HB 883 — County and Municipal Code Enforcement

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 883 2021 A bill to be entitled An act relating to county and municipal code enforcement;

prohibitingrequiring codepersons inspectorswho fromreport initiating enforcement proceedings for potential violations of codes and ordinances byto wayprovide ofspecified anonymousinformation complaints;to the board before an investigation occurs;

requiring complainants to provide specified information to report potential code or ordinance violations;

providing an exception;

specifying actions a county may take if a person falsely claims a fear of retaliation or status-based legal jeopardy to make a false complaint;

prohibiting code inspectors from initiating enforcement proceedings for potential violations of codes and ordinances by way of anonymous complaintscomplaints; unless the complainant provides specified information;

requiring complainantspersons who report potential violations of codes and ordinances to provide specified information to reportthe potentialrespective codelocal orgovernment ordinancebefore violations;an investigation occurs;

specifying actions a county may take if a person falsely claims a fear of retaliation or status-based Page 1 of 11 CODING:

Words stricken are deletions;

words underlined are additions.

hb0883-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 883 2021 legal jeopardy to make a false complaint;

requiring persons who report potential violations of codes and ordinances to provide specified information to the respective local governmentPage before1 anof investigation10 occurs;CODING:

Words stricken are deletions;

words underlined are additions.

hb0883-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 883 2021 government before an investigation occurs;

enforcement by code inspectors.— Page(4)(a) 2The board of 11county CODING:commissioners of each county may designate its agents or employees as code inspectors whose duty it is to assure code compliance.

Words stricken are deletions;

words underlined are additions.

hb0883-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 883 2021 (4)(a) The board of county commissioners of each county may designate its agents or employees as code inspectors whose duty it is to assure code compliance.

(b) A codeperson inspectordesignated mayas not initiate an investigation of a potential violation of a duly enacted code orinspector ordinancemay bynot wayPage of2 an anonymous complaint unless the complainant states that he or she has a substantial fear of retaliation10 orCODING: of status-based legal jeopardy.

Unless the complainant expresses such fear, a complainant who reports a potential violation of a code or an ordinance must provide his or her name and address to the board of county commissioners before an investigation occurs.

This paragraph does not apply if the code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or threat of imminent destruction of habitat or sensitive resources.

(c) A person who falsely claims a fear of retaliation or of status-based legal jeopardy to make a false complaint alleging a violation of a duly enacted code or ordinance is liable for all costs incurred by the county in investigating the potential violation, including costs of personnel, equipment, testing, and reasonable costs and attorney fees if the county Page 3 of 11 CODING:

hb0883-02-c2hb0883-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 883 2021 bringsinitiate an actioninvestigation toof prosecutea thepotential claimantviolation of thea falseduly reportenacted code or toordinance collectby amountsway made payable under this paragraph, provided such person is given notice of suchan potentialanonymous liabilitycomplaint. at the time the complaint is made.

(d)(a)A Priorperson towho issuingreports a citation,potential violation of a code inspectoror shallan provideordinance noticemust toprovide thehis violatoror thather thename violatorand hasaddress committedto athe violationgoverning body of athe coderespective orboard ordinanceof andcounty shallcommissioners establishbefore aan reasonableinvestigation timeoccurs. period within which the violator must correct the violation.

This paragraph does not apply if the person designated as a code inspector has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or threat of imminent destruction of habitat or sensitive resources.

(c)(a) Prior to issuing a citation, a code inspector shall provide notice to the violator that the violator has committed a violation of a code or ordinance and shall establish a reasonable time period within which the violator must correct the violation.

(e)(b)(d)(b) A citation issued by a code inspector shall state thePage date3 and time of issuance,10 nameCODING: and address of the person in violation, date of the violation, section of the codes or ordinances, or subsequent amendments thereto, violated, name of the code inspector, and date and time when the violator shall appear in county court.

(f)(c) If a repeat violation is found subsequent to the Page 4 of 11 CODING:

hb0883-02-c2hb0883-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 883 2021 issuancethe date and time of aissuance, citation,name and address of the codeperson inspectorin isviolation, notdate requiredof tothe giveviolation, section of the violatorcodes aor reasonableordinances, timeor tosubsequent correctamendments thereto, violated, name of the violationcode inspector, and maydate immediatelyand issuetime awhen citation.the violator shall appear in county court.

(e)(c) If a repeat violation is found subsequent to the issuance of a citation, the code inspector is not required to give the violator a reasonable time to correct the violation and may immediately issue a citation.

(g)(d)(f)(d) If the owner of property which is subject to an enforcement proceeding before county court transfers ownership of such property between the time the initial citation or citations are issued and the date the violator has been summoned to appear in county court, such owner shall:

Disclose, in writing, to the prospective transferee thatPage the4 newof owner10 willCODING: be responsible for compliance with the applicable code and with orders issued in the county court proceeding.

4.

File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, Page 5 of 11 CODING:

hb0883-02-c2hb0883-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 883 2021 withinthat 5the daysnew afterowner will be responsible for compliance with the dateapplicable ofcode and with orders issued in the transfer.county court proceeding.

4.

File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer.

(h)(e)(g)(e) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, or if after attempts under this section to bring a repeat violation into compliance with a provision of a code or ordinance prove unsuccessful, the local governing body may make all reasonable repairs which are required to bring the property into compliance and charge the owner with the reasonable cost of the repairs alongPage with5 theof fine10 imposedCODING: pursuant to this section.

Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith.