Florida code violation lists and code enforcement liens

What is a code enforcement lien, and how is it different from a code violation?

A violation is a case. The code inspector notifies the violator, the case may go to an enforcement board, and the owner may fix it, contest it or have a fine reduced before anything is recorded. What chapter 162 provides for recording is the order imposing a fine (s. 162.09(3)).

A lien is a recorded instrument. Under s. 162.09(3), a certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records, and from then on it is a lien. Two details matter to an investor. First, it runs against the violation property and also against any other real or personal property the violator owns, so the address on the case is not always the only property affected. Second, the lien runs in favor of the local governing body, which may execute a satisfaction or release of it.

How does a violation become a fine, and a fine become a lien?

The code inspector notifies the violator and, on a first violation, allows a reasonable time to correct it (s. 162.06(2)). If the violation continues past the compliance date, the inspector notifies the enforcement board and requests a hearing. On a repeat violation the inspector still notifies the violator but is not required to allow a reasonable time to correct it, and notifies the board right away (s. 162.06(3)).

Once the board has ordered compliance and the date passes, or it finds a repeat violation, it may order a fine for each day the violation continues (s. 162.09(1)). A fine continues to accrue until the violator complies or until judgment is rendered in a suit under that section, whichever comes first (s. 162.09(3)). The fine only becomes a lien when a certified copy of the order is recorded.

How large can a code enforcement fine be?

The baseline caps in s. 162.09(2)(a) are $250 per day for a first violation and $500 per day for a repeat violation, and a board that finds a violation irreparable or irreversible may impose up to $5,000 per violation. Under s. 162.09(2)(d), a county or municipality with a population of 50,000 or more may adopt an ordinance allowing up to $1,000 per day (first), $5,000 per day (repeat) and $15,000 per violation (irreparable or irreversible). A board may also reduce a fine it imposed (s. 162.09(2)(c)), so the recorded figure is not always the figure first ordered.

Does a code enforcement lien survive a tax deed?

Partly, yes. Fla. Stat. s. 197.552 says that, except as chapter 197 provides, no right, interest, restriction or other covenant survives a tax deed, but a lien of record held by a municipal or county governmental unit, special district or community development district that is not satisfied as of the disbursement of sale proceeds under s. 197.582 does survive it. What happens to a code lien in a mortgage foreclosure depends on the parcel’s record and the case, so read the title and the docket before you count on it either way.

How long does a code enforcement lien last?

Up to 20 years from recording. Under s. 162.10 no lien under the Local Government Code Enforcement Boards Act continues longer than 20 years after the certified copy of the order is recorded, unless within that time an action is commenced under s. 162.09(3). The continuation does not hold against creditors or subsequent purchasers for valuable consideration without notice unless a notice of lis pendens is recorded. That is a lien life, not a limitations period on a violation.

What changes on a homestead parcel?

Section 162.09(3) says no lien created under that part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution, and that the money judgment provisions of the section do not apply to property covered by s. 4(a), Art. X. The lien can still be recorded. For an investor that means a lien on an owner-occupied homestead is a different pressure from one on a rental or vacant parcel.

Where can you get a code violation list for free?

Open violations are held by the city or county code compliance office that opened the case; ask that office what it publishes. Recorded liens are in the county clerk’s official records, which is where one large county’s lien-services page points for lien searches. An open case and a recorded lien will not appear in the same place. Local governments also offer payoff letters and releases, and the terms and fees are set by each one.

Why is a code lien a seller signal, and what does Lispend add?

A recorded lien means the fine was ordered, went unpaid and was recorded, and the fine keeps accruing until compliance or judgment. That is carrying cost for the owner. A violation can be corrected or contested and a fine can be reduced (s. 162.06(2), s. 162.09(2)(c)), so treat a lien as a reason to call, not a prediction.

Lispend carries code-enforcement liens and code violations for some Florida counties as rows you can browse. Rows include the owner and mailing address. Paid plans can export to CSV, and skip tracing is bought separately as credits. See which counties are live on the coverage page.

Common questions