Florida/Georgia Personal Injury & Workers Compensation

(same); accord Restatement (Second) of Contracts § 162(2) ; Prosser and Keaton on Torts § 108, at 753-54;

01, Fla. Stat.; 11 Fla.Jur.2d 469, Contracts § 162. [2] The actual basis of the denial of certiorari

...Thus, the trial court dismissed this action with prejudice on the grounds that it was barred by the doctrine of res judicata. II Verdi argues on this appeal that the trial court erred because the legislative intent of Part I of Chapter 162 (or the "Local Government Code Enforcement Boards Act") as evinced in sections 162.02 [2] and 162.09(1) [3] was to authorize the creation of administrative proceedings to address only pending or repeat code violations and not past violations....

...en v. Florida Dep't of Envtl. Regulation, 448 So.2d 566, 568-69 (Fla. 2d DCA 1984), approved and adopted, 472 So.2d 460 (Fla. 1985). Affirmed. NOTES [1] Although the complaint was subsequently amended, the relief sought was essentially the same. [2] Section 162.02 reads: It is the intent of this part to promote, protect, and improve the health, safety and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority t...

...administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation exists." Section 162.02, Fla....

...Chapter 162, Florida Statutes (1993), provides local code enforcement boards with the authority to "impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla....

...(1985), the "Local Government Code Enforcement Boards Act", authorizes counties and municipalities to create a code enforcement board to enforce local codes and ordinances which have no criminal penalties, where a pending or repeated violation continues to exist. Section 162.02....

...[1] pursuant to section 26.012, Florida Statutes (1997). We disagree. Section 26.012(1) specifically confers circuit court jurisdiction over "appeals from final administrative orders of local government code enforcement boards " (emphasis supplied). Section 162.02, Florida Statutes (1997), authorizes the creation of such boards "to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinan...

...s Part I proceeding, the notice of violation need only state the date the inspector found the violation. The purpose of Part I is to "provide an equitable, expeditious, effective, and inexpensive method of enforcing any code and ordinance in force." § 162.02....

...e enforcement boards the authority to "impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla....

Robert A. Butterworth Attorney General (ls) 1 Section 162.02, F.S. 2 See, AGO 86-10 in which this office

continues to exist.5 The plain language of section 162.02, Florida Statutes, setting forth the legislative

...counties and municipalities of this state by authorizing the creation of administrative boards to provide an equitable, expeditious, effective, and inexpensive method of enforcing the technical codes in force in counties and municipalities . . . ." Section 162.02 , F.S....

their assistance in addressing this problem. 1 Section 162.02, F.S. 2 See, AGO's 86-10, 85-84, 85-27, 85-17

intent for adopting the act is expressed in section 162.02, Florida Statutes: "It is the intent of this

Robert A. Butterworth Attorney General RAB/tjw 1 Section 162.02, F.S. 2 See, s. 162.05, F.S., providing for

...months from the filing of a lien which remains unpaid. In light of the above, I am of the opinion that the city council does not possess the authority to reduce a fine imposed by a code enforcement board pursuant to Part I, Ch. 162 , F.S. RAB/tjw 1 Section 162.02 , F.S....

Robert A. Butterworth Attorney General (gh) 1 Section 162.02, F.S., as amended by s. 1, Ch. 89-268, Laws

...to perform his or her duties is an officer for purposes of Article II , Section 5 (a), Florida Constitution. Chapter 162 , Florida Statutes is the "Local Government Code Enforcement Boards Act." 1 The statutory intent behind the act is expressed in section 162.02 , Florida Statutes: "It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards w...

...ement special master who contracts with a municipality to perform his or her duties is an officer for purposes of Article II , Section 5 (a), Florida Constitution. Sincerely, Richard E. Doran Attorney General RED/tgh 1 See , s. 162.01 , Fla. Stat. 2 Section 162.02 , Fla....

the Accountable Plan Regulation. See 26 C.F.R. § 162-2; id. § 31.3121(a)-3 (incorporating the requirements

license, fire, building, zoning, and sign codes.' Section 162.02, F.S. In AGO 84-55, this office concluded that

Stat., providing the title for the act. 2 Section 162.02, Fla. Stat. 3 Section 162.03(1), Fla. Stat

Fla. Stat. 8 Section 162.06(5), Fla. Stat. 9 Section 162.02, Fla. Stat. 10 And see Inf. Op. to Dellagloria

Attorney General RAB/tls 1 Section 162.01, F.S. 2 Section 162.02, F.S. Such authorization is necessary for the

Robert A. Butterworth Attorney General RAB/tgk 1 Section 162.02, Florida Statutes. 2 See, Attorney General

...tate by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances.... § 162.02, Fla....

...epair but not prosecution costs, I am of the opinion that a lien may not be imposed by the code enforcement board for failure to pay prosecution costs. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, s. 162.01 , Fla. Stat. (1993). 2 Section 162.02 , Fla....

Stat., provides the short title for the act. 2 Section 162.02, Fla. Stat., provides legislative intent for

administrative fines on, a traffic infraction. Section 162.02, F.S. (1986 Supp.), provides that the legislative

ordinary and necessary business requirements of § 162. 2. Capitalizing the Trenching Costs onto the Underground

Robert A. Butterworth Attorney General RAB/tlt 1 Section 162.02, Fla. Stat. 2 Id. Based on provisions of the

...hout the owner's consent, but does not substitute for a judicial warrant necessary to arrest the owner. Sincerely, Bill McCollum Attorney General BM/tals 1 City of Hallandale Beach, Florida, Unsafe Structures Board Order #03-08, November 10, 2008. 2 Section 162.02 , Fla....

Robert A. Butterworth Attorney General RAB/tgh 1 Section 162.02, Fla. Stat. 2 Section 162.04(2), Fla. Stat

...een afforded the opportunity to be appointed to serve on the City of Miami's Code Enforcement Board. Chapter 162 , Florida Statutes, is the "Local Government Code Enforcement Boards Act." 8 The legislative intent for adopting the act is expressed in section 162.02 , Florida Statutes: "It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards w...

...notice and a time-to-cure period. However, Chapter 162, Florida Statutes, which grants counties and municipalities the authority to create administrative boards to impose penalties where a violation of its code and ordinance exists, Florida Statutes § 162.02, confers on local government the authority to either adopt Chapter 162, or completely abolish Chapter 162 and adopt an alternative code enforcement system....

violator. RAB/tjw 1 Section 162.01, F.S. 2 Section 162.02, F.S. Authorization was necessary for the creation

enforcing county or municipal technical codes. Section 162.02, F.S. The local code inspectors are the authorized