Bill Text: FL S0060 | 2021 | Regular Session | Enrolled
Bill Title: County and Municipal Code Enforcement
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-06 - Chapter No. 2021-167 [S0060 Detail]
Download: Florida-2021-S0060-Enrolled.html
ENROLLED 2021 Legislature CS for SB 60 202160er 1 2 An act relating to county and municipal code 3 enforcement; amending s. 125.69, F.S.; prohibiting 4 code inspectors designated by boards of county 5 commissioners from initiating investigations of 6 potential violations of codes and ordinances by way of 7 anonymous complaints; requiring persons who report 8 potential violations of codes and ordinances to 9 provide specified information to the board before an 10 investigation occurs; providing applicability; 11 providing construction; amending s. 162.06, F.S.; 12 prohibiting code inspectors from initiating 13 enforcement proceedings for potential violations of 14 codes and ordinances by way of anonymous complaints; 15 requiring persons who report potential violations of 16 codes and ordinances to provide specified information 17 to the respective local government before an 18 investigation occurs; providing applicability; 19 amending s. 162.13, F.S.; providing construction; 20 amending s. 162.21, F.S.; prohibiting code enforcement 21 officers from initiating investigations of potential 22 violations of codes and ordinances by way of anonymous 23 complaints; requiring persons who report potential 24 violations of codes and ordinances to provide 25 specified information to the respective local 26 government before an investigation occurs; providing 27 applicability; providing construction; amending s. 28 166.0415, F.S.; prohibiting code inspectors designated 29 by governing bodies of municipalities from initiating 30 investigations of potential violations of codes and 31 ordinances by way of anonymous complaints; requiring 32 persons who report potential violations of codes and 33 ordinances to provide specified information to the 34 governing body before an investigation occurs; 35 providing applicability; providing construction; 36 providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Subsection (4) of section 125.69, Florida 41 Statutes, is amended to read: 42 125.69 Penalties; enforcement by code inspectors.— 43 (4)(a) The board of county commissioners of each county may 44 designate its agents or employees as code inspectors whose duty 45 it is to assure code compliance. Any person designated as a code 46 inspector may issue citations for violations of county codes and 47 ordinances, respectively, or subsequent amendments thereto, when 48 such code inspector has actual knowledge that a violation has 49 been committed. 50 (b) A person designated as a code inspector may not 51 initiate an investigation of a potential violation of a duly 52 enacted code or ordinance by way of an anonymous complaint. A 53 person who reports a potential violation of a code or an 54 ordinance must provide his or her name and address to the 55 governing body of the respective board of county commissioners 56 before an investigation occurs. This paragraph does not apply if 57 the person designated as a code inspector has reason to believe 58 that the violation presents an imminent threat to public health, 59 safety, or welfare or imminent destruction of habitat or 60 sensitive resources. 61 (c)(a)Prior to issuing a citation, a code inspector shall 62 provide notice to the violator that the violator has committed a 63 violation of a code or ordinance and shall establish a 64 reasonable time period within which the violator must correct 65 the violation. Such time period shall be no more than 30 days. 66 If, upon personal investigation, a code inspector finds that the 67 violator has not corrected the violation within the time period, 68 a code inspector may issue a citation to the violator. A code 69 inspector does not have to provide the violator with a 70 reasonable time period to correct the violation prior to issuing 71 a citation and may immediately issue a citation if the code 72 inspector has reason to believe that the violation presents a 73 serious threat to the public health, safety, or welfare, or if 74 the violation is irreparable or irreversible. 75 (d)(b)A citation issued by a code inspector shall state 76 the date and time of issuance, name and address of the person in 77 violation, date of the violation, section of the codes or 78 ordinances, or subsequent amendments thereto, violated, name of 79 the code inspector, and date and time when the violator shall 80 appear in county court. 81 (e)(c)If a repeat violation is found subsequent to the 82 issuance of a citation, the code inspector is not required to 83 give the violator a reasonable time to correct the violation and 84 may immediately issue a citation. For purposes of this 85 subsection, the term “repeat violation” means a violation of a 86 provision of a code or ordinance by a person who has previously 87 been found to have violated the same provision within 5 years 88 prior to the violation, notwithstanding the violations occurred 89 at different locations. 90 (f)(d)If the owner of property which is subject to an 91 enforcement proceeding before county court transfers ownership 92 of such property between the time the initial citation or 93 citations are issued and the date the violator has been summoned 94 to appear in county court, such owner shall: 95 1. Disclose, in writing, the existence and the nature of 96 the proceeding to the prospective transferee. 97 2. Deliver to the prospective transferee a copy of the 98 pleadings, notices, and other materials relating to the county 99 court proceeding received by the transferor. 100 3. Disclose, in writing, to the prospective transferee that 101 the new owner will be responsible for compliance with the 102 applicable code and with orders issued in the county court 103 proceeding. 104 4. File a notice with the code enforcement official of the 105 transfer of the property, with the identity and address of the 106 new owner and copies of the disclosures made to the new owner, 107 within 5 days after the date of the transfer. 108 109 A failure to make the disclosure described in subparagraphs 1., 110 2., and 3. before the transfer creates a rebuttable presumption 111 of fraud. If the property is transferred before the date the 112 violator has been summoned to appear in county court, the 113 proceeding shall not be dismissed but the new owner will be 114 substituted as the party of record and thereafter provided a 115 reasonable period of time to correct the violation before the 116 continuation of proceedings in county court. 117 (g)(e)If the code inspector has reason to believe a 118 violation or the condition causing the violation presents a 119 serious threat to the public health, safety, and welfare or if 120 the violation is irreparable or irreversible in nature, or if 121 after attempts under this section to bring a repeat violation 122 into compliance with a provision of a code or ordinance prove 123 unsuccessful, the local governing body may make all reasonable 124 repairs which are required to bring the property into compliance 125 and charge the owner with the reasonable cost of the repairs 126 along with the fine imposed pursuant to this section. Making 127 such repairs does not create a continuing obligation on the part 128 of the local governing body to make further repairs or to 129 maintain the property and does not create any liability against 130 the local governing body for any damages to the property if such 131 repairs were completed in good faith. 132 (h)(f)Nothing in this subsection shall be construed to 133 authorize any person designated as a code inspector to perform 134 any function or duties of a law enforcement officer other than 135 as specified in this subsection. A code inspector shall not make 136 physical arrests or take any person into custody and shall be 137 exempt from requirements relating to the Special Risk Class of 138 the Florida Retirement System, bonding, and the Criminal Justice 139 Standards and Training Commission, as defined and provided by 140 general law. 141 (i)(g)The provisions of this subsection shall not apply to 142 the enforcement pursuant to ss. 553.79 and 553.80 of the Florida 143 Building Code adopted pursuant to s. 553.73 as applied to 144 construction, provided that a building permit is either not 145 required or has been issued by the county. 146 (j)(h)The provisions of this subsection may be used by a 147 county in lieu of the provisions of part II of chapter 162. 148 (k)(i)The provisions of this subsection are additional or 149 supplemental means of enforcing county codes and ordinances. 150 Except as provided in paragraphs (b) and (j)paragraph (h), 151 nothing in this subsection shall prohibit a county from 152 enforcing its codes or ordinances by any other means. 153 Section 2. Subsection (1) of section 162.06, Florida 154 Statutes, is amended to read: 155 162.06 Enforcement procedure.— 156 (1)(a) It shall be the duty of the code inspector to 157 initiate enforcement proceedings of the various codes; however, 158 no member of a board shall have the power to initiate such 159 enforcement proceedings. 160 (b) A code inspector may not initiate enforcement 161 proceedings for a potential violation of a duly enacted code or 162 ordinance by way of an anonymous complaint. A person who reports 163 a potential violation of a code or an ordinance must provide his 164 or her name and address to the respective local government 165 before an enforcement proceeding may occur. This paragraph does 166 not apply if the code inspector has reason to believe that the 167 violation presents an imminent threat to public health, safety, 168 or welfare or imminent destruction of habitat or sensitive 169 resources. 170 Section 3. Section 162.13, Florida Statutes, is amended to 171 read: 172 162.13 Provisions of act supplemental.—It is the 173 legislative intent of ss. 162.01-162.12 to provide an additional 174 or supplemental means of obtaining compliance with local codes. 175 Except as provided in s. 162.06(1)(b), nothing contained in ss. 176 162.01-162.12 shall prohibit a local governing body from 177 enforcing its codes by any other means. 178 Section 4. Present paragraphs (b) and (c) of subsection (3) 179 of section 162.21, Florida Statutes, are redesignated as 180 paragraphs (c) and (d), respectively, a new paragraph (b) is 181 added to that subsection, and subsection (8) of that section is 182 amended, to read: 183 162.21 Enforcement of county or municipal codes or 184 ordinances; penalties.— 185 (3) 186 (b) A code enforcement officer may not initiate an 187 investigation of a potential violation of a duly enacted code or 188 ordinance by way of an anonymous complaint. A person who reports 189 a potential violation of a code or an ordinance must provide his 190 or her name and address to the respective local government 191 before an investigation may occur. This paragraph does not apply 192 if the code enforcement officer has reason to believe that the 193 violation presents an imminent threat to public health, safety, 194 or welfare or imminent destruction of habitat or sensitive 195 resources. 196 (8) The provisions of this section are additional and 197 supplemental means of enforcing county or municipal codes or 198 ordinances and may be used for the enforcement of any code or 199 ordinance, or for the enforcement of all codes and ordinances. 200 Except as provided in paragraph (3)(b), nothing contained in 201 this section shall prohibit a county or municipality from 202 enforcing its codes or ordinances by any other means. 203 Section 5. Subsections (1) and (7) of section 166.0415, 204 Florida Statutes, are amended to read: 205 166.0415 Enforcement by code inspectors; citations.— 206 (1)(a) The governing body of each municipality may 207 designate its agents or employees as code inspectors whose duty 208 it is to assure code compliance. Any person designated as a code 209 inspector may issue citations for violations of municipal codes 210 and ordinances, respectively, or subsequent amendments thereto, 211 when such code inspector has actual knowledge that a violation 212 has been committed. 213 (b) A person designated as a code inspector may not 214 initiate an investigation of a potential violation of a duly 215 enacted code or ordinance by way of an anonymous complaint. A 216 person who reports a potential violation of a code or an 217 ordinance must provide his or her name and address to the 218 governing body of the municipality before an investigation 219 occurs. This paragraph does not apply if the person designated 220 as a code inspector has reason to believe that the violation 221 presents an imminent threat to public health, safety, or welfare 222 or imminent destruction of habitat or sensitive resources. 223 (7) The provisions of this section are additional or 224 supplemental means of enforcing municipal codes and ordinances. 225 Except as provided in paragraph (1)(b) and subsection (6), 226 nothing in this section shall prohibit a municipality from 227 enforcing its codes or ordinances by any other means. 228 Section 6. This act shall take effect July 1, 2021.