In Florida, your city or county decides who hears code cases that go to a Chapter 162 hearing. Section 162.03, Florida Statutes, lets each local government use a citizen code enforcement board, a special magistrate, or both. A magistrate has the same status as a board, but one person decides instead of a panel of residents voting in public.
The City of Delray Beach has a code enforcement board of seven regular members, all Delray Beach residents, whose stated purpose is to “Adjudicate allegations of City code violations.” Out in unincorporated Palm Beach County, cases go to a special magistrate instead, because, as the county’s own page puts it, “In October, 1997, Palm Beach County changed from a multi-member Code Enforcement Board to a Special Magistrate process.” Same county, same state law, two different setups.
A special magistrate is a person designated by a Florida city or county government to hold code enforcement hearings and assess fines, under a system the local government adopts by ordinance, either in place of a citizen code enforcement board or alongside one.
Florida lets every city and county pick its own referee
The rulebook is section 162.03, Florida Statutes. It says each county or city “may, at its option, create or abolish by ordinance local government code enforcement boards”, and that a local government may adopt a system that gives “code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines.” The same section says “A special magistrate shall have the same status as an enforcement board under this chapter”, and that the chapter’s references to a board include a magistrate “if the context permits”, except in section 162.05.
Boards and magistrates are not the only route. Under section 162.21, a code officer may also issue a citation for a civil infraction that “the county court will hear”, so where a city or county uses that system, some cases go to court instead.
The carved-out section 162.05 says who sits on a board. A city or county with 5,000 or more people “must appoint seven-member code enforcement boards”, and smaller places may use five members. Members must live in the city or county they serve, they serve three-year terms after the first round of appointments, and they “serve without compensation.”
The statute also asks that each board, “whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor.” None of that applies to a magistrate. Palm Beach County’s page, for one, says “Seven attorneys” were appointed to sit as its code enforcement special magistrate.
| Code enforcement board | Special magistrate | |
|---|---|---|
| Who decides | Seven local residents (five allowed under 5,000 population), per s. 162.05 | A person designated by the city or county government, per s. 162.03 |
| How the decision is made | By motion and majority vote; at least four members of a seven-member board must vote, per s. 162.07 | One person decides; no public vote, per AGO 2017-01 |
| Hearings open to the public | Yes, per s. 162.07 | Same status as a board, per s. 162.03 |
| Powers | Subpoenas, testimony under oath, orders with the force of law, per s. 162.08 | Same status as a board, per s. 162.03 |
| Daily fine caps for ordinary violations | $250 per day for a first violation, $500 per day for a repeat, unless a local ordinance raises them as s. 162.09 allows | Same as a board |
| Appeal | An aggrieved party may appeal to circuit court within 30 days of the execution of the order, per s. 162.11 | Same status as a board, per s. 162.03 |
The room runs on the same script either way
Nobody on a board or behind a magistrate’s desk starts a case. Section 162.06 makes it “the duty of the code inspector to initiate enforcement proceedings”, and adds that “no member of a board shall have the power to initiate such enforcement proceedings.” In the usual case, the inspector notifies the violator and gives “a reasonable time to correct the violation”, and if the violation continues past that time, the inspector “shall notify an enforcement board and request a hearing.”
Repeat violations and serious threats can move to a hearing faster under the same section. The walk-through of what happens after a code complaint is filed covers those earlier stages.
The hearing itself follows section 162.07. The local government’s attorney or a staff member presents each case, and the board takes testimony from “the code inspector and alleged violator.” All testimony is under oath and recorded, and “Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.”
At the end, the board issues findings of fact and an order, which may set a date to comply and warn that a fine may follow. A certified copy of that order “may be recorded in the public records of the county”, which, when the violation concerns real property, is how a code case ends up attached to a property, as the guide to code liens explains.
Fines depend on local choices too. Section 162.09 sets daily caps of $250 for a first violation and $500 for a repeat violation, and a board that finds a violation “irreparable or irreversible in nature” may impose a fine of up to $5,000 per violation. A city or county with 50,000 or more people may raise those limits by ordinance, adopted “by a vote of at least a majority plus one of the entire governing body”, to as much as $1,000 per day for a first violation, $5,000 per day for a repeat and $15,000 per irreparable violation. Palm Beach County lists the higher daily limits for its magistrate, so check your own city’s code. If you have a question about a specific case, such as a fine or an appeal, talk to a licensed Florida attorney.
One referee or a panel changes what you get to watch
The real difference is visibility. A 2017 opinion from the Florida Attorney General’s office (AGO 2017-01) explains that a board, as a group, must “deliberate, and vote to adopt the course of action it will follow” in public, while a special magistrate takes no such public vote. With a board, you hear members argue the case. With a magistrate, there is no debate, though the same opinion says section 162.07 “contemplates that the outcomes of such code enforcement hearings will be presented at a public hearing conducted by the special magistrate.”
Watching is also different from speaking. The opinion concluded that the state’s public-comment law, section 286.0114, “does not require that members of the public be given a reasonable opportunity to be heard at quasi-judicial code enforcement hearings held by a special magistrate pursuant to authority delegated from the county code enforcement board.” It rests on an exception for quasi-judicial meetings and notes that “the powers given to code enforcement boards by Chapter 162, Florida Statutes, are quasi-judicial”, so do not assume a public-comment period at either kind of hearing. An attorney general opinion is not a court ruling, and a board may adopt rules for its hearings under section 162.08, so ask the clerk what your city allows.
Here is how to find your hearing and sit in on it:
- Find out which body hears your city’s cases. Search the city’s site for “code enforcement board” or “special magistrate”, or ask the city clerk. If the address is outside city limits, check the county’s site instead.
- Get the schedule and agenda. Delray Beach’s board meets on “the 2nd Thursday of each month at 1:30 p.m.” In Broward County, the City of Parkland holds special magistrate hearings at “9:00 a.m. Last Wednesday of each month” and keeps its docket and minutes with the City Clerk.
- Bring your case number if you have one. The case status guide shows where to find it.
- Get the order afterward. The board or magistrate issues findings and an order under section 162.07, which also says “Minutes shall be kept of all hearings”, so ask the clerk for the minutes along with the order.
A code case that reaches a decision ends with an order. Learn whose name goes on it.
Where SNITCH fits in
SNITCH is a Florida administrative filing service that prepares and submits municipal code-enforcement complaints for its clients. You send the property address, photos and a short description of the violation, and SNITCH identifies the ordinance and files with the city or county office that has jurisdiction over the address. Clients get a confirmation number and can quote it to go@joesnitch.com when they ask about a filing.
SNITCH files under its own name and business address as the complainant of record, and your name and contact information do not appear on the complaint it submits. The complaint states that SNITCH filed it on behalf of a client. That reduces your exposure; it doesn’t erase it. How much protection you get depends on the municipality and on Florida’s public-records law, and records a local government keeps that link you to the report can still be disclosable. SNITCH complies with court orders and subpoenas, which can include disclosing the client’s name, and a property owner can sometimes work out who filed a single, specific complaint.
Some jurisdictions do not accept a complaint filed by an agent, and SNITCH does not file there. SNITCH declines submissions that appear to come from personal disputes, legal feuds, retaliation or harassment, and you are responsible for the truthfulness of what you send. SNITCH does not investigate violations, decide outcomes or promise that an agency will act, and it is not a law firm. The SB 60 page and the rights page explain what Florida’s complaint and public-records rules mean for the person who reports. You can file a code complaint through SNITCH.
FAQ
Can I speak at a code enforcement hearing in Florida?
Anyone can attend, and the alleged violator testifies, but members of the public should not count on a comment period. Section 162.07, Florida Statutes, makes the hearings open to the public and has the board take testimony from the code inspector and the alleged violator. A 2017 Florida Attorney General opinion, AGO 2017-01, concluded that the state’s public-comment law does not require a chance for the public to be heard at a special magistrate’s quasi-judicial code hearing, and its reasoning rests on an exception that covers quasi-judicial board meetings too, so ask the clerk about your city’s rules.
How much can a code enforcement board fine in Florida?
For ordinary violations, the daily fine is capped at $250 for a first violation and $500 for a repeat violation under section 162.09, Florida Statutes, and a fine may also include the costs of repairs. For an irreparable or irreversible violation, the cap is $5,000 per violation. A city or county with 50,000 or more people may adopt an ordinance raising those limits to $1,000 and $5,000 per day and $15,000 per irreparable violation, plus fines to cover its enforcement costs.
Do I have to give my name to report a code violation in Florida?
For most complaints, yes. Sections 162.06 and 162.21, Florida Statutes, say a person who reports a potential violation “must provide his or her name and address to the respective local government” before the case can go forward, unless the officer has reason to believe the violation presents an imminent threat to public health, safety or welfare, or imminent destruction of habitat or sensitive resources. Filing through SNITCH keeps your name off the complaint, which reduces your exposure but does not erase it, as the SB 60 page explains.
Sources
- Section 162.03, Florida Statutes: Applicability (The Florida Senate)
- Section 162.05, Florida Statutes: Local government code enforcement boards; organization (The Florida Senate)
- Section 162.06, Florida Statutes: Enforcement procedure (The Florida Senate)
- Section 162.07, Florida Statutes: Conduct of hearing (The Florida Senate)
- Section 162.08, Florida Statutes: Powers of enforcement boards (The Florida Senate)
- Section 162.09, Florida Statutes: Administrative fines; costs of repair; liens (The Florida Senate)
- Section 162.11, Florida Statutes: Appeals (The Florida Senate)
- Section 162.21, Florida Statutes: Enforcement of county or municipal codes or ordinances; penalties (The Florida Senate)
- AGO 2017-01: Special Magistrate Code Enforcement Hearings (Florida Office of the Attorney General)
- Special Magistrate (Palm Beach County Planning, Zoning and Building)
- Code Enforcement Board (City of Delray Beach)
- Special Magistrate Hearings (City of Parkland)
All sources retrieved November 2, 2026. This article is general information, not legal advice. Local procedures and fines change, so confirm details with your city or county.
About SNITCH
By Chaz Stevens, investigative journalist and founder of JoeSnitch.
SNITCH is a Florida administrative filing service operated by The Z Production Group, Inc. We prepare code-enforcement complaints and file them with Florida city and county agencies under our own name as the complainant of record, so your name and contact information are not on the complaint we submit. That reduces your exposure but does not erase it, and we do not decide what an agency does with a complaint. SNITCH is not a law firm and does not give legal advice. Questions: go@joesnitch.com.
