CODING: Words stricken are deletions; words underlined are additions.
Senate Bill 0074
    Florida Senate - 1998                                    SB 74

    By Senator Bronson





    18-214-98                                               See HB

  1                      A bill to be entitled

  2         An act relating to the Local Government Code

  3         Enforcement Boards Act; amending s. 162.11,

  4         F.S.; providing that when an appeal is filed

  5         with the circuit court with respect to actions

  6         of a code enforcement board, all action by the

  7         board shall cease or be held in abeyance until

  8         the court issues an order; providing

  9         exceptions; providing for the removal of liens

10         or impediments from property governed by a code

11         enforcement board under certain circumstances;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Section 162.11, Florida Statutes, is

17  amended to read:

18         162.11  Appeals.--An aggrieved party, including the

19  local governing body, may appeal a final administrative order

20  of an enforcement board to the circuit court.  Such an appeal

21  shall not be a hearing de novo but shall be limited to

22  appellate review of the record created before the enforcement

23  board.  An appeal shall be filed within 30 days of the

24  execution of the order to be appealed. On the date that an

25  appeal has been filed in the circuit court appealing a final

26  administrative order of an enforcement board, all action by

27  the enforcement board shall cease or be held in abeyance until

28  the circuit court issues an order, unless, in the opinion of

29  the circuit court, there is a serious threat to the public

30  health, safety, or welfare. Any penalty imposed by an

31  enforcement board shall be stayed at the date that the appeal

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                    SB 74
    18-214-98                                               See HB




  1  is filed in the circuit court appealing the final

  2  administrative order of the enforcement board. If the appeal

  3  is granted in favor of the aggrieved party, any administrative

  4  penalty paid until the time the appeal is filed shall be

  5  refunded to the aggrieved party by the enforcement board. If

  6  the appeal is not granted, the administrative penalty shall

  7  continue and the stay shall be lifted from the date the appeal

  8  has been ruled on by the circuit court. In the event that the

  9  circuit court grants the appeal in favor of the party filing

10  the appeal, all liens or other impediments placed against the

11  property by the enforcement board shall be removed from the

12  property.

13         Section 2.  This act shall take effect upon becoming a

14  law.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Provides, with respect to actions by code enforcement
19    boards under the Local Government Code Enforcement Boards
      Act, that when an aggrieved party files an appeal with
20    the circuit court, all action by the board shall cease or
      be held in abeyance until the circuit court issues an
21    order. Provides for the stay of penalties during the
      appeal process. Provides that if the circuit court
22    reverses the actions of the board all liens or other
      impediments shall be removed from the property which has
23    been affected by the action of the board.

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