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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1005

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  The Committee on Community Affairs offered the following:

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13         Amendment (with title amendment) 

14         On page 2, Between lines 8 and 9, of the bill

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16  insert:

17         Section 2.  Paragraph (d) is added to subsection (2) of

18  section 162.09, Florida Statutes, to read:

19         162.09  Administrative fines; costs of repair; liens.--

20         (2)(a)  A fine imposed pursuant to this section shall

21  not exceed $250 per day for a first violation and shall not

22  exceed $500 per day for a repeat violation, and, in addition,

23  may include all costs of repairs pursuant to subsection (1).

24  However, if a code enforcement board finds the violation to be

25  irreparable or irreversible in nature, it may impose a fine

26  not to exceed $5,000 per violation.

27         (b)  In determining the amount of the fine, if any, the

28  enforcement board shall consider the following factors:

29         1.  The gravity of the violation;

30         2.  Any actions taken by the violator to correct the

31  violation; and

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    File original & 9 copies    04/15/99
    hca0012                     11:11 am         01005-ca  -715857




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1005

    Amendment No. 1 (for drafter's use only)





 1         3.  Any previous violations committed by the violator.

 2         (c)  An enforcement board may reduce a fine imposed

 3  pursuant to this section.

 4         (d)  A county or a municipality having a population

 5  equal to or greater than 50,000 may adopt, by a vote of at

 6  least a majority plus one of the entire governing body of the

 7  county or municipality, an ordinance that gives code

 8  enforcement boards or special masters, or both, authority to

 9  impose fines in excess of the limits set forth in paragraph

10  (a).  Such fines shall not exceed $1,000 per day per violation

11  for a first violation, $5,000 per day per violation for a

12  repeat violation, and up to $15,000 per violation if the code

13  enforcement board or special master finds the violation to be

14  irreparable or irreversible in nature.  In addition to such

15  fines, a code enforcement board or special master may impose

16  additional fines to cover all costs incurred by the local

17  government in enforcing its codes and all costs of repairs

18  pursuant to subsection (1).  Any ordinance imposing such fines

19  shall include criteria to be considered by the code

20  enforcement board or special master in determining the amount

21  of the fines, including, but not limited to, those factors set

22  forth in paragraph (b).

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24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, Line 6, after the first semicolon,

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29  and insert in lieu thereof:

30         authorizing certain counties or municipalities

31         to adopt ordinances granting code enforcement

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    File original & 9 copies    04/15/99
    hca0012                     11:11 am         01005-ca  -715857




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1005

    Amendment No. 1 (for drafter's use only)





 1         boards or special masters authority to impose

 2         certain fines in excess of those authorized by

 3         law; specifying limitations; providing

 4         requirements;

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    File original & 9 copies    04/15/99
    hca0012                     11:11 am         01005-ca  -715857