Palm Beach may appoint special magistrate in marine violation cases

Palm Beach may soon see a new addition to its code-enforcement process — a magistrate judge with a focus on coastal and maritime law.

Fueled by the town’s recent efforts to manage the Lake Worth Lagoon, the Palm Beach Town Council on March 3 gave its initial approval to an ordinance that would create a new special magistrate position to oversee violations of the town’s laws regulating its beaches and waterways, as well as boating and other aquatic activities.

It’s an ordinance that may be codified by the month’s end, as Palm Beach Police Department Chief Nicholas Caristo requested the Town Council to hold a special meeting later this month.

Council members agreed to meet at 9:30 a.m. on March 30 for a second reading of the ordinance, which could result in it becoming law.

Caristo’s request came as the Palm Beach Police Department has towed over a dozen boats from the Lake Worth Lagoon — a part of the Intracoastal Waterway — as part of the town’s effort to manage the body of water.

That enforcement effort also has included enforcing a recently passed anchoring rule that prevents boaters from anchoring overnight for more than 30 days within a consecutive six-month period in waters where Palm Beach has jurisdiction. Officers have also issued citations for illegal mooring, lack of anchor lights or expired or nonexistent registration.

Under the potential new law, the Town Council would be able to appoint a special magistrate that would review those infractions and others that fall under chapter 74 of Palm Beach’s Code of Ordinances, titled “Parks and Recreation.”

The special magistrate would have the same quasi-judicial powers as the Code Enforcement Board, including the ability to subpoena alleged violators, take testimony under oath and issue fines as well as lawful orders to bring violators into compliance.

The appointee would be required to be an attorney licensed in Florida who has experience with coastal or maritime law.

The ordinance does not limit the number of special magistrates the town can appoint, nor does it place a term limit on those appointed to the position. However, it does note a special magistrate can be removed via a Town Council vote.

For example, Lighthouse Point in Broward County has a code enforcement board for violations related to residential buildings and a special magistrate for violations related to commercial buildings, O’Connor told the council.

Town Hall Staff recommend the special magistrate specifically for that section of the code, because the Code Enforcement Board may lack the familiarity with complex sphere of coastal and marine law, according to a memo attached to the ordinance.

Diego Diaz Lasa is a journalist at the Palm Beach Daily News, part of the USA TODAY Florida Network. You can reach him at dlasa@pbdailynews.com.