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. 162.07

162.07 Conduct of hearing.—

(1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties.

(2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3).

(3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

History.—s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89-268; s. 3, ch. 94-291; s. 1443, ch. 95-147; s. 2, ch. 95-297.

Note.—Former s. 166.057.

F.S. 162.07 on Google Scholar

F.S. 162.07 on Casetext

Amendments to 162.07

Arrestable Offenses / Crimes under Fla. Stat. 162.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.07.

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 § 162.07; RACR §§ 1200.05, 1200.13A. . . . LAMC § 162.07; RACR § 1200.13(B). . . . See LAMC § 162.07; RACR § 1200.13. These are legitimate goals. . . .

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

. . . authorizes enforcement proceedings, § 162.06, and specifies procedures to be employed at Board hearings, § 162.07 . . .

WILSON, Sr. v. COUNTY OF ORANGE,, 881 So. 2d 625 (Fla. Dist. Ct. App. 2004)

. . . Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35 and ll-37( . . .

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

. . . . § 162.07(3), (4), Fla. Stat. (2000). . . . .” § 162.07(4). . . .

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

. . . The sole issue in this case is whether a code enforcement board order entered pursuant to sections 162.07 . . . If the court finds a code violation at the hearing, it enters an order pursuant to section 162.07. . . . If the violator fails to comply with the section 162.07 order, a second order may be entered under section . . .

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). . . .

ELLISON, v. KOPSTEIN, In Z. KOPSTEIN,, 171 B.R. 879 (Bankr. N.D. Cal. 1994)

. . . referred to Paradise Cove Realty Company parcel; thence along said Southeasterly line North 29° 35' East 162.07 . . .

ARES v. CITY OF ORLANDO, 49 Fla. Supp. 2d 57 (Fla. Cir. Ct. 1991)

. . . Additionally, Florida Statutes 162.07(3) requires that the Code Enforcement Board observe fundamental . . . due process in their proceedings: 162.07(3) An enforcement board shall proceed to hear the cases on . . . Florida Statute 162.07(4), is as follows in part: At the conclusion of the hearing, the enforcement board . . .

HUNT v. MIAMI SHORES VILLAGE AND CODE ENFORCEMENT BOARD, 47 Fla. Supp. 2d 41 (Fla. Cir. Ct. 1991)

. . . Section 162.07, Fla. Stat. describes the conduct of hearings. . . .

CITY OF GAINESVILLE CODE ENFORCEMENT BOARD, v. J. LEWIS L., 536 So. 2d 1148 (Fla. Dist. Ct. App. 1988)

. . . Under the procedures set forth in section 162.07, the board must issue findings of fact, conclusions . . .

A. L. v., 24 B.T.A. 1056 (B.T.A. 1931)

. . . in question; that Cavanaugh asked him to have a waiver executed for that year for a deficiency of $162.07 . . . corporation execute a waiver for the year “ ended January 31,1918, to cover the additional tax of $162.07 . . .