Fernandina Beach moves toward magistrate system for code enforcement issues

The city of Fernandina Beach took its first step Tuesday to disband its volunteer Code Enforcement & Appeals Board and replace it with a special magistrate, a change city officials said would streamline enforcement, reduce delays, and address chronic staffing problems.

The Commission voted 4–1 Tuesday on the first reading of the change ordinance. The ordinance will return to the City Commission for a second and final reading at a future meeting.

If passed on a second vote, the ordinance would dissolve the existing board and shift all code enforcement hearings to a magistrate system authorized under Chapter 162, Florida Statutes.

City Manager Sarah Campbell introduced the ordinance, explaining that the proposal would shift Fernandina Beach to a magistrate system already used by many Florida municipalities.

“This is the consideration to disband the existing Code Enforcement Board and move to a magistrate process,” Campbell said. “Chapter 162 provides that a special magistrate may be utilized in a municipality’s code enforcement system with the same status and power as the Code Enforcement Board, and the city wishes to institute a special magistrate system.”

“Under 162.05 of the Florida Statutes, a municipality of this size should have seven members of a board,” Prince said. “We currently have four (sitting) members of a board.”

“It’s hard to get citizens to volunteer for these boards,” she said. “The four that we have currently, they faithfully show up, but now that we only have four, we have to make sure we have a quorum.”

“Since we’re supposed to have seven, we have to have four of them actually present, and then all four of them would have to vote when we can’t fill all the positions,” she said.

Under the ordinance, the existing board would continue operating until May 1 if the ordinance passes on second reading. After that date, the city would issue a request for proposals and hire a special magistrate.

Prince said the city already uses a special magistrate for certain violations, including beach parking, noise, and street performer citations.

Commissioner Joyce Tuten said she had spoken with current board members, who expressed concern about losing citizen involvement, but acknowledged the operational problems.

Tuten said the magistrate system could also allow cases to move more quickly.

Commissioners also questioned the cost of hiring a magistrate. Prince said other jurisdictions have found expenses to be limited and recoverable.

Campbell estimated the cost based on her prior experience as city manager of Orange Park.

Vice Mayor Darron Ayscue cast the lone dissenting vote, saying he wanted more information and community input before moving forward.

“So I’m no on this first reading until I can get a little bit more information,” he said.

“The goal of code enforcement is not to generate a lot of fines,” Minshew said. “The goal of code enforcement is to get the problem fixed.”

The ordinance will return to the City Commission for a second and final reading at a future meeting.