Florida Statute 162.09 | 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. 162.09

162.09 Administrative fines; costs of repair; liens.—

(1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a).

(2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation.

(b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:

1. The gravity of the violation;

2. Any actions taken by the violator to correct the violation; and

3. Any previous violations committed by the violator.

(d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b).

(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution.

History.—s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87-391; s. 8, ch. 89-268; s. 4, ch. 94-291; s. 1, ch. 95-297; s. 5, ch. 99-360; s. 1, ch. 2000-125; s. 65, ch. 2004-11.

Note.—Former s. 166.059.

F.S. 162.09 on Google Scholar

F.S. 162.09 on Casetext

Amendments to 162.09

Arrestable Offenses / Crimes under Fla. Stat. 162.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.09.

Annotations, Discussions, Cases:

Cases Citing Statute 162.09

Total Results: 20

City of Fellsmere, Florida v. Elias Almanza

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-06T00:00:00-08:00

Snippet: the order was recorded as a lien under section 162.09(3), Florida Statutes (2018). The City then…, and an outstanding balance on the lien. See § 162.09(3), Fla. Stat. (2017); City of Riviera Beach v.…entry of an order imposing a fine under section 162.09(3) until the violation was corrected; (2) the order… to the date of the trial, plus interest. See § 162.09(3), Fla. Stat. (2017).

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: that a lien was being imposed pursuant to section 162.09, Florida Statutes (2006), and that once recorded…Beach County, Florida, pursuant to Fla. Stat. 162.09. (Emphasis added). The order explicitly listed

NICHOLAS SHECKLER v. MONROE COUNTY, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-03-01T23:53:00-08:00

Snippet: bypassed the statutory requirements of Fla. Stat. § 162.09” and violated the procedure 1 Specifically

City of Riviera Beach v. J & B Motel Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-15T00:00:00-07:00

Citation: 213 So. 3d 1102, 2017 WL 1018521, 2017 Fla. App. LEXIS 3435

Snippet: property owners. One such way is to impose a fine. § 162.09(1), Fla. Stat. (2003). If the viola*1103tor does…order imposing a fine” in the public records. § 162.09(3), Fla. Stat. (2003). The recorded order then …that time an action is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. § 162.10…2003). Thus, when read in conjunction with section 162.09(3), the plain language of section 162.10 establishes

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: mechanical recording statute provided in section 162.09, Florida Statutes (2004), or that the Florida Legislature…Accordingly, I dissent. The majority reasons that section 162.09(3) “contains no provision expressly authorizing…action. Because the language contained in sections 162.09, 695.11, and related provisions does not expressly

City of Boynton Beach v. Janots

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-10T00:00:00-07:00

Citation: 101 So. 3d 864, 2012 WL 4795639, 2012 Fla. App. LEXIS 17445

Snippet: section 162.09(3) requires a petition, a petition is one form of pleading, so section 162.09(3) requires…orders in the public record pursuant to section 162.09(3), Florida Statutes, which states: A certified…court judgment except for enforcement purposes. § 162.09(3), Fla. Stat. (1998). Accordingly, the code enforcement… the presence of the term “petition” in section 162.09(3). Since “petition” is not defined in Chapter …did] not eomplty] with the provisions of section 162.09(3).” In other words, the trial court ruled that

Ciolli v. City of Palm Bay

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-15T00:00:00-07:00

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

Snippet: a lien in favor of the City pursuant to section 162.09, Florida Statutes (2003).2 Approximately one year…maintain every surface free of graffiti.” . Section 162.09(3) provides that a certified copy of a Code Enforcement

Osborne v. Dumoulin

Court: Fla. | Date Filed: 2011-02-03T00:00:00-08:00

Citation: 55 So. 3d 577, 36 Fla. L. Weekly Supp. 43, 2011 Fla. LEXIS 291, 2011 WL 320986

Snippet: Fla. 5th DCA 1993) ("Although the statute [§ 162.09, Fla. Stat. (1991)] merely provides that any lien

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Court: Fla. Att'y Gen. | Date Filed: 2009-08-26T00:53:00-07:00

Snippet: 10, 2008. 2 Section 162.02, Fla. Stat. 3 Section 162.09(1), Fla. Stat. 4 See ss. 933.20-933.30, Fla. Stat

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Court: Fla. Att'y Gen. | Date Filed: 2009-05-06T00:53:00-07:00

Snippet: the basis for charging a repeat offense. Section 162.09, Florida Statutes, sets forth the administrative…for a "repeat violation" under section 162.09, Florida Statutes.7 Accordingly, it is my opinion…Dictionary p. 1924 (Unabridged, 1981). 4 Section 162.09(2)(a), Fla. Stat., provides: "A fine imposed…to exceed $5,000 per violation." 5 Section 162.09(3), Fla. Stat. 6 Reynolds v. State, 842 So. 2d

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

Snippet: costsmay be included in the lien authorized under s. 162.09(3)." (e.s.) The language italicized above

Stratton v. Sarasota County

Court: Fla. Dist. Ct. App. | Date Filed: 2008-05-07T00:53:00-07:00

Citation: 983 So. 2d 51

Snippet: imposed pursuant to this section." § 162.09(1). Section 162.09(2)(a) sets forth the permissible per diem…Section 162.09(2)(d) permits counties to impose higher fines than those set out in section 162.09(2)(b) …actually incurs in correcting code violations. Section 162.09(1), Florida Statutes (2004), permits a local code…repairs pursuant to subsection (1)." Section 162.09(2)(b) sets forth the criteria to be used in determining…three reasons. First, the plain language of section 162.09(2) makes it clear that "costs of repair"

Henley v. MacDonald

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-08T23:53:00-08:00

Citation: 971 So. 2d 998

Snippet: violations in question were rendered pursuant to section 162.09(1), Florida Statutes (2005), which entitles county…personal property owned by the violator." § 162.09(3), Fla. Stat. (2005). "[C]ode violations

Town of Lake Park v. Grimes

Court: Fla. Dist. Ct. App. | Date Filed: 2007-09-05T00:53:00-07:00

Citation: 963 So. 2d 940

Snippet: of fraud or imposition on creditors. Id. Section 162.09, Florida Statutes, authorizes county or municipal…under s. 4, Art. X of the State Constitution. § 162.09(3), Fla. Stat. (2006). Relying on language in Demura

Mathieu v. City of Lauderdale Lakes

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-25T00:53:00-07:00

Citation: 961 So. 2d 363

Snippet: municipalities." § 162.02, Fla. Stat. (2003). Section 162.09(3), Florida Statutes (2003), provides the mechanism

Broward County v. Recupero

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-07T00:00:00-08:00

Citation: 949 So. 2d 274, 2007 Fla. App. LEXIS 1413, 2007 WL 397296

Snippet: the date set by the board for compliance. See § 162.09(1), Fla. Stat. “A certified copy of an order imposing…the land on which the violation exists .... ” § 162.09(8), Fla. Stat. (emphasis added). The code enforcement

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Court: Fla. Att'y Gen. | Date Filed: 2006-04-19T00:53:00-07:00

Snippet: imposed by a code enforcement board pursuant to s. 162.09(3), Florida Statutes, survived the issuance of

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Court: Fla. Att'y Gen. | Date Filed: 2004-09-24T00:53:00-07:00

Snippet: accomplish municipal code enforcement. Section 162.09(2), Florida Statutes, provides for the amount of…violations. In light of the language in section 162.09(2)(d), Florida Statutes, and recognizing that the

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: ordinances. Specifically, Count II alleged that section 162.09(1), Florida Statutes[1] and section 11-37(a), Orange…heard. Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35 and 11…a code inspector. Count IV alleged that section 162.09(1), Florida Statutes, and section 11-37(a), Orange…L., Associate Judge, concur. NOTES [1] Section 162.09(1), Florida Statutes (1997) provided in pertinent

Fong v. Town of Bay Harbor Islands

Court: Fla. Dist. Ct. App. | Date Filed: 2003-12-23T23:53:00-08:00

Citation: 864 So. 2d 76

Snippet: corrected by [Fong]." This was error under section 162.09(3), Florida Statutes (2000), which provides that