Sec. 388.310. - Administrative hearings on declarations regarding Derelict Vessels, At-Risk/Public Nuisance Vessels, and Anchoring Limitation/Public Nuisance Vessels.

The procedure for hearings requested by adversely affected vessel owners who have received notice from City of a "Notice of Intent" to remove and dispose a vessel declared to be a Derelict Vessel, under Section 388.306 , an At-risk/Public Nuisance Vessel, under Section 388.306 , or an Anchoring Limitation/Public Nuisance Vessel, under Section 388.412 , shall be as follows, (a) The Jacksonville Environmental Protection Board (the "Board") shall have jurisdiction to hold hearings and issue orders, including Final Orders, regarding the removal and disposal of Derelict Vessels, At-risk/Public Nuisance Vessels, and Anchoring Limitation/Public Nuisance Vessels. (b) Any hearing pursuant to this Section shall be conducted in accordance with the processes set forth in F.S. § 120.569, except that pursuant to F.S. § 705.103(2)(a)2, the Manager of the Office of Administrative Services with due regard to the expertise required for the particular matter shall name a Code Enforcement Officer to serve as the presiding officer to hear and make findings of fact and law, and to produce a recommended order to the Board. The Board shall promulgate rules of procedure, including but not limited to rules on the review of requests for hearing, notice of hearing, procedure of hearing, application of rules of evidence, proposed findings of facts and orders, procedure to file exceptions to a presiding officer's recommended order, procedure for requesting Board review, content of the record, and procedure for request for judicial review. (c) At every hearing under this Section, the case for the City shall be presented by one or more assistant(s) general counsel. A presenting assistant general counsel shall not concurrently serve as counsel to the Board. If a presenting assistant general counsel prevails in a case before the Board, the City shall be entitled to recover all costs incurred in prosecuting the case and such costs may be included in a lien authorized under F.S. § 162.09(3). (d) Upon service of Notice of Intent, a vessel owner or other interested party with legal standing on the disposition of the vessel who wishes to be heard on a Notice of Intent shall file a Notice of Request for Hearing with the Manager of the Office of Administrative Services and the Office of General Counsel within 30 days of service of the notice of intent. Each request for hearing shall be in writing and shall be filed by electronic mail to the Manager of the Office of Administrative Services and to the General Counsel. A request for hearing must include a clear articulation of legal standing as to the disposition of the vessel. A person making the request is the "Respondent." (e) In any proceeding held under this subsection, the definitions of terms defined in Chapter 388 , Ordinance Code, apply. (f) Final Orders by the Board pursuant to this Section shall be considered final agency action. A party who is adversely affected by a Final Order of the Board, including the local governing body, is entitled to request judicial review in the Circuit Court of the Fourth Judicial Court in and for Duval County. (Ord. 2025-432-E , § 5)