Florida Statute 162.05 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT

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162.05 Local government code enforcement boards; organization.—

(1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members.

(2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.

(3)(a) The initial appointments to a seven-member code enforcement board shall be as follows:

1. Two members appointed for a term of 1 year each.

2. Three members appointed for a term of 2 years each.

3. Two members appointed for a term of 3 years each.

(b) The initial appointments to a five-member code enforcement board shall be as follows:

1. One member appointed for a term of 1 year.

2. Two members appointed for a term of 2 years each.

3. Two members appointed for a term of 3 years each.

Thereafter, any appointment shall be made for a term of 3 years.

(c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board.

(d) A member may be reappointed upon approval of the local governing body.

(e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member’s office vacant, and the local governing body shall promptly fill such vacancy.

(f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards.

(4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law.

(5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.

History.—s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89-268; s. 1, ch. 94-291; s. 1441, ch. 95-147.

Note.—Former s. 166.055.

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Amendments to 162.05

Annotations, Discussions, Cases:

Cases Citing Statute 162.05

Total Results: 10 | Sort by: Relevance | Newest First

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United States v. John Terrance Garcia, Phillip G. Jackman, 672 F.2d 1349 (11th Cir. 1982).

Cited 64 times | Published | Court of Appeals for the Eleventh Circuit | 33 Fed. R. Serv. 2d 1480, 1982 U.S. App. LEXIS 20240, 10 Fed. R. Serv. 359

under § 1581. See also 19 C.F.R. § 162.5 (1981) (regulation embodying language substantially

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City of Gainesville Code Enf't Bd. v. Lewis, 536 So. 2d 1148 (Fla. 1st DCA 1988).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1988 WL 139520

...Buchholz filed a motion to dismiss CEB's complaint for failure to state a cause of action upon which relief could be granted alleging that: (1) CEB failed to allege statutory or jurisdictional authority for bringing the action; (2) the city attorney 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....

...ough 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 city; (3) assuming Buchholz accurately interpreted AGO 86-10 regarding the impropriety of the amended li...

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