The 2023 Florida Statutes (including Special Session C)

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 162
COUNTY OR MUNICIPAL CODE ENFORCEMENT

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F.S. 162.21

162.21 Enforcement of county or municipal codes or ordinances; penalties.—

(1) As used in this section, “code enforcement officer” means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality.

(2) A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge.

(b) A code enforcement officer may not initiate an investigation of a potential violation of a duly enacted code or ordinance by way of an anonymous complaint. A person who reports a potential violation of a code or an ordinance must provide his or her name and address to the respective local government before an investigation may occur. This paragraph does not apply if the code enforcement officer has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

(c) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

(d) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain:

1. The date and time of issuance.

2. The name and address of the person to whom the citation is issued.

3. The date and time the civil infraction was committed.

4. The facts constituting reasonable cause.

5. The number or section of the code or ordinance violated.

6. The name and authority of the code enforcement officer.

7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

8. The applicable civil penalty if the person elects to contest the citation.

9. The applicable civil penalty if the person elects not to contest the citation.

10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court.

(5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide:

(a) That a violation of a code or an ordinance is a civil infraction.

(b) A maximum civil penalty not to exceed $500.

(c) A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation.

(d) For the issuance of a citation by a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance.

(e) For the contesting of a citation in county court.

(f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section.

(6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality.

(8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Except as provided in paragraph (3)(b), nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means.

History.—s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-287; s. 115, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372; s. 4, ch. 2021-167.

F.S. 162.21 on Google Scholar

F.S. 162.21 on Casetext

Amendments to 162.21

Arrestable Offenses / Crimes under Fla. Stat. 162.21

Level: Degree
Misdemeanor/Felony: First/Second/Third

S162.21 6 - RESIST OFFICER - REFUSE SIGN ACCEPT CODE ENFORCE CITATION - M: S

Annotations, Discussions, Cases:

Cases from cite.case.law:

KAM- ALMAZ, v. UNITED STATES,, 682 F.3d 1364 (Fed. Cir. 2012)

. . . . § 162.21(a) (“A receipt for seized property shall be given at the time of seizure to the person from . . . See, e.g., 19 C.F.R. §§ 162.6, 162.21. . . . Id. § 162.21. . . . See 19 C.F.R. §§ 162.6, 162.21; see also 19 U.S.C. § 1401 (i). . . .

KAM- ALMAZ, v. UNITED STATES,, 682 F.3d 1364 (Fed. Cir. 2012)

KAM- ALMAZ, v. UNITED STATES, 96 Fed. Cl. 84 (Fed. Cl. 2011)

. . . . § 162.21. . . . See 19 C.F.R. § 162.21. . . . However, this argument must fail given the limit on seizure authority granted in 19 C.F.R. § 162.21 and . . .

UNITED STATES v. St. VALLIER,, 404 F. App'x 651 (3d Cir. 2010)

. . . . §§ 162.6 & 162.21. . . .

MONROE COUNTY CODE ENFORCEMENT, v. L. CARTER,, 14 So. 3d 1019 (Fla. Dist. Ct. App. 2009)

. . . circuit court dismissed the notice of violation, holding that the County failed to comply with section 162.21 . . . establishes the pleading and proof requirements for an administrative proceeding, whereas Part II, sections 162.21 . . . Here, the circuit court applied Part II, section 162.21(3)(c)(3), which requires that a citation list . . . By applying 162.21(3)(e)(3) to a notice of violation in an administrative enforcement proceeding, the . . . the circuit court erred in reversing the special magistrate’s findings by imposing Part II, sections 162.21 . . .

UNITED STATES v. MASTERCASES OF CIGARETTES, MORE OR LESS, v. v., 448 F.3d 1168 (9th Cir. 2006)

. . . . § 162.21). . . . violated, by reason of which the property has become subject to seizure or forfeiture.” 19 C.F.R. § 162.21 . . .

STATE v. D. S. a, 760 So. 2d 957 (Fla. Dist. Ct. App. 2000)

. . . higher and mandatory penalties include fines that do not exceed the amount specified in ss. 125.69 and 162.21 . . .

PEARSON, v. MIAMI- DADE COUNTY,, 741 So. 2d 635 (Fla. Dist. Ct. App. 1999)

. . . .” § 162.21(3)(b), Fla. Stat. (1997). Certiorari denied. . . .

METROPOLITAN DADE COUNTY, a v. A. HERNANDEZ,, 708 So. 2d 1008 (Fla. Dist. Ct. App. 1998)

. . . See sections 162.13, 162.21(8), Fla. Stat. (1995). . . . Further, sections 162.21 and 162.22 of “Part II” permit counties to use code enforcement officers and . . . Section 162.21(5)(e), Fla. Stat. (1995). . . .

L. THOMAS, v. STATE, 614 So. 2d 468 (Fla. 1993)

. . . See §§ 162.13, 162.21(8), Fla.Stat. (1989). . . .

UNITED STATES v. SIERRA- GARCIA,, 760 F. Supp. 252 (E.D.N.Y. 1991)

. . . . § 162.21 provides: Property may be seized, if available, by any Customs Officer who has reasonable . . .

E. THELIN, v. K. MITCHELL, d b a K., 576 F. Supp. 1404 (N.D. Ill. 1983)

. . . sum of $1,073.25, which consists of $811.04 in contributions, $100.00 for the cost of the audit, and $162.21 . . .

C. WHITE, B. v. D. ACREE,, 594 F.2d 1385 (10th Cir. 1979)

. . . . § 162.21(a) (1978). . . .

IVERS, a k a v. UNITED STATES IVERS, a k a v. UNITED STATES U. S., 581 F.2d 1362 (9th Cir. 1978)

. . . . § 162.21, which provides, in part: (a) Seizures by Customs officers. . . .

UNITED STATES v. A. MOLT, Jr., 444 F. Supp. 491 (E.D. Pa. 1978)

. . . . § 162.21(a): Seizures by Customs Officers: Any Customs officer having reasonable cause to believe that . . .