Quick AnswerUnder Florida Statute §162.09(1), a repeat code violation allows fines up to $5,000 per day to begin accruing immediately — without a new hearing — when the same ordinance is violated at the same property within five years of a prior Special Magistrate finding. This is one of the most dangerous and least understood provisions in Florida code enforcement law.
Most Florida property owners understand that code violations can result in fines. Far fewer understand that a second violation of the same ordinance can trigger fines five times higher — without a hearing, without a warning, and without a compliance deadline. If you have had a code violation finding in the past five years and received a new citation at the same property, you may be facing a repeat violation designation with serious financial consequences.
What makes a violation a "repeat violation" under Florida law
Florida Statute §162.09(1) defines a repeat violation as a violation of the same ordinance or code provision at the same property within five years after a prior violation of the same ordinance resulted in a finding by the Special Magistrate. Several elements matter here. First, there must have been a prior finding of violation — not just a notice, but an actual order from a Special Magistrate. Second, the new citation must be for the same ordinance or code section as the prior finding. Third, the new violation must occur at the same property. Fourth, both the prior finding and the new violation must fall within the same five-year window.
Why repeat violations are especially dangerous
Under standard code enforcement procedure, a property owner receives a notice of violation, a compliance deadline, and a hearing before any fines are imposed. Repeat violations bypass this entire process. When a code enforcement officer finds what they believe is a repeat violation, they can issue a citation with fines beginning immediately — from the date of the finding — at up to $5,000 per day. There is no new compliance deadline. There is no hearing required before fines start running. By the time many property owners learn of the citation, significant fines have already accrued.
Broward County Code Enforcement Division, Miami-Dade Code Compliance Department, and Palm Beach County Code Enforcement all have the authority to designate repeat violations under §162.09(1). Municipal code enforcement offices throughout South Florida — including Fort Lauderdale, Hollywood, Miami, Hialeah, and Boca Raton — use this provision regularly.
Defenses against a repeat violation designation
The repeat violation designation is not automatic or unassailable. Common defenses include challenging whether the prior case resulted in an actual finding of violation (as opposed to a dismissed case or compliance before hearing), arguing that the new citation involves a different ordinance or code section than the prior finding, demonstrating that more than five years have passed since the prior finding, showing that the property changed ownership after the prior finding and the new owner had no knowledge of it, or arguing that the new violation is not the same in nature as the prior one. Reviewing the prior case record is essential to evaluating these defenses — do not assume the repeat violation designation is correct without having an attorney examine the underlying case.
What to do if you receive a repeat violation citation
Act immediately. Because fines in repeat violation cases begin accruing from the date of the citation, delay is expensive. Contact a code enforcement attorney as soon as possible to review the prior case record, evaluate the legal basis for the repeat designation, and determine the best course of action. In some cases, the designation can be successfully challenged. In others, achieving rapid compliance and filing for a lien reduction hearing under §162.09(2)(a) is the more practical path to minimizing total fines.
Frequently asked questions
What is a repeat violation under Florida code enforcement law?
Under Florida Statute §162.09(1), a repeat violation is a violation of the same ordinance or code provision at the same property within five years of a prior violation finding by the Special Magistrate. The key requirement is that a prior finding of violation must have been made — a notice alone does not qualify. For a repeat violation, the code enforcement officer can cite the property without issuing a new compliance deadline, and the Special Magistrate can impose fines up to $5,000 per day beginning from the date the repeat violation is found, without holding a new hearing.
Can you fight a repeat violation citation in Florida?
Yes. Even though Florida Statute §162.09(1) allows fines to begin accruing for repeat violations without a new hearing, you retain the right to challenge the designation itself. Common defenses include: the prior violation was not for the same ordinance or code section, the prior finding was more than five years ago, the property changed ownership since the prior finding, the new citation does not involve the same type of violation, or the prior case was dismissed or resolved without a finding of violation. An experienced code enforcement attorney can review the prior case record and determine whether the repeat violation designation is legally supportable.
How much are fines for a repeat code violation in Florida?
Under Florida Statute §162.09(1), fines for repeat violations can be imposed at up to $5,000 per day — five times the standard maximum of $1,000 per day. These fines begin accruing from the date the repeat violation is found, not from a future compliance deadline. This means fines can accumulate rapidly before the property owner even becomes aware of the citation. Once recorded as a lien under §162.09(3), repeat violation fines accrue interest at 12% per year and must be resolved before any sale or refinancing of the property.
Received a repeat violation citation in Broward, Miami-Dade, or Palm Beach County? Time matters — fines are already running. Call The Code Clinic at (305) 807-2204 immediately or visit thecodeclinicpa.com for a free review. Flat-fee defense, attorney Ari Pregen handles your case personally.