Florida Statute 162.12 | 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. 162.12

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.

F.S. 162.12 on Google Scholar

F.S. 162.12 on Casetext

Amendments to 162.12

Arrestable Offenses / Crimes under Fla. Stat. 162.12

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.12.

Annotations, Discussions, Cases:

Cases Citing Statute 162.12

Total Results: 20

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: enforcement procedure be given to a violator); § 162.12, Fla. Stat. (2022) (governing how notice may be

ROGER QUISENBERRY v. CITY OF WEST PALM BEACH, FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-13T00:53:00-07:00

Snippet: , for appellee. PER CURIAM. Affirmed. See § 162.12(1)(a), Fla. Stat. (2007); Moustakis v. City of

Kemp & Associates, Inc. v. Chisholm

Court: Fla. Dist. Ct. App. | Date Filed: 2015-02-06T00:00:00-08:00

Citation: 162 So. 3d 172, 2015 Fla. App. LEXIS 1555, 2015 WL 477856

Snippet: adoption judgment); see also Tex. Fam.Code Ann. § 162.012(a) (West 2010) (now providing six months). Florida

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: by hand-delivery or mail as provided in section 162.12.4 In its lien foreclosure action, the City was … at an address in Elmont, New York. . Section 162.12 states in relevant part: (1) All notices required

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Court: Fla. Att'y Gen. | Date Filed: 2010-07-29T00:53:00-07:00

Snippet: depending upon the identity of the violator. Section 162.12(1)(a), Florida Statutes, authorizes notice to be…" Another section of this statute, section 162.12(1)(c), Florida Statutes, authorizes the delivery

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

Snippet: shall be hand delivered or mailed as provided in s. 162.12 to said violator. . . . If the violation is corrected…hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board

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Court: Fla. Att'y Gen. | Date Filed: 2002-12-16T23:53:00-08:00

Snippet: codes and "[n]othing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing

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Court: Fla. Att'y Gen. | Date Filed: 2001-10-29T23:53:00-08:00

Snippet: quot;It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means …with local codes. Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing

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Court: Fla. Att'y Gen. | Date Filed: 2000-06-13T00:53:00-07:00

Snippet: with local codes. Nothing contained in ss.162.01-162.12 shall prohibit a local governing body from enforcing

Little v. D'ALOIA

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-16T23:53:00-08:00

Citation: 759 So. 2d 17

Snippet: out in section 162.12, Florida Statutes (1997). These procedures are as follows: 162.12. Notices (1) All…with the notice requirements outlined in section 162.12(1) by mailing the notice of violation to the post…received notice, which is not demanded by section 162.12, nor always required by law, see Evans v. Ireland…comply with the due process requirements of section 162.12. Had the City mailed the second notice, the notice…property and at City Hall, as outlined in section 162.12(2)(b)1, and thus the Littles' actual receipt

City of Tampa v. WA BROWN

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-24T00:53:00-07:00

Citation: 711 So. 2d 1188

Snippet: is "required," section 162.12 governs its delivery: 162.12 Notices. (1) All notices required…notices" which require compliance with section 162.12, Florida Statutes (1995). The question, however…must receive a notice of a hearing under section 162.12. See § 162.06, Fla. Stat. (1995). If the court … be a "required notice" under section 162.12. It is necessary to fill the procedural gaps in

Goodman v. County Court in Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 1998-04-15T00:00:00-07:00

Citation: 711 So. 2d 587, 1998 Fla. App. LEXIS 3864, 1998 WL 171482

Snippet: that: It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means …with local codes. Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing

Metropolitan Dade County v. Hernandez

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-31T23:53:00-08:00

Citation: 708 So. 2d 1008

Snippet: combining of Parts I and II was permitted: [S]ection 162.12(2) of Part I clearly and explicitly confers authority

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Court: Fla. Att'y Gen. | Date Filed: 1997-02-20T23:53:00-08:00

Snippet: codes and "[n]othing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing

Rep. of Estate of Jacobson v. Ins. Fund

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-14T23:53:00-08:00

Citation: 685 So. 2d 19

Snippet: Madiedo, 581 So.2d 158, 159-60 (Fla.1991). Section 162.12(1), Florida Statutes (1989), which authorizes the

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Court: Fla. Att'y Gen. | Date Filed: 1994-05-05T00:53:00-07:00

Snippet: codes and "nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing

Property Rights Protection Group, Inc. v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-17T00:00:00-08:00

Citation: 627 So. 2d 61, 1993 Fla. App. LEXIS 11655, 1993 WL 477695

Snippet: chapter 162 and specifically sections 162.09 and 162.12, Florida Statutes (1989), as well as the related

Snippet: McDonald, Overton, Shaw 17 September 1987 512 So. 2d 162, 12 Fla. L. Weekly 482, 1987 Fla. LEXIS 2318 John

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