Senate Bill 1300

    Florida Senate - 1999                                  SB 1300

    By Senator Geller





    29-1193-99                                          See HB 479

  1                      A bill to be entitled

  2         An act relating to code enforcement; amending

  3         s. 162.09, F.S.; authorizing certain counties

  4         or municipalities to adopt ordinances granting

  5         code enforcement boards or special masters

  6         authority to impose certain fines in excess of

  7         those authorized by law; specifying

  8         limitations; providing requirements; providing

  9         an effective date.

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

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13         Section 1.  Subsection (2) of section 162.09, Florida

14  Statutes, is amended to read:

15         162.09  Administrative fines; costs of repair; liens.--

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

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

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

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

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

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

22  not to exceed $5,000 per violation.

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

24  enforcement board shall consider the following factors:

25         1.  The gravity of the violation;

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

27  violation; and

28         3.  Any previous violations committed by the violator.

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

30  pursuant to this section.

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






    Florida Senate - 1999                                  SB 1300
    29-1193-99                                          See HB 479




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

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

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

  4  county or municipality, an ordinance that gives code

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

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

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

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

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

10  enforcement board or special master finds the violation to be

11  irreparable or irreversible in nature.  In addition to such

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

13  additional fines to cover all costs incurred by the local

14  government in enforcing its codes and all costs of repairs

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

16  shall include criteria to be considered by the code

17  enforcement board or special master in determining the amount

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

19  forth in paragraph (b).

20         Section 2.  This act shall take effect October 1, 1999.

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23                       LEGISLATIVE SUMMARY

24
      Authorizes counties or municipalities with populations
25    greater than 50,000 to adopt ordinances granting code
      enforcement boards or special masters authority to impose
26    fines for code violations in excess of those authorized
      by law. Specifies limitations on the fines and provides
27    requirements for the ordinances.

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