Florida/Georgia Personal Injury & Workers Compensation

...The evidence suggests that Lafayette Square apartments were plagued by serious problems, including collapsed ceilings, major leaks, constant mold and mildew, water leakage from light fixtures, and roach and other insect infestations. 3 Fla. Stat. § 162.03....

coverage of such employee or such member.... Section 162(3) further provides that exceptions of the policy

...At the conclusion of that hearing, the special master would have issued a final administrative order. Code of the City of Miami Beach §§ 14-408(c); 102-385(c). Then, the Club would have been entitled to appeal that order to the Florida State Circuit Court. Fla. Stat. Ann. § 162.11; see also Fla Stat. Ann. § 162.03 (providing that special masters with enforcement authority have the “same status” as enforcement boards for purposes of Fla....

appeals. II. To be deductible under section 162, 3 an expenditure must meet five conditions

...on appeal.3 In count IV of their complaint, the plaintiffs challenged the City’s authority to vest special masters with the power to adjudicate alleged violations of County ordinances such as the County noise ordinance at issue here. The plaintiffs argued that section 162.03, Florida Statutes, only allowed the City to “designate enforcement methods and penalties to be imposed for violation of ordinances adopted by the municipality.” Since the City had never formally adopted the County noise ordinanc...

also Boarding & Search of Vessels, 19 C.F.R. § 162.3(a) (1999). 6 This broad grant of authority

...urs. This preliminary hearing is held before a code enforcement official called a special master who, according to the City, is appointed pursuant to chapter 162, Florida Statutes, in lieu of appointing a local government code enforcement board. See § 162.03, Fla....

of the Coast Guard is not limited by 19 C.F.R. § 162.3(a)). 3 . 21 U.S.C. § 955a(f) provides:

...to allow the trial court to address the initial issue of whether this action was barred by the principal of res judicata. The trial court found the county's use of hearing officers for its code enforcement proceedings to be statutorily authorized by section 162.03(2), Florida Statutes, therefore, the court concluded that the hearing officer's findings and assessment of fines were not void and subject to collateral attack in this proceeding....

...Under Johnson, we simply may not presume that section 162.06(4) employs useless language. Accordingly, we must find that the legislature did not intend to limit the county's administrative enforcement proceedings under Part I solely to compelling pending or repeat violators to comply. Second and more importantly, section 162.03(2) of Part I clearly and explicitly confers authority upon the County to adopt, by ordinance, a completely alternative code enforcement system to permit either a code enforcement board or an administrative hearing officer to conduct he...

...ens and maybe foreclosed pursuant to the procedures set forth in Florida Statutes, Chapter 173. 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....

...[2] City of Boca Raton v. State, 595 So.2d 25 (Fla. 1992). Although not expressly preempted by the legislature, chapter 162 of the Florida Statutes authorizes municipalities to create or abolish by ordinance local government code enforcement boards. Section 162.03(1), Fla....

...ost of its ordinances and a "Part II" enforcement scheme—that is, code enforcement officers with de novo review in the county court—for its animal control ordinances. We find nothing unconstitutional or even peculiar about this arrangement. First, section 162.03(2), Florida Statutes (1995), states that a county may "adopt an alternative code enforcement system which gives code enforcement boards or special masters [hearing officers], or both, the authority to hold hearings and assess fines against violators of ......

...ntitled. Accordingly we issue our writ quashing the decision of the circuit court, and direct further proceedings consistent herewith. Writ issued. NOTES [1] It appears that Miami-Dade County uses special masters, rather than boards, as permitted by section 162.03, Florida Statutes (2000). The special master has the same status as a code enforcement board. § 162.03(2), Fla....

...STRINGER and SILBERMAN, JJ., concur. NOTES [1] It appears from our record that Sarasota County uses special magistrates to hear code enforcement proceedings. The use of special magistrates instead of boards is authorized by section 162,03, Florida Statutes (2005). Under section 162.03(2), the special magistrate enjoys the same status as the code enforcement board....

2 See, Op. Att'y Gen. Fla. 93-2 (1993). 3 Section 162.03, Fla. Stat. (1995). 4 Section 162.01, Fla.

a local government code enforcement board. Section 162.03(1), F.S., supra. Prior to its amendment by

...year), unless the requirement is waived in writing by the sheriff. 10 See ss. 316.006 (2)(b)3. and 316.006(3)(b)4., Fla. Stat. 11 Section 316.008 (1)(a), Fla. Stat. 12 Section 316.003 (53)(b), Fla. Stat. 13 See s. 316.194 (3)(b)1.-3., Fla. Stat. 14 Section 162.03 (1), Fla....

1 Sections 162.01 and 162.02, Fla. Stat. 2 Section 162.03(1), Fla. Stat. 3 Section 162.09, Fla. Stat

also Boarding & Search of Vessels, 19 C.F.R. § 162.3(a) (1999).6 This broad grant of authority, particularly

also Boarding & Search of Vessels, 19 C.F.R. § 162.3(a) (1999).6 This broad grant of authority, particularly

of enforcing its codes. For example, while section 162.03, Florida Statutes, authorizes municipalities

ordinances in force in counties and municipalities.1 Section 162.03(1), F.S., provides, in part, that "[e]ach

enforce such restrictions and regulations. Section 162.03(1), Florida Statutes, provides that "[e]ach

Stat., for the short title for the act. 5 Section 162.03(1), Fla. Stat. And see Ch. 11, Art. II, Orange

...a Statutes. 3 This ordinance may give code enforcement boards or special masters designated by the local governing body "the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances." 4 Section 162.03 (2), Florida Statutes, provides that "[a] special master shall have the same status as an enforcement board under this chapter." The powers of enforcement boards and special masters are set forth in section 162.08 , Florida Statutes: "(1) Adopt rules for the conduct of its hearings....

...acts with a municipality to perform his or her duties is an officer for purposes of Article II , Section 5 (a), Florida Constitution. Sincerely, Richard E. Doran Attorney General RED/tgh 1 See , s. 162.01 , Fla. Stat. 2 Section 162.02 , Fla. Stat. 3 Section 162.03 (1), Fla. Stat. 4 Section 162.03 (2), Fla....

opinion in reaching its conclusion stated: Section 162.03, F.S., gives to local governing bodies the

municipalities. Section162.02, F.S. (1986 Supp.). Section 162.03(1), F.S. (1986 Supp.), provides that "[e]ach

sign codes."' Sections 162.01 and 162.02, F.S. Section 162.03, F.S., gives to local governing bodies the

1 Sections 162.01 and 162.02, Fla. Stat. 2 Section 162.03, Fla. Stat. 3 Section 162.09, Fla. Stat. 4

as provided in Part I of the act.3 Further, section 162.03, Florida Statutes, states that "[a] . . . municipality

that are uniform with those of Baker County. Section 162.03, Florida Statutes, authorizes municipalities

prescribed enforcement procedures in any way.10 Section 162.03(2), F.S., however, authorizes a municipality

...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....

...Nat’l City Bank of Cleveland, 902 So. 2d 233, 235 (Fla. 2d DCA 2005). Part I, entitled the “Local Government Code Enforcement Boards Act” (the “Act”), allows a county or municipality to adopt an administrative code enforcement system. Id.; see § 162.03(2), Fla....

...2d at 235; see § 162.21(8), Fla. Stat. The Act allows a county or municipality to enforce its code through an administrative process by designating either a special magistrate or code enforcement board, or both, to preside over enforcement proceedings. § 162.03(2), Fla....

...m the code inspector and the alleged violator and must make findings and issue an order.”). As relevant here, the County adopted an alternate code enforcement system, as authorized by the Act. See Monroe County, Fla., Code §8-28 (2021); § 162.03(2), Fla....

...alities, at their option, to create administrative boards for the purpose of providing "an equitable, expeditious, effective, and inexpensive method of enforcing the technical codes in force in counties and municipalities. . . ." Sections 162.02 and 162.03 , F.S....

...In AGO 84-55, this office concluded that local governing bodies do not possess any home rule power over the code enforcement boards or the duties and powers conferred and imposed on such boards by the Legislature. That opinion, in pertinent part, stated: Section 162.03 , F.S., gives to local governing bodies the option to create or abolish by ordinance such code enforcement boards, as provided in Ch. 162, but no authority to regulate such boards or their members is delegated to local governments other than as specified in ss. 162.03 and 162.05 ....

...Cooper City , 322 So.2d 602 (Fla. 4th DCA 1975). 7 See Op. Att'y Gen. Fla. 96-91 (1996). Cf. , Inf. Op. to Bingham, dated April 12, 1999 (municipal hearing master for vehicle impoundment program an officer). 8 See s. 162.01 , Fla. Stat., for the short title for the act. 9 Section 162.03 (1), Fla. Stat. 10 Section 162.03 (2), Fla....

...(2)[A County] may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards or special masters designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. § 162.03, Florida Statutes....

..., including imposing a fine when the code enforcement officer’s initial notice of violation is issued.). Finding that the County is specifically authorized by Chapter 162 to create its own system and procedure for enforcement of its Ordinance, see § 162.03(2), Florida Statutes, and that the County’s alternate system of enforcement is not preempted, expressly or impliedly, by Chapter 162, see Opinion of the Attorney General of Florida, 01-771 (2001), we grant the County’s Petition for Writ...