If you’ve received a code enforcement citation in Florida, you’re not alone, and you have legal rights.
At Revah Law, we help homeowners, landlords, and businesses fight back against unjust or excessive code enforcement actions. Florida’s municipal code system can be complex, but understanding how it works, and when local authorities overstep, is key to protecting your property and avoiding unnecessary fines.
How Code Enforcement Works in Florida
Municipal code enforcement in Florida is governed by a combination of state statutes, administrative regulations, and case law. Together, these laws give local governments the authority to enforce building codes, property maintenance standards, zoning ordinances, and fire safety rules, but also set important limits on how they can do so.
Authority to Enforce and Investigate
Under Florida Statute §166.0415, municipalities may appoint code inspectors to issue citations for violations of local ordinances. However, anonymous complaints cannot trigger investigations unless there is an imminent threat to public health, safety, or welfare. This protection prevents code inspectors from acting on unfounded or retaliatory complaints.
Similarly, §162.21 allows code enforcement officers to issue civil citations only after a personal investigation establishes reasonable cause. Violators must be given notice and a reasonable time to correct the issue, up to 30 days, before a citation may be issued.
Your Right to Due Process in Code Enforcement Cases
Code enforcement in Florida must follow strict procedural safeguards.
Under §162.06, inspectors must provide notice and an opportunity to correct violations before initiating formal action (unless the violation is a repeat offense). Cases are typically heard by a Code Enforcement Board or a Special Magistrate, authorized under §162.03 to impose fines and enter enforcement orders.
Importantly, under §162.04, a “repeat violation” is narrowly defined as one occurring within five years of a previous violation of the same code provision. This definition helps prevent municipalities from unfairly escalating penalties for unrelated or minor infractions.
Key Florida Court Decisions Shaping Code Enforcement
Florida courts have consistently emphasized that municipalities must operate within statutory boundaries and cannot expand their enforcement powers beyond what state law allows.
- Goodman v. County Court, 711 So. 2d 587 (Fla. 3d DCA 1998):
Municipalities can choose to prosecute code violations either through a code enforcement board or in county court — but not both. Chapter 162 provides supplemental, not exclusive, enforcement authority. - Miami-Dade County v. Brown, 814 So. 2d 518 (Fla. 3d DCA 2002):
Local governments may create alternate code enforcement systems as long as they comply with state statutory requirements. - City of Miami Beach v. Nichols, 314 So. 3d 313 (Fla. 3d DCA 2020):
Municipalities must adhere to state-imposed fine limits. Any local ordinance that conflicts with Florida law is invalid to the extent of the conflict. - Deehl v. Weiss, 505 So. 2d 529 (Fla. 3d DCA 1987):
Code enforcement boards do not have exclusive jurisdiction. Cities can still enforce codes through other lawful means. - City of Palm Bay v. Wells Fargo Bank, N.A., 114 So. 3d 924 (Fla. 2013):
The Florida Supreme Court ruled that code enforcement liens cannot take priority over recorded mortgages, striking down municipal attempts to expand lien authority.
Administrative Code and Fire Safety Regulations
In addition to statutory law, Florida’s Administrative Code (F.A.C.) regulates how code enforcement decisions are appealed and how fire safety codes are applied statewide:
- Rule 69A-71.004:
Establishes the right to appeal code enforcement citations before a local board or special magistrate. - Rule 69A-60.002 & 69A-3.012:
Adopt the Florida Fire Prevention Code and national fire safety standards, requiring compliance within a reasonable correction period. - Rule 69A-58.007:
Allows the State Fire Marshal to perform inspections for municipalities that lack certified local inspectors.
These regulations ensure that enforcement is uniform and consistent statewide, but they also provide avenues for appeal when violations are improperly issued.
Defending Against Code Enforcement Citations
If you’ve received a Notice of Violation, Citation, or Lien Notice, you should act quickly. Ignoring a code citation can lead to escalating fines, property liens, and even foreclosure in some cases.
At Revah Law, we help clients by:
- Challenging invalid or improperly issued citations
- Demanding proof of proper investigation and notice
- Filing timely appeals before code boards or magistrates
- Negotiating with municipalities to reduce or dismiss fines
- Defending against code enforcement liens and foreclosures
Our firm has deep experience with Florida’s Chapter 162 procedures and local municipal codes throughout Miami-Dade, Broward, and Palm Beach Counties.
Why Choose Revah Law for Code Enforcement Defense
Attorney Phil Revah understands both the legal framework and practical realities of Florida code enforcement. Whether you’re dealing with a property maintenance citation, a zoning dispute, or a fire safety violation, our firm provides strategic, results-oriented defense designed to protect your property and your rights.
Contact Revah Law today for a free consultation about your code enforcement case. We’ll review your citation, explain your options, and develop a defense strategy tailored to your situation.