Florida/Georgia Personal Injury & Workers Compensation

...ded: Failure to comply with any of the provisions of this order shall be punished by a fine of $100.00 per day for each day the violation is shown to exist past the specified time for compliance. A fine may become a lien on your property pursuant to Section 162.09, Florida Statutes....

...If the owner does not comply, the code inspector notifies the board, which "may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance." § 162.09(1), Fla....

...has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine." Id. Although fines cannot exceed $250 per day for a first violation or $500 per day for a repeat violation, there is no cap on the total fine that can be imposed unless the violation is irremediable. § 162.09(2)(a)....

...In determining the amount of the fine to be imposed, the code enforcement board must consider (1) the gravity of the violation, (2) any actions taken by the violator to correct the violation, and (3) any previous violations committed by the violator. § 162.09(2)(b). [1] Finally, the order imposing the fine may be recorded in the public records "and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator." § 162.09(3)....

...mpa v. Brown, 711 So.2d 1188 (Fla. 2d DCA 1998); see also Michael D. Jones, P.A. v. Seminole County, 670 So.2d 95, 96 (Fla. 5th DCA 1996) (stating, "[a]lthough [code enforcement] boards can assert a lien against real or personal property, presumably section 162.09 would be interpreted to permit the presentment of *146 defenses prior to enforcement of any lien")....

...fidavit. The Masseys were not provided notice of the meeting at which the propriety of the fines and lien were addressed or any opportunity to be heard at the meeting or thereafter. The Code Enforcement Board did not consider the factors required by section 162.09(2)(b) in determining the amount of the fine imposed, and indeed there was no evidence presented to the Board regarding those factors....

...th this opinion. WHATLEY, J., and GREEN, OLIVER L., SENIOR JUDGE, Concur. NOTES [1] Although these considerations apply to the issuance of a lien order, it is unclear when these issues should be addressed if no hearing is held. Moreover, even though section 162.09(2)(c) permits a code enforcement board to reduce any fine it imposes, the statute provides no formal procedure to request or grant that relief....

...ed their Eighth Amendment right against excessive fines. In Counts II through V, the Wilsons sought declaratory relief, challenging the facial constitutionality of various code enforcement statutes and ordinances. Specifically, Count II alleged that section 162.09(1), Florida Statutes [1] and section 11-37(a), Orange County Code, were facially unconstitutional for authorizing imposition of fines and liens against property without providing for notice and an opportunity to be heard. Count III alleged that sections 162.07 and 162.09(1), Florida Statutes, and sections 11-35 and 11-37(a), Orange County Code, were facially unconstitutional for authorizing the imposition of fines and liens based solely upon the affidavit of a code inspector. Count IV alleged that section 162.09(1), Florida Statutes, and section 11-37(a), Orange County Code, were facially unconstitutional for authorizing imposition of excessive fines....

...in a separate declaratory action. Accordingly, we reverse the dismissal with prejudice as to all five counts of the complaint and remand for further proceedings. REVERSED and REMANDED. MONACO, J., and DAVIDSON, L., Associate Judge, concur. NOTES [1] Section 162.09(1), Florida Statutes (1997) provided in pertinent part: An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time ......

...Sapurstein, Miami, for Appellee First Union. PER CURIAM. Rickey L. Kirby appeals a summary final judgment of foreclosure authorizing *1215 the sale of real property owned by him to satisfy a lien in favor of appellee, City of Archer, created pursuant to section 162.09(3), Florida Statutes (1997)....

...erating, wrecked or junked vehicle or vehicle in a state of substantial disrepair" on any real property within the City. Kirby did not appeal the final order of the Code Enforcement Board which levied the fine and led to the filing of the lien under section 162.09(3)....

...s barred by the doctrine of res judicata. II Verdi argues on this appeal that the trial court erred because the legislative intent of Part I of Chapter 162 (or the "Local Government Code Enforcement Boards Act") as evinced in sections 162.02 [2] and 162.09(1) [3] was to authorize the creation of administrative proceedings to address only pending or repeat code violations and not past violations....

...ines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. [3] Section 162.09(1) provides: An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or, upon finding that a repeat violation has been committed, may order the vio...

...dant, COUNTY OF VOLUSIA. The Court finds the Defendant COUNTY has not sought to foreclose its Code Enforcement Board lien on the homestead real property of the Plaintiff, and accordingly, neither the statutory nor constitutional prohibitions of Sec. 162.09(3), Florida Statutes, and Art....

...riminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation exists." Section 162.02, Fla. Stat. (1991). Section 162.09(3), Florida Statutes (1991), provides in pertinent part: A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator....

...Chapter 162, Florida Statutes (1983), entitled Local Government Code Enforcement Boards Act, is designed to provide effective methods of enforcing local codes and ordinances. It authorizes local governmental bodies to create boards which can impose administrative fines and other noncriminal penalties. Section 162.09 provides that the recording of a certified copy of an order imposing a fine constitutes a lien against the land upon which the violation exists. The act is silent, however, as to the priority of liens which accrue under implementation of the act. On May 15, 1984, the County enacted Ordinance 84-06 pursuant to chapter 162. Section 11 of the ordinance mirrors the procedure referred to in section 162.09 but additionally stipulates that when a certified copy of such an order is recorded, it becomes a lien "superior to all other liens, except a lien for taxes." At a hearing on May 6, 1987, the Sarasota County Code Enforcement Board foun...

the mechanical recording statute provided in section 162.09, Florida Statutes (2004), or that the Florida

...d defendants to collect a fine pursuant to said Chapter. Said cause of action did not exist at common law. On appeal the City contends that the legislature intended to confer the right to maintain an action at law to collect the fine when it enacted section 162.09(3), Florida Statutes (1987), as amended October 1, 1989....

...efit. We reject these arguments. First, we are not persuaded that the legislature intended to confer upon code enforcement boards the right to collect a fine by an action at law. The City contends that the following language in the 1989 amendment to section 162.09(3) authorizes a suit at law to collect a fine: "[a] fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to t...

...We therefore affirm the trial court's order dismissing the City's action for a money judgment. We have considered the City's other points on appeal and find them to be without merit. Affirmed. PATTERSON, J., and RONDOLINO, ANTHONY, Associate Judge, concur. NOTES [1] Section 162.09(3), Florida Statutes (1989): A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator....

...Subsequently, the code enforcement board found in favor of the City and issued a final order requiring Miskin to alleviate the problems by January 26, 1992, or be subject to a $150.00 fine per day each day the violations exist. Eventually, the City recorded the order as a *416 lien in the public records pursuant to section 162.09, Florida Statutes (1993)....

...e administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla. Stat. (1993). Specifically, section 162.09(3) provides: A certified copy of an order imposing a fine may be recorded in the public record and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator....

...The seller argues that code violations do not render a title unmarketable and even if they did, the buyer waived any defect by failing to provide written notice of any defects after receipt of a clean title and waived any defects at closing by agreeing to an "as is" rider. The violations in question were rendered pursuant to section 162.09(1), Florida Statutes (2005), which entitles county organizations to fine those who violate county code ordinances. These fines, if left unpaid, "may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator." § 162.09(3), Fla....

...ney 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. Att'y Gen. Fla. 86-10 (January 29, 1986) ("AGO 86-10") which interpreted section 162.09 to mean that a municipality may not provide for continued running of fines against property owners for noncompliance after a lien has been recorded and a municipality may not amend its original lien to include portions of fines accumulating after the original lien was recorded; (4) the original lien was defective according to 1985 Op. Att'y Gen. Fla. 85-84 (October 25, 1985) ("AGO 85-84") which interpreted § 162.09 to mean that a code enforcement board must find that the same violation has been repeated by the same violator before it can impose a fine for each day the repeated violation continues past the date set for compliance; and (5) the date of r...

..., 1985 does not state the date that corrective action was actually taken, so that the fine assessment through 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...

...inspector must notify the board and request a hearing. Section 162.06. Under the procedures set forth in section 162.07, the board must issue findings of fact, conclusions of law and an order affording the proper relief consistent with the statute. Section 162.09 authorizes the board, upon notification by the code inspector that a previous order of the board has not been complied with by the set time or, upon finding that the same violation has been repeated by the same violator, to assess fine...

...Buchholz asserts that according to AGO 85-84, CEB's original lien was fatally defective in that CEB never made a separate finding that the same violation had been repeated by the same violator, thus CEB had no authority to impose any fine. AGO 85-84 interpreted section 162.09 to require that a code enforcement board make a separate finding that a violation has been repeated by the same violator before it may impose a fine for each date the repeated violation continues past the date set for compliance. The attorney general stated that the statute authorized or contemplated no other procedure for pending or repeated violations. The plain language of section 162.09 provides that a board may assess a fine when notified that "......

...It never alleged that the same violation was repeated by the same violator. A separate finding was not needed. However, if AGO 85-84 can be read to require a separate finding of a repeat violation for a pending noncompliance order, such an interpretation is unreasonable given the clear language of section 162.09....

...Neither party's position is entirely correct. Chapter 162, Florida Statutes (2004), which deals with county or municipal *55 code enforcement, limits the County to imposing fines and collecting the repair costs it actually incurs in correcting code violations. Section 162.09(1), Florida Statutes (2004), permits a local code enforcement board to impose fines against a property owner who fails to correct conditions constituting code violations on his or her property. The County may also "make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section." § 162.09(1). Section 162.09(2)(a) sets forth the permissible per diem fines and permits those fines to be imposed together with "all costs of repairs pursuant to subsection (1)." Section 162.09(2)(b) sets forth the criteria to be used in determining the amount of the fine....

...In the alternative, the County argues that the payroll expenses for its code enforcement employees were properly included in the lien on Stratton's property as part of the "costs of repair" incurred in correcting the violation. However, this argument fails for three reasons. First, the plain language of section 162.09(2) makes it clear that "costs of repair" do not include payroll expenses for code enforcement employees' time. Section 162.09(2)(d) permits counties to impose higher fines than those set out in section 162.09(2)(b) under certain circumstances. In addition to those higher fines, section 162.09(2)(d) permits a county to " impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1)." (Emphasis added.) From this statutory language, it is...

...The homestead exemption must be liberally construed in the interest of protecting the family home. Havoco of Am., Ltd. v. Hill, 790 So.2d 1018, 1020 (Fla. 2001). However, the exemption is not to be liberally construed so as to make it an instrument of fraud or imposition on creditors. Id. Section 162.09, Florida Statutes, authorizes county or municipal code enforcement boards to levy fines and impose liens on the deficient property. However, it states: No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. § 162.09(3), Fla....

...ed, and the Board provided no notice of its intent to enter the Order Imposing Fine to either Banker's Trust or Jones. Once the City recorded a certified copy of the Order Imposing Fine, it became a lien against the property by operation of law. See § 162.09(3), Fla....

...to us as having crossed the line between "quasi-judicial" and "judicial." Such boards may impose fines for code violations but they cannot impose criminal penalties. Although boards can assert a lien against real or personal property, [1] presumably section 162.09 would be interpreted to permit the presentment of defenses prior to enforcement of any lien....

...ts." Deprivation of an individual's due process rights, as these accounts indicate may have happened, can be addressed and remedied by a court in a proper case. But this is not that case. AFFIRMED. PETERSON, C.J., and GRIFFIN, JJ., concur. NOTES [1] § 162.09, Fla.Stat....

...arcel of real property to be void ab initio because the City failed to send its orders to the property owner by certified mail. We reverse. The sole issue in this case is whether a code enforcement board order entered pursuant to sections 162.07 and 162.09, Florida Statutes (1995), must be provided to the property owner by certified mail....

...2. See § 162.06, Fla. Stat. (1995). If the court finds a code violation at the hearing, it enters an order pursuant to section 162.07. This order may include a deadline for compliance and notice that a fine may be imposed for failure to comply. See § 162.09, Fla. Stat. (1995). The statute does not require that a copy of this order be provided to the violator. If the violator fails to comply with the section 162.07 order, a second order may be entered under section 162.09 imposing a continuing fine. This order, upon recording in the public records, becomes a lien on the property. See § 162.09(3), Fla. Stat. (1995). It is this type of order which is the subject of this case. Section 162.09, however, does not provide for a hearing and does not require that the order entered be provided to the violator....

the orders in the public record pursuant to section 162.09(3), Florida Statutes, which states: A certified

...rity to "impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities." § 162.02, Fla. Stat. (2003). Section 162.09(3), Florida Statutes (2003), provides the mechanism and limitations of the liens created under the Chapter: A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter...

...(the "FHA"), the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the "ADA"), the Rehabilitation Act of 1973 *1312 (the "Rehabilitation Act"), the equal protection and procedural due process provisions of the United States and Florida Constitutions, and Section 162.09 of the Florida Statutes....

...Finally, Plaintiffs' Amended Complaint seeks to appeal the August 25, 2005 hearing pursuant to Section 162.11, Florida Statutes. In addition to re-asserting the claim that the City's attorney acted in an improper dual role, Plaintiffs also argue that the CEB failed to observe the statutory procedures outlined in Section 162.09(b), Florida Statutes, which requires a code enforcement board to consider the following factors in determining a fine: (i) the gravity of the violation; (ii) any actions taken by the violator to correct the violation, and (iii) any previous violations committed by the violator....

...the CEB considered each of these factors in reaching its conclusion. Plaintiffs have thus failed to establish that they were denied constitutionally adequate process by the CEB. Accordingly, the City did not violate Plaintiffs' due process rights or Section 162.09, Florida Statutes....

...as for its uses than it is about a failure to accommodate the handicapped. Plaintiffs have further failed to establish a violation of their procedural due process rights pursuant to the United States and Florida Constitutions and Sections 162.11 and 162.09 of the Florida Statutes....

property owners. One such way is to impose a fine. § 162.09(1), Fla. Stat. (2003). If the viola*1103tor does

...Monroe County appeals from a writ of mandamus commanding it to pay Joan McCormick $12,205.75 plus statutory interest pursuant to a final judgment on attorney's fees. We reverse. The County contends that the trial court erred by failing to grant it a set-off based on a code enforcement lien, pursuant to section 162.09(3), Florida Statutes (1995), against McCormick's property....

...Second, we note that the County properly recorded a certified copy of the order imposing the fine in the public records and that, as such, it constitutes "a lien against the land on which the violation exists and upon any other real or personal property owned by the violator." § 162.09, Fla. Stat. (1995). Next, we address McCormick's contention that a set-off is improper because the code enforcement lien cannot be foreclosed against her real property as it is homestead property. § 162.09(3), Fla....

...(1995). In Miskin v. City of Fort Lauderdale, 661 So.2d 415 (Fla. 4th DCA 1995), the Fourth District Court of Appeal explained that although a code enforcement lien is unenforceable against homestead property, this does not invalidate the lien. Further, section 162.09(3) states that "[u]pon petition to the circuit court, such [code enforcement] order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property...." Therefore, the...

...The instant cause of action was to foreclose on a lien that was $9,900 as of March 12, 1990, which at that time was well above the jurisdictional limit of the county courts. Therefore it was error for the circuit court to dismiss the case for lack of jurisdiction. We note further that because section 162.09(3), Florida Statutes (1993), provides for the continued accrual of the fine imposed on appellee until he comes into compliance or until a judgment is rendered, appellant should record a certified copy of an updated *651 order imposing the current amount of the fine....

...The trial court's order also found that "three (3) of the four (4) original code violations remain uncorrected on [Fong's] property and, therefore, said civil penalties shall continue to accrue on a daily basis until the violations have been corrected by [Fong]." This was error under section 162.09(3), Florida Statutes (2000), which provides that "[a] fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first." (emphasis added)....

create a lien in favor of the City pursuant to section 162.09, Florida Statutes (2003).2 Approximately one

...(d) The reasonable costs of such work, and all incidental costs, shall be in addition to, and included in, the fine imposed by the code enforcement board and shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator, pursuant to section 162.09, Florida Statutes....

powers granted [in Ch. 162, F.S.]. . . ."4 Section 162.09, F.S., in pertinent part, provides: (1)

effectively accomplish municipal code enforcement. Section 162.09(2), Florida Statutes, provides for the amount

enforcement board impose the daily fine prescribed in section 162.09, Florida Statutes, for violations of its occupational

after that order has been recorded pursuant to section 162.09(3), Florida Statutes? In sum: A code enforcement

imposed. Under the conditions specified in section 162.09(1), Florida Statutes, the cost of repairs may

See, AGO's 85-53, 85-27, 85-17, and 84-55. Section 162.09, F.S., was amended by s. 2, Ch. 85-150, Laws

$50 per day for each day of noncompliance. Section 162.09, Florida Statutes, provides that if an order

other things, impose administrative fines.2 Section 162.09(3), F.S., provides that a certified copy of

statutorily prescribed enforcement procedures.5 Section 162.09, F.S., authorizes the imposition of an administrative

IV, Doty seeks a declaratory judgment that Section 162.09, Fla.Stat. (1993), is unconstitutional on its

form the basis for charging a repeat offense. Section 162.09, Florida Statutes, sets forth the administrative

is not complied with by said date. . . ."5 Section 162.09, Florida Statutes, authorizes the imposition

and the order was recorded as a lien under section 162.09(3), Florida Statutes (2018). The City

imposition of administrative fines); AGO 85-17. Section 162.09, F.S., provides as follows: Administrative

“bypassed the statutory requirements of Fla. Stat. § 162.09” and violated the procedure 1 Specifically

pursuant to the act. Your question arises because section 162.09, Florida Statutes, authorizes the imposition

was not certified, it was unenforceable under § 162.09, Fla.Stat. (1989). We cannot say that the complaint

Such a conclusion was based on the language of section 162.09, Florida Statutes (1993), relating to administrative

enforced. On cross-appeal, the park argues that section 162.09 Florida Statutes (1995) does not authorize

See, AGO's 85-84, 85-27, 85-17 and 84-55. Section 162.09, F.S., providing for imposition of administrative

Statutes, would preclude such an arrangement. Section 162.09, Florida Statutes, sets forth administrative

...requires that the alleged violator be sent notice by certified mail, by hand delivery, or by leaving the notice at the violator's place of residence. The record in this case shows that the required notice was sent only by regular mail. In addition, section 162.09(3), Florida Statutes (1989) states that, if the lien is to be recorded in the public records, a certified copy of the order imposing the fine must be recorded....

Legislature's intent). 12 Section 162.03, F.S. 13 Section 162.09(2)(a), F.S. 14 See, Speights v. State, 4145

the date set by the board for compliance. See § 162.09(1), Fla. Stat. “A certified copy of an order imposing

specific case before the board. Question Three Section 162.09, Florida Statutes, provides for the imposition

manner other than that provided in Ch. 162. Section 162.09, F.S., makes provision for administrative fines

boards pursuant to the provisions of the act.3 Section 162.09, Florida Statutes, authorizes the imposition

stated that a lien was being imposed pursuant to section 162.09, Florida Statutes (2006), and that once recorded

and a daily $550 fine as of March 18, 2011. See § 162.09(3), Fla. Stat. (2024) (“A certified copy of an

refuses to reduce a fine imposed pursuant to section 162.09, Florida Statutes, is the city council authorized

enforcement method available to the city pursuant to section 162.09(3), Florida Statutes, is an action to foreclose

order is not complied with by said date. (e.s.) Section 162.09, F.S., which authorizes administrative fines

November 10, 2008. 2 Section 162.02, Fla. Stat. 3 Section 162.09(1), Fla. Stat. 4 See ss. 933.20-933.30, Fla

following question: In light of the amendments to section 162.09, Florida Statutes, authorizing the local governing

refusing to consider the Club’s argument that Section 162.09 of the Florida Statutes preempts the fines

the Monroe County Public Records pursuant to section 162.09(3), Florida Statutes (1995).1 The original

or repeated violation continues to exist."2 Section 162.09(1), F.S., provides: An enforcement board