Florida Statute 162.06 | 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. 162.06

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 Casetext

Amendments to 162.06

Arrestable Offenses / Crimes under Fla. Stat. 162.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.06.

Annotations, Discussions, Cases:

Cases Citing Statute 162.06

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

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

Thorpe v. Myers

Court: District Court of Appeal of Florida | Date Filed: 2011-07-15

Citation: 67 So. 3d 338, 2011 WL 2731937

Snippet: petition, Ms. Thorpe alleged that she had spent 162.6 hours on the case between October 7, 2009, and January

Ciolli v. City of Palm Bay

Court: District Court of Appeal of Florida | Date Filed: 2011-04-15

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

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

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Court: Florida Attorney General Reports | Date Filed: 2010-07-29

Snippet: (1985), and 84-55 (1984). 7 Section 162.06(2), Fla. Stat. 8 Section 162.06(5), Fla. Stat. 9 Section 162.02

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Court: Florida Attorney General Reports | Date Filed: 2009-08-26

Snippet: enforcement of local codes is set forth in section 162.06, Florida Statutes. As noted above, it appears that

Monroe County Code Enforcement v. Carter

Court: District Court of Appeal of Florida | Date Filed: 2009-05-20

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

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

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Court: Florida Attorney General Reports | Date Filed: 2009-05-06

Snippet: individual for a repeat code violation under section 162.06(3), Florida Statutes, when there is a prior adjudication

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Court: Florida Attorney General Reports | Date Filed: 2005-04-28

Snippet: See ss. 162.04(2), defining "[c]ode inspector", 162.06, setting forth enforcement procedures, and 162

Dufour v. State

Court: Supreme Court of Florida | Date Filed: 2005-04-14

Citation: 905 So. 2d 42, 2005 WL 851026

Snippet: undue jury prejudice. See Dufour, 495 So.2d at 162. [6] On direct appeal, this Court rejected Dufour's

Knowles v. Beverly Enterprises-Florida

Court: Supreme Court of Florida | Date Filed: 2004-12-16

Citation: 898 So. 2d 1, 2004 WL 2922097

Snippet: 162, Fla. Stat. (1997). Specifically, section 400.162(6) states: In the event of the death of a resident

Massey v. Charlotte County

Court: District Court of Appeal of Florida | Date Filed: 2003-02-07

Citation: 842 So. 2d 142, 2003 WL 255453

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

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Court: Florida Attorney General Reports | Date Filed: 2002-12-17

Snippet: Section 162.13, Fla. Stat. 3 Section 162.06, Fla. Stat. 4 Sections 162.06-162.08, Fla. Stat. 5 Cf., Op. Att'y

Miami-Dade County v. Brown

Court: District Court of Appeal of Florida | Date Filed: 2002-04-24

Citation: 814 So. 2d 518, 2002 Fla. App. LEXIS 5238, 2002 WL 662885

Snippet: the County’s procedure conflicted with Sections 162.06 and 162.09, Florida Statutes, it reversed the Hearing

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Court: Florida Attorney General Reports | Date Filed: 2002-04-04

Snippet: Stat. 2 Section 162.04(2), Fla. Stat. 3 Section 162.06(1), Fla. Stat. 4 Id. 5 Mapp v. Ohio, 367 U.S. 643

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Court: Florida Attorney General Reports | Date Filed: 2001-10-30

Snippet: Section 162.06(1), Fla. Stat. 9 Section 162.06(2), Fla. Stat. Subsection (3) and (4) of s.162.06, Fla.

Kirby v. City of Archer

Court: District Court of Appeal of Florida | Date Filed: 2001-08-06

Citation: 790 So. 2d 1214, 2001 WL 877397

Snippet: lien arose from fines imposed pursuant to sections 162.06-162.11, Florida Statutes (1997), by the City's

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Court: Florida Attorney General Reports | Date Filed: 2000-06-13

Snippet: codes in any manner other than as provided in Ch. 162). 6 City of Tampa v. Braxton, 616 So.2d 554, 556 (Fla

City of Tampa v. WA BROWN

Court: District Court of Appeal of Florida | Date Filed: 1998-04-24

Citation: 711 So. 2d 1188, 1998 WL 193137

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

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Court: Florida Attorney General Reports | Date Filed: 1997-05-16

Snippet: (1986). 3 Section 162.06(2), Fla. Stat. (1996 Supp.). Subsection (3) and (4) of s. 162.06, Fla. Stat. (1996

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Court: Florida Attorney General Reports | Date Filed: 1997-02-21

Snippet: 13, Fla. Stat. 2 Section 162.06, Fla. Stat. (1996 Supp.). 3 Sections 162.06-162.08, Fla. Stat. 4 See