§ 10.6-49. Special use permits.

(a)

Special use permits shall not be issued for activities prohibited by this division except in accordance with section 10.6-48(9), by the management plan for a management area, or by other local, state, or federal law.

(b)

The natural resources division, or its functional equivalent, shall be responsible for the issuance of special use permits in accordance with this division. The director of the natural resources division shall determine the appropriate age for a special use permit applicant and may establish any other necessary items that must be furnished to obtain a special use permit.

(c)

A fee, as determined by resolution of the board of county commissioners, the county manager, or the county manager's designee will be charged for the issuance of the special use permit.

(d)

Valid state-issued identification must be provided in order to obtain a special use permit.

(e)

Special use permits shall be valid only for the dates shown on the permit and must be in the possession of the applicant while on environmental lands. If the applicant is a group, then the license must be in the possession of the person who signed the application on behalf of the group and that person must be present with the group at all times.

(f)

The natural resources director, a LEO, or a RPO may revoke a special use permit if the permit holder violates any provision of this division or any condition of the special use permit.

(1)

In the event a special use permit is revoked once, the person may not be granted another special use permit for twelve (12) months from the date of revocation or the date a final decision is made in an appeal in the event an appeal is filed. Furthermore, the person shall not be allowed upon any environmental land for twelve (12) months from the date of revocation and may be prosecuted for trespass under Florida law in the event the person is found on an environmental land during the succeeding twelve (12) months. Any person whom the permit holder has allowed to use the special use permit, including those who are present at the time of the violation, shall be prohibited from entering on environmental lands for twelve (12) months from the date of the violation without regard to the person's knowledge of the violations.

(2)

In the event the permit holder believes the special use permit was wrongfully revoked, then the permit holder has ten (10) business days (excluding Saturdays, Sundays, and county-recognized holidays) from the date of revocation to file a written appeal with the natural resources division. That division shall forward the appeal to the county manager's office and the county manager, or an approved county manager's designee, must meet with the permit holder, staff, and any other witnesses and issue a written determination whether the special use permit was wrongfully revoked within thirty (30) business days of the application for appeal. Failure to meet with the permit holder or to make a decision within thirty (30) business days shall not act as a reversal of the revocation. The decision rendered by the county manager, or an approved county manager's designee, shall be final. Traditional rules regarding hearsay and evidence shall not apply during the meeting but only relevant information and evidence shall be permitted.

(3)

The appellant shall not enter upon any environmental land while an appeal is pending. Doing so shall be grounds for trespassing regardless of the outcome of the appeal.

(4)

Failure to challenge a revocation within the prescribed time period shall render the revocation and any prohibition from access or use of environmental lands final.

(5)

In the event a special use permit is revoked from the same person twice and both revocations are valid, that person shall forevermore be prohibited from entering onto any environmental land from the date a final decision is rendered as to the revocation.

(6)

The prohibitions from access and use of an environmental land issued pursuant to this section shall run concurrent with any prohibitions and penalties issued pursuant to section 10.6-52.

(g)

This provision does not prevent the county from pursuing any other lawful remedy against the permit holder, nor does it prevent a LEO from charging a person with any criminal act under Florida law.

(Ord. No. 08-003, § 3.2, 3-19-08)