Bill Amendment: FL S0060 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: County and Municipal Code Enforcement

Status: 2021-07-06 - Chapter No. 2021-167 [S0060 Detail]

Download: Florida-2021-S0060-Senate_Committee_Amendment_877556.html

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       Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 60
       
       
       
       
       
       
                                Ì877556QÎ877556                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 54 - 205
    4  and insert:
    5  before an investigation occurs. This paragraph does not apply if
    6  the person designated as a code inspector has reason to believe
    7  that the violation presents an imminent threat to public health,
    8  safety, or welfare or imminent destruction of habitat or
    9  sensitive resources.
   10         (c)(a) Prior to issuing a citation, a code inspector shall
   11  provide notice to the violator that the violator has committed a
   12  violation of a code or ordinance and shall establish a
   13  reasonable time period within which the violator must correct
   14  the violation. Such time period shall be no more than 30 days.
   15  If, upon personal investigation, a code inspector finds that the
   16  violator has not corrected the violation within the time period,
   17  a code inspector may issue a citation to the violator. A code
   18  inspector does not have to provide the violator with a
   19  reasonable time period to correct the violation prior to issuing
   20  a citation and may immediately issue a citation if the code
   21  inspector has reason to believe that the violation presents a
   22  serious threat to the public health, safety, or welfare, or if
   23  the violation is irreparable or irreversible.
   24         (d)(b) A citation issued by a code inspector shall state
   25  the date and time of issuance, name and address of the person in
   26  violation, date of the violation, section of the codes or
   27  ordinances, or subsequent amendments thereto, violated, name of
   28  the code inspector, and date and time when the violator shall
   29  appear in county court.
   30         (e)(c) If a repeat violation is found subsequent to the
   31  issuance of a citation, the code inspector is not required to
   32  give the violator a reasonable time to correct the violation and
   33  may immediately issue a citation. For purposes of this
   34  subsection, the term “repeat violation” means a violation of a
   35  provision of a code or ordinance by a person who has previously
   36  been found to have violated the same provision within 5 years
   37  prior to the violation, notwithstanding the violations occurred
   38  at different locations.
   39         (f)(d) If the owner of property which is subject to an
   40  enforcement proceeding before county court transfers ownership
   41  of such property between the time the initial citation or
   42  citations are issued and the date the violator has been summoned
   43  to appear in county court, such owner shall:
   44         1. Disclose, in writing, the existence and the nature of
   45  the proceeding to the prospective transferee.
   46         2. Deliver to the prospective transferee a copy of the
   47  pleadings, notices, and other materials relating to the county
   48  court proceeding received by the transferor.
   49         3. Disclose, in writing, to the prospective transferee that
   50  the new owner will be responsible for compliance with the
   51  applicable code and with orders issued in the county court
   52  proceeding.
   53         4. File a notice with the code enforcement official of the
   54  transfer of the property, with the identity and address of the
   55  new owner and copies of the disclosures made to the new owner,
   56  within 5 days after the date of the transfer.
   57  
   58  A failure to make the disclosure described in subparagraphs 1.,
   59  2., and 3. before the transfer creates a rebuttable presumption
   60  of fraud. If the property is transferred before the date the
   61  violator has been summoned to appear in county court, the
   62  proceeding shall not be dismissed but the new owner will be
   63  substituted as the party of record and thereafter provided a
   64  reasonable period of time to correct the violation before the
   65  continuation of proceedings in county court.
   66         (g)(e) If the code inspector has reason to believe a
   67  violation or the condition causing the violation presents a
   68  serious threat to the public health, safety, and welfare or if
   69  the violation is irreparable or irreversible in nature, or if
   70  after attempts under this section to bring a repeat violation
   71  into compliance with a provision of a code or ordinance prove
   72  unsuccessful, the local governing body may make all reasonable
   73  repairs which are required to bring the property into compliance
   74  and charge the owner with the reasonable cost of the repairs
   75  along with the fine imposed pursuant to this section. Making
   76  such repairs does not create a continuing obligation on the part
   77  of the local governing body to make further repairs or to
   78  maintain the property and does not create any liability against
   79  the local governing body for any damages to the property if such
   80  repairs were completed in good faith.
   81         (h)(f) Nothing in this subsection shall be construed to
   82  authorize any person designated as a code inspector to perform
   83  any function or duties of a law enforcement officer other than
   84  as specified in this subsection. A code inspector shall not make
   85  physical arrests or take any person into custody and shall be
   86  exempt from requirements relating to the Special Risk Class of
   87  the Florida Retirement System, bonding, and the Criminal Justice
   88  Standards and Training Commission, as defined and provided by
   89  general law.
   90         (i)(g) The provisions of this subsection shall not apply to
   91  the enforcement pursuant to ss. 553.79 and 553.80 of the Florida
   92  Building Code adopted pursuant to s. 553.73 as applied to
   93  construction, provided that a building permit is either not
   94  required or has been issued by the county.
   95         (j)(h) The provisions of this subsection may be used by a
   96  county in lieu of the provisions of part II of chapter 162.
   97         (k)(i) The provisions of this subsection are additional or
   98  supplemental means of enforcing county codes and ordinances.
   99  Except as provided in paragraphs (b) and (j) paragraph (h),
  100  nothing in this subsection shall prohibit a county from
  101  enforcing its codes or ordinances by any other means.
  102         Section 1. Subsection (1) of section 162.06, Florida
  103  Statutes, is amended to read:
  104         162.06 Enforcement procedure.—
  105         (1)(a) It shall be the duty of the code inspector to
  106  initiate enforcement proceedings of the various codes; however,
  107  no member of a board shall have the power to initiate such
  108  enforcement proceedings.
  109         (b) A code inspector may not initiate enforcement
  110  proceedings for a potential violation of a duly enacted code or
  111  ordinance by way of an anonymous complaint. A person who reports
  112  a potential violation of a code or an ordinance must provide his
  113  or her name and address to the respective local government
  114  before an enforcement proceeding may occur. This paragraph does
  115  not apply if the code inspector has reason to believe that the
  116  violation presents an imminent threat to public health, safety,
  117  or welfare or imminent destruction of habitat or sensitive
  118  resources.
  119         Section 2. Section 162.13, Florida Statutes, is amended to
  120  read:
  121         162.13 Provisions of act supplemental.—It is the
  122  legislative intent of ss. 162.01-162.12 to provide an additional
  123  or supplemental means of obtaining compliance with local codes.
  124  Except as provided in s. 162.06(1)(b), nothing contained in ss.
  125  162.01-162.12 shall prohibit a local governing body from
  126  enforcing its codes by any other means.
  127         Section 3. Present paragraphs (b) and (c) of subsection (3)
  128  of section 162.21, Florida Statutes, are redesignated as
  129  paragraphs (c) and (d), respectively, a new paragraph (b) is
  130  added to that subsection, and subsection (8) of that section is
  131  amended, to read:
  132         162.21 Enforcement of county or municipal codes or
  133  ordinances; penalties.—
  134         (3)
  135         (b) A code enforcement officer may not initiate an
  136  investigation of a potential violation of a duly enacted code or
  137  ordinance by way of an anonymous complaint. A person who reports
  138  a potential violation of a code or an ordinance must provide his
  139  or her name and address to the respective local government
  140  before an investigation may occur. This paragraph does not apply
  141  if the code enforcement officer has reason to believe that the
  142  violation presents an imminent threat to public health, safety,
  143  or welfare or imminent destruction of habitat or sensitive
  144  resources.
  145         (8) The provisions of this section are additional and
  146  supplemental means of enforcing county or municipal codes or
  147  ordinances and may be used for the enforcement of any code or
  148  ordinance, or for the enforcement of all codes and ordinances.
  149  Except as provided in paragraph (3)(b), nothing contained in
  150  this section shall prohibit a county or municipality from
  151  enforcing its codes or ordinances by any other means.
  152         Section 4. Subsections (1) and (7) of section 166.0415,
  153  Florida Statutes, are amended to read:
  154         166.0415 Enforcement by code inspectors; citations.—
  155         (1)(a) The governing body of each municipality may
  156  designate its agents or employees as code inspectors whose duty
  157  it is to assure code compliance. Any person designated as a code
  158  inspector may issue citations for violations of municipal codes
  159  and ordinances, respectively, or subsequent amendments thereto,
  160  when such code inspector has actual knowledge that a violation
  161  has been committed.
  162         (b) A person designated as a code inspector may not
  163  initiate an investigation of a potential violation of a duly
  164  enacted code or ordinance by way of an anonymous complaint. A
  165  person who reports a potential violation of a code or an
  166  ordinance must provide his or her name and address to the
  167  governing body of the municipality before an investigation
  168  occurs. This paragraph does not apply if the person designated
  169  as a code inspector has reason to believe that the violation
  170  presents an imminent threat to public health, safety, or welfare
  171  or imminent destruction of habitat or sensitive resources.
  172  
  173  ================= T I T L E  A M E N D M E N T ================
  174  And the title is amended as follows:
  175         Delete lines 10 - 33
  176  and insert:
  177         investigation occurs; providing applicability;
  178         providing construction; amending s. 162.06, F.S.;
  179         prohibiting code inspectors from initiating
  180         enforcement proceedings for potential violations of
  181         codes and ordinances by way of anonymous complaints;
  182         requiring persons who report potential violations of
  183         codes and ordinances to provide specified information
  184         to the respective local government before an
  185         investigation occurs; providing applicability;
  186         amending s. 162.13, F.S.; providing construction;
  187         amending s. 162.21, F.S.; prohibiting code enforcement
  188         officers from initiating investigations of potential
  189         violations of codes and ordinances by way of anonymous
  190         complaints; requiring persons who report potential
  191         violations of codes and ordinances to provide
  192         specified information to the respective local
  193         government before an investigation occurs; providing
  194         applicability; providing construction; amending s.
  195         166.0415, F.S.; prohibiting code inspectors designated
  196         by governing bodies of municipalities from initiating
  197         investigations of potential violations of codes and
  198         ordinances by way of anonymous complaints; requiring
  199         persons who report potential violations of codes and
  200         ordinances to provide specified information to the
  201         governing body before an investigation occurs;
  202         providing applicability; providing