SUBJECT
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Reappoint David Maldonado, Esquire as an Appellate Code Enforcement Special Magistrate and Approve the Appellate Code Enforcement Special Magistrate Agreement with The Maldonado Law Firm P.A. (“Law Firm”)
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DESCRIPTION
The Appellate Code Enforcement Special Magistrate is responsible for hearing appeals to code enforcement cases that have been decided by the Case Enforcement Special Magistrate. These cases are heard once a month, as needed. Polk Ordinance 07-058, the "Polk County Code Enforcement Special Magistrate Ordinance," requires that an appellate special magistrate to be an attorney who is in good standing with the Florida Bar Association with a residence or business within Polk County and does not hold another elected or public office in Polk County. David Maldonado, Esquire meets these qualifications.
The Agreement provides the Law Office to receive $100 per hour for actual time spent at hearings and $100 per hour for actual time spent for tasks completed outside of hearings, with a cap of 3 hours per case for time spent outside of hearings. Tasks spent outside of hearings would include such items as reviewing the record of the previous special magistrate hearing, preparing orders, and ruling on motions filed in the matter. Appeal hearings are scheduled once a month as needed when a case is appealed pursuant to the Special Magistrate Ordinance with hearings estimated to last 1 hour. The term of the Agreement is from July 1, 2025 to June 30, 2027.
RECOMMENDATION
Reappoint David Maldonado, Esquire as an Appellate Code Enforcement Special Magistrate for a term starting on July 1, 2025 and ending June 30, 2027 and approve the Code Enforcement Special Magistrate Agreement with the Law Firm.
FISCAL IMPACT
Funds are available in the General Fund within the Code Enforcement budget.
CONTACT INFORMATION
Noah Milov
Assistant County Attorney
863-534-7664