Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-71 - PENALTY GUIDELINES FOR FIRE PROTECTION CONTRACTORS AND UNLICENSED CONTRACTORS › Section 69A-71.004 - Local Governing Body; Jurisdiction and Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Each county or municipality may, at its
				option, designate one or more of its code enforcement officers, as defined in
				chapter 162, to enforce, as set out in this rule, the provisions of s.
				 633.336, F.S., against persons
				who engage in activity for which a local permit or certification of competency
				or permit is required.
(a) A code enforcement
				officer designated pursuant to this rule may issue a citation for any violation
				of s.  633.336, F.S., whenever, based
				upon personal investigation, the code enforcement officer has reasonable and
				probable grounds to believe that such a violation has occurred.
(b) A citation issued by a code enforcement
				officer shall be in a form prescribed by the local governing body of the county
				or municipality and shall state:
1. The time
				and date of issuance.
2. The name
				and address of the person to whom the citation is issued.
3. The time and date of the
				violation.
4. A brief description
				of the violation and the facts constituting reasonable cause.
5. The name of the code enforcement
				officer.
6. The procedure for the
				person to follow in order to pay the civil penalty or to contest the
				citation.
7. The applicable civil
				penalty if the person elects not to contest the citation.
(c) The local governing body of the county or
				municipality may enforce this rule against an unlicensed contractor acting as a
				Fire Protection Contractor under the provisions of this rule and may enact an
				ordinance establishing procedures for implementing this rule, including a
				schedule of penalties to be assessed by the code enforcement officer. The
				maximum civil penalty which may be levied may not exceed $10,000 per citation.
				Moneys collected pursuant to this rule shall be retained locally, as provided
				for by local ordinance, and may be set aside in a specific fund to support
				future enforcement activities against unlicensed persons.
(d) The person issued the citation under this
				rule shall immediately cease all activity governed by this rule upon receipt of
				the citation; and the person charged with the violation shall elect either to
				correct the violation and pay the civil penalty in the manner indicated on the
				citation or, within 10 days of receipt of the citation, exclusive of weekends
				and legal holidays, request an administrative hearing before the local
				enforcement board, local appeal board, or designated special magistrate to
				appeal the issuance of the citation by the code enforcement officer.
1. Hearings shall be held before the local
				enforcement board, local appeal board, or designated special magistrate as
				established by s.  162.03, F.S., and such hearings
				shall be conducted pursuant to the requirements of ss.
				 162.07 and
				 162.08, F.S.
2. Failure of a violator to appeal the
				decision of the code enforcement officer within the time period set forth in
				this paragraph shall constitute a waiver of the violator's right to an
				administrative hearing. A waiver of the right to an administrative hearing
				shall be deemed an admission of the violation, and penalties may be imposed
				accordingly.
3. If the person
				issued the citation, or his or her designated representative, shows that the
				citation is invalid or that the violation has been corrected prior to appearing
				before the local enforcement board, local appeal board, or designated special
				magistrate, then the local enforcement board, local appeal board, or designated
				special magistrate may dismiss the citation unless the violation is irreparable
				or irreversible.
4. Each day a
				willful, knowing violation continues shall constitute a separate offense under
				the provisions of this rule.
(e) A person cited for a violation pursuant
				to this rule is deemed to be charged with a noncriminal infraction.
(f) If the local enforcement board, local
				appeal board, or designated special magistrate finds that a violation exists,
				then the local enforcement board, local appeal board, or designated special
				magistrate may order the violator to pay a civil penalty of not less than the
				amount set forth on the citation but not more than $10,000 per day for each
				violation. In determining the amount of the penalty, the local enforcement
				board, local appeal board, or designated special magistrate may consider the
				aggravating and mitigating factors as provided in rule
				 69A-71.003, F.A.C.
(g) Upon written notification by the code
				enforcement officer that a violator had not contested the citation or paid the
				civil penalty within the timeframe allowed on the citation, or if a violation
				has not been corrected within the timeframe set forth on the notice of
				violation, the local enforcement board, local appeal board, or designated
				special magistrate shall enter an order ordering the violator to pay the civil
				penalty set forth on the citation or notice of violation, and a hearing shall
				not be necessary for the issuance of such order.
(h) A certified copy of an order imposing a
				civil penalty against an unlicensed contractor may be recorded in the public
				records and thereafter shall constitute a lien against any real or personal
				property owned by the violator. Upon petition to the circuit court, such order
				may be enforced in the same manner as a court judgment by the sheriffs of this
				state, including a levy against personal property; however, such order shall
				not be deemed to be a court judgment except for enforcement purposes. A civil
				penalty imposed pursuant to this part shall continue to accrue until the
				violator comes into compliance or until judgment is rendered in a suit to
				foreclose on a lien filed pursuant to this subsection, whichever occurs first.
				After 3 months from the filing of any such lien which remains unpaid, the local
				enforcement board, local appeal board, or designated special magistrate may
				authorize the local governing body's attorney to foreclose on the lien. No lien
				created pursuant to the provisions of this part may be foreclosed on real
				property which is a homestead under article X, section 4, of the Florida
				Constitution.
(i) This rule does
				not authorize or permit a code enforcement officer to perform any function or
				duty of a law enforcement officer other than a function or duty that is
				authorized in this rule.
(j) An
				aggrieved party, including the local governing body, may appeal a final
				administrative order of the local enforcement board, local appeal board, or
				designated special magistrate, to the circuit court. Such an appeal shall not
				be a hearing de novo but shall be limited to appellate review of the record
				created before the local enforcement board, local appeal board, or designated
				special magistrate. An appeal shall be filed within 30 days of the execution of
				the order to be appealed.
(k) All
				notices required by this rule shall be provided to the alleged violator by
				certified mail, return receipt requested; by hand delivery by the sheriff or
				other law enforcement officer or code enforcement officer; by leaving the
				notice at the violator's usual place of residence with some person of his or
				her family above 15 years of age and informing such person of the contents of
				the notice; or by including a hearing date within the citation.
(l) For those counties which enact ordinances
				to implement this rule and which have local enforcement boards or local appeal
				boards, the local enforcement board or local appeal board shall be responsible
				for the administration of such citation program and training of code
				enforcement officers. The local governing body of the county shall enter into
				interlocal agreements with any municipalities in the county so that such
				municipalities may, by ordinance, resolution, policy, or administrative order,
				authorize individuals to enforce the provisions of this subsection. Such
				individuals shall be subject to the requirements of training as specified by
				the local enforcement board or local appeal board.
(m) Any person who willfully refuses to sign
				and accept a citation issued by a code enforcement officer commits a
				misdemeanor of the second degree, punishable as provided in ss.
				 775.082 or
				 775.083, F.S.
(n) Nothing contained in this rule shall
				prohibit a county or municipality from enforcing its codes or ordinances by any
				other means.
(o) Nothing in this
				rule shall be construed to authorize local jurisdictions to exercise
				disciplinary authority or procedures established in this rule against a person
				holding a proper valid certificate of competency or permit issued pursuant to
				this part.