Section 69A-71.004 - Local Governing Body; Jurisdiction and Enforcement(1) Each county or municipality may, at its option, designate one or more of its code enforcement officers, as defined in chapter 162, to enforce, as set out in this rule, the provisions of s. 633.336, F.S., against persons who engage in activity for which a local permit or certification of competency or permit is required.(a) A code enforcement officer designated pursuant to this rule may issue a citation for any violation of s. 633.336, F.S., whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to believe that such a violation has occurred.(b) A citation issued by a code enforcement officer shall be in a form prescribed by the local governing body of the county or municipality and shall state: 1. The time and date of issuance.2. The name and address of the person to whom the citation is issued.3. The time and date of the violation.4. A brief description of the violation and the facts constituting reasonable cause.5. The name of the code enforcement officer.6. The procedure for the person to follow in order to pay the civil penalty or to contest the citation.7. The applicable civil penalty if the person elects not to contest the citation.(c) The local governing body of the county or municipality may enforce this rule against an unlicensed contractor acting as a Fire Protection Contractor under the provisions of this rule and may enact an ordinance establishing procedures for implementing this rule, including a schedule of penalties to be assessed by the code enforcement officer. The maximum civil penalty which may be levied may not exceed $10,000 per citation. Moneys collected pursuant to this rule shall be retained locally, as provided for by local ordinance, and may be set aside in a specific fund to support future enforcement activities against unlicensed persons.(d) The person issued the citation under this rule shall immediately cease all activity governed by this rule upon receipt of the citation; and the person charged with the violation shall elect either to correct the violation and pay the civil penalty in the manner indicated on the citation or, within 10 days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hearing before the local enforcement board, local appeal board, or designated special magistrate to appeal the issuance of the citation by the code enforcement officer. 1. Hearings shall be held before the local enforcement board, local appeal board, or designated special magistrate as established by s. 162.03, F.S., and such hearings shall be conducted pursuant to the requirements of ss. 162.07 and 162.08, F.S.2. Failure of a violator to appeal the decision of the code enforcement officer within the time period set forth in this paragraph shall constitute a waiver of the violator's right to an administrative hearing. A waiver of the right to an administrative hearing shall be deemed an admission of the violation, and penalties may be imposed accordingly.3. If the person issued the citation, or his or her designated representative, shows that the citation is invalid or that the violation has been corrected prior to appearing before the local enforcement board, local appeal board, or designated special magistrate, then the local enforcement board, local appeal board, or designated special magistrate may dismiss the citation unless the violation is irreparable or irreversible.4. Each day a willful, knowing violation continues shall constitute a separate offense under the provisions of this rule.(e) A person cited for a violation pursuant to this rule is deemed to be charged with a noncriminal infraction.(f) If the local enforcement board, local appeal board, or designated special magistrate finds that a violation exists, then the local enforcement board, local appeal board, or designated special magistrate may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $10,000 per day for each violation. In determining the amount of the penalty, the local enforcement board, local appeal board, or designated special magistrate may consider the aggravating and mitigating factors as provided in rule 69A-71.003, F.A.C.(g) Upon written notification by the code enforcement officer that a violator had not contested the citation or paid the civil penalty within the timeframe allowed on the citation, or if a violation has not been corrected within the timeframe set forth on the notice of violation, the local enforcement board, local appeal board, or designated special magistrate shall enter an order ordering the violator to pay the civil penalty set forth on the citation or notice of violation, and a hearing shall not be necessary for the issuance of such order.(h) A certified copy of an order imposing a civil penalty against an unlicensed contractor may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including a levy against personal property; however, such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this subsection, whichever occurs first. After 3 months from the filing of any such lien which remains unpaid, the local enforcement board, local appeal board, or designated special magistrate may authorize the local governing body's attorney to foreclose on the lien. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under article X, section 4, of the Florida Constitution.(i) This rule does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer other than a function or duty that is authorized in this rule.(j) An aggrieved party, including the local governing body, may appeal a final administrative order of the local enforcement board, local appeal board, or designated special magistrate, to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the local enforcement board, local appeal board, or designated special magistrate. An appeal shall be filed within 30 days of the execution of the order to be appealed.(k) All notices required by this rule shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above 15 years of age and informing such person of the contents of the notice; or by including a hearing date within the citation.(l) For those counties which enact ordinances to implement this rule and which have local enforcement boards or local appeal boards, the local enforcement board or local appeal board shall be responsible for the administration of such citation program and training of code enforcement officers. The local governing body of the county shall enter into interlocal agreements with any municipalities in the county so that such municipalities may, by ordinance, resolution, policy, or administrative order, authorize individuals to enforce the provisions of this subsection. Such individuals shall be subject to the requirements of training as specified by the local enforcement board or local appeal board.(m) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer commits a misdemeanor of the second degree, punishable as provided in ss. 775.082 or 775.083, F.S.(n) Nothing contained in this rule shall prohibit a county or municipality from enforcing its codes or ordinances by any other means.(o) Nothing in this rule shall be construed to authorize local jurisdictions to exercise disciplinary authority or procedures established in this rule against a person holding a proper valid certificate of competency or permit issued pursuant to this part.(2) The local governing body may collect and retain an outstanding fine against the person issued the citation.Fla. Admin. Code Ann. R. 69A-71.004
Rulemaking Authority 633.104, 633.106, 633.336(5) FS. Law Implemented 633.102, 633.104, 633.106, 633.118, 633.336(5) FS.
Adopted by Florida Register Volume 49, Number 244, December 19, 2023 effective 1/1/2024.