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Code Enforcement Defense · Florida

What to Expect at a Code Violation Hearing in Florida

A practical guide to the hearing process, evidence requirements, and what happens after the Special Magistrate issues an order.

Quick Answer

Code enforcement hearings are presided over by a Special Magistrate — an independent attorney appointed by the local government under Florida Statute §162.05. The magistrate hears evidence and issues binding orders including daily fines under §162.09.

The Code Clinic, PLLC defends property owners, landlords, and businesses across South Florida and statewide. Attorney Ari Pregen handles code enforcement hearings, fine reduction proceedings, and lien removal on a flat-fee basis — call (305) 396-1495 for a free review.

Understanding your situation

Florida's code enforcement process is governed by Florida Statute Chapter 162, which gives property owners real procedural rights — but only if you know how to use them. Missing a deadline, failing to appear, or simply paying a fine without contesting it can cost thousands of dollars that a well-prepared defense might have saved. Learn how to fight a code violation in Florida before making any decisions.

What the law says

Under §162.09(1), fines can reach $1,000 per day for standard violations and $5,000 per day for repeat violations. Once recorded as a lien under §162.09(3), fines accrue interest at 12% per year and must be cleared before any sale or refinancing. The Special Magistrate has discretion under §162.09(2)(a) to reduce accrued fines significantly — but this requires a formal motion and a persuasive presentation. Read more about how fines work in Florida.

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Frequently asked questions

Who presides over code enforcement hearings in Florida?

Code enforcement hearings are presided over by a Special Magistrate — an independent attorney appointed by the local government under Florida Statute §162.05. The magistrate hears evidence and issues binding orders including daily fines under §162.09.

What evidence should I bring to a code violation hearing?

Bring dated photographs, contractor invoices, permit records, and written communications with code enforcement. Organize everything chronologically to present clearly to the Special Magistrate.

Can I appeal the outcome of a code violation hearing in Florida?

Yes. Under Florida Statute §162.11, you can appeal to circuit court within 30 days of the order being rendered. The appeal is based on the hearing record, so what happens at the hearing matters significantly.

Call The Code Clinic at (305) 396-1495 or visit thecodeclinicpa.com for a free review. Flat-fee defense. No hourly billing.

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