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Council moves administrative and quasi-judicial appeals to special magistrate

3665144 · June 5, 2025
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Summary

Ordinance 31-25 transfers authority to hear administrative and quasi-judicial appeals from City Council to a special magistrate, a change Planning & Zoning recommended 7-0 and council adopted unanimously.

Cape Coral City Council on June 4 adopted Ordinance 31-25, which moves certain appeals previously decided by council to be heard by a special magistrate. The change covers administrative appeals of department director decisions and appeals of quasi-judicial decisions rendered by the hearing examiner.

Planning staff explained the amendment is limited to appeals procedure and does not alter substantive review standards. Planning & Zoning reviewed the proposal and recommended approval by a 7-0 vote; council adopted the ordinance unanimously.

Staff said the change intends to streamline the appeals process and rely on a neutral magistrate for adjudications that are primarily record- and evidence-based, leaving policy decisions to the council.