CopyCited 277 times | Published | Court of Appeals for the Eleventh Circuit | 2003 U.S. App. LEXIS 19293, 2003 WL 22137047
...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. The Board has the authority to issue final orders having the force
of law, id. §
162.08(5), and may adopt rules for the conduct of its hearings, id. §
162.08(1).
3
to Section 30A.11 of the Orlando City Code (“the City Code” or “the Code”)....
...But the dissent concludes that the Board does not have the power to review or
to reverse Rhodes’ unilateral condemnation decision notwithstanding the provisions
of §§ 5.06 and 30A.11. In support of this conclusion, the dissent cites Fla. Stat. §
162.08, which states that code enforcement boards may (1) adopt rules for the
conduct of their hearings, (2) subpoena alleged violators and witnesses, (3) subpoena
evidence, (4) take testimony under oath, and (5) “[i]ssue orders having the force of
law to command whatever steps are necessary to bring a violation into compliance.”
Fla. Stat. § 162.08. This statute, the dissent argues, does not authorize a code
enforcement board to review or to reverse a city’s condemnation decision. We
believe this reading of § 162.08 may be too narrow.
The City Code is violated when individuals are permitted to occupy any
premises or dwelling units that contain “major violations” of the Code....
...deemed necessary to bring the violations
at Lafayette Square into compliance. Such an order, while having the practical effect
of reversing Rhodes’ condemnation decision, would appear to fall squarely within the
Board’s power under Fla. Stat. § 162.08(5).
Thus, a fair argument could be made that the Board does have the power to
review and to reverse Rhodes’ condemnation decision....
...Rhodes may be vested with the unilateral power to condemn a building. See Fla. Stat.
§
162.06(4).) But the dissent’s competing view is well-taken, and it might well be
true that the Board lacks the power to review Rhodes’ unilateral condemnation order
under §
162.08....
...§ 5.05(g). The Florida legislature, however, only empowers local enforcement
boards, in pertinent part, to “[i]ssue orders having the force of law to command
whatever steps are necessary to bring a violation into compliance,” Fla. Stat. Ann. §
162.08(5) (2003), and not, for example, to review a city’s unilateral condemnation
order.2
That limited jurisidiction is substantiated by the Board’s own understanding
of its role in the code enforcement process....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...1 Section
162.07 (1), F.S., provides that a hearing may also be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. 2 Section
162.07 (3), F.S. 3 Section
162.07 (4), F.S. 4 Id . 5 Section
162.08 , F.S....
CopyAgo (Fla. Att'y Gen. 2002).
Published | Florida Attorney General Reports
...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....
...Hocker,
22 So. 721 (Fla. 1897). 8 Id. 9 The statutory language referred to was contained in section 166.08, Fla. Stat. (1981), at the time the opinion was rendered. The statute was subsequently renumbered and the relevant language is now contained in section
162.08 , Florida Statutes....
CopyAgo (Fla. Att'y Gen. 1985).
Published | Florida Attorney General Reports
...yond the time specified by the code inspector for correction. See , ss
162.06 and
162.07 , F.S. The board further has the power to `[i]ssue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.' Section
162.08 , F.S....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...ordinance as provided in Chapter 162 , Florida Statutes. 9 This ordinance may give code enforcement boards "the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances." 10 Pursuant to section 162.08 , Florida Statutes, each code enforcement board has the power to: "(1) Adopt rules for the conduct of its hearings....
...10 Section
162.03 (2), Fla. Stat. 11 See s.
162.11 , Fla. Stat. 12 The statutory language referred to was contained in s. 166.058, Fla. Stat. (1981), at the time the opinion was rendered. The statute was subsequently renumbered and the relevant language is now contained in s.
162.08 , Fla....
