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Special magistrate denies motion for reconsideration in Cezanne matter
Summary
Special Magistrate Erica Augello denied a city motion to reconsider a prior enforcement order after hearing argument that state law limits rehearings of final administrative orders; she said parties should seek circuit‑court review instead.
Special Magistrate Erica Augello on Aug. 10 denied a motion for reconsideration asking her to revisit a prior final administrative order in the consolidated Cezanne cases, saying she lacks statutory authority under the city code and Florida law to rehear final enforcement orders.
Alyssa Gagnon, counsel for the respondent, argued the municipal code and Florida Statute 162.11 make circuit‑court review the exclusive avenue for an aggrieved party. "I do not think that this should be able to be heard today," Gagnon told the magistrate. The city urged a limited administrative correction to avoid costly appeals, but the magistrate said she would accept briefing on whether she has authority and, based on the record and cited case law, concluded she does not. "I do not believe I have the authority to hear a motion for reconsideration," Augello said and announced she would issue an order denying the motion.
Augello said she will issue a written order explaining the denial and noted that parties retain the statutory right to appeal a final administrative order to the circuit court. The magistrate allowed the city to present its arguments on the record before issuing the denial to avoid prejudicing any party, but made clear the court route—not an administrative rehearing—remains the required remedy under the cited authorities.
