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25-2278 Amending City Code, Sectjion 2-2 (j) Governing Appeals of Trespass Warnings ORDINANCE NO. 25-2278 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD CITY CODE SECTION 2-2 (j) GOVERNING APPEALS OF TRESPASS WARNINGS; PROVIDING FOR SEVERABILITY, CONFLICTS, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City has the authority under the City Charter, Section 2(b), Article VIII of the State Constitution, and Section 166.021(1), Florida Statutes, to exercise any power for municipal purposes except where expressly prohibited by law; and WHEREAS, on April 21, 2025, the City Commission adopted Ordinance 25-2266 which created Section 2-2, City Code of Ordinance concerning Control of Access to City-Owned, Controlled, and Leased Property; and WHEREAS,the City desires to amend the trespass warning appeal provisions of Section 2- 2(j), City Code as set forth herein. WHEREAS,the City Commission of the City of Longwood finds that this Ordinance is in the interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Longwood, Florida, that: SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. City Code Amendment. Section 2-2(j) of the City Code of Ordinances is hereby amended as follows (words that are stricken out are deletions; words that are underlined are additions; provisions not included are not being amended): Sec. 2-2. Control of Access to City-Owned, Controlled, and Leased Property. (j) Appeal of trespass warning. A person to whom a trespass warning is issued under this section shall have the right to appeal as follows: 1. An appeal of the trespass warning must be filed, in writing, within ten (10) calendar days of the issuance of the verbal trespass warning_;a-la-El-The written appeal shall include:athe appellant's name, address, e-mail address, and phone number, if any Ordinance No. 25-2278 Page 1 of 4 and (ii) the specific basis of the appeal as to why the trespass warning was not properly issued pursuant to the criteria of this section. Appeals not timely filed or meeting these minimum requirements will be dismissed by the special magistrate or Local Hearing Officer. No fee shall be charged for filing the appeal. 2. The appeal shall be filed with the City Clerk at City Hall at 175 W. Warren Ave. Longwood, FL. 32750 at the location specified in the trespass warning. 3. The city shall contract with a special magistrate and/or the contracted Local Hearing Officer to hear all trespass appeals. The city may elect to have more than one special magistrate and/or local hearing officer to hear such appeals. 4. Within thirty (30) days following the filing of the appeal, the special magistrate or Local Hearing Officer shall schedule a hearing. Notice of the hearing will be provided to the appellant by: a. Posting the notice at City Hall; and b. Mailing a copy of the notice if an address is provided. In the event of non-delivery, the notice posted at City Hall shall suffice. 5. The special magistrate or Local Hearing Officer shall hold the hearing as soon as possible. In no event shall the hearing be held sooner than seven (7)ten (10) days following the filing of the appeal and no later than sixty-(-64) eighty (80) days from the filing of the appeal. The timeframe for conducting the hearing may be amended by stipulation of the city and appellant and with the approval of the special magistrate or Local Hearing Officer. 6. Copies of documents in the city's control which are intended to be used at the hearing, and which directly relate to the issuance of the trespass warning to the appellant, shall be made available upon request to the appellant at no cost. 7. The appellant and the city shall have the right to attend with an attorney, the right to testify, to call relevant witnesses, to cross-examine witnesses, and to present relevant evidence. Except for producing the officer that issued the trespass warning at issue in the appeal, the city shall have no obligation to produce any witnesses that appellant may request. Any attorney appearing on behalf of the appellant shall file a notice of appearance with the office of the city attorney at least three (3) days prior to the hearing. The appellant shall have the right to bring a court reporter, at his or her own expense. 8. The special magistrate or Local Hearing Officer shall consider the relevant testimony, reports, or other documentary evidence, and any other relevant evidence presented at the hearing. Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. 9. The purpose of the appeal hearing is to determine whether the trespass warning was properly issued pursuant to the criteria of this section. The city shall bear the burden of proof by clear and convincing the preponderance of the evidence that the trespass warning was issued pursuant to the criteria of this section. The purpose of the appeal Ordinance No. 25-2278 Page 2 of 4 hearing is not to challenge or to determine the constitutionality of this section or the enforcement thereof in compliance with the criteria of this section. The special magistrate or Local Hearing Officer is without authority to issue rulings on the constitutionality of this section or the enforcement thereof in compliance with the criteria of this section. If the only basis stated by the appellant for the appeal is a constitutional challenge, the special magistrate will deny the appeal and uphold the trespass warning without conducting a hearing. If a constitutional challenge is just part of the challenge being asserted, the appellant may submit written legal arguments regarding constitutional issues at least three (3) business days in advance of the hearing for purposes of preserving the record, however, the hearing will not involve those issues. 10. If the appellant fails to attend a scheduled hearing, the special magistrate or Local Hearing Officer shall review the evidence presented and determine if the trespass warning was properly issued pursuant to the criteria of this section. 11. Within five (5)ten (10) business days of the hearing, the special magistrate or Local Hearing Officer shall issue a written decision on the appeal which shall be mailed or emailed to the appellant at the address provided. If no address is provided, a copy of the decision shall be posted at City Hall. The timeframe for and issuing a decision may be amended by stipulation of the city and appellant and with the approval of the special magistrate or Local Hearing Officer. 12. The decision of the special magistrate or Local Hearing Officer shall be final and the appellant shall be deemed to have exhausted all administrative remedies. Such decision may be subject to judicial review in the manner provided by law by the appellant. The city may not appeal the decision of the special magistrate. 13. The trespass warning shall remain in effect during the appeal and review process, including any judicial review. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 5. Codification. Section 2 this Ordinance shall be incorporated into the Longwood City Code. Any section, paragraph number, subsection number, letter and/or any Ordinance No. 25-2278 Page 3 of 4 heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance or City Code may be freely made. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Longwood, Florida. FIRST READING: December 1, 2025. SECOND READING: December 15, 2025. ADOPTED this 15th day of December, 2025, by the City Commission of the City of Longwood, Florida. CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA Mayor Br' S t ATTEST: Liane Carta ena, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. DANIEL W. L G , CITY ATTORNEY Ordinance No. 25-2278 Page 4 of 4