§ 4-12.5. Hearings.

(a)

Hearing Officer. There is hereby created for the purposes of this chapter the position of Hearing Officer. Each Hearing Officer shall be a member in good standing of The Florida Bar.

(b)

Burden of Proof. The Division shall bear the burden of establishing that a dog is dangerous or aggressive or that a citation is valid by clear and convincing evidence. The owner shall bear the burden of establishing any factual or legal defense to the classification of dangerousness or aggression or the validity of the citation by a preponderance of the evidence.

(c)

Hearing Procedures .

(1)

These procedures govern hearings before Hearing Officers as provided in this chapter. Such hearings shall provide an opportunity for the owner to be heard. All hearings shall be conducted in accordance with the Florida Rules of Civil Procedure and the Florida Evidence Code, except as otherwise stated herein. However, the hearing shall be conducted in an informal manner to the extent practicable. Each party shall be afforded the following rights:

a.

To be accompanied, represented, and advised by counsel;

b.

To offer the testimony of witnesses and examine opposing witnesses on relevant matters; and

c.

To present his or her case by oral or documentary evidence.

(2)

Any interested person or entity may make application to intervene and appear at a hearing. Such application may be granted at the discretion of the Hearing Officer based on good cause shown.

(d)

Subpoenas.

(1)

The Hearing Officer shall have the power to issue subpoenas to compel the attendance of witnesses at a hearing upon the written request of any party or upon the Hearing Officer's own initiative.

(2)

A subpoena may be served by any person authorized by law to serve process. Service shall be made as provided by law.

(3)

Any person subject to a subpoena may, before compliance with the subpoena is required, petition the Hearing Officer to quash the subpoena.

(4)

A party may seek enforcement of a subpoena issued by a Hearing Officer under the authority of this Chapter by filing a petition for enforcement of such subpoena in a court of competent jurisdiction.

(e)

Evidence.

(1)

In any hearing before a Hearing Officer, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.

(2)

A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.

(3)

The rules of privilege shall be effective to the same extent that they are recognized under Florida law.

(4)

The Hearing Officer shall ensure that a full record of the hearing is preserved, which record shall be public and open to inspection and transcription by any person.

(f)

Written Determinations of the Hearing Officer .

(1)

After conducting a hearing, the Hearing Officer shall issue a determination within twenty (20) calendar days after the hearing.

(2)

All determinations of the Hearing Officer shall be in writing, signed, and dated by the Hearing Officer, shall contain findings of fact and conclusions of law, and shall be served upon the owner by certified mail, return receipt requested; hand delivery by an officer evidenced by an affidavit of delivery; or service in conformance with the provisions of Chapter 48, Florida Statutes, relating to service of process.

(g)

Obligation to Pay the Hearing Officer's Fee; Deposit.

(1)

For hearings regarding a classification of dangerousness or aggression, the nonprevailing party shall be responsible for paying the Hearing Officer's fee in full. In cases where a citation is found valid, persons challenging the validity of the citation shall be assessed an administrative fee as established by the Commission.

(2)

When filing a written request for a hearing regarding a classification of dangerousness or aggression, the owner shall provide a deposit in the amount established by resolution as security for payment of the Hearing Officer's fee. If the owner prevails in the hearing, the deposit shall be returned in full. If the owner does not prevail, and the Hearing Officer's fee exceeds the deposit, the owner shall pay the difference within ten (10) days after written demand is made by the Division. If the owner does not prevail, and the deposit exceeds the Hearing Officer's fee, the Division shall return the excess deposit to the owner within ten (10) days after the date of the hearing.

(3)

Notwithstanding Subsections (1) and (2) immediately above, if the appellant submits documentation to the Division demonstrating that the owner meets the applicable federal low income guidelines, the Division shall not require the appellant to pay a deposit or the Hearing Officer's fee in connection with the hearing.

(h)

Once a hearing is scheduled, failure to appear before the Hearing Officer may, at the discretion of the Hearing Officer, result in the dismissal of the hearing with prejudice, in which case the initial classification by the Division shall stand and the dog shall be classified as dangerous or aggressive or the citation shall be found valid.

(Ord. No. 88-76, § 3, 11-8-88; Ord. No. 95-42, § 10, 10-24-95; Ord. No. 2001-67, § 4, 12-11-01; Ord. No. 2011-03, § 2, 1-25-11; Ord. No. 2011-07, § 1, 4-12-11; Ord. No. 2013-10, § 1, 2-12-13; Ord. No. 2013-34, § 4, 10-8-13; Ord. No. 2015-37 , § 1, 9-10-15; Ord. No. 2016-35 , § 3, 12-13-16)