Direct answer
A special magistrate hearing is where a city or county presents a code enforcement case to a special magistrate, who has the same status as a code enforcement board under Florida Statutes Chapter 162. The local government presents the case, testimony is taken under oath and recorded, and both the code inspector and the property owner can testify. The magistrate then issues findings and an order, which can set a compliance date and say a fine may be imposed if the order is not followed.
Have questions about a specific property? Call (954) 616-5823.
Disclaimer
This article is general information about permitting and code-enforcement processes. It is not legal advice, not a substitute for advice from a Florida-licensed attorney, and not a guarantee of any result, timeline, or fee. Permit Busters, LLC is not a law firm and does not appear as your legal representative. Building and code rules vary by county and municipality and can change. Confirm current requirements, forms, and fees with the building or code office that has jurisdiction over the property, and consult a Florida attorney and, where construction work is required, a Florida-licensed contractor.
Este artículo es información general sobre procesos de permisos y cumplimiento del código. No es asesoramiento legal, no sustituye el consejo de un abogado con licencia en Florida y no garantiza un resultado, un plazo ni un costo. Permit Busters, LLC no es un bufete de abogados y no comparece como su representante legal. Las normas de construcción y de código varían según el condado y el municipio y pueden cambiar. Confirme los requisitos, formularios y tarifas vigentes con la oficina de construcción o de código que tenga jurisdicción sobre la propiedad, y consulte a un abogado de Florida y, cuando se requiera obra, a un contratista con licencia en Florida.
Why the case went to a hearing
Under Florida Statutes section 162.06(2), when a code inspector finds a violation, the inspector notifies the violator and gives a reasonable time to correct it, except for repeat violations and serious threats, which have their own rules. If the violation continues past that time, the inspector shall notify the enforcement board and request a hearing, and written notice of the hearing is delivered as section 162.12 provides.
The case may be presented even if the violation was corrected before the hearing, if it was not corrected by the deadline or was corrected and then recurred. The notice has to say so. If you fixed the problem late, bring proof anyway.
Under section 162.03(2), a county or city may use special magistrates instead of, or along with, a code enforcement board. Fort Lauderdale says its code cases are heard by a Special Magistrate who is appointed by the City Commission and is a licensed attorney and member of The Florida Bar. In unincorporated Palm Beach County, attorneys appointed by the Board of County Commissioners sit as Code Compliance Special Magistrates.
Miami-Dade County civil violation tickets work differently. The Clerk of the Court and Comptroller’s Code Enforcement Office schedules hearings before an appointed Hearing Officer, and the Clerk says a citation can be contested by requesting an appeal hearing within 20 days of the citation, though some deadlines may differ. That Clerk hearing is not the circuit court appeal under section 162.11 described below. Read your notice to see which process applies.
What happens in the room
Section 162.07 sets the basic rules:
- The government presents the case. Each case is presented by the local government’s attorney or by a member of its administrative staff.
- Testimony is under oath and recorded. The board or magistrate takes testimony from the code inspector and the alleged violator.
- Formal rules of evidence do not apply, but fundamental due process must be observed.
- The decision is written. At the end, the magistrate issues findings of fact, conclusions of law, and an order.
Under section 162.08, a board can subpoena witnesses and evidence, take testimony under oath, and issue orders with the force of law to bring a violation into compliance. Local practice varies. Fort Lauderdale, for example, says cases are heard in the order people sign in with administrative staff.
What the order can do
The order may set a date to comply and say a fine may be imposed if the order is not followed. Under section 162.09, fines can accrue for each day the violation continues past the compliance date, and a recorded certified copy of an order imposing a fine becomes a lien on the land where the violation exists and on other property the violator owns. Under section 162.07(2), if the local government prevails, it is entitled to recover its costs of prosecuting the case, and those costs may be included in the lien. Under section 162.07(4), a recorded order is notice to later buyers, and if the order is complied with on time, an order acknowledging compliance is recorded.
How to prepare
- Bring the notice, the case number, and photos of the current condition.
- Bring permit records: applications filed, permit numbers, inspection results, and contracts with licensed contractors.
- If an engineer or architect is involved, bring proof of that engagement. Signed and sealed plans must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.
- Ask the code office beforehand how to submit documents and whether the hearing is in person or remote.
County guides: How to Resolve a Code Violation in Broward County and How to Resolve a Code Violation in Palm Beach County. Service page: help resolving code violations.
After the hearing: compliance or appeal
If you comply by the date in the order, ask the code office to confirm compliance in writing. The hearing is not an appeal. Under section 162.11, an aggrieved party may appeal a final administrative order to the circuit court within 30 days of the execution of the order. That appeal reviews the hearing record; it is not a new hearing. Permit Busters, LLC does not file appeals; talk to a Florida attorney about one.
Get help before a code hearing
Permit Busters, LLC can help with document preparation, such as organizing permit records, inspection results, and photos, and with the permits needed to help resolve the violation. That is not attorney work, and Permit Busters, LLC does not appear or speak for you at the hearing. If you want legal advice or someone to represent you, hire a Florida attorney. Call (954) 616-5823, email info@permitbusters.com, or book an appointment. Hours are Monday through Friday, 9 AM to 5 PM. Permit Busters, LLC is based in Lauderhill, FL 33351.
Questions people ask
What is a special magistrate in a code case?
Under Florida Statutes section 162.03(2), a county or city may have special magistrates hold code hearings and assess fines, and a special magistrate has the same status as a code enforcement board under Chapter 162. In Fort Lauderdale and unincorporated Palm Beach County, for example, the special magistrates are attorneys appointed by the local governing body.
Can my case still go to a hearing if I already fixed the violation?
Yes, in some cases. Section 162.06(2) says that if a violation is not corrected by the time the code inspector set, or is corrected and then recurs, the case may be presented even if the violation was corrected before the hearing, and the notice must say so. Bring proof of the correction to the hearing.
What happens during the hearing?
Under section 162.07, the case is presented by the local government’s attorney or staff. Testimony is taken under oath and recorded, and the code inspector and the alleged violator both testify. Formal rules of evidence do not apply, but fundamental due process does. The magistrate then issues findings and an order.
Can Permit Busters speak for me at the hearing?
No. Permit Busters, LLC can help with document preparation, such as organizing permits, inspection records, and photos. That is not attorney work, and Permit Busters, LLC does not appear or speak for you at the hearing. If you want legal advice or someone to represent you, hire a Florida attorney.
How do I appeal a special magistrate’s order?
The hearing itself is not the appeal. Under section 162.11, an aggrieved party may appeal a final administrative order to the circuit court within 30 days of the execution of the order. That appeal reviews the hearing record; it is not a new hearing. Permit Busters, LLC does not file appeals; talk to a Florida attorney about one. This is general information, not legal advice.