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Florida Statute 125.69 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 125
COUNTY GOVERNMENT
View Entire Chapter
125.69 Penalties; enforcement by code inspectors.—
(1) Violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. However, a county may specify, by ordinance, a violation of a county ordinance which is punishable by a fine in an amount exceeding $500, but not exceeding $2,000 a day, if the county must have authority to punish a violation of that ordinance by a fine in an amount greater than $500 in order for the county to carry out a federally mandated program. A county may also specify, by ordinance, that a violation of any provision of a county ordinance imposing standards of conduct and disclosure requirements as provided in s. 112.326 is punishable by a fine not to exceed $1,000 or a term of imprisonment in the county jail not to exceed 1 year.
(2) Each county is authorized and required to pay any attorney appointed by the court to represent a defendant charged with a criminal violation of a special law or county ordinance not ancillary to a state charge if the defendant is indigent and otherwise entitled to court-appointed counsel under the Constitution of the United States or the Constitution of the State of Florida. In these cases, the court shall appoint counsel to represent the defendant in accordance with s. 27.40, and shall order the county to pay the reasonable attorney’s fees, costs, and related expenses of the defense. The county may contract with the public defender or the office of criminal conflict and civil regional counsel for the judicial circuit in which the county is located to serve as court-appointed counsel pursuant to s. 27.54.
(3) If the county is the prevailing party, the county may recover the court fees and costs paid by it and the fees and expenses paid to court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court.
(4)(a) The board of county commissioners of each county may designate its agents or employees as code inspectors whose duty it is to assure code compliance. Any person designated as a code inspector may issue citations for violations of county codes and ordinances, respectively, or subsequent amendments thereto, when such code inspector has actual knowledge that a violation has been committed.
(b) A person designated as a code inspector may not initiate an investigation of 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 governing body of the respective board of county commissioners before an investigation occurs. This paragraph does not apply if the person designated as a 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.
(c) Prior to issuing a citation, a code inspector shall provide notice to the violator that the violator has committed a violation of a code or ordinance and shall establish a reasonable time period within which the violator must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code inspector finds that the violator has not corrected the violation within the time period, a code inspector may issue a citation to the violator. A code inspector does not have to provide the violator with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code inspector has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.
(d) A citation issued by a code inspector shall state the date and time of issuance, name and address of the person in violation, date of the violation, section of the codes or ordinances, or subsequent amendments thereto, violated, name of the code inspector, and date and time when the violator shall appear in county court.
(e) If a repeat violation is found subsequent to the issuance of a citation, the code inspector is not required to give the violator a reasonable time to correct the violation and may immediately issue a citation. For purposes of this subsection, the term “repeat violation” means a violation of a provision of a code or ordinance by a person who has previously been found to have violated the same provision within 5 years prior to the violation, notwithstanding the violations occurred at different locations.
(f) If the owner of property which is subject to an enforcement proceeding before county court transfers ownership of such property between the time the initial citation or citations are issued and the date the violator has been summoned to appear in county court, such owner shall:
1. Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.
2. Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the county court proceeding received by the transferor.
3. 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 county court proceeding.
4. 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 disclosure described in subparagraphs 1., 2., and 3. before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the date the violator has been summoned to appear in county court, the proceeding shall not be dismissed but the new owner will be substituted as the party of record and thereafter provided a reasonable period of time to correct the violation before the continuation of proceedings in county court.

(g) 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, or if after attempts under this section to bring a repeat violation into compliance with a provision of a code or ordinance prove unsuccessful, the local governing body may make all reasonable repairs which are required to bring the property into compliance and charge the owner 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.
(h) Nothing in this subsection shall be construed to authorize any person designated as a code inspector to perform any function or duties of a law enforcement officer other than as specified in this subsection. A code inspector shall not make physical arrests or take any person into custody and shall be exempt from requirements relating to the Special Risk Class of the Florida Retirement System, bonding, and the Criminal Justice Standards and Training Commission, as defined and provided by general law.
(i) The provisions of this subsection shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county.
(j) The provisions of this subsection may be used by a county in lieu of the provisions of part II of chapter 162.
(k) The provisions of this subsection are additional or supplemental means of enforcing county codes and ordinances. Except as provided in paragraphs (b) and (j), nothing in this subsection shall prohibit a county from enforcing its codes or ordinances by any other means.
History.—s. 3, ch. 69-234; ss. 1, 2, ch. 70-452; s. 1, ch. 79-379; s. 12, ch. 89-268; s. 1, ch. 90-37; s. 1, ch. 98-287; s. 1, ch. 99-360; s. 113, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s. 80, ch. 2003-402; s. 52, ch. 2004-265; s. 26, ch. 2007-62; s. 1, ch. 2010-112; s. 1, ch. 2021-167.

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Amendments to 125.69


Annotations, Discussions, Cases:

Cases Citing Statute 125.69

Total Results: 22  |  Sort by: Relevance  |  Newest First

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Kim D. Lee v. Luis Ferraro, 284 F.3d 1188 (11th Cir. 2002).

Cited 1232 times | Published | Court of Appeals for the Eleventh Circuit | 2002 U.S. App. LEXIS 3438, 2002 WL 340670

...imprisonment, in the discretion of the court having jurisdiction over the cause. Miami-Dade County Code of Ordinances, § 1-5(a). The prospect of incarceration plainly makes violating the horn ordinance a crime. See generally Fla. Stat. Ann. § 125.69(1) (stating that violations of county ordinances carrying possible jail sentences “shall be prosecuted in the same manner as misdemeanors are prosecuted”).4 4 We need not address Lee’s argument that the Miami-Dade ordinance improperly conflicted with the Florida horn honking statute....
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Joseph Richard Redner v. Charles S. Dean, Sheriff of Citrus Cnty., Florida, Robert A. Butterworth, 29 F.3d 1495 (11th Cir. 1994).

Cited 72 times | Published | Court of Appeals for the Eleventh Circuit | 1994 U.S. App. LEXIS 23252, 1994 WL 419484

...o provide false information which is intended to facilitate the issuance of a permit. Section 5-15. Violations Subject to Criminal Prosecution. Whoever violates any Section of SECTION 5 of this Ordinance may be prosecuted and punished as provided by Section 125.69, Florida Statutes (1985)....
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Movie & Video World, Inc. v. Bd. of Cnty. Commissioners, 723 F. Supp. 695 (S.D. Fla. 1989).

Cited 25 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 12310, 1989 WL 120556

...ed to be *714 unlawful, or an offense, or (2) whenever in this Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this Ordinance shall be punished as provided in Section 125.69, Florida Statutes, or its successor....
...he issuance of a License. O. Violations Subject to Criminal Prosecution. Whoever violates any section of Part III(B)(C) and IV (A through N) of this Code may be prosecuted by the County Attorney, Sheriff or State Attorney and punished as provided by Section 125.69, Florida Statutes (1985)....
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Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005).

Cited 22 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 184, 30 Fla. L. Weekly Fed. D 205

...olations of this division shall be punishable and its requirements enforced as provided under Sec. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statutes, § 901.15 and prosecution pursuant to Florida Statutes, § 125.69....
...Violations of this division shall be punishable and its requirements enforced as provided under Sec. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statutes, § 901.15 and prosecution pursuant to Florida Statutes, § 125.69....
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State v. Wise, 603 So. 2d 61 (Fla. 2d DCA 1992).

Cited 10 times | Published | Florida 2nd District Court of Appeal | 1992 WL 174154

...a violation of the criminal laws of this state or the criminal ordinances of any municipality or county." Since violations of county ordinances are typically misdemeanors, it is clear that section 901.151 is intended to permit temporary stops to investigate reported misdemeanors as well as felonies. See § 125.69(1), Fla....
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Davis v. State, 928 So. 2d 442 (Fla. 5th DCA 2006).

Cited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144464

...§ 900.03(2), Fla. Stat. (2001). Nor was appellate counsel ineffective for failing to raise lack of subject matter jurisdiction because the circuit court clearly had subject matter jurisdiction to prosecute this case. See Freeman, 761 So.2d at 1071. Section 125.69(1), Florida Statutes (2001), provides that violations of county ordinances shall be prosecuted in the same manner as misdemeanors....
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PP v. State, 466 So. 2d 1140 (Fla. 3d DCA 1985).

Cited 6 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 849

...ates given to the officer. The motion was denied and the juvenile P.P. was found delinquent as charged. This appeal follows. The juvenile P.P. was charged with violating Section 21-26(A)(3)(a), Code of Metropolitan Dade County [made a misdemeanor by § 125.69, Fla....
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Blue Moon Enter., Inc. v. Pinellas Cnty. Dep't of Consum. Prot., 97 F. Supp. 2d 1134 (M.D. Fla. 2000).

Cited 5 times | Published | District Court, M.D. Florida | 28 Media L. Rep. (BNA) 1865, 2000 U.S. Dist. LEXIS 6572

...The Code requires such establishments to obtain adult use licenses, which can be suspended or revoked for violations of various prohibited activities enumerated in the Code. Additionally, the enforcement provision of the Code states that such violations may be prosecuted and punished as provided by Florida Statutes section 125.69 (1990)....
...to the ordinances. See Pinellas County, Fla., Code §§ 42-86(b). Additionally, under the enforcement provisions of the article, section 42-60(c) authorizes prosecution and punishment for violations of Division 6 of the ordinance in accordance with section 125.69 of the Florida Statutes (1990). Florida Statutes section 125.69(1) provides: Violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted....
...risdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to *1145 exceed 60 days or by both such fine and imprisonment. Fla. Stat. ch. 125.69(1) (1990)....
...f employees to all other employees, regardless of their authority or power to prevent such activity. See Lady J. Lingerie, 176 F.3d at 1367. As noted, a violation of sections 42-138 and 42-139 may be penalized with imprisonment under Florida Statute section 125.69 (1990)....
...Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Fla. Stat. ch. 125.69(1) (1990)....
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State v. Smith, 584 So. 2d 145 (Fla. 2d DCA 1991).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 1991 WL 150412

...When the deputy approached the car, he observed an open beer bottle between the seats. He knew that, under Sarasota County Ordinance 87-41, it was unlawful to possess an open container of alcohol in a motor vehicle while the vehicle was on a public way. The ordinance declared this offense punishable pursuant to section 125.69, Florida Statutes (1987), i.e., as a misdemeanor....
...This court has held that a municipality *147 cannot adopt a criminal ordinance which creates a penalty more severe than a state criminal statute regulating the same conduct. Edwards. On the other hand, local governments can sometimes create local ordinances which criminalize conduct not governed by state statute. See § 125.69, Fla....
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Jorgenson v. Cnty. of Volusia, 625 F. Supp. 1543 (M.D. Fla. 1986).

Cited 3 times | Published | District Court, M.D. Florida | 1986 U.S. Dist. LEXIS 30265

...la or any simulation thereof within the establishment dealing in alcoholic beverages. Section 8 provides as penalties for violators of the ordinance a fine not greater than $500.00 or imprisonment in county jail no *1545 longer than 60 days or both. § 125.69, Fla.Stat....
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AURA NIGHTCLUB v. Orange Cnty., 166 F. Supp. 2d 1358 (M.D. Fla. 2001).

Published | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 22615, 2001 WL 1328520

...[2] Plaintiffs argue that violation of a civil code is not properly a criminal offense. However, in Section 25-21(a)(1), "Penalties and Remedies," the Rave Ordinance states, "a violation of this division may be punished as provided in section 1-9 of this code and Section 125.69 of Florida Statutes." Section 125.69(1) of Florida Statutes states: "Violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted....
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Nesmith v. State, 608 So. 2d 96 (Fla. 2d DCA 1992).

Published | Florida 2nd District Court of Appeal | 1992 Fla. App. LEXIS 11305, 1992 WL 312749

...the violation. In the absence of such evidence, the state failed to prove that the search was incident to a valid arrest. We therefore reverse the order denying suppression of the cocaine. Reversed and remanded. LEHAN, C.J., and RYDER, J., concur. . § 125.69, Fla.Stat....
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State v. Stevens, 421 So. 2d 41 (Fla. 3d DCA 1982).

Published | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21515

... This disparate information afforded the police officer with authority to arrest the defendant for furnishing false information, which is a violation of Metropolitan Dade County Code Section 21-26(A)(3)(a), punishable as a misdemean- or pursuant to Section 125.69, Florida Statutes (1979)....
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State v. Reed, 448 So. 2d 1102 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12493

...The other district courts of appeal in Florida have consistently held that there is no right to jury trial for petty offenses under the state constitution. State v. La-Valley, 362 So.2d 303 (Fla. 2d DCA), appeal dismissed, 366 So.2d 882 (Fla.1978) (zoning violation carrying a penalty for a misdemeanor under section 125.69, Florida Statutes (1977)); City of Tampa v....
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P.P. v. State, 466 So. 2d 1140 (Fla. Dist. Ct. App. 1985).

Published | District Court of Appeal of Florida | 10 Fla. L. Weekly 849, 1985 Fla. App. LEXIS 13105

...ates given to the officer. The motion was denied and the juvenile P.P. was found delinquent as charged. This appeal follows. The juvenile P.P. was charged with violating Section 21-26(A)(3)(a), Code of Metropolitan Dade County [made a misdemeanor by § 125.69, Fla.Stat.(1983) ], which provides as follows: “Firemen, policemen, service, execution of process; court order; hindering, obstructing justice....
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State v. LaValley, 362 So. 2d 303 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15961

...ists the possibility of incarceration for any period. The state now petitions for writ of certiorari to review the circuit court’s order. A violation of a county ordinance is a misdemeanor the maximum sentence of imprisonment for which is 60 days. Section 125.69, Florida Statutes (1977)....
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Katina Paese v. State of Florida (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...threatening to use force knew or reasonably should have known that the [victim] was a law enforcement officer.” § 776.032(1), Fla. Stat. (2020). This exception does not apply here because the code inspector is not a law enforcement officer. See § 125.69(4)(f), Fla....
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Jensen v. Pinellas Cnty., 198 So. 3d 754 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 2864, 2016 WL 746442

...m, excluding the hours of weekends and legal holidays. A person who violates the prohibition of this section is guilty of a violation of a county ordinance, punishable -9- as provided in F.S. § 125.69, as it may be amended, and the violation shall be prosecuted in the same manner as misdemeanors are prosecuted. (Ord....
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Bateman v. State, 240 So. 3d 36 (Fla. 3d DCA 2017).

Published | Florida 3rd District Court of Appeal

...unlawful compensation for official behavior in violation of section 838.016(1), Florida Statutes (2013); Count 2, unlawful compensation for exerting influence in violation of section 838.016(2), Florida Statutes (2013); Count 3, exploitation of official position in violation of section 125.69, Florida Statutes, (2013), and Miami-Dade County Code 2-11.1(g); Count 4, acquiring a financial interest in conflict with official actions, in violation of section 125.69, Florida Statutes (2013), and Miami-Dade County Code 2-11.1(o); Count 5, illegal lobbying in violation of section 125.69, Florida Statutes, (2013) and Miami-Dade County Code 2-11.1(s)....
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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

prosecuted and punished as provided by law. Section 125.69, F. S., as amended by Ch. 79-379, Laws of Florida
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Alexander v. State, 418 So. 2d 432 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20987

...A person obstructs justice when, with intent to prohibit the apprehension or obstruct the prosecution or defense of any person, the person knowingly commits any of the following actions: (a) Destroys, alters, conceals or disguises physical evidence, plants false evidence, or furnishes false information; or Pursuant to Section 125.69, Florida Statutes (1979), violation of an ordinance is prosecuted as a misdemeanor....
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Ago (Fla. Att'y Gen. 1995).

Published | Florida Attorney General Reports

is concern, however, that the requirement in section 125.69(1), Florida Statutes, that violations of county