Florida Statute 162.6 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT

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F.S. 162.06

162.06 Enforcement procedure.—

(1)(a) It shall be the duty of the code inspector to initiate enforcement proceedings of the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

(b) A code inspector may not initiate enforcement proceedings for 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 respective local government before an enforcement proceeding may occur. This paragraph does not apply if the 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.

(2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.

(3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the code enforcement board.

(4) 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, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.

(5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall:

(a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.

(b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor.

(c) 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 code enforcement proceeding.

(d) 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 disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held.

History.—s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11; s. 2, ch. 2021-167.

Note.—Former s. 166.056.

F.S. 162.06 on Google Scholar

F.S. 162.06 on CourtListener

Amendments to 162.06

Annotations, Discussions, Cases:

Cases Citing Statute 162.06

Total Results: 28

Grayden v. Rhodes

345 F.3d 1225, 2003 U.S. App. LEXIS 19293, 2003 WL 22137047

Court of Appeals for the Eleventh Circuit | Filed: Sep 17, 2003 | Docket: 397767

Cited 277 times | Published

unilateral power to condemn a building. See Fla. Stat. § 162.06(4).) But the dissent’s competing view is well-taken

Massey v. Charlotte County

842 So. 2d 142, 2003 WL 255453

District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 1932131

Cited 13 times | Published

reasonable time to correct the violation. *145 § 162.06(2), Fla. Stat. (2000). If the violation is not

Verdi v. Metropolitan Dade County

684 So. 2d 870, 1996 WL 724135

District Court of Appeal of Florida | Filed: Dec 18, 1996 | Docket: 1481826

Cited 10 times | Published

violators *873 to comply with the Code. In section 162.06(4), the legislature clearly recognizes that

Seminole Tribe of Florida v. Marshall Stranburg

799 F.3d 1324, 2015 U.S. App. LEXIS 15061, 2015 WL 5023891

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2015 | Docket: 2687678

Cited 8 times | Published

land-leasing regulations. See 25 C.F.R. § 162.006(b) (noting that this part of the regulations does

City of Gainesville Code Enforcement Bd. v. Lewis

536 So. 2d 1148, 1988 WL 139520

District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 415743

Cited 5 times | Published

must notify the board and request a hearing. Section 162.06. Under the procedures set forth in section

State v. Smith

399 So. 2d 22

District Court of Appeal of Florida | Filed: May 19, 1981 | Docket: 1168241

Cited 4 times | Published

when deemed necessary or appropriate, 19 C.F.R. § 162.6 (1980), and that even if the search were proper

City of Tampa v. WA BROWN

711 So. 2d 1188, 1998 WL 193137

District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1337185

Cited 3 times | Published

notice of a hearing under section 162.12. See § 162.06, Fla. Stat. (1995). If the court finds a code

Monroe County Code Enforcement v. Carter

14 So. 3d 1019, 2009 Fla. App. LEXIS 5774, 2009 WL 1393689

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 2536325

Cited 2 times | Published

enforcement proceeding is found in section 162.06(2). Section 162.06(2) provides that, "if a violation

Ciolli v. City of Palm Bay

59 So. 3d 295, 2011 Fla. App. LEXIS 5418, 2011 WL 1431515

District Court of Appeal of Florida | Filed: Apr 15, 2011 | Docket: 60299671

Cited 1 times | Published

judgment as a matter of law. Id. Pursuant to section 162.06, Florida Statutes (2003), the City was required

Green Terrace E33, LLC v. Joseph Abruzzo, as Clerk and Comptroller for Palm Beach County, Florida

District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68029144

Published

notice of the proceedings to impose the lien. See § 162.06, Fla. Stat. (2022) (requiring notice of a code

Seminole Tribe of Florida v. Marshall Stranburg

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2015 | Docket: 2688881

Published

regulations. See 25 C.F.R. § 162.006(b) (noting that this part of the regulations