Florida Statute 162.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT

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F.S. 162.05

162.05 Local government code enforcement boards; organization.—

(1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members.

(2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.

(3)(a) The initial appointments to a seven-member code enforcement board shall be as follows:

1. Two members appointed for a term of 1 year each.

2. Three members appointed for a term of 2 years each.

3. Two members appointed for a term of 3 years each.

(b) The initial appointments to a five-member code enforcement board shall be as follows:

1. One member appointed for a term of 1 year.

2. Two members appointed for a term of 2 years each.

3. Two members appointed for a term of 3 years each.

Thereafter, any appointment shall be made for a term of 3 years.

(c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board.

(d) A member may be reappointed upon approval of the local governing body.

(e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member’s office vacant, and the local governing body shall promptly fill such vacancy.

(f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards.

(4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law.

(5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.

History.—s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147.

Note.—Former s. 166.055.

F.S. 162.05 on Google Scholar

F.S. 162.05 on Casetext

Amendments to 162.05

Arrestable Offenses / Crimes under Fla. Stat. 162.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.05.

Annotations, Discussions, Cases:

Cases Citing Statute 162.05

Total Results: 20

In Re Amendments to the Rules Regulating the Florida Bar

Court: Supreme Court of Florida | Date Filed: 2009-11-19

Citation: 24 So. 3d 63, 34 Fla. L. Weekly Supp. 628, 2009 Fla. LEXIS 1949, 2009 WL 3858062

Snippet: further proceedings according to rule 10-7.1(b)(6). *162 (5) If a response or defense filed by a respondent

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Court: Florida Attorney General Reports | Date Filed: 1998-08-12

Snippet: Attorney General RAB/tjw 1 See, ss. 162.03 and 162.05, Fla. Stat. And see, s. 162.02, Fla. Stat., setting

Abernethy v. Fishkin

Court: Supreme Court of Florida | Date Filed: 1997-09-04

Citation: 699 So. 2d 235, 1997 WL 539436

Snippet: equitable distribution under the USFSPA. Id. at 162.[5] Alternatively, *238 the district court affirmed

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Court: Florida Attorney General Reports | Date Filed: 1997-06-24

Snippet: Stat. 5 Section 162.05(1), Fla. Stat. 6 Section 162.05(2), Fla. Stat. 7 Section 162.05, Fla. Stat. 8 See

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Court: Florida Attorney General Reports | Date Filed: 1995-01-27

Snippet: 05(2), Florida Statutes? In sum: While section 162.05(2), Florida Statutes, requires that members of

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Court: Florida Attorney General Reports | Date Filed: 1993-11-04

Snippet: General RAB/tjw 1 Section 162.02, F.S. 2 See, s. 162.05, F.S., providing for the organization of such boards;

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Court: Florida Attorney General Reports | Date Filed: 1992-10-15

Snippet: council pursuant to Ch. 162, F.S.? SUMMARY: Section 162.05(4), F.S., provides that members of local government

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Court: Florida Attorney General Reports | Date Filed: 1991-12-19

Snippet: 1980). 11 Supra, footnote 9 at 1326. 12 537 So.2d 162 (5 D.C.A. Fla., 1989), reviewdenied, 545 So.2d 1367

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Court: Florida Attorney General Reports | Date Filed: 1991-02-28

Snippet: 5(a), Art. II, State Const. As noted therein, s. 162.05(1), F.S., authorizing the appointment of legal

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Court: Florida Attorney General Reports | Date Filed: 1988-12-30

Snippet: that chapter? 2. Are the provisions of s. 162.05(1), F.S., regarding absence from two of three consecutive

City of Gainesville Code Enforcement Bd. v. Lewis

Court: District Court of Appeal of Florida | Date Filed: 1988-12-28

Citation: 536 So. 2d 1148, 1988 WL 139520

Snippet: and counsel for the city in violation of section 162.05(4), Florida Statutes (1985); (3) the amended lien