Quick AnswerAt a Florida code violation hearing, a Special Magistrate hears evidence from the code enforcement officer and the property owner, then issues a written order. If a violation is found and not corrected by the deadline set in the order, daily fines begin accruing automatically under Florida Statute §162.09 — often $250 to $1,000 per day.
A code violation hearing is not a courtroom trial, but it is a formal legal proceeding with real consequences. Property owners who show up unprepared — or don't show up at all — routinely walk away with findings of violation, compliance deadlines they can't meet, and daily fines that quickly exceed the cost of the original problem. Here is what actually happens at these hearings and how to be ready.
How the hearing is structured
Florida code enforcement hearings are quasi-judicial proceedings governed by Florida Statute Chapter 162. They are presided over by a Special Magistrate — an independent, licensed Florida attorney appointed by the local government. The hearing is not run by a judge, but the Special Magistrate has the authority to take sworn testimony, admit evidence, and issue legally binding orders.
The code enforcement officer presents first. They will introduce the notice of violation, evidence of the alleged violation (typically photographs), and testimony about when the property was inspected. After the officer, the property owner — or their attorney — has the opportunity to present evidence, cross-examine the officer, and make arguments.
What the code enforcement officer must prove
The burden is on the code enforcement agency to prove by a preponderance of the evidence that the violation existed and that proper notice was given under §162.06. "Preponderance" means more likely than not. This is a lower standard than criminal cases, but it still requires actual evidence. If the officer's photographs are unclear, if notice was not properly served, or if the cited code section doesn't apply to your property, those are legitimate grounds to challenge the finding.
Broward County Code Enforcement Division, Miami-Dade Code Compliance Department, and Palm Beach County Code Enforcement all operate under this same statutory framework, though each has its own local procedures and ordinances. Municipal code enforcement offices within each county — Fort Lauderdale, Miami, Hollywood, Boca Raton — have their own Special Magistrates and hearing schedules.
What you can do at the hearing
As the property owner, you can present photographs showing the violation was corrected, testimony about mitigating circumstances, contractor invoices documenting remediation, evidence that notice was improper, or arguments that the cited ordinance doesn't apply. You can also cross-examine the code enforcement officer about their inspection methodology, the accuracy of their photographs, and the basis for their legal conclusions.
If you have already corrected the violation before the hearing, bring proof and say so clearly on the record. A Special Magistrate can still find a violation occurred but impose no fine if compliance is demonstrated — but this is not automatic. You have to make the argument and present the evidence.
What happens after the hearing
The Special Magistrate issues a written order, typically within a few days. If a violation is found, the order sets a compliance deadline — usually 30 to 60 days. If the violation is not corrected by that deadline, daily fines begin accruing automatically under §162.09 without any further hearing. Those fines, once recorded as a lien under §162.09(3), attach to the property and must be satisfied before any sale or refinancing can close.
Under §162.11, you have 30 days from the order to appeal to circuit court. The appeal is based on the hearing record, which is why what happens at the hearing — and how well you present your case — matters significantly.
Frequently asked questions
Who presides over code enforcement hearings in Florida?
Code enforcement hearings in Florida are presided over by a Special Magistrate — an independent attorney appointed by the local government. The Special Magistrate is not a judge, but the hearing functions like a quasi-judicial proceeding under Florida Statute §162.05. The Special Magistrate hears evidence from both the code enforcement officer and the property owner, then issues a written order. That order can include a finding of violation, a compliance deadline, and if the deadline is missed, daily fines that accrue automatically under §162.09.
What evidence should I bring to a code violation hearing in Florida?
Bring everything that supports your defense or shows compliance: dated photographs of the property, contractor invoices or receipts showing corrective work, permits pulled from the building department, written communications with code enforcement, and any documents showing you were not the responsible party. Testimony from contractors or witnesses who observed the property condition can also be valuable. Organize your evidence chronologically so you can present it clearly to the Special Magistrate.
Can I appeal the outcome of a code violation hearing in Florida?
Yes. Under Florida Statute §162.11, a property owner can appeal a Special Magistrate's order to the circuit court within 30 days of the order being rendered. The appeal is based on the record of the hearing, so what happens at the hearing matters. This is one of the strongest reasons to arrive prepared, present your evidence properly, and make your arguments clearly on the record. An attorney can ensure the hearing record supports a viable appeal if needed.
Facing a code violation hearing in Broward, Miami-Dade, or Palm Beach County? The Code Clinic, PLLC offers flat-fee defense so you know your exact cost before you walk in. Attorney Ari Pregen handles code enforcement hearings exclusively — no hourly billing, no surprises. Call (305) 807-2204 or visit thecodeclinicpa.com for a free violation review.