HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 883 County and Municipal Code Enforcement
SPONSOR(S): State Affairs Committee, Public Integrity & Elections Committee, Local Administration &
Veterans Affairs Subcommittee, Overdorf
TIED BILLS: IDEN./SIM. BILLS: CS/SB 60
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration & Veterans Affairs 13 Y, 4 N, As CS Darden Miller
Subcommittee
2) Public Integrity & Elections Committee 16 Y, 1 N, As CS Rubottom Rubottom
3) State Affairs Committee 19 Y, 0 N, As CS Miller Williamson
SUMMARY ANALYSIS
Code enforcement is a function of local government intended to enhance the economy and quality of life of
counties and municipalities by protecting the health, safety, and welfare of the community. Four areas of
Florida law create mechanisms counties and cities may utilize for code and ordinance enforcement. Under
each statutory mechanism, a local government designates code inspectors or code enforcement officers,
tasked with investigating potential code violations, providing notice of violations, and issuing citations for
noncompliance, but not possessing police powers. These statutes provide permissible code enforcement
mechanisms that may be used by local governments in any combination they choose.
The bill amends the county and municipal code enforcement statutes to prohibit code inspectors and code
enforcement officers from initiating an investigation or enforcement proceeding for an alleged code violation
based upon an anonymous complaint. The bill requires each person reporting a potential violation of a code or
ordinance to provide his or her name and address to the governing body of the county or municipality before
an investigation occurs. This provision does not apply if a code inspector or code enforcement officer has
reason to believe that the violation presents an imminent threat to public health, safety, or welfare or may result
in the imminent destruction of habitat or sensitive resources.
The bill also provides exceptions for complainants who desire anonymity due to fear of retaliation of status-
based legal jeopardy and penalties if a complainant falsely claims such fear when lodging a false code
violation complaint.
The bill does not appear to have a fiscal impact on the state or local governments.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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DATE: 4/15/2021
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
County and Municipal Code Enforcement
Code enforcement is a function of local government intended to enhance the economy and quality of
life of counties and municipalities by protecting the health, safety, and welfare of the community.1 Four
areas of Florida law create mechanisms counties and cities may utilize for code and ordinance
enforcement.2 Under each statutory mechanism, a local government designates code inspectors or
code enforcement officers, tasked with investigating potential code violations, providing notice of
violations, and issuing citations for noncompliance, but not possessing police powers. These statutes
provide permissible code enforcement mechanisms that may be used by local governments in any
combination they choose.3
Code Enforcement Boards Act
The Local Government Code Enforcement Boards Act4 allows each county and municipality to create
local government code enforcement boards by ordinance.5 A code enforcement board is an
administrative board composed of members appointed by the governing body of a county or
municipality with the authority to hold hearings and impose administrative fines and other non-criminal
penalties for violations of the jurisdiction’s codes or ordinances. Each code enforcement board has
seven members, except that a county or municipality with fewer than 5,000 residents may elect to
appoint a board of five members. The governing body of the county or municipality may also appoint up
to two alternate members to serve in the absence of other board members.
Members of a code enforcement board must be residents of the municipality or county creating the
board. The members must include an architect, a businessperson, an engineer, a general contractor, a
subcontractor, and a realtor, if possible.6
Code enforcement boards have the power to:
Adopt hearing rules;
Subpoena alleged violators, witnesses, and evidence to board hearings;
Take testimony under oath; and
Issue orders with the force of law commanding steps necessary to bring a violation into
compliance.7
Code enforcement proceedings are initiated by code inspectors.8 The process generally begins with a
code inspector notifying the alleged violator of the specific violation and giving a reasonable period to
correct the violation.9 If the violation is not corrected within the period specified in the notice, the code
inspector informs the enforcement board and requests a hearing. The code enforcement board
schedules the hearing and must provide written notice, by certified mail or personal service, to the
1 S. 162.02, F.S.
2 Ch. 125, Part II, F.S. (county self-government), Ch. 162, Part I, F.S. (Local Government Code Enforcement Boards Act), Ch. 162 Part
II (supplemental procedures for county or municipal code or ordinance enforcement procedures), and s. 166.0415, F.S. (city ordinance
enforcement).
3 See ss. 125.69(4)(i), 162.13, 162.21(8), and 166.0415(7), F.S.
4 Ch. 162, Part I, F.S.
5 S. 162.05(1), F.S.
6 S. 162.05(2), F.S.
7 S. 162.08, F.S.
8 S. 162.06(1), F.S. A “code inspector” is “any authorized agent or employee of the county or municipality whose duty it is to assure
code compliance.” S. 164.04(2), F.S.
9 S. 162.06(2), F.S.
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alleged violator.10 A period for corrective action is not required if the violation is a repeat violation,
presents a serious threat to public health, safety and welfare, or the violation is irreparable or
irreversible in nature.11
In each matter heard before a code enforcement board, the case is presented and testimony is taken
from both the code inspector and alleged violator.12 At the conclusion of the hearing, the board issues
findings of fact and provides an order stating the relief granted.13 The board may include a notice that
repairs must be completed by a specified date and fine the violator for each day the order has not been
complied with after the completion date or each day that a repeat violation occurs.14 All final
administrative orders of the code enforcement board may be appealed to the circuit court 30 days after
execution of the order.15
As an alternative to a code enforcement board, the act allows counties and municipalities to adopt a
code enforcement system giving code enforcement officials or special magistrates the authority to hold
hearings and assess fines against violators of the local government’s codes or ordinances.16 Each of
these methods may be used at the local governments’ discretion, but a local government may choose
any method to enforce codes and ordinances.17
Local governments may enforce violations of codes and ordinances without establishing a code
enforcement board.18 Local governments may designate employees or agents as code enforcement
officers authorized to enforce the local government’s codes or ordinances.19
A code enforcement officer may issue a citation to a person when, based upon personal investigation,
the officer has reasonable cause to believe that the person violated a duly enacted code or ordinance.20
Prior to issuing a citation, a code enforcement officer must provide notice to the person that the person
has committed a violation of a code or ordinance and provide a reasonable period (no more than 30
days) within which the person must correct the violation.21 If, upon personal investigation, a code
enforcement officer finds the violation was not corrected within the period, the officer may issue a civil
citation.
Counties and municipalities choosing to enforce codes or ordinances under the provisions of part II of
ch. 162, F.S., must enact an ordinance establishing code enforcement procedures.22 The ordinance,
among other requirements, must provide procedures for code enforcement officers to issue citations.
A violation of a county or municipal code or an ordinance enforced under Part II is a civil infraction and
carries a maximum civil penalty of $500. Part II further allows counties and municipalities to enforce
10 Ss. 162.06(2), 162.12(1), F.S. The code enforcement board may also provide additional notice by publication in a newspaper of
general circulation in the county or posting on the property where the alleged violation occurred and on the front door of the courthouse
or main county governmental center (for a county) or primary municipal government office (for a municipality). Ss. 162.06(2), 162.12(2),
F.S.
11 S. 162.06(3)-(4), F.S.
12 S. 162.07(2)-(3), F.S.
13 S. 162.07(4), F.S.
14 S. 162.09(1), F.S. Such fines may not exceed $250 per day for a first violation and may not exceed $500 per day for a repeat
violation. However, a county or municipality having a population equal to or greater than 50,000 may pass an ordinance to increase the
fine thresholds if approved by a majority plus one vote.
15 S. 162.11, F.S.
16 S. 162.03, F.S.
17 The Attorney General has opined, “once a municipality has adopted the procedures of ch. 162, F.S., to enforce its municipal codes
and ordinances, it may not alter or amend those statutorily prescribed procedures but must utilize them as they are set forth in the
statutes.” Op. Att’y Gen. 2000-53 (2000). A local government may, however, maintain a ch. 162, F.S., code enforcement board and still
decide to enforce a particular violation by bringing a charge in county court, or any other means provided by law. Goodman v. County
Court in Broward County, Fla. 711 So.2d 587 (Fla. 4th DCA 1998).
18 Ch. 162, Part II, F.S.
19 S. 162.21(2), F.S. Employees or agents that may be designated as code enforcement officers include, but are not limited to, code
inspectors, law enforcement officers, animal control officers, or fire safety inspectors.
20 S. 162.21(3)(a), F.S.
21 S. 162.21(3)(b), F.S.
22 S. 162.21(5), F.S.
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code violations by filing a civil action in the county or circuit court, in the absence of a magistrate or
code enforcement board.23
Enforcement of County Ordinance Violations
Counties are authorized to prosecute violations of county ordinances in the same manner as
misdemeanors.24 The action is prosecuted in county court and is punishable by a fine up to $500,
imprisonment up to 60 days, or both.25 The statute also allows counties to designate code enforcement
officers, who may investigate violations of codes and ordinances and issue civil citations.26
Enforcement of Municipal Ordinance Violations
Municipalities may enforce their ordinances and codes using code inspectors.27 Municipalities may
designate code enforcement officers authorized to investigate alleged violations of municipal codes or
ordinances and initiate enforcement proceedings by issuing a citation and notice to the alleged violator.
Anonymous and Identified Complaints
A code enforcement investigation usually begins with a complaint or tip from the public - typically by
phone or online form - or by a code enforcement officer personally observing an alleged violation while
performing his or her duties.28 As procedures for collecting complaints are not specified by state law,
local governments have adopted a variety of rules and regulations for collecting complaints. Many
jurisdictions allow for the anonymous submission of complaints, while some require the complainant to
provide identifying information.29 Code inspectors accept information initially provided in the complaints
and may investigate the allegations made.
Any document made or received by any public agency in the course of its official business is available
for inspection, unless specifically exempted by the Legislature.30 Any information given by a
complainant to the local government, including name, address, and contact information, is a public
record except where an exemption would otherwise apply.31
Effect of Proposed Changes
The bill amends the county and municipal code enforcement statutes to prohibit code inspectors and
code enforcement officers from initiating an investigation or enforcement proceeding for an alleged
code violation based upon an anonymous complaint. The bill requires each person reporting a potential
violation of a code or ordinance to provide his or her name and address to the governing body of the
county or municipality before an investigation occurs. This provision does not apply if a code inspector
or code enforcement officer has reason to believe that the violation presents an imminent threat to
public health, safety, or welfare or may result in the imminent destruction of habitat or sensitive
resources.
23 S. 162.30, F.S.
24 S. 125.69(4), F.S.
25 S. 125.69(1), F.S.
26 This process for code enforcement is similar to that authorized by s. 162.21, F.S.
27 S. 166.0415, F.S. The statute functionally is identical to s. 162.21, F.S.
28 Anthony A. Velardi, The Law: Got a code violation? Here’s how the process works, The Ledger, May 18, 2017, available at
https://www.theledger.com/news/20170518/law-got-code-violation-heres-how-process-works (last accessed Mar. 2, 2021).
29 E.g., Collier County code enforcement regulations to require that a name and phone number must be provided along with a complaint
“unless the concern is an emergency that immediately threatens the public health and safety or could cause catastrophic
consequences.” Collier County, Report a Code Violation, https://www.colliercountyfl.gov/your-government/divisions-a-e/code-
enforcement/report-a-code-violation (last accessed Mar. 2, 2021).
30 See generally, s. 119.01(1), F.S., the Public Records Act. “[i]t is the policy of this state that all state, county, and municipal records
are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.” See also
Office of Attorney Gen., Open Government – The “Sunshine” Law,
https://myfloridalegal.com/pages.nsf/Main/DC0B20B7DC22B7418525791B006A54E4 (last accessed Mar. 2, 2021).
31 See ss. 119.071(4) and (5), F.S.
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The bill also provides exceptions for complainants who desire anonymity due to fear of retaliation of
status-based legal jeopardy and penalties if a complainant falsely claims such fear and lodges a false
complaint.
B. SECTION DIRECTORY:
Section 1: Amends s. 125.69, F.S., prohibiting code enforcement investigations based on
anonymous complaints, requiring a person who reports a potential code violation to
provide specified information to the board of county commissioners before an
investigation may occur, and providing exceptions.
Section 2: Amends s. 162.06, F.S., prohibiting code enforcement investigations based on
anonymous complaints, requiring a person who reports a potential code violation to
provide specified information to the governing body of the county or municipality before
an investigation may occur, and providing exceptions.
Section 3: Amends s. 162.13, F.S., conforming legislative intent to changes made by the bill.
Section 4: Amends s. 162.21, F.S., prohibiting code enforcement investigations based on
anonymous complaints, requiring a person who reports a potential code violation to
provide specified information to the governing body of the county or municipality before
an investigation may occur, and providing exceptions.
Section 5: Amends s. 166.0415, F.S., prohibiting code enforcement investigations based on
anonymous complaints, requiring a person who reports a potential code violation to
provide specified information to the governing body of the municipality before an
investigation may occur, and providing exceptions.
Section 6: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMM