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Florida Statute 162.12 | Lawyer Caselaw & Research
F.S. 162.12 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 162.12

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. 162.12
162.12 Notices.
(1) All notices required by this part must be provided to the alleged violator by:
(a) Certified mail, and at the option of the local government return receipt requested, to the address listed in the tax collector’s office for tax notices or to the address listed in the county property appraiser’s database. The local government may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.;
(b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body;
(c) Leaving the notice at the violator’s usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or
(d) In the case of commercial premises, leaving the notice with the manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board or the local government, notice may be served by publication or posting, as follows:
(a)1. Such notice shall be published in print in a newspaper or on a publicly accessible website as provided in s. 50.0311 for 4 consecutive weeks. If published in print, the notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements.
2. Proof of publication shall be made as provided in ss. 50.041 and 50.051.
(b)1. In lieu of publication as described in paragraph (a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county.
2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.
(c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1).
(3) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice.
History.s. 1, ch. 80-300; s. 11, ch. 86-201; s. 3, ch. 87-391; s. 10, ch. 89-268; s. 6, ch. 94-291; s. 6, ch. 99-360; s. 3, ch. 2000-125; s. 1, ch. 2012-13; s. 2, ch. 2013-193; s. 1, ch. 2014-154; s. 14, ch. 2021-17; s. 14, ch. 2022-103.
Note.Former s. 166.062.

F.S. 162.12 on Google Scholar

F.S. 162.12 on Casetext

Amendments to 162.12


Arrestable Offenses / Crimes under Fla. Stat. 162.12
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.12.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF FORT LAUDERDALE, v. SCOTT, v. G. Jr., 888 F. Supp. 2d 1279 (S.D. Fla. 2012)

. . . . § 162.12 (listing permissible notice methods for local code violations); Fort Lauderdale, Fla., Code . . .

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

. . . written notice of the Code Enforcement Board hearing by hand-delivery or mail as provided in section 162.12 . . . Section 162.12 states in relevant part: (1) All notices required by this part shall be provided to the . . .

ORIENTAL FINANCIAL GROUP, INC. v. FEDERAL INSURANCE COMPANY, INC., 598 F. Supp. 2d 199 (D.P.R. 2008)

. . . Courtney, 186 U.S. 342, 22 S.Ct. 833, 46 L.Ed. 1193 (1902); 11 Couch on Insurance 3D (1998), §§ 162.11 and 162.12 . . .

In HAMAN,, 366 B.R. 307 (Bankr. D. Del. 2007)

. . . her son’s development of psychological disorders, the Debtor has made fifteen monthly payments of $162.12 . . .

SAN XAVIER DEVELOPMENT AUTHORITY, v. CHARLES, a. k. a. d. b. a., 237 F.3d 1149 (9th Cir. 2001)

. . . . § 162.12(a) (2000). . . . Instead, the remedy for a violation of § 162.12(a) is found in 25 C.F.R. § 162.14, which provides in . . . In other words, § 162.14 protects a lessor whose lessee violates § 162.12 by subleasing the leasehold . . .

LITTLE v. D ALOIA d b a DWDW, 759 So. 2d 17 (Fla. Dist. Ct. App. 2000)

. . . The Littles contend the City did not comply with the statutory procedures set out in section 162.12, . . . These procedures are as follows: 162.12. . . . The City argues that it complied with the notice requirements outlined in section 162.12(1) by mailing . . . question here is not whether the owners actually received notice, which is not demanded by section 162.12 . . . hearing to either correct address, it failed to comply with the due process requirements of section 162.12 . . .

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

. . . determined that code enforcement board orders contained “notices” which require comphance with section 162.12 . . . If a notice is “required,” section 162.12 governs its delivery: 162.12 Notices.— (1) All notices required . . . When a code violation is discovered, the violator must receive a notice of a hearing under section 162.12 . . . that a copy of the order be provided to the violator, it cannot be a “required notice” under section 162.12 . . .

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

. . . enforcement board, but section 162.18 specifically provides that: It is the legislative intent of ss. 162.01-162.12 . . . Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes . . .

METROPOLITAN DADE COUNTY, a v. A. HERNANDEZ,, 708 So. 2d 1008 (Fla. Dist. Ct. App. 1998)

. . . Court evaluated this issue, concluding that such combining of Parts I and II was permitted: [S]eetion 162.12 . . .

MINNESOTA CHIPPEWA TRIBAL HOUSING CORPORATION, v. F. REESE, 978 F. Supp. 1258 (D. Minn. 1997)

. . . . § 162.12(c), it is settled law that the mere “connection with activities undertaken as part of functions . . .

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

. . . Section 162.12(1), Florida Statutes (1989), which authorizes the lien in this case, requires that the . . .

BROWN, L. J. L. B- v. UNITED STATES,, 86 F.3d 1554 (Fed. Cir. 1996)

. . . .§ 162.12; when an allottee makes a satisfactory showing of a violation of the lease or the leasing regulations . . .

BROWN, L. J. L. B- v. UNITED STATES,, 86 F.3d 1554 (Fed. Cir. 1996)

. . . . § 162.12; when an allottee makes a satisfactory showing of a violation of the lease or the leasing . . .

BROWN, v. UNITED STATES,, 32 Fed. Cl. 509 (Fed. Cl. 1994)

. . . Part 162, the Secretary must consider subleasing and assignment provisions, § 162.12, disapprove of leases . . .

WRIGHT, v. UNITED STATES,, 32 Fed. Cl. 54 (Fed. Cl. 1994)

. . . . §§ 162.5, 162.12. . . .

NRG COMPANY, v. UNITED STATES,, 31 Fed. Cl. 659 (Fed. Cl. 1994)

. . . . § 162.12 (an assignment of any permit may be made only with the approval of the Secretary of the Interior . . .

RED MOUNTAIN MACHINERY COMPANY, v. GRACE INVESTMENT COMPANY, a, 29 F.3d 1408 (9th Cir. 1994)

. . . . § 162.12(a) & (e) (1993). . . . Section 162.12 provides, in relevant part: (a) Except as provided in paragraphs (b), (c), and (d) of . . . bound by the terms of the lease and will assume in writing all the obligations thereunder. 25 C.F.R. § 162.12 . . .

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

. . . the complaint, the plaintiffs contend that all of chapter 162 and specifically sections 162.09 and 162.12 . . .

SEGUNDO, v. CITY OF RANCHO MIRAGE, a KAPP, v. CITY OF CATHEDRAL CITY, CALIFORNIA,, 813 F.2d 1387 (9th Cir. 1987)

. . . . §§ 162.8, 162.12. See also Central Machinery Co. v. . . .

M. DEEHL, v. WEISS,, 505 So. 2d 529 (Fla. Dist. Ct. App. 1987)

. . . . — It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means . . . Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes . . .

In E. VILLARS, C., 35 B.R. 868 (Bankr. S.D. Ohio 1983)

. . . The secured portion of the outstanding debts was thereby increased by the $21,-162.12 transfer, which . . . The process of liquidation was commenced at practically the same time as the transfer of the $21,-162.12 . . .

H. B. T. Jr. R. T. H. H. v., 80 T.C. 34 (T.C. 1983)

. . . Reclamation Other development Total 1961 September - December $690,853.43 1962 January $501,464.79 $162.12 . . .

MARSHALL, v. QUIK- TRIP CORPORATION, a R., 672 F.2d 801 (10th Cir. 1982)

. . . employees and the net amount of back wages for each were: Billie Monroe, $81.82 (I R. 52); Jim Anschutz, $162.12 . . .