Florida/Georgia Personal Injury & Workers Compensation

...ded: Failure to comply with any of the provisions of this order shall be punished by a fine of $100.00 per day for each day the violation is shown to exist past the specified time for compliance. A fine may become a lien on your property pursuant to Section 162.09, Florida Statutes....

...If the owner does not comply, the code inspector notifies the board, which "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." § 162.09(1), Fla....

...has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine." Id. Although fines cannot exceed $250 per day for a first violation or $500 per day for a repeat violation, there is no cap on the total fine that can be imposed unless the violation is irremediable. § 162.09(2)(a)....

...In determining the amount of the fine to be imposed, the code enforcement board must consider (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. § 162.09(2)(b). [1] Finally, the order imposing the fine 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." § 162.09(3)....

...mpa v. Brown, 711 So.2d 1188 (Fla. 2d DCA 1998); see also Michael D. Jones, P.A. v. Seminole County, 670 So.2d 95, 96 (Fla. 5th DCA 1996) (stating, "[a]lthough [code enforcement] boards can assert a lien against real or personal property, presumably section 162.09 would be interpreted to permit the presentment of *146 defenses prior to enforcement of any lien")....

...fidavit. The Masseys were not provided notice of the meeting at which the propriety of the fines and lien were addressed or any opportunity to be heard at the meeting or thereafter. The Code Enforcement Board did not consider the factors required by section 162.09(2)(b) in determining the amount of the fine imposed, and indeed there was no evidence presented to the Board regarding those factors....

...th this opinion. WHATLEY, J., and GREEN, OLIVER L., SENIOR JUDGE, Concur. NOTES [1] Although these considerations apply to the issuance of a lien order, it is unclear when these issues should be addressed if no hearing is held. Moreover, even though section 162.09(2)(c) permits a code enforcement board to reduce any fine it imposes, the statute provides no formal procedure to request or grant that relief....

...ed their Eighth Amendment right against excessive fines. In Counts II through V, the Wilsons sought declaratory relief, challenging the facial constitutionality of various code enforcement statutes and ordinances. Specifically, Count II alleged that section 162.09(1), Florida Statutes [1] and section 11-37(a), Orange County Code, were facially unconstitutional for authorizing imposition of fines and liens against property without providing for notice and an opportunity to be heard. Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35 and 11-37(a), Orange County Code, were facially unconstitutional for authorizing the imposition of fines and liens based solely upon the affidavit of a code inspector. Count IV alleged that section 162.09(1), Florida Statutes, and section 11-37(a), Orange County Code, were facially unconstitutional for authorizing imposition of excessive fines....

...in a separate declaratory action. Accordingly, we reverse the dismissal with prejudice as to all five counts of the complaint and remand for further proceedings. REVERSED and REMANDED. MONACO, J., and DAVIDSON, L., Associate Judge, concur. NOTES [1] Section 162.09(1), Florida Statutes (1997) provided in pertinent part: 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 ......

...Sapurstein, Miami, for Appellee First Union. PER CURIAM. Rickey L. Kirby appeals a summary final judgment of foreclosure authorizing *1215 the sale of real property owned by him to satisfy a lien in favor of appellee, City of Archer, created pursuant to section 162.09(3), Florida Statutes (1997)....

...erating, wrecked or junked vehicle or vehicle in a state of substantial disrepair" on any real property within the City. Kirby did not appeal the final order of the Code Enforcement Board which levied the fine and led to the filing of the lien under section 162.09(3)....

...s barred by the doctrine of res judicata. II Verdi argues on this appeal that the trial court erred because the legislative intent of Part I of Chapter 162 (or the "Local Government Code Enforcement Boards Act") as evinced in sections 162.02 [2] and 162.09(1) [3] was to authorize the creation of administrative proceedings to address only pending or repeat code violations and not past violations....

...ines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. [3] Section 162.09(1) provides: 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 vio...

...dant, COUNTY OF VOLUSIA. The Court finds the Defendant COUNTY has not sought to foreclose its Code Enforcement Board lien on the homestead real property of the Plaintiff, and accordingly, neither the statutory nor constitutional prohibitions of Sec. 162.09(3), Florida Statutes, and Art....

...riminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation exists." Section 162.02, Fla. Stat. (1991). Section 162.09(3), Florida Statutes (1991), provides in pertinent part: A certified copy of an order imposing a fine 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....

...Chapter 162, Florida Statutes (1983), entitled Local Government Code Enforcement Boards Act, is designed to provide effective methods of enforcing local codes and ordinances. It authorizes local governmental bodies to create boards which can impose administrative fines and other noncriminal penalties. Section 162.09 provides that the recording of a certified copy of an order imposing a fine constitutes a lien against the land upon which the violation exists. The act is silent, however, as to the priority of liens which accrue under implementation of the act. On May 15, 1984, the County enacted Ordinance 84-06 pursuant to chapter 162. Section 11 of the ordinance mirrors the procedure referred to in section 162.09 but additionally stipulates that when a certified copy of such an order is recorded, it becomes a lien "superior to all other liens, except a lien for taxes." At a hearing on May 6, 1987, the Sarasota County Code Enforcement Board foun...

...City of Palm Bay, Ordinance No. 97-07, § 1 (1997). *927 Chapter 162, Florida Statutes (2004), contains the Local Government Code Enforcement Boards Act. Section 162.03, Florida Statutes (2004), authorizes municipalities to establish by ordinance local code enforcement boards. Section 162.09(3), Florida Statutes (2004), provides that “[a] certified copy of [a code enforcement] order imposing a fíne, or a fíne plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the lan...

...d defendants to collect a fine pursuant to said Chapter. Said cause of action did not exist at common law. On appeal the City contends that the legislature intended to confer the right to maintain an action at law to collect the fine when it enacted section 162.09(3), Florida Statutes (1987), as amended October 1, 1989....

...efit. We reject these arguments. First, we are not persuaded that the legislature intended to confer upon code enforcement boards the right to collect a fine by an action at law. The City contends that the following language in the 1989 amendment to section 162.09(3) authorizes a suit at law to collect a fine: "[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 to foreclose on a lien filed pursuant to t...

...We therefore affirm the trial court's order dismissing the City's action for a money judgment. We have considered the City's other points on appeal and find them to be without merit. Affirmed. PATTERSON, J., and RONDOLINO, ANTHONY, Associate Judge, concur. NOTES [1] Section 162.09(3), Florida Statutes (1989): A certified copy of an order imposing a fine 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....

...Subsequently, the code enforcement board found in favor of the City and issued a final order requiring Miskin to alleviate the problems by January 26, 1992, or be subject to a $150.00 fine per day each day the violations exist. Eventually, the City recorded the order as a *416 lien in the public records pursuant to section 162.09, Florida Statutes (1993)....

...e administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla. Stat. (1993). Specifically, section 162.09(3) provides: A certified copy of an order imposing a fine may be recorded in the public record 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....

...The seller argues that code violations do not render a title unmarketable and even if they did, the buyer waived any defect by failing to provide written notice of any defects after receipt of a clean title and waived any defects at closing by agreeing to an "as is" rider. The violations in question were rendered pursuant to section 162.09(1), Florida Statutes (2005), which entitles county organizations to fine those who violate county code ordinances. These fines, if left unpaid, "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." § 162.09(3), Fla....

...ney was serving as both CEB counsel and counsel for the city in violation of section 162.05(4), Florida Statutes (1985); (3) the amended lien was improper according to 1986 Op. Att'y Gen. Fla. 86-10 (January 29, 1986) ("AGO 86-10") which interpreted section 162.09 to mean that a municipality may not provide for continued running of fines against property owners for noncompliance after a lien has been recorded and a municipality may not amend its original lien to include portions of fines accumulating after the original lien was recorded; (4) the original lien was defective according to 1985 Op. Att'y Gen. Fla. 85-84 (October 25, 1985) ("AGO 85-84") which interpreted § 162.09 to mean that a code enforcement board must find that the same violation has been repeated by the same violator before it can impose a fine for each day the repeated violation continues past the date set for compliance; and (5) the date of r...

..., 1985 does not state the date that corrective action was actually taken, so that the fine assessment through June 12, 1985 was improper. In opposing the motion to dismiss, CEB asserted that: (1) its jurisdiction to bring this action is derived from Section 162.09 which it properly alleged in paragraphs 8 and 9 of the complaint; (2) CEB did not violate Section 162.05(4) because the city attorney serves as prosecutor before the CEB, and CEB's counsel is a contract position and not employed by the...

...inspector must notify the board and request a hearing. Section 162.06. Under the procedures set forth in section 162.07, the board must issue findings of fact, conclusions of law and an order affording the proper relief consistent with the statute. Section 162.09 authorizes the board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, to assess fine...

...Buchholz asserts that according to AGO 85-84, CEB's original lien was fatally defective in that CEB never made a separate finding that the same violation had been repeated by the same violator, thus CEB had no authority to impose any fine. AGO 85-84 interpreted section 162.09 to require that a code enforcement board make a separate finding that a violation has been repeated by the same violator before it may impose a fine for each date the repeated violation continues past the date set for compliance. The attorney general stated that the statute authorized or contemplated no other procedure for pending or repeated violations. The plain language of section 162.09 provides that a board may assess a fine when notified that "......

...It never alleged that the same violation was repeated by the same violator. A separate finding was not needed. However, if AGO 85-84 can be read to require a separate finding of a repeat violation for a pending noncompliance order, such an interpretation is unreasonable given the clear language of section 162.09....

...Neither party's position is entirely correct. Chapter 162, Florida Statutes (2004), which deals with county or municipal *55 code enforcement, limits the County to imposing fines and collecting the repair costs it actually incurs in correcting code violations. Section 162.09(1), Florida Statutes (2004), permits a local code enforcement board to impose fines against a property owner who fails to correct conditions constituting code violations on his or her property. The County may also "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." § 162.09(1). Section 162.09(2)(a) sets forth the permissible per diem fines and permits those fines to be imposed together with "all costs of repairs pursuant to subsection (1)." Section 162.09(2)(b) sets forth the criteria to be used in determining the amount of the fine....

...In the alternative, the County argues that the payroll expenses for its code enforcement employees were properly included in the lien on Stratton's property as part of the "costs of repair" incurred in correcting the violation. However, this argument fails for three reasons. First, the plain language of section 162.09(2) makes it clear that "costs of repair" do not include payroll expenses for code enforcement employees' time. Section 162.09(2)(d) permits counties to impose higher fines than those set out in section 162.09(2)(b) under certain circumstances. In addition to those higher fines, section 162.09(2)(d) permits a county to " 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)." (Emphasis added.) From this statutory language, it is...

...The homestead exemption must be liberally construed in the interest of protecting the family home. Havoco of Am., Ltd. v. Hill, 790 So.2d 1018, 1020 (Fla. 2001). However, the exemption is not to be liberally construed so as to make it an instrument of fraud or imposition on creditors. Id. Section 162.09, Florida Statutes, authorizes county or municipal code enforcement boards to levy fines and impose liens on the deficient property. However, it states: 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. § 162.09(3), Fla....

...ed, and the Board provided no notice of its intent to enter the Order Imposing Fine to either Banker's Trust or Jones. Once the City recorded a certified copy of the Order Imposing Fine, it became a lien against the property by operation of law. See § 162.09(3), Fla....

...to us as having crossed the line between "quasi-judicial" and "judicial." Such boards may impose fines for code violations but they cannot impose criminal penalties. Although boards can assert a lien against real or personal property, [1] presumably section 162.09 would be interpreted to permit the presentment of defenses prior to enforcement of any lien....

...ts." Deprivation of an individual's due process rights, as these accounts indicate may have happened, can be addressed and remedied by a court in a proper case. But this is not that case. AFFIRMED. PETERSON, C.J., and GRIFFIN, JJ., concur. NOTES [1] § 162.09, Fla.Stat....

...arcel of real property to be void ab initio because the City failed to send its orders to the property owner by certified mail. We reverse. The sole issue in this case is whether a code enforcement board order entered pursuant to sections 162.07 and 162.09, Florida Statutes (1995), must be provided to the property owner by certified mail....

...2. See § 162.06, Fla. Stat. (1995). If the court finds a code violation at the hearing, it enters an order pursuant to section 162.07. This order may include a deadline for compliance and notice that a fine may be imposed for failure to comply. See § 162.09, Fla. Stat. (1995). The statute does not require that a copy of this order be provided to the violator. If the violator fails to comply with the section 162.07 order, a second order may be entered under section 162.09 imposing a continuing fine. This order, upon recording in the public records, becomes a lien on the property. See § 162.09(3), Fla. Stat. (1995). It is this type of order which is the subject of this case. Section 162.09, however, does not provide for a hearing and does not require that the order entered be provided to the violator....

...One was his homestead property (“Parcel 1”), and one was a vacant lot (“Parcel 2”). In 1998, the City obtained two orders imposing a fine for code violations originating on Parcel 1. The City recorded the orders in the public record pursuant to section 162.09(3), Florida Statutes, which states: A certified copy of an order imposing a fine 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 may be enforced in the same manner as a eourt judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. § 162.09(3), Fla....

...code enforcement liens. The court denied the City’s motion, ruling that the City did not follow the proper procedures to enforce the liens under Chapter 162. In support of its ruling, the court relied on the presence of the term “petition” in section 162.09(3)....

...Since “petition” is not defined in Chapter 162, the court looked to Rule 1.100 of the Florida Rules of Civil Procedure, which sets forth the guidelines for pleadings and motions, and identifies “a petition” as an allowed form of a pleading. 1 The court then reasoned as *866 follows: section 162.09(3) requires a petition, a petition is one form of pleading, so section 162.09(3) requires a pleading. Further, a motion is not a pleading so the City did not “petition[ ] the Circuit Court to enforce its Orders Imposing Penalties/Lien and, therefore, [did] not eomplty] with the provisions of section 162.09(3).” In other words, the trial court ruled that the City had to file an independent action to enforce its code enforcement liens, and could not enforce them in a condemnation action under Chapter 73....

...Anthony v. Gary J. Botella & Assocs., P.A., 906 So.2d 1205, 1207 (Fla. 4th DCA 2005) (“The standard of review of a trial court’s application and interpretation of Florida law is de novo”). To determine what the term “petition” means in section 162.09(3), we must apply the well established rules of statutory construction....

...Similarly, the term “petition” is defined in the Florida Probate Code as “a written request to the court for an order.” § 731.201(29), Fla. Stat. (2011). Thus, based on the plain and ordinary meaning of the word “petition,” we do not read section 162.09(3) as requiring anything more than a written request to a court of competent jurisdiction. As the City’s motion contained a written request to the court, it was procedurally sufficient under section 162.09(3) so long as the trial court had jurisdiction to adjudicate the code enforcement liens....

...rity to "impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla. Stat. (2003). Section 162.09(3), Florida Statutes (2003), provides the mechanism and limitations of the liens created under the Chapter: A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter...

...(the "FHA"), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the "ADA"), the Rehabilitation Act of 1973 *1312 (the "Rehabilitation Act"), the equal protection and procedural due process provisions of the United States and Florida Constitutions, and Section 162.09 of the Florida Statutes....

...Finally, Plaintiffs' Amended Complaint seeks to appeal the August 25, 2005 hearing pursuant to Section 162.11, Florida Statutes. In addition to re-asserting the claim that the City's attorney acted in an improper dual role, Plaintiffs also argue that the CEB failed to observe the statutory procedures outlined in Section 162.09(b), Florida Statutes, which requires a code enforcement board to consider the following factors in determining a fine: (i) the gravity of the violation; (ii) any actions taken by the violator to correct the violation, and (iii) any previous violations committed by the violator....

...the CEB considered each of these factors in reaching its conclusion. Plaintiffs have thus failed to establish that they were denied constitutionally adequate process by the CEB. Accordingly, the City did not violate Plaintiffs' due process rights or Section 162.09, Florida Statutes....

...as for its uses than it is about a failure to accommodate the handicapped. Plaintiffs have further failed to establish a violation of their procedural due process rights pursuant to the United States and Florida Constitutions and Sections 162.11 and 162.09 of the Florida Statutes....

...We reverse because the statutes governing code enforcement hens provide that the City had twenty years from the date it recorded its lien to file its foreclosure suit. Chapter 162 outlines the ways in which a local government can enforce code violations against violating property owners. One such way is to impose a fine. § 162.09(1), Fla. Stat. (2003). If the viola *1103 tor does not pay the ordered fíne, then the local government may record “a certified copy of an order imposing a fine” in the public records. § 162.09(3), Fla....

...lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s. 162.09(3) in a court of competent jurisdiction. § 162.10, Fla. Stat. (2003). Thus, when read in conjunction with section 162.09(3), the plain language of section 162.10 establishes that a local government has twenty years from the date a code enforcement lien is recorded to file a lawsuit seeking to foreclose or recover a money judgment on the lien....

...Monroe County appeals from a writ of mandamus commanding it to pay Joan McCormick $12,205.75 plus statutory interest pursuant to a final judgment on attorney's fees. We reverse. The County contends that the trial court erred by failing to grant it a set-off based on a code enforcement lien, pursuant to section 162.09(3), Florida Statutes (1995), against McCormick's property....

...Second, we note that the County properly recorded a certified copy of the order imposing the fine in the public records and that, as such, it constitutes "a lien against the land on which the violation exists and upon any other real or personal property owned by the violator." § 162.09, Fla. Stat. (1995). Next, we address McCormick's contention that a set-off is improper because the code enforcement lien cannot be foreclosed against her real property as it is homestead property. § 162.09(3), Fla....

...(1995). In Miskin v. City of Fort Lauderdale, 661 So.2d 415 (Fla. 4th DCA 1995), the Fourth District Court of Appeal explained that although a code enforcement lien is unenforceable against homestead property, this does not invalidate the lien. Further, section 162.09(3) states that "[u]pon petition to the circuit court, such [code enforcement] order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property...." Therefore, the...

...The instant cause of action was to foreclose on a lien that was $9,900 as of March 12, 1990, which at that time was well above the jurisdictional limit of the county courts. Therefore it was error for the circuit court to dismiss the case for lack of jurisdiction. We note further that because section 162.09(3), Florida Statutes (1993), provides for the continued accrual of the fine imposed on appellee until he comes into compliance or until a judgment is rendered, appellant should record a certified copy of an updated *651 order imposing the current amount of the fine....

...The trial court's order also found that "three (3) of the four (4) original code violations remain uncorrected on [Fong's] property and, therefore, said civil penalties shall continue to accrue on a daily basis until the violations have been corrected by [Fong]." This was error under section 162.09(3), Florida Statutes (2000), which provides that "[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." (emphasis added)....

...tion(s) continued. Ciolli allegedly failed to cure the violations and on February 12, 2004, the City filed a certified copy of the Code Enforcement Board’s order in the public records in an attempt to create a lien in favor of the City pursuant to section 162.09, Florida Statutes (2003)....

...MONACO, C.J., and COHEN, J., concur. . Specifically, the Code Enforcement Board found that there was "tall grass and weeds [and] an accumulation of trash and debris” on the property, and further that there had been a "failure to maintain every surface free of graffiti.” . Section 162.09(3) provides that a certified copy of a Code Enforcement Board order imposing a fine may be recorded in the public records "and thereafter shall constitute a lien against the land on which the violation exists....

...(d) The reasonable costs of such work, and all incidental costs, shall be in addition to, and included in, the fine imposed by the code enforcement board and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09, Florida Statutes....

powers granted [in Ch. 162, F.S.]. . . ."4 Section 162.09, F.S., in pertinent part, provides: (1)

effectively accomplish municipal code enforcement. Section 162.09(2), Florida Statutes, provides for the amount

enforcement board impose the daily fine prescribed in section 162.09, Florida Statutes, for violations of its occupational

after that order has been recorded pursuant to section 162.09(3), Florida Statutes? In sum: A code enforcement

imposed. Under the conditions specified in section 162.09(1), Florida Statutes, the cost of repairs may

See, AGO's 85-53, 85-27, 85-17, and 84-55. Section 162.09, F.S., was amended by s. 2, Ch. 85-150, Laws

...A year later, in July 2000, the property was still not in compliance, and another Order of Fine was entered. This order required payment of $20,453.42, and provided that the fine would continue to accrue at $50 per day for each day of noncompliance. Section 162.09, Florida Statutes, provides that if an order of fine is recorded in the public records it becomes a lien against the land that is in violation, and against any other real or personal property owned by the violator. Section 162.09 further provides that the fíne continues to accrue until the violator comes into compliance or judgment is rendered, whichever occurs first. Effective April 2000, the legislature amended section 162.09 to provide that local governments could obtain money judgments against code violators....

other things, impose administrative fines.2 Section 162.09(3), F.S., provides that a certified copy of

Kimberly Register Attorney City of Lake Worth Code Enforcement Board Fort Lauderdale QUESTION: Does a city commission have the authority to reduce a fine that is imposed by a local code enforcement board pursuant to s. 162.09 , F.S.? SUMMARY: A city commission does not have the authority to reduce a fine that is imposed by a local code enforcement board pursuant to s. 162.09 , F.S....

...162 , F.S., to enforce its codes other than as provided in that chapter. 4 In addition, it derives no home rule power from s. 2(b), Art. VIII, State Const., or s. 166.021 , F.S., to impose any requirements on such boards or otherwise regulate the statutorily prescribed enforcement procedures. 5 Section 162.09 , F.S., authorizes the imposition of an administrative fine by a code enforcement board, upon notification by the code inspector that an order of the board has not been complied with by the set time or upon finding that a repeat violation has been committed. 6 The fine may not exceed 250 per day for a first violation and may not exceed 500 per day for a repeat violation. 7 In determining the amount of the fine, s. 162.09 (2)(b), F.S., provides that the code 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. The code enforcement board, however, is expressly granted the authority to reduce a fine imposed pursuant to s. 162.09 , F.S. 8 Section 162.09 (3), F.S., provides: A certified copy of an order imposing a fine 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....

...by law). 3 Cf ., Part II, Ch. 162 , F.S., which provides a supplemental method of enforcing county or municipal codes; and s. 166.0415 , F.S. 4 Attorney General Opinions 89-16, 85-33, and 84-55. 5 See , e.g ., AGO's 86-10, 85-84, 85-27, and 85-17. 6 Section 162.09 (1), F.S. 7 Section 162.09 (2)(a), F.S....

...(6) occasions. U.S. Const. amend. IV. ... In Count III, Doty alleges that the Defendants (Tampa, hearing masters Manelli and Cannon, and inspector Smith) conspired to deprive Doty of his property. In Count IV, Doty seeks a declaratory judgment that Section 162.09, Fla.Stat....

...ary in order to charge someone with a repeat violation. A review of the statutory scheme for imposition of fines for code violations, however, supports the conclusion that a continuing violation does not form the basis for charging a repeat offense. Section 162.09 , Florida Statutes, sets forth the administrative fines, as well as cost of repairs and liens that may be imposed as a result of a code violation, as follows: "(1) An enforcement board, upon notification by the code inspector that an o...

...6 The distinct treatment between initial and repeat violations, as well as the continuation of a fine for an initial or repeat violation supports the conclusion that a separate violation must be found in order to initiate a citation for a "repeat violation" under section 162.09 , Florida Statutes....

...1944) (when the controlling law directs how a thing shall be done, it is, in effect, a prohibition against its being done in any other way). 3 "Repeat" is defined as "to make, do, or perform again[.]" Webster's Third New International Dictionary p. 1924 (Unabridged, 1981). 4 Section 162.09 (2)(a), Fla....

...olation, 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." 5 Section 162.09 (3), Fla....

is not complied with by said date. . . ."5 Section 162.09, Florida Statutes, authorizes the imposition

and the order was recorded as a lien under section 162.09(3), Florida Statutes (2018). The City

...Thomas V. Infantino City Attorney City of Inverness 405A Courthouse Square Inverness, Florida 32650 Dear Mr. Infantino: This is in response to your request for an opinion on substantially the following question: WHETHER A LIEN CREATED PURSUANT TO s 162.09 , F.S., IS ENFORCEABLE AGAINST HOMESTEAD PROPERTY....

...homestead exemption where `an administrative fine imposed by the Board is uncollectable by conventional means such as execution and levy, garnishment, attachment, etc.' You further state the question presented as whether a lien imposed pursuant to s 162.09 , F.S., `rises to the status of liens imposed for taxes or assessments, or ....

...merely place[s] the code enforcement board in the shoes of any other judgment creditor.' This opinion is therefore expressly limited to a consideration of the issue as framed by your inquiry and concerns only the status of liens created pursuant to s 162.09 , F.S....

...violation into compliance.' Section 162.08 , F.S. See also , AGO 84-55 (Chapter 162 authorizes creation of quasi-judicial administrative boards for purposes of administrative enforcement procedures and imposition of administrative fines); AGO 85-17. Section 162.09 , F.S., provides as follows: Administrative fines; liens....

...ien. Milton v. Milton, 58 So. 718 (Fla. 1912); Point East One Condominium Corporation, Inc. v. Point East Developers, Inc., 348 So.2d 32 (3 D.C.A. Fla., 1977). Therefore, the issue as presented by your inquiry is whether a lien created pursuant to s 162.09 , F.S., is within a strict construction of the constitutional provision excepting liens `for the payment of taxes and assessments' from the homestead exemption from forced sale....

...son of the improvements. Atlantic Coast Line R. Co. v. City of Gainesville, 91 So. 118 , 122 (Fla. 1922). An assessment should not exceed the benefits accruing to the properties improved. City of Treasure Island v. Strong, 215 So.2d 473 (Fla. 1968). Section 162.09 , F.S., authorizes a duly created code enforcement board to `order [a] violator to pay a fine not to exceed $250 for each day the violation continues past the date set for compliance.' The title to the section indicates that such fine...

...Thus, in the absence of any judicial precedent on this matter, I am of the view that such fine is not a tax or assessment within the meaning of the pertinent strictly construed exception to the otherwise liberally construed constitutional rule of homestead exemption from forced sale, that a lien created pursuant to s 162.09 , F.S....

...ment board stands in the shoes of any other judgment creditor with respect to forcing a sale of homestead property pursuant to foreclosure. In sum, then, and unless and until judicially determined otherwise, it is my opinion that a lien created by s 162.09 , F.S., is not enforceable against homestead property by foreclosure of such lien where the owner of such property successfully asserts the property's homestead status as a defense to foreclosure or by way of petition to a court of competent jurisdiction to enjoin a forced sale, and that a code enforcement board stands in the shoes of any other judgment creditor with respect to forcing a sale of homestead property pursuant to foreclosure, since a lien created pursuant to s 162.09 is neither a `tax' nor an `assessment' within the strictly construed exceptions to the liberally construed constitutional rule of homestead exemption from forced sale....

...reversing the portion of the June 27, 2019 final order which imposed the fines and the lien based on those fines. The circuit court agreed with Sheckler and found that the procedure employed by the special magistrate “bypassed the statutory requirements of Fla. Stat. § 162.09” and violated the procedure 1 Specifically, Sheckler argued that the special magistrate’s final order violated due process because: (1) it was recorded as a lien on Sheckler’s property without a compliance hearing; (2) it failed...

pursuant to the act. Your question arises because section 162.09, Florida Statutes, authorizes the imposition

...The trial court erroneously ruled that the complaint failed to raise any justiciable issue of law or fact based on its incorrect conclusion that because the original copy of the claim of lien filed by the Code Enforcement Board was not certified, it was unenforceable under § 162.09, Fla.Stat....

Such a conclusion was based on the language of section 162.09, Florida Statutes (1993), relating to administrative

...ithin a mobile home park. The trial court concluded that the joinder of an additional party and imposition of fines on additional lots within the park was necessary before the board’s ruling could be enforced. On cross-appeal, the park argues that section 162.09 Florida Statutes (1995) does not authorize holding the park, as the present landowner, hable for a past landowner’s code violation, and further, that to the extent section 162.09 does authorize such liabihty and the imposition of a daily fine for such violation, it is unconstitutional....

...The park appealed the board’s determination to the circuit court, which issued the order under review. The trial court’s order remanded the ease back to the board with directions to cite mobile home owner, Fegan, as an additional party, and to set separate fines for Lots 22 and 23. Section 162.09 Florida Statutes provides in part: (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 ......

...VIII, State Const., or s. 166.021 , F.S., to regulate the code enforcement boards or to impose any duties or requirements on such boards or to otherwise regulate the statutorily prescribed enforcement procedure. See, AGO's 85-84, 85-27, 85-17 and 84-55. Section 162.09 , F.S., providing for imposition of administrative fines and liens, was amended by s....

...162.07 , F.S., which provides that at the conclusion of an enforcement board hearing, the 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 the powers granted in Ch. 162 , F.S. In AGO 85-84, I opined that s. 162.09 , F.S., appears to contemplate a separate finding be made by the code enforcement board that the same violation has been repeated by the same violator prior to the imposition of a fine for each day the repeated violation continues past the date set for compliance....

...ine against property in noncompliance with city codes following the entering of a lien against such property such that the original lien may be amended to cover any portion of the fine which accumulates after the filing of the lien. On the contrary, s. 162.09 , F.S., authorizes the entry of a fine upon notification that a previous order of the enforcement board has not been complied with by a set time or upon a finding that the same violation has been repeated by the same violator. Section 162.09 , F.S., thus requires a separate finding by the code enforcement board that a violation has been repeated by the same violator before it may impose a fine for each date the repeated violation continues past the date set for compliance....

...s imposed by the city's code enforcement board. While you have found no general prohibitions against a city's use of a collection agency, you question whether specific provisions in Chapter 162 , Florida Statutes, would preclude such an arrangement. Section 162.09 , Florida Statutes, sets forth administrative fines that may be imposed for code violations and resulting liens for failure to pay such fines. Subsection (3) of section 162.09 , Florida Statutes, states: "A certified copy of an order imposing a fine 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....

...ommission, as the local governing body, to reduce or satisfy a fine that has been imposed by the code enforcement board and runs in favor of the commission. 1 Moreover, there is no question that a code enforcement board may reduce a fine pursuant to section 162.09 (2)(c), Florida Statutes....

...one party undertakes to give or perform, and the other party to accept, in satisfaction of a claim . . . something other than or different from what he is or considers himself, entitled to[.]" 2 Cf., Op. Att'y Gen. Fla. 93-91 (1993), concluding that section 162.09 (2), Fla....

...requires that the alleged violator be sent notice by certified mail, by hand delivery, or by leaving the notice at the violator's place of residence. The record in this case shows that the required notice was sent only by regular mail. In addition, section 162.09(3), Florida Statutes (1989) states that, if the lien is to be recorded in the public records, a certified copy of the order imposing the fine must be recorded....

...ided for in the Convenience Store Security Act? 6. May a county court or a local government code enforcement board impose a "civil fine" in an appropriate case? 7. Are the fine and penalty provided in the Convenience Store Security Act exceptions to s. 162.09 (2), F.S., limiting fines imposed by local code enforcement boards to $250 per day for the first violation and $500 per day for a repeat violation, and s....

...12 Thus, it would appear that the county court or a code enforcement board has the authority to impose civil fines for violation of an ordinance prescribing the requirements of the act. AS TO QUESTION 7: For those jurisdictions which have adopted a local government code enforcement board, s. 162.09 , F.S., authorizes the imposition of administrative fines for noncompliance with an order of the board or for repeat violations. Specifically, however, a fine imposed pursuant to s. 162.09 , F.S., "shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation." 13 AS TO QUESTION 8: As noted above, this office may not pass upon the constitutionality of a duly enacted statute....

...90-346, Laws of Florida, which in title refers to provision for noncompliance fees and civil fines. See also , Parker v. State, 406 So.2d 1089 (Fla. 1981) (title of law enacting a statute may be used as an indicator of the Legislature's intent). 12 Section 162.03 , F.S. 13 Section 162.09 (2)(a), F.S....

...y codes and ordinances.... § 162.02, Fla. Stat. (2001). Accordingly, after inspection and notice, a code enforcement board may order a code violator to pay a fine for each day a violation continues past the date set by the board for compliance. See § 162.09(1), Fla. Stat. “A certified copy of an order imposing afine, or afine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists .... ” § 162.09(8), Fla....

...Accordingly, I am of the opinion that section 162.07 (2), Florida Statutes, authorizes the imposition of those costs that are determined from the evidence presented to have been incurred by the local governing body in prosecuting the specific case before the board. Question Three Section 162.09 , Florida Statutes, provides for the imposition of an administrative fine by a code enforcement board, upon notification by the code inspector that an order of the board has not been complied with by a set time or upon finding that a repeat violation has occurred....

...t "[a] certified copy of an order imposing a fine 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." (e.s.) Section 162.09 , Florida Statutes, thus authorizes the imposition of a lien for the unpaid administrative fine....

...Moreover, it expressly permits such fine to include "all costs of repair pursuant to subsection (1)." It does not, however, refer to or otherwise authorize such a lien to include prosecution costs. In the absence of such authorization and inasmuch as section 162.09 , Florida Statutes, was recently amended to include within such fine the costs of repair but not prosecution costs, I am of the opinion that a lien may not be imposed by the code enforcement board for failure to pay prosecution costs....

...(1994 Supp.), or if the violation, or condition causing the violation, presents a serious threat to the public health, safety, and welfare or is irreparable or irreversible in nature, see, s. 162.06 (4), Fla. Stat. (1994 Supp.). 6 Section 3, Ch. 94-291, Laws of Florida. 7 Section 162.07 (4), Fla. Stat. (1994 Supp.). 8 Section 162.09 (1), Fla. Stat. (1994 Supp.). 9 Section 162.09 (2)(a), Fla. Stat. (1994 Supp.). And see, s. 162.09 (1), Fla....

manner other than that provided in Ch. 162. Section 162.09, F.S., makes provision for administrative fines

boards pursuant to the provisions of the act.3 Section 162.09, Florida Statutes, authorizes the imposition

...imposed in a prior order had not been made. The code enforcement fine assessed Green Terrace $100.00 per day, accruing until the violations were sufficiently addressed. The code enforcement order stated that a lien was being imposed pursuant to section 162.09, Florida Statutes (2006), and that once recorded, it would constitute a lien over certain real and personal property: This Order shall be recorded in the Public Records of Palm Beach County, Florida and shall constitute a lien against all real property, and all personal property, owned by the Respondent(s) within Palm Beach County, Florida, pursuant to Fla. Stat. 162.09. (Emphasis added)....

...Schofield made minor repairs and obtained a demolition permit, but he never demolished the mobile home. When Schofield did not comply by the extended March deadline, the County recorded the code enforcement Final Order, resulting in a lien and a daily $550 fine as of March 18, 2011. See § 162.09(3), Fla....

refuses to reduce a fine imposed pursuant to section 162.09, Florida Statutes, is the city council authorized

...By its order, the board had imposed a fine for the appellee’s violation of provisions of the Gainesville Code of Ordinances. In dismissing the city’s petition, the trial court concluded that the only enforcement method available to the city pursuant to section 162.09(3), Florida Statutes, is an action to foreclose a lien....

...embers of the 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 if the order is not complied with by said date. (e.s.) Section 162.09 , F.S., which authorizes administrative fines for code violations, was also amended by the 1986 Legislature. Section 162.09 , F.S., as amended by s....

...two separate orders will be issued: one ordering compliance and setting the date for compliance; the other ordering payment of the fine. You also inquire whether the board can make the fine retroactive to the date compliance was originally ordered. Section 162.09 , F.S., as amended, in relevant part, provides that the code enforcement board "may order the violator to pay a fine not to exceed $250 for each day the violation continues past the date set for compliance or for each time the violation has been repeated....

...at any time within one year or other time period from the date of the board's original order, the board may meet again merely to certify a fine for the time period during which the violator was in noncompliance with the board's prior order." Instead s. 162.09 , as it was then written, appeared to contemplate that a separate finding be made by the board "that the same violation has been repeated by the same violator prior to the imposition of a fine for each day the repeated violation continued past the date set for compliance." Attorney General Opinion 85-84. No other procedure was authorized for pending or repeated violations. In 1986, the Legislature amended s. 162.09 , F.S., to provide in relevant part, that a code enforcement board upon notification by the code inspector that an order of the board, has not been complied with by the set time or has been repeated by the same violator, "may order the viol...

...does not substitute for a judicial warrant necessary to arrest the owner. Sincerely, Bill McCollum Attorney General BM/tals 1 City of Hallandale Beach, Florida, Unsafe Structures Board Order #03-08, November 10, 2008. 2 Section 162.02 , Fla. Stat. 3 Section 162.09 (1), Fla....

following question: In light of the amendments to section 162.09, Florida Statutes, authorizing the local governing

...e law conflict preemption claim. The first two are that Sections 775.083(1) and 787.29 of the Florida Statutes preempt the Ordi- nance. Third, it claims that the district court abused its discretion by refusing to consider the Club’s argument that Section 162.09 of the Florida Statutes preempts the fines imposed by the Ordinance. Had the district court properly considered its Section 162.09 argu- ment, the Club says, the court would not have dismissed its conflict preemption claim. First up is the Club’s Section 775.083(1) conflict preemption argument....

...USCA11 Case: 20-14292 Date Filed: 08/01/2022 Page: 51 of 66 20-14292 Opinion of the Court 51 Third, the Club claims that the district court abused its dis- cretion in ignoring the Club’s argument that Section 162.09 preempts the Ordinance’s penalty scheme. The Club says that a Florida appellate court’s interpretation of Section 162.09 in City of Miami Beach v. Nichols, 314 So.3d 313 (Fla. 3rd DCA 2020), shows that Section 162.09 established a penalty maximum for a broad range of code enforcement matters, 10 so the City cannot pass an ordinance that exceeded those statutory caps....

...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 na- ture.” FLA. STAT. ANN. § 162.09(2)(d). USCA11 Case: 20-14292 Date Filed: 08/01/2022 Page: 52 of 66 52 Opinion of the Court 20-14292 In Williams v....

...versible error. See id. The district court did not abuse its discretion by declining to consider the Club’s argument, even though Nichols was decided after the Club’s briefing had been completed, because the Club had never previously argued that Section 162.09 preempted the Ordi- nance. The district court found this especially problematic because the litigation had been ongoing for three years, and the Club had likewise claimed that Section 775.083(1)(e) preempted the Ordi- nance for the same reasons that Section 162.09 allegedly preempted the Ordinance....

...ucture, and because the dis- trict court did not abuse its discretion in ignoring the Club’s USCA11 Case: 20-14292 Date Filed: 08/01/2022 Page: 53 of 66 20-14292 Opinion of the Court 53 untimely Section 162.09 preemption argument, we affirm the dis- missal of the Club’s state preemption claim. VII. The only provision of the Ordinance that we find unlawful is Section 18-913(1)(b)....

...The Code Board, after a public hearing, found McCormick to be in violation of various code sections and ordered the imposition of daily fines. As the Code Board’s order called for a lien to be placed against McCormick’s property, a certified copy of the order was recorded in the Monroe County Public Records pursuant to section 162.09(3), Florida Statutes (1995)....

or repeated violation continues to exist."2 Section 162.09(1), F.S., provides: An enforcement board