses that may have been proscribed, and what changes in classifications have occurred.

4.

The present nature and extent of the land, including natural and altered characteristics.

5.

The reasonable expectations of the owner at the time of acquisition, or immediately prior to the implementation of the regulation at issue, whichever is later, under the regulations then in effect and under common law.

6.

The public purpose sought to be achieved by the development order or enforcement action, including the nature and magnitude of the problem addressed by the underlying regulations on which the development order or enforcement action is based; whether the development order or enforcement action is necessary to the achievement of the public purpose; and whether there are alternative development order or enforcement action conditions that would achieve the public purpose and allow for reduced restrictions on the use of the owner's land.

7.

Uses authorized for and restrictions placed on similar property, including adjacent lands.

8.

Any other information determined to be relevant by the special master or agreed by the parties to be addressed by the special master.

E.

The special master Shall utilize his or her expertise in formulating a recommendation and, in applying this expertise, Shall rely upon the sort of information that a reasonable, prudent person would rely upon in the conduct of his or her affairs.

F.

If the special master determines the development order or enforcement action, by itself or in conjunction with another action of County or another governmental entity, is not unreasonable and does not unfairly burden the owner's land, the special master Shall recommend that the development order or enforcement action remain undisturbed.

G.

If the special master determines the development order or enforcement action, by itself or in conjunction with another action of County or another governmental entity, is unreasonable or unfairly burdens the owner's property, and the owner has consented, the special master Shall recommend one (1) or more alternative actions that protect the public interest served by the regulations at issue but allow for reduced restraints on the use of the owner's real property. The alternatives may include:

1.

An adjustment of land development or permit standards or conditions controlling the development or use of the owner's land.

2.

Increases or modifications in the density, intensity, or use of areas of development.

3.

The transfer of development rights.

4.

Land swaps or exchanges.

5.

Mitigation, including payments in lieu of on-site mitigation.

6.

Location of the development or use at issue on the least sensitive portion of the property.

7.

Conditioning the amount of development or use permitted on the owner's land.

8.

A requirement that issues be addressed on a more comprehensive basis than a single proposed use or development.

9.

Issuance of the development order, a variance, special exception, or other extraordinary relief, including withdrawal of the enforcement action.

10.

Purchase of the owner's land, or an interest in it, by County or another governmental entity.

If an apportionment of responsibility among governmental entities is necessary, the special master Shall make such apportionment.

H.

The special master Shall furnish a copy of the written recommendation to the Florida Department of Legal Affairs.

I.

The special master's recommendation Shall be a public record. A copy Shall be available for public inspection and copying at the office of the Clerk of the Board of County Commissioners.

14.17.23 Effect of Special Master's Recommendation.

A.

The special master's recommendation Shall be advisory only and not binding on the owner or the County.

B.

A special master's recommendation constitutes data which Shall be considered with respect to any pertinent amendment to the comprehensive plan.

C.

A special master's determination that the development order or enforcement action, by itself or in conjunction with actions of County or another governmental entity, is unreasonable or unfairly burdens the owner's land Shall constitute a determination of hardship which will support a modification, variance, or special exception as otherwise authorized by applicable rules and regulations.

14.17.24 Disposition of Special Master's Recommendation.

A.

Within forty-five (45) calendar days of receipt of the special master's recommendation, the County Shall:

1.

Accept the recommendation as submitted and implement it in the ordinary course and consistent with all other rules and regulations.

2.

Modify the recommendation as submitted and implement it in the ordinary course and consistent with all other rules and regulations.

3.

Reject the recommendation as submitted. Failure to act within forty-five (45) calendar days of receipt of the recommendation Shall be deemed a rejection, unless the owner and the County agree to an extension of time.

B.

If the County adopts a recommendation to grant a modification, variance, or special exception to the application of ordinances or regulations as they otherwise would apply to the land, the owner Shall not be required to duplicate processes in which the owner previously has participated in order to effectuate the modification, variance or special exception.

C.

If the special master recommends relief or other action in conjunction with another governmental entity, the County Manager, or designee, Shall confer with appropriate staff from the other entities to review the recommendation and determine whether a joint staff recommendation can be made to the heads of the respective governmental entities.

D.

Within fifteen (15) calendar days after final action on the special master's recommendation by the County, its clerk Shall send a copy of the order or other document memorializing final action to the Florida Department of Legal Affairs.

E.

Within ten (10) calendar days of final action on the recommendation, the owner Shall notify the County Manager in writing whether the owner accepts the decision on the recommendation.

F.

If the County accepts the recommendation or modifies it and the owner rejects the acceptance or modification, or if the County rejects the recommendation, the County Shall issue a written decision that describes as specifically as possible the use or uses available on the owner's land. The decision Shall be issued within thirty (30) calendar days of final action on the recommendation.

G.

After the County has acted on the recommendation and a written decision has been issued describing the use or uses available on the owner's land, or if the County has not acted within forty-five (45) calendar days, the owner may seek a formal adjudication on the development order or enforcement action as otherwise authorized by law.

(Ord. No. 2002-28, § 3, 4-16-02; Ord. No. 2008-44, § 2, 7-1-08)