Contractor and Code Compliance Hearing Process

Special Magistrate

Pursuant to Chapter 162 of the Florida Statutes, the Brevard County Board of County Commissioners has created the Code Enforcement Special Magistrate Hearing process. The purpose of this quasi-judicial process is to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances in Brevard County, Florida.

The Special Magistrate is an independent hearing officer retained to conduct hearings on alleged violation of the County Code as provided for in Chapter 162 of the Florida Statutes. The Special Magistrate shall be an individual selected by the county administrator from a list of candidates approved by the Board of County Commissioners. This Special Magistrate shall be a member in good standing with the Florida Bar engaged in the practice of law in this county.

If a hearing is required and a violation is found in the Brevard County Code of Ordinances, the Special Magistrate will assess enforcement costs.

Recurring, repeat, and/or safety violations are eligible for enhanced fines. Upon the Special Magistrate's findings that a repeat violation has been committed, the Special Magistrate may order the violator to pay a fine for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code enforcement officer.

Please refer to the Rules of the Special Magistrate for the procedures of the hearing. The Rules of the Special Magistrate should be attached to all notices of hearings. However, if you did not receive a copy, please contact the Hearing Office at the number below to obtain a copy.

At the conclusion of the hearing, the Code Enforcement Special Magistrate generally issues findings of fact based on evidence of record and conclusions of law and shall issue an Order affording the proper relief consistent with powers granted by Florida Law and County Code.

For case status and hearing information, or for payment options call (321) 409-9453

  • For pre-hearing information, call (321) 350-8291
  • For post hearing information, call (321) 350-8290

See our Public Meeting Calendar  for all meeting dates.

Note: All dates subject to change without prior notice.

County Representative

Presents testimony and evidence to the Magistrate supporting the cited code violation(s).

Property Owner / Representative

Has an opportunity to present testimony and evidence to the Magistrate concerning the cited code violation(s).

Case Findings

  • Magistrate’s decision whether or not the cited code violation(s) exist
  • Possible hearing costs
  • Compliance date that the violation(s) must be corrected prior to assessment of fines
  • Amount of possible fine if violation(s) not corrected by compliance date

Costs and Fines

  • Hearing costs are assessed when the Magistrate finds that a cited violation exists.
  • Fines are assessed when violation(s) are not corrected by the compliance date set by the Magistrate.
  • Liens are attached to the property, and any other real property under the same ownership, when the hearing costs or fines are not paid.

Injunction

  • Used when violation(s) continue after a decision by the Magistrate
  • Filed with Brevard County Circuit Court
  • Enforced against the property owner as a “Contempt of Court” violation
  • Property owner might be subject to incarceration at the judge’s discretion.

Hearing rules have been established and adopted into the Brevard County Code of Ordinances. For more information on the hearing process, please call our office or reference Florida State Statute Chapter 162 , or the Brevard County Rules of Special Magistrate Hearings, and the Code Enforcement Special Magistrate Process available below.

The Special Magistrate Hearing is held in the Space Coast Room, on the second floor of Building C, at the Viera Government Center.

Meeting Agendas

Adobe® Acrobat® Reader® DC is free software you can use to read and access the information contained within PDF files. Adobe Acrobat Reader DC contains many capabilities specifically designed to make it easier for people with disabilities to read PDF files, regardless of whether the files have been optimized for accessibility. It leverages accessibility functions built into Windows® and Mac OS systems and allows adjustment of user preferences to optimize the reading experience for a variety of disabilities.

Get Adobe Acrobat Reader