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: District Court of Appeal of Florida | Date Filed: 2022-01-12

Snippet: conclusion of any code enforcement hearing. § 162.07(4), Fla. Stat.; see also Massey v. Charlotte County

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Court: Florida Attorney General Reports | Date Filed: 2009-02-11

Snippet: following questions: 1. Do the provisions of section 162.07(2), Florida Statutes, which permit the recovery

Jews for Jesus, Inc. v. Rapp

Court: Supreme Court of Florida | Date Filed: 2008-10-23

Citation: 997 So. 2d 1098, 36 Media L. Rep. (BNA) 2540, 33 Fla. L. Weekly Supp. 849, 2008 Fla. LEXIS 2010, 2008 WL 4659374

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: District Court of Appeal of Florida | Date Filed: 2004-08-06

Citation: 881 So. 2d 625, 2004 Fla. App. LEXIS 11655, 2004 WL 1750703

Snippet: opportunity to be heard. Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35

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: violator and must make findings and issue an order. § 162.07(3), (4), Fla. Stat. (2000). The order "may include

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

Snippet: enforcement board and request a hearing.9 Section 162.07, Florida Statutes, prescribes the procedures for

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: enforcement board order entered pursuant to sections 162.07 and 162.09, Florida Statutes (1995), must be provided

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

Snippet: enforcement board and request a hearing.3 Section 162.07, Florida Statutes, prescribes the procedures for

Jones v. Seminole County

Court: District Court of Appeal of Florida | Date Filed: 1996-02-16

Citation: 670 So. 2d 95, 1996 Fla. App. LEXIS 1353, 1996 WL 64792

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

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Court: Florida Attorney General Reports | Date Filed: 1995-02-06

Snippet: given by the code enforcement board. 2. Section 162.07(2), Florida Statutes, authorizes the imposition

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Court: Florida Attorney General Reports | Date Filed: 1992-09-23

Snippet: 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: Florida Attorney General Reports | Date Filed: 1991-01-11

Snippet: hearings and exercise its powers pursuant to ss. 162.07 and 162.08, F.S., as required by s.489.127(3)(c)1

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Court: Florida Attorney General Reports | Date Filed: 1989-03-17

Snippet: necessary for issuance of the order. Thus, reading ss. 162.07 and 162.09, F.S.,6 together, an enforcement board

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