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The 2025 Florida Statutes
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F.S. 162.07162.07 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 162.07
Total Results: 15
722 F.2d 695, 53 A.F.T.R.2d (RIA) 579, 1984 U.S. App. LEXIS 26624
Court of Appeals for the Eleventh Circuit | Filed: Jan 9, 1984 | Docket: 226978
Cited 310 times | Published
taxpayer was entitled to deductions under Section 162.
7
See
Treas.Reg. § 1.183-2(a)
405 So. 2d 750
District Court of Appeal of Florida | Filed: Oct 21, 1981 | Docket: 1348621
Cited 15 times | Published
438 (1854); 4 Fla. Jur.2d, Attorneys at Law, § 162; 7 Am.Jur.2d, Attorneys at Law, § 332.
The attorney
842 So. 2d 142, 2003 WL 255453
District Court of Appeal of Florida | Filed: Feb 7, 2003 | Docket: 1932131
Cited 13 times | Published
violator and must make findings and issue an order. § 162.07(3), (4), Fla. Stat. (2000). The order "may include
536 So. 2d 1148, 1988 WL 139520
District Court of Appeal of Florida | Filed: Dec 28, 1988 | Docket: 415743
Cited 5 times | Published
Section 162.06. Under the procedures set forth in section 162.07, the board must issue findings of fact, conclusions
711 So. 2d 1188, 1998 WL 193137
District Court of Appeal of Florida | Filed: Apr 24, 1998 | Docket: 1337185
Cited 3 times | Published
the hearing, it enters an order pursuant to section 162.07. This order may include a deadline for compliance
District Court of Appeal of Florida | Filed: Jan 12, 2022 | Docket: 62217907
Published
the
conclusion of any code enforcement hearing. § 162.07(4), Fla. Stat.; see
also Massey v. Charlotte
Florida Attorney General Reports | Filed: Feb 11, 2009 | Docket: 3258682
Published
following questions:
1. Do the provisions of section 162.07(2), Florida Statutes, which permit the recovery
Florida Attorney General Reports | Filed: Oct 30, 2001 | Docket: 3257221
Published
code enforcement board and request a hearing.9 Section 162.07, Florida Statutes, prescribes the procedures
Florida Attorney General Reports | Filed: May 16, 1997 | Docket: 3255486
Published
code enforcement board and request a hearing.3
Section 162.07, Florida Statutes, prescribes the procedures
Florida Attorney General Reports | Filed: Feb 6, 1995 | Docket: 3258318
Published
time given by the code enforcement board.
2. Section 162.07(2), Florida Statutes, authorizes the imposition
Florida Attorney General Reports | Filed: Sep 23, 1992 | Docket: 3258199
Published
proceedings against the alleged violator.
1 Section 162.07(1), F.S., provides that a hearing may also
Florida Attorney General Reports | Filed: Jan 11, 1991 | Docket: 3256478
Published
code compliance."
7 Section 489.127(3), F.S.
8 Section 162.07, F.S., prescribes the procedure for conducting
Florida Attorney General Reports | Filed: Mar 17, 1989 | Docket: 3257370
Published
85-33 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
Florida Attorney General Reports | Filed: Sep 9, 1988 | Docket: 3257412
Published
85-33 and 84-55.
3 Section 162.06(2), F.S.
4 Section 162.07(4), F.S.
Florida Attorney General Reports | Filed: Aug 27, 1986 | Docket: 3256408
Published
before the code enforcement board for a hearing.
Section 162.07, F.S., as amended by s. 6, Ch. 86-201, Laws