Gary and Jeanne Platonoff did everything a property owner is supposed to do. When the City of Fort Lauderdale cited their rental property for code violations in 2024, they fixed everything — fast. They corrected the violations before the deadline, got a city supervisor to personally come out and sign off on their compliance, and walked away from that case paying zero dollars in fines. Case closed.
Nearly two years later, a city inspector returned to the property at 2320 SW 19th Avenue. He found similar conditions — peeling paint on the exterior, debris on the swale. He also found a cracked driveway and a truck with an expired tag. The Platonoffs corrected everything within 12 days.
But this time was different. The inspector checked one box on his report: repeat violation.
Those two words triggered one of the most powerful — and least understood — provisions in Florida code enforcement law. Under Florida Statute §162.09, a repeat violation can carry fines of up to $5,000 per day, beginning from the date the inspector first observes the condition. Not from the date a judge rules. Not from the date of a hearing. From the date the inspector walks your property and checks that box.
“My clients did everything right. They fixed everything early. They got a city supervisor to come out and sign off. They paid zero dollars in fines. Now some inspector comes out and checks one box — and suddenly they’re facing $65,000 in fines before anyone even gets into a hearing room. That’s not code enforcement. That’s a trap.”
— Ari Pregen, Esq. · The Code Clinic · As Quoted on CBS MiamiWhat Florida’s Repeat Violation Law Actually Says
Most Florida property owners have never heard of Chapter 162 of the Florida Statutes until they are sitting across from a code enforcement inspector. Chapter 162 is the state law governing municipal code enforcement throughout Florida — from Fort Lauderdale to Miami, from Tampa to Jacksonville, from Orlando to Pensacola.
Under Chapter 162, if a property owner has been previously found in violation of the same code provision within the prior five years, a new violation of that same provision is classified as a repeat violation. The consequences are severe:
How Repeat Violation Fines Work
- For municipalities over 50,000 people — including Fort Lauderdale, Miami, Tampa, Orlando, and most major Florida cities — repeat violation fines can reach $5,000 per day per violation
- The fine clock starts from the date the code inspector finds the condition — not from any court order or magistrate ruling
- No prior hearing is required before the meter starts running
- The fine accrues until the property comes into compliance
- A certified copy of any fine order can be recorded as a lien against the property
- After 90 days, the city may foreclose on the lien
This means a property owner can accumulate tens of thousands of dollars in potential fines before they have any opportunity to appear before a magistrate, present evidence, or tell their side of the story. There is no prior hearing. There is no judicial finding. There is no due process before the meter starts running.
The Case Timeline
How The Code Clinic Fought Back
When Gary and Jeanne Platonoff retained The Code Clinic, the first action taken was a direct phone call to the assigned city inspector — before any document was filed, before any formal argument, before stepping into a courtroom.
On that call, the facts were laid out clearly: the prior violations had been corrected by March 27, 2024, nearly two weeks before the compliance deadline. A city supervisor had personally verified and signed off on that compliance on April 3, 2024. The prior case closed with zero fines. The property had been compliant for nearly two years before the inspector returned in February 2026. And when new violations were found, the owners corrected everything within 12 days.
The inspector acknowledged the strength of these arguments. The city agreed to seek not $5,000 per day — but $50 per day, for 12 days. A proposed total of $600.
That is a reduction of more than 99% from maximum exposure — achieved before the hearing even occurred.
The hearing is still pending. The Code Clinic will continue to argue for further reduction at the Special Magistrate hearing. This post will be updated with the outcome.
What This Reveals About Florida Code Enforcement
The Platonoff case is not unusual. Across Florida — in Broward County, Miami-Dade County, Palm Beach County, Hillsborough County, Orange County, Duval County, and beyond — property owners receive violation notices, correct the issues in good faith, and then find themselves blindsided years later by repeat violation designations carrying devastating financial exposure.
The repeat violation fine structure is particularly aggressive because it does not require any prior notice that the inspector intends to classify a new violation as a repeat. There is no hearing before the fine clock starts. There is no opportunity to contest the designation before the meter is already running. A single inspector’s classification triggers a fine schedule that can reach quarter-million-dollar territory before the property owner ever appears before a magistrate.
The Eighth Amendment to the United States Constitution — made applicable to state and local governments by the Supreme Court’s decision in Timbs v. Indiana — prohibits excessive fines in civil and administrative proceedings. Whether the repeat violation fine structure as applied in cases like this one is constitutionally sound is a question that Florida courts have not definitively resolved. What is clear is that the magistrate has discretion over the amount of the fine, and that documented good faith compliance is among the most powerful mitigation evidence available.
If You Are Facing a Code Enforcement Hearing in Florida
Whether you own property in Fort Lauderdale, Hollywood, Pompano Beach, Deerfield Beach, Hallandale Beach, Lauderdale Lakes, Miami, Hialeah, Coral Gables, Homestead, Boca Raton, Delray Beach, West Palm Beach, Boynton Beach, Lake Worth, Palm Beach Gardens, Tampa, St. Petersburg, Clearwater, Orlando, Kissimmee, Sanford, Jacksonville, Gainesville, Tallahassee, Pensacola — or anywhere else in Florida — the same Chapter 162 framework governs your case.
- Do not ignore the notice. Failure to appear allows the magistrate to rule entirely on the city’s evidence, with no input from you.
- Correct the violations immediately and contact the inspector to verify compliance. Photograph everything with timestamps. Keep receipts and contractor invoices.
- Do not assume compliance eliminates the fine. On a repeat violation, fines accrued during the period of non-compliance do not disappear because you later corrected the condition.
- Contact a code enforcement defense attorney before the hearing. The period between receiving the notice and the hearing date is when the most important work happens — not in the courtroom.
- If you have a prior case history, document it carefully. Supervisor sign-offs, inspector verification records, and case closure documentation are powerful mitigation evidence.
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Free Violation Review → (305) 396-1495Update pending: The Platonoff case is scheduled for a Special Magistrate hearing in May 2026. This post will be updated with the final resolution. The outcome of this case does not guarantee similar results in other matters. Nothing in this post constitutes legal advice. Every code enforcement case involves unique facts, and results vary. If you have received a Notice of Violation or Notice of Hearing, consult a licensed Florida attorney before your hearing date. Ari Pregen, Esq., Florida Bar No. 94041. The Code Clinic is a Florida law firm. CBS Miami coverage referenced herein was reported by Larry Seward and published April 28, 2026.