§ 14-67. Hearings.

(a)

Hearing officer. There is hereby created for the purposes of this article the position of hearing officer. Said hearing officer shall be the director of the health department, or his/her designee, or alternatively a member in good standing of the Florida Bar.

(b)

Burden of proof. The department shall bear the burden of establishing that a dog is dangerous by a preponderance of evidence. The owner shall bear the burden of establishing any factual or legal defense to the classification of dangerousness by a preponderance of evidence.

(c)

Hearing procedures. These procedures govern hearings before a hearing officer as provided in this article. 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:

(1)

To be accompanied, represented, and advised by counsel;

(2)

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

(3)

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

(d)

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 the state. 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 state law.

(e)

Written determinations of the hearing officer.

(1)

After conducting a hearing, the hearing officer shall issue a determination within 20 calendar days of 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 registered mail, certified hand delivery (signed receipt), or service in conformance with the provisions of F.S. ch. 48, as may be amended, relating to service of process.

(f)

Obligation to pay hearing officer's fee; deposit. The non-prevailing party shall be responsible for paying the hearing officer's fee in full. When filing a written request for a hearing, 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 business days after written demand is made by the hearing officer or department. If the owner does not prevail, and the deposit exceed the hearing officer's fee, the department shall return the excess deposit to the owner within ten business days after paying the hearing officer's fee.

(g)

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

(Ord. No. 17-07, § 1, 2-21-17)