§ 25-260. Appeals; judicial review; requirement of exhaustion of procedure.

(a)

If the tax collector denies the issuance or renewal of a license or suspends or revokes a license, the tax collector shall send the applicant or licensee, by certified mail, return receipt requested, written notice of the action and of the right to an appeal. The aggrieved party (applicant or licensee only) may appeal the decision to a hearing officer in accordance with the following procedures. The timely filing of an appeal stays the action of the tax collector in suspending or revoking a licensee until the hearing officer makes a final decision.

(b)

The aggrieved party may, not later than ten (10) calendar days after receiving notice of the denial, suspension, or revocation, file an appeal with the tax collector requesting review of the decision by a hearing officer. The aggrieved party shall set forth in the appeal the reasons why he believes the tax collector's decision was incorrect or otherwise in error.

(c)

If an appeal is timely filed with the tax collector, a hearing officer shall be designated to consider the appeal. The hearing officer shall be subject to the general requirements regarding hearing officers set forth in subsections 3-37(b), (c), (d) and (e).

(d)

The hearing officer shall set a date for the hearing within thirty (30) days from the date the appeal is filed. The hearing shall be open to the public and shall be advertised in a newspaper of general circulation not less than fourteen (14) days prior to the date of the hearing. The hearing officer shall hear and consider evidence offered by any interested person to determine whether the tax collector properly denied issuance or renewal, or properly suspended or revoked the license. Testimony and evidence shall be limited to matters directly relating to the pending appeal. Irrelevant, immaterial or unduly repetitious testimony or evidence may be excluded. All testimony shall be under oath. The order of presentation of testimony and evidence shall be as follows:

(1)

The applicant or licensee and his witnesses, if any.

(2)

Any interested member of the public, if any, and his or her witnesses, if any.

(3)

Comments by county staff, if any.

(4)

Comments by sheriff's deputies and staff, if any.

(5)

Rebuttal and summation by the applicant or licensee, if any.

(6)

Surrebuttal, if any.

To the maximum extent practicable, the hearing shall be informal. Reasonable cross examination of witnesses shall be permitted, but questioning shall be confined as closely as possible to the scope of direct testimony. The hearing officer may call and question witnesses or request additional evidence as he or she deems necessary and appropriate. To that end, if during the hearing the hearing officer believes that any facts, claims, or allegations necessitate review and response by either the applicant or licensee, county staff, sheriff's deputies or staff, or any combination of the foregoing, then the hearing officer may order the hearing continued until a date certain. The hearing officer shall decide all questions of procedure and standing.

(e)

The hearing officer shall render a written decision on the appeal within thirty (30) days after the hearing concludes. The hearing officer shall affirm or reverse the tax collector's decision. Any disputed fact shall be decided on the basis of a preponderance of the evidence. The decision of the hearing officer shall be final.

(f)

The original of the hearing officer's decision shall be filed with the clerk to the board of county commissioners, and copies shall be mailed to the applicant or licensee, the tax collector, and to any interested member of the public who participated at the hearing and requested a copy of the written decision.

(g)

If the hearing officer affirms the tax collector's decision denying a license, the aggrieved party may not re-apply until at least twelve (12) months have elapsed from the date of the hearing officer's decision or, if the hearing officer's decision is unsuccessfully challenged in court, until twelve (12) months have elapsed from the date of the decision of the court of last resort.

(h)

A decision of the hearing officer may be challenged by the applicant, licensee, the county, the sheriff, or any other person who was a party at the hearing, in the circuit court for the Ninth Judicial Circuit of Florida. To challenge the hearing officer's decision, a petition for writ of certiorari shall be filed with the clerk to the circuit court not later than thirty (30) days after the decision of the hearing officer has been filed with the clerk to the board of county commissioners. The complete record of the proceedings before the hearing officer, including all evidence and a complete transcript of the proceedings, shall be filed with the circuit court as the record from below.

(i)

Judicial review of a denial of issuance or renewal of a license or of a suspension or revocation of a license shall be available only after the hearing officer procedures set forth above have been exhausted.

(Ord. No. 2001-08, § 1, 4-10-01)