Florida Statute 162.07 | 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. 162.07

162.07 Conduct of hearing.—

(1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties.

(2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3).

(3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.

(4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.

History.—s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89-268; s. 3, ch. 94-291; s. 1443, ch. 95-147; s. 2, ch. 95-297.

Note.—Former s. 166.057.

F.S. 162.07 on Google Scholar

F.S. 162.07 on Casetext

Amendments to 162.07

Arrestable Offenses / Crimes under Fla. Stat. 162.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.07.

Annotations, Discussions, Cases:

Cases Citing Statute 162.07

Total Results: 20

MICHAEL HAYES AND DEBRA FERRAGAMO-HAYES v. MONROE COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-01-11T23:53:00-08:00

Snippet: conclusion of any code enforcement hearing. § 162.07(4), Fla. Stat.; see also Massey v. Charlotte County…basic findings supported by evidence. See id.; § 162.07(4), Fla. Stat; see also Borges v. Dep’t of Health

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Court: Fla. Att'y Gen. | Date Filed: 2009-02-10T23:53:00-08:00

Snippet: following questions: 1. Do the provisions of section 162.07(2), Florida Statutes, which permit the recovery…incurred in such a prosecution? 2. Under section 162.07(2), Florida Statutes, is a code enforcement board… prosecution? In sum: The provisions of section 162.07(2), Florida Statutes, which authorize the recovery…prosecuted a party before the board. Pursuant to section 162.07(2), Florida Statutes, and a local ordinance which…Government Code Enforcement Boards Act.1 Section 162.07(2), Florida Statutes, provides that: "Each

Jews for Jesus, Inc. v. Rapp

Court: Fla. | Date Filed: 2008-10-23T00:00:00-07:00

Citation: 997 So. 2d 1098

Snippet: manner or sexually offensive comments. 863 So.2d at 162.[7] Importantly, none of these cases actually involved

Wilson v. County of Orange

Court: Fla. Dist. Ct. App. | Date Filed: 2004-08-06T00:00:00-07:00

Citation: 881 So. 2d 625

Snippet: opportunity to be heard. Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11

Massey v. Charlotte County

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-06T23:53:00-08:00

Citation: 842 So. 2d 142

Snippet: violator and must make findings and issue an order. § 162.07(3), (4), Fla. Stat. (2000). The order "may…specified date and that a fine may be imposed." § 162.07(4). The order is then filed in the public records

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Court: Fla. Att'y Gen. | Date Filed: 2001-10-29T23:53:00-08:00

Snippet: enforcement board and request a hearing.9 Section 162.07, Florida Statutes, prescribes the procedures for… may alter the procedures set forth in sections 162.07 and 162.09, Florida Statutes, and impose a fine…procedures set forth therein. Therefore, since sections 162.07 and 162.09, Florida Statutes, contemplate that …violation is irreparable or irreversible. 10 Section 162.07(4), Fla. Stat. 11 Section 162.09(2)(a), Fla. Stat

City of Tampa v. WA BROWN

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-24T00:53:00-07:00

Citation: 711 So. 2d 1188

Snippet: enforcement board order entered pursuant to sections 162.07 and 162.09, Florida Statutes (1995), must be provided…hearing, it enters an order pursuant to section 162.07. This order may include a deadline for compliance…If the violator fails to comply with the section 162.07 order, a second order may be entered under section

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Court: Fla. Att'y Gen. | Date Filed: 1997-05-16T00:53:00-07:00

Snippet: enforcement board and request a hearing.3 Section 162.07, Florida Statutes, prescribes the procedures for…violation is irreparable or irreversible. 4 Section 162.07(4), Fla. Stat. 5 Id. 6 Section 162.09(2)(a), Fla

Jones v. Seminole County

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-15T23:53:00-08:00

Citation: 670 So. 2d 95

Snippet: Stanjeski, 562 So.2d 673 (Fla.1990). [3] §§ 162.06; 162.07; 162.11, Fla. Stat. (1993). 95-1038

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Court: Fla. Att'y Gen. | Date Filed: 1995-02-05T23:53:00-08:00

Snippet: given by the code enforcement board. 2. Section 162.07(2), Florida Statutes, authorizes the imposition…the code enforcement board for a hearing. Section 162.07, Florida Statutes, provides for the conduct of …board. As amended by the 1994 Legislature, section 162.07(2) provides: Each case before an enforcement board…issuance of the order imposing the fine. Section 162.07(2), Florida Statutes, as amended, clearly provides…prescribed enforcement procedures in any way. Section 162.07(2), Florida Statutes, in providing that the local

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Court: Fla. Att'y Gen. | Date Filed: 1992-09-23T00:53:00-07:00

Snippet: five-member enforcement board. 2 Section 162.07(3), F.S. 3 Section 162.07(4), F.S. 4 Id. 5 Section 162.08, F.S…proceedings against the alleged violator. 1 Section 162.07(1), F.S., provides that a hearing may also be called

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Court: Fla. Att'y Gen. | Date Filed: 1991-01-10T23:53:00-08:00

Snippet: hearings and exercise its powers pursuant to ss. 162.07 and 162.08, F.S., as required by s.489.127(3)(c…licensing board must follow the requirements of ss. 162.07 and 162.08, F.S.,8 as prescribed in s. 489.127(…compliance." 7 Section 489.127(3), F.S. 8 Section 162.07, F.S., prescribes the procedure for conducting

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Court: Fla. Att'y Gen. | Date Filed: 1989-03-16T23:53:00-08:00

Snippet: necessary for issuance of the order. Thus, reading ss. 162.07 and 162.09, F.S.,6 together, an enforcement board… and 84-55. 3 Section 162.06(2), F.S. 4 Section 162.07(4), F.S. 5 See generally, 57 C.J.S. May (The verb

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: 162.06. Under the procedures set forth in section 162.07, the board must issue findings of fact, conclusions

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Court: Fla. Att'y Gen. | Date Filed: 1988-09-09T00:53:00-07:00

Snippet: and 84-55. 3 Section 162.06(2), F.S. 4 Section 162.07(4), F.S. Florida Attorney General Reports

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Court: Fla. Att'y Gen. | Date Filed: 1987-02-16T23:53:00-08:00

Snippet: board hearing. . . ." (e.s.) Id. And see, s. 162.07(4), F.S. (1986 Supp.), which provides that at the

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Court: Fla. Att'y Gen. | Date Filed: 1986-08-27T00:53:00-07:00

Snippet: the code enforcement board for a hearing. Section 162.07, F.S., as amended by s. 6, Ch. 86-201, Laws of … forth the conduct of the hearing. See, e.g., s.162.07(3), which, among other things, provides: "…govern the proceedings." Subsection (4) of s. 162.07 goes on to provide: At the conclusion of the… 8, Ch. 86-201, Laws of Florida. And see, s. 6, 162.07(4), F.S., as amended by s. 6, Ch. 86-201, supra

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Court: Fla. Att'y Gen. | Date Filed: 1986-01-28T23:53:00-08:00

Snippet: been repeated by the same violator. And see, s.162.07, F.S., which provides that at the conclusion of

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Court: Fla. Att'y Gen. | Date Filed: 1985-10-25T00:53:00-07:00

Snippet: been repeated by the same violator. See also, s.162.07, F.S., which provides that at the conclusion of

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Court: Fla. Att'y Gen. | Date Filed: 1985-04-30T00:53:00-07:00

Snippet: hearing contemplated by s 162.07, F.S. See, s 162.08(5), F.S. Andsee, s 162.07(4), F.S., stating in part…quorum of the enforcement board.' Pursuant to s 162.07(4), F.S., findings of the board shall be by motion…transacting business pursuant to s 162.05(3), and since s 162.07(4) provides that action of the board with respect…orders by the code enforcement board pursuant to ss 162.07 and 162.08, F.S., and the assessment of a fine …the board determines at a hearing pursuant to s 162.07, F.S., that such violation has not been brought