Quick AnswerThe Special Magistrate enters a default order finding the violation as alleged and imposing a compliance deadline. Daily fines up to $1,000/day begin accruing automatically under §162.09(1) once the deadline passes. The municipality can record the order as a lien under §162.09(3).
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
What happens if you miss a code violation hearing in Florida?
The Special Magistrate enters a default order finding the violation as alleged and imposing a compliance deadline. Daily fines up to $1,000/day begin accruing automatically under §162.09(1) once the deadline passes. The municipality can record the order as a lien under §162.09(3).
Can you reopen a code violation case after a default order in Florida?
Possibly. You can file a motion to rescind the order with the Special Magistrate, demonstrating good cause — lack of proper notice, documented emergency, or procedural error. Act immediately — fines accrue daily and options narrow over time.
How do I find out if a default order was entered against my property in Florida?
Default orders may be recorded as liens in county public records under §162.09(3). Search county public records online, contact the code enforcement office, or request a municipal lien search. If you suspect a hearing was held without your knowledge, act immediately.
Call The Code Clinic at (305) 396-1495 or visit thecodeclinicpa.com for a free review. Flat-fee defense. No hourly billing.