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.