This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h1621c.SAC
DATE: 2/21/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1621 Unlawful Demolition of Historical Structures
SPONSOR(S): State Affairs Committee, Local Administration, Federal Affairs & Special Districts
Subcommittee, Beltran
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Local Administration, Federal Affairs & Special
Districts Subcommittee
16 Y, 0 N, As CS Mwakyanjala Darden
2) State Affairs Committee 20 Y, 0 N, As CS Mwakyanjala Williamson
SUMMARY ANALYSIS
Code enforcement is a function of local government intended to enhance the economy and quality of life of
counties and municipalities by protecting the health, safety, and welfare of the community. Four areas of
Florida law create mechanisms counties and municipalities may utilize for code and ordinance enforcement.
Under each statutory mechanism, a local government designates code inspectors or code enforcement
officers, tasked with investigating potential code violations, providing notice of violations, and issuing citations
for noncompliance, but not possessing police powers. These statutes provide permissible code enforcement
mechanisms that may be used by local governments in any combination they choose.
The Local Government Code Enforcement Boards Act allows each county and municipality to create local
government code enforcement boards by ordinance. Code enforcement proceedings are initiated by code
inspectors notifying the alleged violator of the specific violation. Violators are granted a reasonable period to
correct the violation. Those failing to correct the violation are reported to the enforcement board and a hearing
is requested. At the conclusion of the hearing, the code enforcement board issues finding of fact and provides
an order stating the relief granted, which may include the imposition of fines. These fines may not exceed $250
per day for a first violation, $500 per day for a repeat violation, and $5,000 for a violation that is irreparable or
irreversible in nature. Boards of counties or municipalities with a population greater than 50,000 may adopt an
ordinance imposing greater fines.
The bill authorizes code enforcement boards to impose an enhanced fine for the demolition of a structure
individually listed on, or contributing to, the National Register of Historic Places. A code enforcement board or
special magistrate must make specific findings based on competent, substantial evidence that the demolition of
the historic structure was not permitted and was not the result of a natural disaster to impose the fine. The
enhanced fine may not exceed 20 percent of the fair market value of the property, as identified in the property
appraiser’s evaluation.
The bill does not appear to have a fiscal impact on state government and may have a positive fiscal impact on
local governments.
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DATE: 2/21/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
County and Municipal Code Enforcement
Code enforcement is a function of local government intended to enhance the economy and quality of
life of counties and municipalities by protecting the health, safety, and welfare of the community.
1
Four
areas of Florida law create mechanisms counties and municipalities may utilize for code and ordinance
enforcement.
2
Under each mechanism, a local government designates code inspectors or code
enforcement officers, tasked with investigating potential code violations, providing notice of violations,
and issuing citations for noncompliance. Code inspectors and enforcement officers do not possess
police powers. These statutes provide permissible code enforcement mechanisms that may be used by
local governments in any combination they choose.
3
The Local Government Code Enforcement Boards Act
4
allows each county and municipality to create
local government code enforcement boards by ordinance.
5
A code enforcement board is an
administrative board composed of members appointed by the governing body of a county or
municipality
6
with the authority to hold hearings and impose administrative fines and other non-criminal
penalties for violations of the jurisdiction’s codes or ordinances.
7
A code enforcement board may adopt
rules for the conduct of its hearings; subpoena alleged violators, witnesses, and evidence to its
hearings; take testimony under oath; and issue orders having the force of law necessary to bring a
violation into compliance.
8
Each code enforcement board has seven members, except that a county or
municipality with fewer than 5,000 residents may elect to appoint a board of five members. The local
governing body may appoint up to two alternate members for each code enforcement board to serve on
the board in the absence of board members.
Members of the code enforcement board must be residents of the county or municipality creating the
board.
9
Members must include an architect, a businessperson, an engineer, a general contractor, a
subcontractor, and a realtor, if possible.
Code enforcement proceedings are initiated by code inspectors.
10
The process begins with a code
inspector notifying the alleged violator of the specific violation. The violator is granted a reasonable
period to correct the violation.
11
If the violation is not corrected within the period specified in the notice,
the code inspector informs the enforcement board and requests a hearing. The code enforcement
board schedules the hearing and must provide written notice, by certified mail or personal service, to
the alleged violator.
12
A period for corrective action is not required if the violation is a repeat violation;
1
S. 162.02, F.S.
2
Ch. 125, Part II, F.S. (county self-government), ch. 162, Part I, F.S. (Local Government Code Enforcement Boards Act), ch. 162 Part II
(supplemental procedures for county or municipal code or ordinance enforcement procedures), and s. 166.0415, F.S. (city ordinance
enforcement).
3
See ss. 125.69(4)(i), 162.13, 162.21(8), and 166.0415(7), F.S.
4
Ch. 162, Part I, F.S.
5
S. 162.05(1), F.S.
6
Id.
7
S. 162.03, F.S.
8
S. 162.08, F.S.
9
S.162.05(2), F.S.
10
S. 162.06(1)(a), F.S. A “code inspector” is “any authorized agent or employee of the county or municipality whose duty it is to assure
code compliance.” S. 164.04(2), F.S.
11
S. 162.06(2), F.S.
12
Ss. 162.06(2) and 162.12(1), F.S. The code enforcement board may also provide additional notice by publication in a newspaper of
general circulation in the county or posting on the property where the alleged violation occurred and on the front door of the courthouse
or main county governmental center (for a county) or primary municipal government office (for a municipality). Ss. 162.06(2), 162.12(2),
F.S. STORAGE NAME: h1621c.SAC PAGE: 3
DATE: 2/21/2024
presents a serious threat to public health, safety, and welfare; or is irreparable or irreversible in
nature.
13
In each matter heard before a code enforcement board, the case is presented and testimony is taken
from both the code inspector and alleged violator.
14
At the conclusion of the hearing, the board issues
findings of fact and provides an order stating the relief granted.
15
The board may include a notice that
repairs must be completed by a specified date and fine the violator for each day the order has not been
complied with after the completion date or each day that a repeat violation occurs.
16
All final
administrative orders of the code enforcement board may be appealed to the circuit court within 30 of
the execution of the order.
17
As an alternative to a code enforcement board, the act allows counties and municipalities to adopt a
code enforcement system giving code enforcement officials or special magistrates the authority to hold
hearings and assess fines against violators of the local government’s codes or ordinances.
18
Each of
these methods may be used at the local government’s discretion, but a local government may choose
any method to enforce codes and ordinances.
19
Administrative Fines for Code Enforcement Violations
A code enforcement board may, upon notification by the code inspector that repairs have not been
completed by a specified date or upon finding that repeat violations have occurred, order violators
to pay a fine for each day of the continued violation. If the violation presents a serious threat to the
public health, safety, and welfare, the code enforcement board must notify the local governing body,
which may make all reasonable repairs to bring the property in compliance and charge the violator the
reasonable cost of those repairs in addition to the fine imposed. If, after due notice and hearing, a code
enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to
pay a fine.
20
Administrative fines may not exceed $250 per day for a first violation and may not exceed $500 per day
for a repeat violation.
21
If the board finds the violation is irreparable or irreversible in nature, the board
may impose a fine of up to $5,000. When determining the amount of the fine, the board may consider
the following factors:
The gravity of the violation.
Any actions taken by the violator to correct the violation.
Any previous violations committed by the violator.
22
A code enforcement board may choose to reduce the amount of the fine initially imposed.
23
A county or municipality with a population of 50,000 or greater may adopt, by a majority vote plus one
of the entire governing body, an ordinance that allows code enforcement boards or special magistrates
to impose fines in excess of the above limits. The ordinance may provide for fines of up to $1,000 per
day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to
$15,000 per violation if the code enforcement board or special magistrate finds the violation to be
irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special
13
S. 162.06(3) and (4), F.S.
14
S. 162.07(2) and (3), F.S.
15
S. 162.07(4), F.S.
16
S. 162.09(1), F.S.
17
S. 162.11, F.S.
18
S. 162.03, F.S.
19
The Attorney General has opined, “once a municipality has adopted the procedures of ch. 162, F.S., to enforce its municipal codes
and ordinances, it may not alter or amend those statutorily prescribed procedures but must utilize them as they are set forth in the
statutes.” Op. Att’y Gen. 2000-53 (2000). A local government may, however, maintain a ch. 162, F.S., code enforcement board and still
decide to enforce a particular violation by bringing a charge in county court, or any other means provided by law. Goodman v. County
Court in Broward County, Fla. 711 So.2d 587 (Fla. 4th DCA 1998).
20
S.162.09(1), F.S.
21
S.162.09(2)(a), F.S.
22
S.162.09(2)(b), F.S.
23
S.162.09(2)(c), F.S. STORAGE NAME: h1621c.SAC PAGE: 4
DATE: 2/21/2024
magistrate may impose additional fines to cover all costs incurred by the local government in enforcing
its codes and all costs of repairs. Any ordinance imposing such fines must include criteria to be
considered by the code enforcement board or special magistrate in determining the amount of the
fines.
24
A certified copy of an order imposing a fine, including any repair costs incurred by the local
government, may be recorded in the public records and constitutes a lien against the land on which the
violation exists and upon any other real or personal property owned by the violator. Upon petition to the
circuit court, the order is enforceable in the same manner as a court judgment, including execution and
levy against the personal property of the violator, but such order cannot be deemed to be a court
judgment except for enforcement purposes. A lien arising from such a fine runs in favor of the local
governing body, and the local governing body may execute a satisfaction or release of lien entered.
25
National Register of Historic Places
The National Register of Historic Places is an official list of sites and properties throughout the country
that reflect the prehistoric occupation and historical development of our nation, states, and local
communities. More than 1,700 properties and districts in Florida are listed on the National Register.
Nominations for properties in Florida are submitted to the National Park Service through the Division of
Historical Resources within the Department of State following review and recommendation by the
Florida National Register Review Board. Listing in the National Register does not, in itself, impose any
obligation on the property owner, or restrict the owner's basic right to use and dispose of the property
as he or she sees fit, but does encourage the preservation of significant historic resources.
Demolition Permits
It is unlawful for a person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any
building without first obtaining a building permit from the local government or from such persons as
may, by resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees
as set forth in a schedule of fees adopted by the enforcing agency.
26
A local law, ordinance, or regulation may not prohibit or otherwise restrict the ability of a private
property owner to obtain a building permit to demolish his or her single-family residential structure
provided that:
Such structure is located in a coastal high-hazard area, moderate flood zone, or special flood
hazard area according to a Flood Insurance Rate Map issued by the Federal Emergency
Management Agency for the purpose of participating in the National Flood Insurance Program.
The lowest finished floor elevation of such structure is at or below base flood elevation as
established by the Building Code or a higher base flood elevation as may be required by local
ordinance, whichever is higher.
Such permit complies with all applicable Building Code, Fire Prevention Code, and local
amendments to such codes.
27
However, a local law, ordinance, or regulation may restrict demolition permits for a:
Structure designated on the National Register of Historic Places;
Privately owned single-family residential structure designated historic by a local, state, or
federal governmental agency on or before January 1, 2022; or
Privately owned single-family residential structure designated historic after January 1, 2022, by
a local, state, or federal governmental agency with the consent of its owner.
28
24
S.162.09(2)(d), F.S.
25
S.162.09(3), F.S.
26
S. 553.79(1), F.S.
27
S. 553.79(26)(a), F.S.
28
S. 553.79(26)(d), F.S. STORAGE NAME: h1621c.SAC PAGE: 5
DATE: 2/21/2024
Effect of Proposed Changes
The bill authorizes code enforcement boards to impose an enhanced fine for the demolition of a
structure individually listed on, or contributing to, the National Register of Historic Places. A code
enforcement board or special magistrate must make specific findings based on competent, substantial
evidence that the demolition of the historic structure was not permitted and was not the result of a
natural disaster to impose the fine. The enhanced fine may not exceed 20 percent of the fair market
value of the property as identified in the property appraiser’s evaluation.
B. SECTION DIRECTORY:
Section 1: Amends s. 162.09, F.S., relating to administrative fines; costs of repair; liens.
Section 2: Provides an effective date of July 1, 2024.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
The bill may increase local government revenues to the extent additional fines are collected for
code enforcement violations.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
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DATE: 2/21/2024
B. RULE-MAKING AUTHORITY:
The bill neither provides authority for nor requires rulemaking by executive branch agencies.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On January 31, 2024, the Local Administration, Federal Affairs & Special Districts Subcommittee adopted
an amendment and reported the bill favorably as a committee substitute. The amendment removed
language that would have allowed a code enforcement board to assess an enhanced fine for an
individually listed local historic landmark.
On February 21, 2024, the State Affairs Committee adopted a proposed committee substitute (PCS) and
reported the bill favorably as a committee substitute. The PCS removed the word “landmark” in regards to
unlawful demolition of structures individually listed on, or contributing to, the National Register of Historic
Places.
This analysis is drafted to the committee substitute as passed by the State Affairs Committee.