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Fla. Stat. § 162.12 (2025)

Notices.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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162.12 Notices.—
(1) All notices required by this part must be provided to the alleged violator by:
(a) Certified mail, and at the option of the local government return receipt requested, to the address listed in the tax collector’s office for tax notices or to the address listed in the county property appraiser’s database. The local government may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.;
(b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body;
(c) Leaving the notice at the violator’s usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or
(d) In the case of commercial premises, leaving the notice with the manager or other person in charge.
(2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board or the local government, notice may be served by publication or posting, as follows:
(a)1. Such notice shall be published in print in a newspaper or on a publicly accessible website as provided in s. 50.0311 for 4 consecutive weeks. If published in print, the notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements.
2. Proof of publication shall be made as provided in ss. 50.041 and 50.051.
(b)1. In lieu of publication as described in paragraph (a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county.
2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting.
(c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1).
(3) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice.
History.—s. 1, ch. 80-300; s. 11, ch. 86-201; s. 3, ch. 87-391; s. 10, ch. 89-268; s. 6, ch. 94-291; s. 6, ch. 99-360; s. 3, ch. 2000-125; s. 1, ch. 2012-13; s. 2, ch. 2013-193; s. 1, ch. 2014-154; s. 14, ch. 2021-17; s. 14, ch. 2022-103.
Note.—Former s. 166.062.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1997–2024 · leading case: Little v. D'ALOIA, 759 So. 2d 17 (Fla. 2d DCA 2000).
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Little v. D'ALOIA, 759 So. 2d 17 (Fla. 2d DCA 2000). · cites it 6× “The Littles contend the City did not comply with the statutory procedures set out in section 162.12, Florida Statutes (1997). These procedures are as follows: 162.”
City of Tampa v. WA BROWN, 711 So. 2d 1188 (Fla. 2d DCA 1998). · cites it 5× “In reaching its conclusion that certified mail delivery was required, the trial court determined that code enforcement board orders contained "notices" which require compliance with section 162.12, Florida Statutes (1995). The question, however, is not what the order may…”
Ciolli v. City of Palm Bay, 59 So. 3d 295 (Fla. 5th DCA 2011). · cites it 2× “06, Florida Statutes (2003), the City was required to provide Ciolli with written notice of the Code Enforcement Board hearing by hand-delivery or mail as provided in section 162.12. 4 In its lien foreclosure action, the City was required to show , that it had satisfied the…”
City of Fort Lauderdale v. Scott, 888 F. Supp. 2d 1279 (S.D. Fla. 2012). · cites it 2× “of Terry Burgess); see also Fla. Stat. § 162.12 (listing permissible notice methods for local code violations); Fort Lauderdale, Fla.”
Rep. of Est. of Jacobson v. Ins. Fund, 685 So. 2d 19 (Fla. 3d DCA 1997). · cites it 2× “Section 162.12(1), Florida Statutes (1989), which authorizes the lien in this case, 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.”
Robert S. Levin, e al v. Palm Beach Cnty. (11th Cir. 2018). · cites it 4× “See Fla. Stat. § 162.12 (1) (1998).2 The Levins and the County each moved for summary judgment.”
Roger Quisenberry v. City of West Palm Beach, Florida (Fla. 4th DCA 2022). · cites it 2× “See § 162.12(1)(a), Fla. Stat. (2007); Moustakis v.”
Green Terrace E33, LLC v. Joseph Abruzzo, as Clerk & Comptroller for Palm Beach Cnty., Florida (Fla. 4th DCA 2024). · cites it 2× “(2022) (requiring notice of a code enforcement procedure be given to a violator); § 162.12, Fla. Stat. (2022) (governing how notice may be given).”
— 162.12(1) — 2 cases
Little v. D'ALOIA, 759 So. 2d 17 (Fla. 2d DCA 2000). “The Littles contend the City did not comply with the statutory procedures set out in section 162.12, Florida Statutes (1997). These procedures are as follows: 162.”
Rep. of Est. of Jacobson v. Ins. Fund, 685 So. 2d 19 (Fla. 3d DCA 1997). “Section 162.12(1), Florida Statutes (1989), which authorizes the lien in this case, 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.”
— 162.12(1)(a) — 1 case
Roger Quisenberry v. City of West Palm Beach, Florida (Fla. 4th DCA 2022). “See § 162.12(1)(a), Fla. Stat. (2007); Moustakis v.”
— 162.12(2)(b) — 1 case
Little v. D'ALOIA, 759 So. 2d 17 (Fla. 2d DCA 2000). “The Littles contend the City did not comply with the statutory procedures set out in section 162.12, Florida Statutes (1997). These procedures are as follows: 162.”
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