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: Fla. | Date Filed: 2009-11-19T00:00:00-08:00

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: Fla. Att'y Gen. | Date Filed: 1998-08-12T00:53:00-07:00

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: Fla. | Date Filed: 1997-09-04T00:53:00-07:00

Citation: 699 So. 2d 235

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

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Court: Fla. Att'y Gen. | Date Filed: 1997-06-24T00:53:00-07:00

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: Fla. Att'y Gen. | Date Filed: 1995-01-26T23:53:00-08:00

Snippet: .05(2), Florida Statutes? In sum: While section 162.05(2), Florida Statutes, requires that members of …for violation of its codes or ordinances. Section 162.05(1), Florida Statutes, provides for the composition…therein. Accordingly, it is my opinion that section 162.05, Florida Statutes, does not impose a residency …manner other than as provided in Ch. 162). 3 Section 162.05(2), Fla. Stat. (1994 Supp.). 4 See, Op. Att'

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Court: Fla. Att'y Gen. | Date Filed: 1993-11-03T23:53:00-08:00

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

Miller v. First American Bank & Trust

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-02T00:00:00-08:00

Citation: 607 So. 2d 483, 1992 Fla. App. LEXIS 11359

Snippet: number of hours, Johnson would have had to work 162 five-day weeks consisting of seven-hour days on the

Miller v. First American Bank and Trust

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-01T23:53:00-08:00

Citation: 607 So. 2d 483

Snippet: number of hours, Johnson would have had to work 162 five-day weeks consisting of seven-hour days on the

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Court: Fla. Att'y Gen. | Date Filed: 1992-10-15T00:53:00-07:00

Snippet: council pursuant to Ch. 162, F.S.? SUMMARY: Section 162.05(4), F.S., provides that members of local government…statutorily prescribed enforcement procedure.5 Section 162.05, F.S., provides for the composition of and appointment…governments pursuant to Ch. 162, F.S. Pursuant to s. 162.05(4), F.S., "[m]embers [of the code enforcement

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Court: Fla. Att'y Gen. | Date Filed: 1991-12-18T23:53:00-08:00

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: Fla. Att'y Gen. | Date Filed: 1991-02-27T23:53:00-08:00

Snippet: (a), Art. II, State Const. As noted therein, s. 162.05(1), F.S., authorizing the appointment of legal … rather than to this office.7 RAB/tjw 1 See, s. 162.05(5), F.S., which provides that "[t]he local…Clyatt v. Hocker, 22 So. 721 (Fla. 1897). 4 See, s. 162.05(1), F.S., which states that the local governing

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Court: Fla. Att'y Gen. | Date Filed: 1988-12-29T23:53:00-08:00

Snippet: that chapter? 2. Are the provisions of s. 162.05(1), F.S., regarding absence from two of three consecutive… appears to exist. 2. The provisions of s. 162.05(1), F.S., apply to all meetings of the code enforcement…Florida Commission on Ethics.8 QUESTION TWO Section 162.05(1), F.S., authorizes the local governing body to…such vacancy." Nothing in the language of s. 162.05(1), F.S., defines or limits the term "meetings…restricting the term "meetings" as used in s. 162.05(1), F.S., I must conclude that the term embraces

City of Gainesville Code Enforcement Bd. v. Lewis

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-27T23:53:00-08:00

Citation: 536 So. 2d 1148

Snippet: and counsel for the city in violation of section 162.05(4), Florida Statutes (1985); (3) the amended lien… the complaint; (2) CEB did not violate Section 162.05(4) because the city attorney serves as prosecutor

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Court: Fla. Att'y Gen. | Date Filed: 1987-03-15T23:53:00-08:00

Snippet: statutorily prescribed enforcement procedure. Section 162.05, F.S. (1986 Supp.), provides for the composition…to Ch. 162, F.S. (1986 Supp.). Specifically, s. 162.05(1), F.S. (1986 Supp.), provides that a local governing…county or municipality, however designated). Section 162.05(2), F.S. (1986 Supp.), specifically provides for… shall promptly fill such vacancy. See also, s. 162.05(3) and (4), F.S. (1986 Supp.), providing for certain…in the presentation of cases to a board. Section 162.05, F.S. (1986 Supp.), does not provide for or authorize

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Court: Fla. Att'y Gen. | Date Filed: 1986-08-06T00:53:00-07:00

Snippet: enforcement boards as provided in Ch. 162, F.S. Section 162.05(1), F.S., as amended by s. 4, Ch. 86-201, provides

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Court: Fla. Att'y Gen. | Date Filed: 1985-10-29T23:53:00-08:00

Snippet: corroborates this information. See, AGO 85-68. Section 162.05(1), F.S., in relevant part, provides: "The

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Court: Fla. Att'y Gen. | Date Filed: 1985-08-27T00:53:00-07:00

Snippet: building, zoning and sign codes. Subsection (1) of s. 162.05, F.S., pertaining to the composition of the code…the code enforcement board, subsection (1) of s. 162.05, F.S., clearly provides: "The local governing…particular case. It seems clear from the language of s. 162.05(1), F.S., however, that the Legislature intended…governments other than as specified in ss. 162.03 and 162.05. While s. 162.13 permits a local governing body…162.06, or the legal counsel, provided for in s. 162.05(1). . . . (emphasis in the original) Accord, AGO