repeat violation in Florida

2009Fla. 93-91 (1993) and 88-62 (1988). 2 See Alsop v. Pierce , 19 So. 2d 799 , 805 (Fla. 1944) (when the controlling law directs how a thing shall be done, it is, in effect, a prohibition against its being done in any other way). 3 "Repeat" is defined as "to make, do, or perform again[.]" Webster's Third New International Dictionary p. 1924 (Unabridged, 1981). 4 Section 162.09 (2)(a), Fla. Stat., provides: "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

1991Section 162.04 (5), F.S., defines "[r]epeat violation: to mean "a violation of a provision of a code or ordinance by a person whom the code enforcement board has previously found to have violated the same provision within 5 years prior to the violation . (e.s.) By definition, therefore, the code enforcement board would have to make a fining that a code provision has been violated before a "repeat violation: may be charged. 2 Accordingly, a code enforcement board must conduct a hearing and make a determination that a violation of a code provision has occurred before there may be a "repeat viola

2009However, 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." 5 Section 162.09 (3), Fla. Stat. 6 Reynolds v. State , 842 So. 2d 46 , 49 (Fla. 2002); State v. J.M ., 824 So. 2d 105 , 109 (Fla. 2002) (legislative intent is the polestar in statutory construction). 7 See Op. Att'y Gen.

2009However, 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." 5 Section 162.09 (3), Fla. Stat. 6 Reynolds v. State , 842 So. 2d 46 , 49 (Fla. 2002); State v. J.M ., 824 So. 2d 105 , 109 (Fla. 2002) (legislative intent is the polestar in statutory construction). 7 See Op. Att'y Gen.

1993Fla., 1991). 4 See, De Pass v. Chitty, 105 So. 148 (Fla. 1925); Marchand v. DeSoto Mortgage Company, 149 So.2d 357 (2 D.C.A.

1993Fla., 1991). 4 See, De Pass v. Chitty, 105 So. 148 (Fla. 1925); Marchand v. DeSoto Mortgage Company, 149 So.2d 357 (2 D.C.A.

1993Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 162.02 , F.S. 2 See, s. 162.05 , F.S., providing for the organization of such boards; and s. 162.09 , F.S., authorizing the imposition of administrative fines by an enforcement board upon notification by the code inspector that an order of the board has not been complied with by the set time or upon finding that a repeat violation has been committed. 3 Sarasota County v. Andrews, 573 So.2d 113 (2 D.C.A.

1992Petersburg Bank Trust Co. v. Hamm, 414 So.2d 1071 (Fla. 1982). 5 See , e.g ., Caloosa Property Owners Association, Inc. v. Palm Beach County Board of County Commissioners, 429 So.2d 1260 (1 D.C.A.

1992Petersburg Bank Trust Co. v. Hamm, 414 So.2d 1071 (Fla. 1982). 5 See , e.g ., Caloosa Property Owners Association, Inc. v. Palm Beach County Board of County Commissioners, 429 So.2d 1260 (1 D.C.A.

1989Limitations of Actions s. 4; and see, State, Department of Health and Rehabilitative Services, on Behalf of Gillespie v. West, 378 So.2d 1220 (Fla. 1979). 8 See, s. 95.011 , F.S. 9 See, 35 Fla.Jur.2d Limitations and Laches s. 15.