Subject:
Title
Appointment of a Special Magistrate and an alternate Special Magistrate to Consider Matters Related to the Administration and Enforcement of the Brevard County Code of Ordinances.
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Fiscal Impact:
It is estimated that the Special Magistrate's cost in FY 2026-27 will be approximately $50,000. These costs will be funded through enforcement fees.
Dept/Office:
Central Services/Purchasing Services
Requested Action:
Recommendation
It is requested that the Board of County Commissioners consider the appointment and approve the following contracts to serve as the County’s special magistrates and authorize the Chair to execute the contracts:
1. Appoint Mr. Garrett Olsen, Esq, Vose Law Firm LLP, as the primary Special Magistrate.
2. Appoint Ms. Alicia Perez, Esq., as the alternate Special Magistrate.
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Summary Explanation and Background:
Pursuant to Brevard County Code of Ordinances (including, but not limited to, Sections 2-169 and 22-650), the County’s Special Magistrate has jurisdiction and authority to hear and to decide alleged violations and exercise the powers as provided by Chapter 162, Florida Statutes, and Brevard County Code of Ordinances for Code Enforcement, Land Development, Contractor Licensing, Vested Rights, Nuisance Abatement issues, and Dangerous Animals or other matters requiring appeal under the County’s Code of Ordinance or Policies.
The County publicly advertised for the position of special magistrate and received 25 resumes from interested candidates. Pursuant to Section 2-169, Brevard County Code of Ordinances, the Selection and Negotiation Committee, consisting of Morris Richardson, County Attorney, Billy Prasad, Planning and Development Director, and Kathy Wall, Central Services Director, interviewed six qualified candidates. The top two candidates the selection committee found most qualified are Mr. Garrett Olsen (in his capacity as an attorney at Vose Law Firm LLP) and Ms. Alicia Perez.
The Selection and Negotiation Committee is recommending a 5-year contract with each attorney, with Mr. Garrett Olsen, Esq., designated as the primary at $325, and Ms. Alicia Perez as the alternate at $375. As the Selection Committee found Mr. Olsen to be the most qualified candidate, it is recommended that the Board appoint him as the primary Special Magistrate. Consistent with current practice, staff recommends that the Board also appoint an alternate Special Magistrate for several reasons, including ensuring a qualified individual is available to hear cases when the primary Special Magistrate has a conflict of interest. The Selection Committee’s rationale in allowing Ms. Perez's hourly rate to be higher is that she will be designated as an alternate to the primary special magistrate. As such, there is no commitment by the County that Ms. Perez will serve a consistent number of hours as a special magistrate; Ms. Perez will need to keep her schedule open for conflicts that the primary special magistrate may have, and she will be presiding over other smaller hearings that may arise during any given month.
Both contracts also include an increase each October 1st of three percent or the Consumer Price Index for all Urban Consumers (CPI-U), whichever is less.
Clerk to the Board Instructions: