The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT

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F.S. 162.06

162.06 Enforcement procedure.—

(1)(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

(b) A code inspector may not initiate enforcement proceedings for a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the respective local government before an enforcement proceeding may occur. This paragraph does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

(2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the code enforcement board.

(4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.

(5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding.

(d) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer.

A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

History.—s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11; s. 2, ch. 2021-167.

Note.—Former s. 166.056.

F.S. 162.06 on Google Scholar

F.S. 162.06 on Casetext

Amendments to 162.06

Arrestable Offenses / Crimes under Fla. Stat. 162.06

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SYLVIA LANDFIELD TRUST A. v. CITY OF LOS ANGELES J., 729 F.3d 1189 (9th Cir. 2013)

. . . LAMC § 162.06; RACR §§ 1200.07-1200.11. . . . LAMC § 162.06(e)(3). . . .

In MORRISON S. v., 450 B.R. 734 (Bankr. W.D. Tenn. 2011)

. . . /06 $54 Friedman’s Jewelers 12/24/06 $50 Friedman’s Jewelers 12/26/06 $112 Dell Financial 12/29/06 $162.06 . . .

A. CIOLLI, v. CITY OF PALM BAY,, 59 So. 3d 295 (Fla. Dist. Ct. App. 2011)

. . . Pursuant to section 162.06, Florida Statutes (2003), the City was required to provide Ciolli with written . . .

MONROE COUNTY CODE ENFORCEMENT, v. L. CARTER,, 14 So. 3d 1019 (Fla. Dist. Ct. App. 2009)

. . . The appropriate procedure for this Part I administrative enforcement proceeding is found in section 162.06 . . . Section 162.06(2) provides that, “if a violation of the codes is found, the code inspector shall notify . . .

W. KUPKE, O. v. ORANGE COUNTY, FL,, 293 F. App'x 695 (11th Cir. 2008)

. . . . § 162.05, authorizes enforcement proceedings, § 162.06, and specifies procedures to be employed at . . . Stat. §§ 162.05; 162.06(1). . . .

GRAYDEN, v. RHODES,, 345 F.3d 1225 (11th Cir. 2003)

. . . . § 162.06(4).) . . .

I. MASSEY W. v. CHARLOTTE COUNTY,, 842 So. 2d 142 (Fla. Dist. Ct. App. 2003)

. . . . § 162.06(2), Fla. Stat. (2000). . . .

MIAMI- DADE COUNTY, v. BROWN,, 814 So. 2d 518 (Fla. Dist. Ct. App. 2002)

. . . requirements of the law when, erroneously believing that the County’s procedure conflicted with Sections 162.06 . . . The Circuit Court was persuaded by its reading of sections 162.06 and 162.09 which appear to require . . .

L. KIRBY, v. CITY OF ARCHER,, 790 So. 2d 1214 (Fla. Dist. Ct. App. 2001)

. . . The City’s lien arose from fines imposed pursuant to sections 162.06-162.11, Florida Statutes (1997), . . .

AMERICAN CHARITIES FOR REASONABLE FUNDRAISING REGULATION, INC. W. v. PINELLAS COUNTY, a, 32 F. Supp. 2d 1308 (M.D. Fla. 1998)

. . . . §§ 125.69(2)(a), 162.06 (West 1998). . . .

CITY OF TAMPA, v. W. A. BROWN, On, 711 So. 2d 1188 (Fla. Dist. Ct. App. 1998)

. . . See § 162.06, Fla. Stat. (1995). . . .

P. VERDI, Jr. v. METROPOLITAN DADE COUNTY, a, 684 So. 2d 870 (Fla. Dist. Ct. App. 1996)

. . . In section 162.06(4), the legislature clearly recognizes that certain code violations may be irreparable . . . Under Johnson, we simply may not presume that section 162.06(4) employs useless language. . . . In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify . . .

MICHAEL D. JONES, P. A. v. SEMINOLE COUNTY,, 670 So. 2d 95 (Fla. Dist. Ct. App. 1996)

. . . .§§ 162.06; 162.07; 162.11, Fla.Stat. (1993). . . .

Dr. KAPLAN, v. HIRSH,, 696 F.2d 1046 (4th Cir. 1982)

. . . Blackwelder, 405 F.2d 884 (4th Cir.1969); Moore’s Federal Practice 162.06, 1208.03. . . .

v. v. v., 22 B.T.A. 233 (B.T.A. 1931)

. . . $82,187.99, on account of “ overmaintenance charged to petitioner in the final settlement of 1920”; (4) by $162.06 . . .