Florida Statutes

Fla. Stat. § 162.03 (2025)

Applicability.

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162.03 Applicability.—

(1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein.

(2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits.

History.—ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360; s. 63, ch. 2004-11.

Note.—Former s. 166.053.

Notes of Decisions

Cited in 13 cases (2 in the last 5 years), 1993–2024 · leading case: Grayden v. Rhodes, 345 F.3d 1225 (11th Cir. 2003).

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Grayden v. Rhodes, 345 F.3d 1225 (11th Cir. 2003). “Fla. Stat. § 162.03 . The Board has the authority to issue final orders having the force of law, id.”

Club Madonna, Inc. v. City of Miami Beach, 924 F.3d 1370 (11th Cir. 2019). “11 ; see also Fla Stat. Ann. § 162.03 (providing that special masters with enforcement authority have the "same status" as enforcement boards for purposes of Fla.”

City of Hollywood v. Mulligan, 934 So. 2d 1238 (Fla. 2006). · cites it 2× “See § 162.03, Fla. Stat. (1999). The City bears the burden of showing that the seizure was supported by probable cause.”

City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013). · cites it 2× “Section 162.03, Florida Statutes (2004), authorizes municipalities to establish by ordinance local code enforcement boards.”

DA Mortg., Inc. v. City of Miami Beach, 486 F.3d 1254 (11th Cir. 2007). “The plaintiffs argued that section 162.03, Florida Statutes, only allowed the City to “designate enforcement methods and penalties to be imposed for violation of ordinances adopted by the municipality.”

Verdi v. Metro. Dade Cnty., 684 So. 2d 870 (Fla. 3d DCA 1996). · cites it 3× “The trial court found the county's use of hearing officers for its code enforcement proceedings to be statutorily authorized by section 162.03(2), Florida Statutes, therefore, the court concluded that the hearing officer's findings and assessment of fines were not void and…”

Richbon, Inc. v. Miami-Dade Cnty., 791 So. 2d 505 (Fla. 3d DCA 2001). · cites it 4× “NOTES [1] It appears that Miami-Dade County uses special masters, rather than boards, as permitted by section 162.03, Florida Statutes (2000). The special master has the same status as a code enforcement board.”

City of Tampa v. Braxton, 616 So. 2d 554 (Fla. 2d DCA 1993). “We find persuasive the Florida Attorney General's Opinion 92-73 (October 15, 1992), which states that municipalities derive no home rule power from article VIII, section 2(b), of the state constitution to impose any duties or requirements on their code enforcement boards or…”

Metro. Dade Cnty. v. Hernandez, 708 So. 2d 1008 (Fla. 3d DCA 1998). · cites it 2× “First, section 162.03(2), Florida Statutes (1995), states that a county may "adopt an alternative code enforcement system which gives code enforcement boards or special masters [hearing officers], or both, the authority to hold hearings and assess fines against violators of .”

Michael Hayes & Debra Ferragamo-hayes v. Monroe Cnty., Florida (Fla. 3d DCA 2022). · cites it 6× “; see § 162.03(2), Fla. Stat. Part II provides for supplemental methods of enforcement within the judicial system.”

Miami-Dade Cnty. v. Brown, 814 So. 2d 518 (Fla. 3d DCA 2002). · cites it 2× “§ 162.03, Florida Statutes. Dade County adopted an alternative system of enforcement, Chapter 8CC, and specifically exempted itself from the provisions of Chapter 162, Florida Statutes.”

Sarasota Cnty. v. Bow Point on Gulf Condo., 974 So. 2d 431 (Fla. 2d DCA 2007). “Under section 162.03(2), the special magistrate enjoys the same status as the code enforcement board.”

Show all 13 citing cases →

— 162.03(1) — 1 case

— 162.03(2) — 6 cases

Verdi v. Metro. Dade Cnty., 684 So. 2d 870 (Fla. 3d DCA 1996). “The trial court found the county's use of hearing officers for its code enforcement proceedings to be statutorily authorized by section 162.03(2), Florida Statutes, therefore, the court concluded that the hearing officer's findings and assessment of fines were not void and…”

Richbon, Inc. v. Miami-Dade Cnty., 791 So. 2d 505 (Fla. 3d DCA 2001). “NOTES [1] It appears that Miami-Dade County uses special masters, rather than boards, as permitted by section 162.03, Florida Statutes (2000). The special master has the same status as a code enforcement board.”

Metro. Dade Cnty. v. Hernandez, 708 So. 2d 1008 (Fla. 3d DCA 1998). “First, section 162.03(2), Florida Statutes (1995), states that a county may "adopt an alternative code enforcement system which gives code enforcement boards or special masters [hearing officers], or both, the authority to hold hearings and assess fines against violators of .”

Michael Hayes & Debra Ferragamo-hayes v. Monroe Cnty., Florida (Fla. 3d DCA 2022). “; see § 162.03(2), Fla. Stat. Part II provides for supplemental methods of enforcement within the judicial system.”

Sarasota Cnty. v. Bow Point on Gulf Condo., 974 So. 2d 431 (Fla. 2d DCA 2007). “Under section 162.03(2), the special magistrate enjoys the same status as the code enforcement board.”

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