STORAGE NAME: h0717a.IAS
DATE: 3/12/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 717
TITLE: Unlawful Demolition of Historical Buildings and
Structures
SPONSOR(S): Greco
COMPANION BILL: SB 582 (Leek)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Intergovernmental Affairs
15 Y, 0 N
Industries & Professional
Activities
State Affairs
SUMMARY
Effect of the Bill:
The bill authorizes code enforcement boards or special magistrates to impose an enhanced fine for the knowing
and willful demolition of a structure individually listed on the National Register of Historic Places or is a
contributing resource to a National Register-listed district. The enhanced fine may not exceed 20 percent of the fair
market value of the property, as determined by the property appraiser.
Fiscal or Economic Impact:
The bill may increase local government revenues to the extent additional fines are collected for code enforcement
violations.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill authorizes code enforcement boards or special magistrates to impose an enhanced fine for the demolition
of a structure individually listed on the National Register of Historic Places or that is a contributing resource to a
National Register-listed district. A code enforcement board or special magistrate must make specific findings based
on competent, substantial evidence that the demolition of the historic structure was knowing and willful, not
permitted, and was not the result of a natural disaster. The enhanced fine may not exceed 20 percent of the fair
market value of the property, as determined by the property appraiser. (Section 1)
The bill provides an effective date of July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The bill may increase local government revenues to the extent additional fines are collected for code enforcement
violations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
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
1
S. 162.02, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
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; 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
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.
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. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 days of the execution of the order.
17
As an alternative to a code enforcement board, counties and municipalities may 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.
20 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.
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.
24 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 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.
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
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.
24
S.162.09(2)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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.
26 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.
27
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.
28
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.
29
25
S.162.09(3), F.S.
26
Florida Department of State, Florida Division of Historical Resources, National Register of Historic Places (last visited March
4, 2025).
27
S. 553.79(1), F.S.
28
S. 553.79(25)(a), F.S.
29
S. 553.79(25)(d), F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Intergovernmental Affairs
Subcommittee
15 Y, 0 N 3/12/2025 Darden Burgess
Industries & Professional Activities
Subcommittee
State Affairs Committee