Direct answer
Often, yes, but you have to ask, and you should ask before the deadline on the notice. Florida Statutes section 162.06(2) requires the code inspector to give a reasonable time to correct most violations. Whether you get more time is up to the office that issued the notice or, once a case has been heard, the special magistrate or board. Show what you have already done, such as a permit application, and keep in mind that fines set by an order can keep accruing until the property complies.
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.
Start with the deadline on your notice
Read the notice for three things: the compliance date, the office and contact person, and any instructions for requesting an extension or a hearing. Under section 162.06(2), the inspector gives a reasonable time to correct the violation; if it continues past that time, the inspector shall notify the enforcement board and request a hearing. Repeat violations and serious threats to health and safety follow separate rules in sections 162.06(3) and (4), and an inspector is not required to give time to correct a repeat violation.
Ask early, in writing, and keep a copy. A request made after the deadline is harder to grant and may arrive after the case has been sent to a hearing.
Miami-Dade County building violations
For Building Support cases in unincorporated Miami-Dade, such as work without a permit or an expired permit, the County’s sample Courtesy Notice of Violation says that, except for life-safety hazards, you may be granted on request an extension of time of up to 90 days to correct the violation, if the request is submitted before the notice expires and the enforcement costs incurred to date are paid in full. That is the County’s notice wording, not a statute, and an extension is not automatic, so read the wording on your own notice. The County takes these requests on its online NOV Extension Request page, which covers Building Code Compliance and Unsafe Structure cases.
Civil violation tickets in Miami-Dade are handled differently: the Clerk’s Code Enforcement Office schedules hearings before a Hearing Officer, and the Clerk says a citation can be contested by requesting an appeal hearing within 20 days, though some deadlines may differ; check the deadline on your citation.
If the property is in a city, such as Miami, Hialeah, or Doral, use that city’s code office and rules.
After a special magistrate has ruled
Once an order sets a compliance date, the request usually goes back to the special magistrate. The Town of Pembroke Park’s extension form, for example, says only the Special Magistrate can extend time for compliance, and that if the petition is not granted, the fine and lien stated in the final order apply. In unincorporated Palm Beach County, the County says cases not brought into compliance by the date on the Notice of Violation may be presented to a Special Magistrate, who sets a compliance deadline for the assessment of fines.
See What Happens at a Special Magistrate Code Hearing?.
What to include in a request
- The case number, property address, and the violation as written on the notice.
- What you have done so far: a permit application number, a signed contract with a licensed contractor, an engineer’s or architect’s engagement, or scheduled inspections.
- What is left and why it needs more time, in plain terms.
- Copies of permits, inspection results, and photos.
Under section 162.09(2)(b), actions taken by the violator to correct the violation are one of the factors a board considers when setting a fine. Showing real progress matters.
If the fix needs a permit for work already done, see How to Legalize Unpermitted Work in South Florida and our after-the-fact permit page. If signed and sealed plans are required, they must be prepared by a Florida-licensed engineer or architect. Permit Busters, LLC can help coordinate that step.
Fines may keep running
Under section 162.09(3), a fine imposed under Chapter 162 continues to accrue until the violator comes into compliance or until judgment is rendered in a suit filed under that section, whichever occurs first. Do not assume a pending request stops the clock. Ask the office in writing.
Get help asking for more time
Permit Busters, LLC can help gather permit records and prepare the paperwork for an extension request, and help with the permits needed to help resolve the violation. That is document preparation, not attorney work, and Permit Busters, LLC does not appear or speak for you at a hearing. The code office or special magistrate decides whether to grant more time. See help resolving code violations. 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
Can I get more time to fix a code violation?
Often you can ask. Florida Statutes section 162.06(2) requires the code inspector to give a reasonable time to correct most violations, and many local offices accept extension requests. Whether more time is granted is up to the office or the special magistrate. Ask before the deadline on your notice, not after.
How do extensions work for Miami-Dade County building violations?
For Building Support notices of violation in unincorporated Miami-Dade, the County’s sample notice says that, except for life-safety hazards, you may be granted an extension of up to 90 days if you ask before the notice expires and pay the enforcement costs incurred to date. The County takes requests through its online NOV Extension Request page. Check the wording on your own notice.
What if a special magistrate already set a compliance date?
Then the request usually has to go back to the special magistrate. The Town of Pembroke Park’s extension form, for example, says only the Special Magistrate can extend time for compliance, and that if the petition is not granted, the fine and lien in the final order apply. Check your city’s form and hearing rules.
What should I include in an extension request?
Show what you have done so far, such as a permit application number, a signed contract, an engineer’s engagement, or scheduled inspections. Under section 162.09(2)(b), actions taken to correct the violation are one of the factors a board considers when setting a fine. Keep copies of everything you submit.
Do fines stop while I wait for an answer?
Do not assume so. Under section 162.09(3), a fine imposed under Chapter 162 continues to accrue until the violator comes into compliance or a judgment is rendered in a suit filed under that section, whichever occurs first. Ask the office in writing how a pending request affects your case. This is general information, not legal advice.