Sec. 655.114. - Appeals.

(a) An applicant may appeal any decision or technical determination made by the Director of Planning and Development, the CMMSO, or any reviewing division pursuant to this Chapter to a hearing officer appointed in accordance with the provisions of subsection (g) of this Section. Appeals shall be made by filing a notice of appeal with the CMMSO within 30 days of the issuance of the written decision being appealed. The notice of appeal shall contain: (1) A clear and plain statement of the decision to be reviewed and the date of the decision; and (2) The specific error alleged as the grounds of the appeal. (b) A hearing on the appeal before the hearing officer shall be scheduled by the CMMSO for a date no more than 60 days subsequent to the filing of a notice of appeal accompanied by a receipt from the Tax Collector evidencing payment of the required fee. The applicant shall be given at least 30 days written notice of the scheduled hearing date. At the request of either party, the hearing officer may extend or continue the date of the hearing beyond 60 days for good cause shown. (c) The applicant, departmental or any other appropriate City staff, and public and witnesses with relevant testimony shall appear and may be heard at the hearing. Testimony shall be limited to matters directly relating to the standards and measures set forth in this Chapter and in the Concurrency and Mobility Management System Handbook. 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. (d) The appellant shall have the burden of proof to establish by a preponderance of the evidence: (1) That there was an error in the decision or technical determination made by the Director of Planning and Development, the CMMSO, or any of the reviewing divisions; (2) That one or more of the requirements of Section 655.112 of this Chapter are satisfied, such that the necessary public facilities and services shall be available concurrent with the impacts of the development; (3) That the requirements of Section 655.109 (a) or (e) have been met or (4) That there was an error in the calculation of the Mobility fee. (e) In the instance of an appeal alleging an error in the calculation of the Mobility fee, an appellant may request that the hearing officer receive and consider findings of fact by a licensed professional traffic engineer (P.E.), provided by the appellant at his sole cost and expense, in reviewing the calculation of the Mobility fee and application of the standards and measures in the Concurrency and Mobility Management System Handbook. Such a request shall be filed with the notice of appeal. If such a request is filed, then, in conjunction with appointing the hearing officer as provided in subsection (g) of this Section, a traffic engineer ("appointed advisor") shall be appointed by the Office of the General Counsel from among the members of the Technical Advisory Committee appointed pursuant to Section 655.122 . The provisions applicable to the hearing officer set forth in subsection (g) of this Section regarding ex parte communications and compensation also shall apply to the appointed advisor. The appointed advisor shall be privy to all filings of the parties in the appeal, shall attend the hearing, and may question witnesses. Within 15 days after the hearing, the appointed advisor shall distribute to the hearing officer and the parties a report regarding the facts presented by the parties, including factual findings. The hearing officer shall consider the report of the appointed advisor, and, in issuing the decision in the appeal, the hearing officer may overturn the findings of fact of the appointed advisor only upon concluding that the record contains no competent and substantial evidence supporting the findings of fact by the appointed advisor. (f) Within 30 days after the hearing, the hearing officer shall issue to the CMMSO a written decision which shall affirm, reverse, modify or remand the decision of the CMMSO for further consideration. In the event the decision of the hearing officer effects a denial of a CCAS or CRC, the applicant is entitled to the continuation of reserve capacity and opportunity to execute a notice of intent to negotiate a Memorandum of Agreement as provided in Section 655.111 (b)(4)(iv). In the appeal of a calculation of a mobility fee, the appellant may elect to pay the fee as initially set by the CMMSO pending the outcome of the appeal. Such payment shall allow the appellant to proceed with approval of plans or permits as provided in Section 655.503 . If the hearing officer decides that there was an error in the calculation of the mobility fee and that the appellant is entitled to a refund of a fee so paid, then, within 60 days after the hearing officer's decision, the City shall refund such portion of the fee paid by the appellant as decided by the hearing officer. (g) In the event of an appeal by an applicant, the Office of General Counsel shall appoint, after consultation with the CMMSO and the applicant, a hearing officer to hear the appeal. The hearing officer shall be a Circuit Court Mediator certified by the Supreme Court of Florida. Upon the appointment of a hearing officer in an appeal, the applicant and CMMSO and reviewing division personnel are prohibited from communicating ex parte with the hearing officer regarding the appeal pending before him. The hearing officer shall be compensated as determined by the CMMSO, which compensation shall be paid by the applicant prior to the date of the hearing as part of the fee for the appeal. Any person serving as a hearing officer and any firm with which he or she is associated is prohibited from acting as agent in any application or proceeding before any agency, board or commission of the City involving the property which was the subject of the appeal. (h) The Planning and Development Department shall be the custodian of all documents, including the application, the CMSO's decision and the record of the proceedings. (Ord. 90-1251-571, § 1; Ord. 92-131-128, § 8; Ord. 95-25-19, § 1; Ord. 2011-536-E, § 1; Ord. 2014-183-E, § 1; Ord. 2022-909-E , § 1)