The Hearing Examiner's Office was established in 1988 for the purpose of conducting public hearings on zoning and land use matters - such as Developments of Regional Impact (DRIs), Developments of County Impact (DCIs), Rezonings, Variances, Special Exceptions, and Administrative Appeals.

In 1990, the Hearing Examiner's Office also began conducting Code Enforcement hearings.

In most counties and municipalities, these types of hearings are handled by lay boards. Previously, in Lee County, zoning and land use matters were heard by the Planning and Zoning Commission, and by the Board of Zoning Adjustment. Code enforcement matters were handled by the Code Enforcement Board.

Hearing Examiners are required by ordinance to be attorneys, and members of a bar association. They must also have experience in land use and growth management matters. Currently, Lee County has two Hearing Examiners - a Chief Hearing who reports directly to the Board of County Commissioners, and a Deputy Hearing Examiner who reports to the Chief Hearing Examiner for administrative and departmental procedures and policies.  The department was created as an independent department to ensure "independence" in making decisions and recommendations. Additionally, to maintain this independence and create an even playing field, ex parte communication with the Hearing Examiners is prohibited. All contact with the Hearing Examiners is during the public hearings, and on the record.

All rezoning matters require two public hearings which are quasi-judicial hearings. The Hearing Examiner conducts the first hearing, and then makes a written recommendation to the Board of County Commissioners. The Commissioners make the final decision. In Variance, Special Exception, and Administrative Appeal hearings, the Hearing Examiner's written decision is final. Code Enforcement hearings also result in final orders. These final decisions and orders are appealable to the circuit court.

Chief Hearing Examiner: Diana M. Parker

Deputy Hearing Examiner:  Richard A. Gescheidt

Office Manager:  Suzanne Hunter-Galvan

Number of Employees: 5

Annual [FY'07/08] Budget: $806,971

Phone: 533-8100

Fax: 485-8406

Street Address: 1500 Monroe St., Room 218, Ft. Myers, FL

Mailing Address: P. O. Box 398, Ft. Myers, FL 33902-0398

2005 Lee County Official Website
County Government Information: (239) 332-2737
www.lee-county.com