CopyCited 241 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 21094, 2008 WL 4498944
...ted two more of Schwarz’s
properties -- 250 115th Avenue and 10214 Tarpon Drive -- on the same tourist-
dwelling theory.
Instead of appealing the Board’s interpretation of the zoning ordinance to the
state circuit court, see Fla. Stat. § 162.11; Code § 2-169, on September 9, 2005,
Schwarz, along with Gulf Coast Recovery and several Jane and John Does, sued
Treasure Island and the Code Enforcement Board in the United States District
Court for the Middle District of Florida....
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit
Florida State Circuit Court. Fla. Stat. Ann. §
162.11 ; see also Fla Stat. Ann. § 162
CopyCited 13 times | Published | Florida 2nd District Court of Appeal | 2003 WL 255453
...r a copy of the lien order. Although an "aggrieved party" may appeal a final administrative order of the board to the circuit court, that appeal is not a hearing de novo but simply an appellate review of the record before the code enforcement board. § 162.11, Fla....
CopyCited 12 times | Published | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 11655, 2004 WL 1750703
...First, failure to exhaust administrative remedies is an affirmative defense that is not apparent on the face of the complaint. Thus, it cannot be a valid basis for dismissal. Scovell. Second, failure to file an appeal to the circuit court pursuant to section 162.11, Florida Statutes, is not technically an administrative remedy....
...For these reasons, we conclude that the Wilsons' facial constitutional challenges cannot be barred by failure to exhaust administrative remedies. Res Judicata We do not mean to imply that the Wilsons could not have raised their facial *632 challenges in an appeal to the circuit court of the order imposing fines. Section
162.11, Florida Statutes, provides for an appeal of CEB final orders, which has been held to be the proper forum to address constitutional claims. See Holiday Isle Resort & Marina Associates v. Monroe County,
582 So.2d 721, 721 (Fla. 3d DCA 1991) (holding that appeal under section
162.11 was proper forum to raise both facial and as applied constitutional challenges to code enforcement procedure)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 2001 WL 877397
...roperty owned by him to satisfy a lien in favor of appellee, City of Archer, created pursuant to section
162.09(3), Florida Statutes (1997). For the reasons that follow, we affirm. The City's lien arose from fines imposed pursuant to sections
162.06-
162.11, Florida Statutes (1997), by the City's Code Enforcement Board....
...If he contested the facts raised by the Code Enforcement Board, he was obligated to present his evidence to the Board at that time. If he then disputed the final order of the Board, his remedy was to file an appeal in the circuit court pursuant to section 162.11, Florida Statutes (1997)....
...Further, Kirby's as applied constitutional challenge may not be raised for the first time in the foreclosure action. "[C]onstitutional claims ... are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to section 162.11, Florida Statutes...." Holiday Isle Resort & Marina Assoc....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1991 WL 116868
...Tobin, Key Largo, for petitioners. Joseph H. Kelinson, Key West, for respondents. Before HUBBART, JORGENSON and GODERICH, JJ. PER CURIAM. This is a consolidated petition for a writ of certiorari which seeks review of two circuit court orders dismissing appeals taken under Section 162.11, Florida Statutes (1989), by Holiday Isle Resort and Marina Associates and Joe Roth [petitioners] from adverse orders of the Monroe County Code Enforcement Board....
...Vaillant,
419 So.2d 624, 626 (Fla. 1982). Contrary to the circuit court's determination, constitutional claims such as those *722 raised by the petitioners herein are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to Section
162.11, Florida Statutes (1989), see Key Haven Assoc....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 1667, 1986 Fla. App. LEXIS 9106
...the essential requirements of law. We quash the order of the circuit court and reinstate the order of the Code Enforcement Board. SHARP and COWART, JJ., concur. NOTES [1] The circuit court was acting in its capacity as an appellate court pursuant to section 162.11, Florida Statutes (1985).
CopyCited 4 times | Published | District Court, M.D. Florida | 1996 U.S. Dist. LEXIS 17674, 1996 WL 683618
...the Plaintiff 90 days to comply with the ordinance. The Plaintiffs filed a suit in state court to appeal the order of the City's Code Enforcement Board. The complaint contained counts for injunction and declaratory relief pursuant to Florida Statute § 162.11....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4922913
...The appellate division nonetheless reversed both the enforcement and mitigation orders. As to the enforcement order, Sabina, as property owner, pled guilty at the enforcement hearing, and neither he nor fellow property owner Cortes appealed that order. See § 162.11, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 19320, 2007 WL 4269035
...After conducting a hearing, the circuit court denied the City's motion for reconsideration. Article V, section 5(b) of the Florida Constitution authorizes circuit court appellate jurisdiction for "direct review of administrative action prescribed by general law." Section 162.11, Florida Statutes, specifically authorizes appeals of final administrative orders of enforcement boards to the circuit court....
CopyCited 2 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 17051, 1993 WL 502534
...This section states that the period of the affected military member's service is not to be included in the computation of any statute of limitations period. This section expressly refers not only to proceedings in courts, but also to those occurring before boards or other agencies of government. Chapter 162.11, Florida Statutes, allows a party to an enforcement board action to appeal the final administrative order of such board to the appropriate circuit court. According to the statute, such appeals must be filed within thirty days of the execution of the applicable order. It is clear from reading section 525 of the Soldiers' and Sailors' Civil Relief Act in conjunction with section 162.11 of the Florida Statutes that the plaintiff's thirty day statute of limitations period for appeal of the code enforcement board's action was tolled until the date on which his military service no longer materially affected his ability to properly prosecute or defend his action....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2001 Fla. App. LEXIS 9508, 2001 WL 770000
...ermitted by section
162.03, Florida Statutes (2000). The special master has the same status as a code enforcement board. §
162.03(2), Fla. Stat. (2000). [2] Review of a code enforcement board's decision by the circuit court is by appeal pursuant to section
162.11, Florida Statutes (2000)....
CopyCited 2 times | Published | District Court, M.D. Florida | 1989 WL 180011
...esented to the appellate court. Plaintiffs thus did not and could not have raised for the first time their constitutional concerns which primarily relied upon evidence outside the scope of the Deland Code Enforcement Board proceedings. See Fla.Stat. § 162.11 (1988)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2007 U.S. Dist. LEXIS 74089, 2007 WL 2908741
...a school board so long as accused student was represented by counsel and given the opportunity to *1325 present his case). He was not denied due process. Finally, Plaintiffs' Amended Complaint seeks to appeal the August 25, 2005 hearing pursuant to Section 162.11, Florida Statutes....
...This suit is more Gulf Coast wanting to buy less expensive property in residential areas 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....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3120415
...See Richbon, Inc. v. Miami-Dade County,
791 So.2d 505, 506 n. 1 (Fla. 3d DCA 2001) (referring to "special masters," the term used in earlier versions of the statute). [2] Review of a code enforcement board's order is by appeal to the circuit court. §§
26.012(1),
162.11, Fla....
...See Richbon, Inc.,
791 So.2d at 506 n. 2; Kirby v. City of Archer,
790 So.2d 1214, 1215 (Fla. 1st DCA 2001). [3] In at least two instances, the circuit court departed from its appellate role and improperly reweighed the evidence that had been presented to the special magistrate. Under section
162.11, an appeal of the code enforcement board's order to the circuit court "shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board." Where, as in this matter, the circuit c...
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 17168, 2010 WL 4483525
...Cisneros and Griset Cisneros, rendered by the Monroe County Circuit Court, sitting in its appellate capacity, pursuant to a request made by the Cisneroses to that court while the court had pending before it the Cisneros' statutorily authorized appeal, see § 162.11, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2008 WL 3978312
...5th DCA 2003) (Sawaya, C.J., concurring). In this case, a review of the petition for writ of prohibition reveals at most allegations of an erroneous exercise of jurisdiction by the board which could have been addressed by a plenary appeal to the circuit court. § 162.11, Fla....
CopyPublished | District Court of Appeal of Florida
court applied the correct law. Under section
162.11, Florida Statutes (2022), “[a]n aggrieved party
CopyPublished | District Court of Appeal of Florida
court applied the correct law. Under section
162.11, Florida Statutes (2022), “[a]n aggrieved party
CopyPublished | District Court, M.D. Florida | 1997 U.S. Dist. LEXIS 18672, 11 Fla. L. Weekly Fed. D 348
result'of the Board’s decision, and pursuant to Section
162.11, Florida Statute, Plaintiffs appealed the Board’s
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
exceed $500 per day for a repeat violation." 6 Section
162.11, F.S. 7 See generally, 54 C.J.S. Limitations
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 13093
present proceeding is governed by the provisions of §
162.11, Florida Statutes, and the Florida Rules of Appellate
CopyPublished | Florida 2nd District Court of Appeal
plan approval for its activities. Pursuant to section
162.11, Florida Statutes (2021), MGM appealed that
CopyPublished | District Court, M.D. Florida | 2001 U.S. Dist. LEXIS 7157, 2001 WL 603523
...allenge that the Court now addresses, and second, citing McMurtry v. City of Largo,
837 F.Supp. 1155 (M.D.Fla.1993), that the Plaintiff's failure to appeal the decision of the Code Enforcement Board to Florida state court (as permitted by Fla. Stat. §
162.11) requires dismissal of his claim....
CopyPublished | District Court, M.D. Florida | 1995 U.S. Dist. LEXIS 9050, 1995 WL 388024
...ment. Plaintiff argues that the language of Ordinance 19-68 prohibits the appeals court from addressing Plaintiff's constitutional claims. The Court disagrees. The pertinent language of Ordinance 19-68 is identical to the language of Florida Statute § 162.11. Section 162.11 addresses an aggrieved party's right to appeal a local government's enforcement board's final order....
...The Statute provides, "Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board." The Third District Court of Appeal of Florida has addressed the scope of an appeal brought pursuant to Florida Statute § 162.11....
...The Third District Court of Appeal stated, "Contrary to the circuit court's determination, *1029 constitutional claims such as those raised by the petitioners herein are properly cognizable on an appeal to the circuit court from a final order of an enforcement board taken pursuant to Section 162.11, Florida Statutes (1989)." Id....
CopyPublished | Florida 3rd District Court of Appeal
Schofield did not challenge the Final Order. See §
162.11, Fla. Stat. (2024) (“An aggrieved party . .
CopyPublished | Florida 4th District Court of Appeal
barred. The starting point of this issue is section
162.11, Florida Statutes (2021), which “provides for
