Florida Statute 162.23 | 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. 162.23

162.23 Notice to appear.—

(1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person.

(2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible.

History.—s. 1, ch. 96-385; s. 7, ch. 99-360.

F.S. 162.23 on Google Scholar

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Amendments to 162.23

Arrestable Offenses / Crimes under Fla. Stat. 162.23

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 162.23.

Annotations, Discussions, Cases:

Cases Citing Statute 162.23

Total Results: 5

Connecticut Mutual Life Insurance Co. v. Fisher

Court: District Court of Appeal of Florida | Date Filed: 1964-06-09

Citation: 165 So. 2d 182

Snippet: time. See Young v. Hill [6 Hun. 613], 67 N.Y. 162, 23 Am. Rep. 99; Sanford v. Lundquist, 80 Nebr. 414

Morgan v. Mortgage Discount Co.

Court: Supreme Court of Florida | Date Filed: 1930-07-01

Citation: 129 So. 589, 100 Fla. 124

Snippet: extension of time. See Young v. Hill, 67 N.Y. 162, 23 Am. R. 99; Sanford v. Lundquist, (Nebr.) 118 N

Merrill-Stevens Co. v. Durkee

Court: Supreme Court of Florida | Date Filed: 1911-06-15

Citation: 62 Fla. 549

Snippet: 19 Mich. 325; Newell v. Leathers, 50 La. Ann. 162, 23 South. Rep. 243; Gorton v. Rice, 153 Mo. 676, 55

Atlantic Coast Line Railroad v. Beazley

Court: Supreme Court of Florida | Date Filed: 1907-06-15

Citation: 54 Fla. 311

Snippet: 237; Spitze v. *342Baltimore & O. R. Co., 75 Md. 162, 23 Atl. Rep. 307, S. C. 32 Am. St. Rep. 378; Lease

Sanderson's Administrators v. Sanderson

Court: Supreme Court of Florida | Date Filed: 1880-06-15

Citation: 17 Fla. 820

Snippet: justly due. 13 Mass., 164; 40 Miss., 711; 13 Mass., 162; 23 Pen. State, 95; 9 Maryland, 317; 2 Kent’s Com.