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Florida Statute 162.09 | Lawyer Caselaw & Research
F.S. 162.09 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT
View Entire Chapter
F.S. 162.09
162.09 Administrative fines; costs of repair; liens.
(1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a).
(2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation.
(b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
(c) An enforcement board may reduce a fine imposed pursuant to this section.
(d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b).
(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution.
History.s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89-268; s. 4, ch. 94-291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11.
Note.Former s. 166.059.

F.S. 162.09 on Google Scholar

F.S. 162.09 on Casetext

Amendments to 162.09


Arrestable Offenses / Crimes under Fla. Stat. 162.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF RIVIERA BEACH, a v. J B MOTEL CORP. N. A. N. A. F. S. B. f k a, 213 So. 3d 1102 (Fla. Dist. Ct. App. 2017)

. . . . § 162.09(1), Fla. Stat. (2003). . . . . § 162.09(3), Fla. Stat. (2003). . . . order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09 . . . Thus, when read in conjunction with section 162.09(3), the plain language of section 162.10 establishes . . .

CITY OF PALM BAY, v. WELLS FARGO BANK, N. A., 114 So. 3d 924 (Fla. 2013)

. . . that the ordinance irreconcilably conflicts with the mechanical recording statute provided in section 162.09 . . . The majority reasons that section 162.09(3) “contains no provision expressly authorizing municipalities . . . Because the language contained in sections 162.09, 695.11, and related provisions does not expressly . . . Section 162.09(3), Florida Statutes (2004), provides that “[a] certified copy of [a code enforcement] . . .

CITY OF BOYNTON BEACH, v. JANOTS, P., 101 So. 3d 864 (Fla. Dist. Ct. App. 2012)

. . . The City recorded the orders in the public record pursuant to section 162.09(3), Florida Statutes, which . . . In support of its ruling, the court relied on the presence of the term “petition” in section 162.09(3 . . . The court then reasoned as follows: section 162.09(3) requires a petition, a petition is one form of . . . pleading, so section 162.09(3) requires a pleading. . . . To determine what the term “petition” means in section 162.09(3), we must apply the well established . . .

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

. . . order in the public records in an attempt to create a lien in favor of the City pursuant to section 162.09 . . . Section 162.09(3) provides that a certified copy of a Code Enforcement Board order imposing a fine may . . .

S. OSBORNE, v. J. DUMOULIN,, 55 So. 3d 577 (Fla. 2011)

. . . County of Volusia, 618 So.2d 754, 756 (Fla. 5th DCA 1993) (“Although the statute [§ 162.09, Fla. . . .

MOUSTAKIS, v. CITY OF FORT LAUDERDALE,, 338 F. App'x 820 (11th Cir. 2009)

. . . Section 162.09 of the Florida Statutes provides that a local government may impose a fine for each day . . . Stat. 162.09(1), (2)(a). . . . Section 162.09(2)(a) of the Florida Statutes clearly provides a cap on the amount of fines that can accrue . . .

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

. . . . § 162.09(1). The Kupkes appealed the order to Florida’s Ninth Judicial Circuit. . . .

HON REALTY CORP. a v. FIRST AMERICAN TITLE INSURANCE CO. a, 291 F. App'x 951 (11th Cir. 2008)

. . . . § 162.09(3) (West 2000) (providing same). . . . Stat. § 162.09(3) expressly contemplates that a “certified copy of an order imposing a fine, or a fine . . .

A. STRATTON, v. SARASOTA COUNTY, a, 983 So. 2d 51 (Fla. Dist. Ct. App. 2008)

. . . Section 162.09(1), Florida Statutes (2004), permits a local code enforcement board to impose fines against . . . Section 162.09(2)(a) sets forth the permissible per diem fines and permits those fines to be imposed . . . Section 162.09(2)(b) sets forth the criteria to be used in determining the amount of the fine. . . . Section 162.09(2)(d) permits counties to impose higher fines than those set out in section 162.09(2)( . . . In addition to those higher fines, section 162.09(2)(d) permits a county to “impose additional fines . . .

In S. NEASE M., 391 B.R. 470 (Bankr. M.D. Fla. 2008)

. . . violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09 . . .

HENLEY, v., 971 So. 2d 998 (Fla. Dist. Ct. App. 2008)

. . . The violations in question were rendered pursuant to section 162.09(1), Florida Statutes (2005), which . . . on which the violation exists and upon any other real or personal property owned by the violator.” § 162.09 . . .

SCHWARZ, v. CITY OF TREASURE ISLAND,, 521 F. Supp. 2d 1307 (M.D. Fla. 2007)

. . . protection and procedural due process provisions of the United States and Florida Constitutions, and Section 162.09 . . . , Plaintiffs also argue that the CEB failed to observe the statutory procedures outlined in Section 162.09 . . . Accordingly, the City did not violate Plaintiffs’ due process rights or Section 162.09, Florida Statutes . . . due process rights pursuant to the United States and Florida Constitutions and Sections 162.11 and 162.09 . . .

TOWN OF LAKE PARK, v. F. GRIMES, Jr. E. a, 963 So. 2d 940 (Fla. Dist. Ct. App. 2007)

. . . Section 162.09, Florida Statutes, authorizes county or municipal code enforcement boards to levy fines . . . X of the State Constitution. § 162.09(3), Fla. Stat. (2006). Relying on language in Demura v. . . .

MATHIEU, v. CITY OF LAUDERDALE LAKES,, 961 So. 2d 363 (Fla. Dist. Ct. App. 2007)

. . . Section 162.09(3), Florida Statutes (2003), provides the mechanism and limitations of the liens created . . .

BROWARD COUNTY, v. RECUPERO,, 949 So. 2d 274 (Fla. Dist. Ct. App. 2007)

. . . See § 162.09(1), Fla. Stat. . . . records and thereafter shall constitute a lien against the land on which the violation exists .... ” § 162.09 . . .

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

. . . Specifically, Count II alleged that section 162.09(1), Florida Statutes and section ll-37(a), Orange . . . Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35 and ll-37( . . . Count TV alleged that section 162.09(1), Florida Statutes, and section ll-37(a), Orange County Code, . . . Section 162.09(1), Florida Statutes (1997) provided in pertinent part: An enforcement board, upon notification . . .

FONG, v. TOWN OF BAY HARBOR ISLANDS,, 864 So. 2d 76 (Fla. Dist. Ct. App. 2003)

. . . This was error under section 162.09(3), Florida Statutes (2000), which provides that “[a] fine imposed . . .

E. JONES, v. FLORIDA CITY OF WINTER HAVEN, a, 870 So. 2d 52 (Fla. Dist. Ct. App. 2003)

. . . See § 162.09(3), Fla. Stat. (2000). . . .

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

. . . A fine may become a lien on your property pursuant to Section 162.09, Florida Statutes. . . . for each day the violation continues past the date set by the enforcement board for compliance.” § 162.09 . . . the violator to correct the violation, and (3) any previous violations committed by the violator. § 162.09 . . . The Code Enforcement Board did not consider the factors required by section 162.09(2)(b) in determining . . . Moreover, even though section 162.09(2)(c) permits a code enforcement board to reduce any fine it imposes . . .

DELUCA PROPERTIES, INC. v. CITY OF WILDWOOD,, 830 So. 2d 206 (Fla. Dist. Ct. App. 2002)

. . . Section 162.09, Florida Statutes, provides that if an order of fine is recorded in the public records . . . Section 162.09 further provides that the fíne continues to accrue until the violator comes into compliance . . . Effective April 2000, the legislature amended section 162.09 to provide that local governments could . . .

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

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

UNITED STATES v. ALCORN,, 27 F. App'x 317 (6th Cir. 2001)

. . . . § 841, was 162.09 grams of methamphetamine. . . .

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

. . . property owned by him to satisfy a lien in favor of appellee, City of Archer, created pursuant to section 162.09 . . . of the Code Enforcement Board which levied the fine and led to the filing of the lien under section 162.09 . . .

UNITED STATES v. ALCORN,, 9 F. App'x 426 (6th Cir. 2001)

. . . The deputies recovered a total of 162.09 grams of methamphetamine from the vehicle. . . .

MONROE COUNTY, v. McCORMICK,, 752 So. 2d 1239 (Fla. Dist. Ct. App. 2000)

. . . court erred by failing to grant it a set-off based on a code enforcement lien, pursuant to section 162.09 . . . on which the violation exists and upon any other real or personal property owned by the violator.” § 162.09 . . . code enforcement lien cannot be foreclosed against her real property as it is homestead property. § 162.09 . . . Further, section 162.09(3) states that “[u]pon petition to the circuit court, such [code enforcement] . . .

CITY OF GAINESVILLE, A v. F. ENGLERT a k a D. F. J., 716 So. 2d 817 (Fla. Dist. Ct. App. 1998)

. . . the trial court concluded that the only enforcement method available to the city pursuant to section 162.09 . . .

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

. . . issue in this case is whether a code enforcement board order entered pursuant to sections 162.07 and 162.09 . . . See § 162.09, Fla. Stat. (1995). . . . violator fails to comply with the section 162.07 order, a second order may be entered under section 162.09 . . . See § 162.09(3), Fla. Stat. (1995). It is this type of order which is the subject of this case. . . . Section 162.09, however, does not provide for a hearing and does not require that the order entered be . . .

GOODMAN, v. COUNTY COURT IN BROWARD COUNTY, FLORIDA, 711 So. 2d 587 (Fla. Dist. Ct. App. 1998)

. . . circuit court, in its appellate capacity, found that the county court had jurisdiction under sections 162.09 . . .

MONROE COUNTY, v. WHISPERING PINES ASSOCIATES,, 697 So. 2d 873 (Fla. Dist. Ct. App. 1997)

. . . On cross-appeal, the park argues that section 162.09 Florida Statutes (1995) does not authorize holding . . . present landowner, hable for a past landowner’s code violation, and further, that to the extent section 162.09 . . . Section 162.09 Florida Statutes provides in part: (1) An enforcement board, upon notification by the . . .

MONROE COUNTY, v. McCORMICK,, 692 So. 2d 214 (Fla. Dist. Ct. App. 1997)

. . . a certified copy of the order was recorded in the Monroe County Public Records pursuant to section 162.09 . . .

DENBY, v. DEPARTMENT OF REVENUE DENBY,, 685 So. 2d 982 (Fla. Dist. Ct. App. 1997)

. . . then ordered the former husband to pay the ar-rearage at “$52 per week until paid in full” and to pay $162.09 . . . The former husband also argues the trial court imposed $162.09 costs by written order without allowing . . .

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

. . . Chapter 162 (or the “Local Government Code Enforcement Boards Act”) as evinced in sections 162.02 and 162.09 . . . in counties and municipalities, where a pending or repeated violation continues to exist. . .Section 162.09 . . .

PERSONAL REPRESENTATIVE OF ESTATE OF JACOBSON, v. ATTORNEYS TITLE INSURANCE FUND, INC., 685 So. 2d 19 (Fla. Dist. Ct. App. 1996)

. . . In addition, section 162.09(3), Florida Statutes (1989) states that, if the lien is to be recorded in . . .

F. DOTY, v. CITY OF TAMPA, a, 947 F. Supp. 468 (M.D. Fla. 1996)

. . . In Count IV, Doty seeks a declaratory judgment that Section 162.09, Fla.Stat. (1993), is unconstitutional . . .

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

. . . Although boards can assert a lien against real or personal property, presumably section 162.09 would . . . PETERSON, C.J., and GRIFFIN, JJ., concur. . § 162.09, Fla.Stat. (1993). . See State ex rel. . . .

C. MISKIN, v. CITY OF FORT LAUDERDALE, a, 661 So. 2d 415 (Fla. Dist. Ct. App. 1995)

. . . Eventually, the City recorded the order as a lien in the public records pursuant to section 162.09, Florida . . . Specifically, section 162.09(3) provides: A certified copy of an order imposing a fine may be recorded . . .

COUNTY COLLECTION SERVICES, INC. a v. ALLEN,, 650 So. 2d 650 (Fla. Dist. Ct. App. 1995)

. . . We note further that because section 162.09(3), Florida Statutes (1993), provides for the continued accrual . . .

PROPERTY RIGHTS PROTECTION GROUP, INC. a H. St. a A. v. CITY OF TAMPA, a, 627 So. 2d 61 (Fla. Dist. Ct. App. 1993)

. . . In the complaint, the plaintiffs contend that all of chapter 162 and specifically sections 162.09 and . . .

A. DEMURA L. v. COUNTY OF VOLUSIA, a, 618 So. 2d 754 (Fla. Dist. Ct. App. 1993)

. . . property of the Plaintiff, and accordingly, neither the statutory nor constitutional prohibitions of Sec. 162.09 . . . Section 162.09(3), Florida Statutes (1991), provides in pertinent part: A certified copy of an order . . .

CITY OF TAMPA, a FOR USE AND BENEFIT OF CITY OF TAMPA CODE ENFORCEMENT BOARD, v. BRAXTON A. s s s, 616 So. 2d 554 (Fla. Dist. Ct. App. 1993)

. . . intended to confer the right to maintain' an action at law to collect the fine when it enacted section 162.09 . . . The City contends that the following language in the 1989 amendment to section 162.09(3) authorizes a . . . Section 162.09(3), Florida Statutes (1989): A certified copy of an order imposing a fine may be recorded . . .

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

. . . Section 162.09, Fla. . . .

SARASOTA COUNTY, a v. V. ANDREWS, J. NCNB COAST FEDERAL SAVINGS AND LOAN ASSOCIATION, v. SARASOTA COUNTY, a, 573 So. 2d 113 (Fla. Dist. Ct. App. 1991)

. . . Section 162.09 provides that the recording of a certified copy of an order imposing a fine constitutes . . . Section 11 of the ordinance mirrors the procedure referred to in section 162.09 but additionally stipulates . . .

SAWYER v. CODE ENFORCEMENT BOARD CITY OF BOCA RATON,, 42 Fla. Supp. 2d 70 (Fla. Cir. Ct. 1990)

. . . Section 162.09(2), Florida Statutes. . . .

CITY OF LAUDERHILL, v. D. PHILPART Co., 561 So. 2d 479 (Fla. Dist. Ct. App. 1990)

. . . the claim of lien filed by the Code Enforcement Board was not certified, it was unenforceable under § 162.09 . . .

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

. . . Fla. 86-10 (January 29, 1986) (“AGO 86-10”) which interpreted section 162.09 to mean that a municipality . . . Fla. 85-84 (October 25, 1985) (“AGO 85-84”) which interpreted § 162.09 to mean that a code enforcement . . . Section 162.09 authorizes the board, upon notification by the code inspector that a previous order of . . . AGO 85-84 interpreted section 162.09 to require that a code enforcement board make a separate finding . . . The plain language of section 162.09 provides that a board may assess a fine when notified that “... . . .

CHATLOS SYSTEMS, INC. a v. NATIONAL CASH REGISTER CORPORATION NCR CORPORATION CHATLOS SYSTEMS, INC. No. NCR CORPORATION, INC. No., 635 F.2d 1081 (3d Cir. 1980)

. . . discarded “market value” because that term was “conspicuously lacking” from § 2-714, and began with $70,-162.09 . . .