Fernandina Beach Commission Replaces Code Enforcement Board with Special Magistrate

The Fernandina Beach City Commission voted 4–1 Tuesday to dissolve the city’s Code Enforcement and Appeals Board and replace it with a single special magistrate to hear code violation cases.

The action came on second and final reading of the ordinance which repeals Chapter 2, Article VI of the city code and creates a new article establishing a special magistrate system. The ordinance takes effect immediately.

Vice Mayor Darron Ayscue cast the lone dissenting vote voicing concerns that city government was potentially "weaponizing" enforcement policies against citizens.

City Attorney Teresa Prince presented the ordinance, explaining it would dissolve the seven-member citizen board and transfer its authority to a magistrate appointed by the commission.

Under the ordinance, the special magistrate must be a member in good standing of The Florida Bar with at least five years of legal experience. The magistrate would have the same powers as the existing board, including the authority to subpoena witnesses, administer oaths, issue findings of fact and conclusions of law, impose fines, and record liens against property.

A presentation to the commission cited operational challenges with the current board. State law requires a seven-member board in municipalities with populations over 5,000, but Fernandina Beach currently has only four members serving. As a result, all members must be present to establish a quorum, and findings of violation must be unanimous.

The presentation outlined several perceived benefits of a magistrate system: no quorum requirement, easier scheduling for emergency hearings, simplified replacement if necessary, and greater efficiency in training a single legal decision-maker on city codes.

According to the ordinance synopsis, the city already uses a special magistrate for certain citation appeals and will continue that practice under the new structure.

During public comment, resident Paul Lore described what he called a “terrible experience” with the code enforcement process after purchasing a home previously designated as “demolition by neglect.”

“For three years, we lived under a lot of stress,” Lore told commissioners, crediting the citizen board with showing “a little bit of humanity” in limiting fines. He expressed concern that eliminating the board could reduce that community-based perspective.

Vice Mayor Ayscue said he believes “a magistrate process will be more fair” and supported moving in that direction in principle. However, he said he could not support the change at this time.

“I just don’t believe that now is the time to do that,” Ayscue said, citing what he described as public concerns about government overreach. “I really believe that the citizens think the government’s getting weaponized against them… I just can’t in good conscience move in this direction now until there’s a little bit more trust with the government.”

Commissioner Joyce Tuten pointed to past decisions by the city’s current magistrate, Harrison Poole, who has heard appeal cases, as evidence that fairness and discretion would not be lost under the new system. She cited instances where the magistrate reduced fines or sided partially with property owners.

“I don’t think moving to a magistrate means we lose heart,” Tuten said. “I think the magistrate is still human.”

Commissioner Tim Poynter framed the issue as one of removing politics from enforcement decisions.

“It’s important to have a magistrate to literally get the politics out of code enforcement,” Poynter said. He later added that delaying the move would itself inject politics into the process.

Commissioner Genece Minshew said concerns about enforcement practices should be addressed administratively.

“If we have issues with our code enforcement employees, that is a training issue and a management issue,” she said, adding she expected City Manager Sarah Campbell to handle any necessary improvements.

Under the ordinance:

• The Code Enforcement Board will be dissolved effective May 1, 2026.

• All pending cases will transfer to the special magistrate.

• The magistrate may impose fines up to $250 per day for a first violation, $500 per day for repeat violations, and up to $5,000 for irreparable or irreversible violations.

• Appeals of the magistrate’s final orders may be taken to circuit court within 30 days.

Fiscal impacts are currently limited to existing legal and contractual budget lines, though the Code Enforcement Department is expected to add a dedicated line item in next year’s budget for magistrate-related costs.