The Florida Senate

633.052  Ordinances relating to firesafety; definitions; penalties.--

(1)  As used in this section:

(a)  A "firesafety inspector" is an individual certified by the Division of State Fire Marshal, officially assigned the duties of conducting firesafety inspections of buildings and facilities on a recurring or regular basis, investigating civil infractions relating to firesafety, and issuing citations pursuant to this section on behalf of the state or any county, municipality, or special district with firesafety responsibilities.

(b)  "Citation" means a written notice, issued only after a written warning has been previously issued and a minimum time period of 45 days, except for major structural changes, which may be corrected within an extended adequate period of time, from the date of the issuance of the warning whereby the party warned may correct the alleged violation, issued to a person by a firesafety inspector, that the firesafety inspector has probable cause to believe that the person has committed a civil infraction in violation of a duly enacted ordinance and that the county court will hear the charge. The citation shall contain:

1.  The date and time of issuance.

2.  The name and address of the person.

3.  The date and time the civil infraction was committed.

4.  The facts constituting probable cause.

5.  The ordinance violated.

6.  The name and authority of the officer.

7.  The procedure for the person to follow in order to pay the civil penalty or to contest the citation.

8.  The applicable civil penalty if the person elects to contest the citation.

9.  The applicable civil penalty if the person elects not to contest the citation.

10.  A conspicuous statement that if the person fails to pay the civil penalty within the time allowed or fails to appear in court to contest the citation, then she or he shall be deemed to have waived her or his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

(c)  "Ordinance" means any ordinance enacted by the governing body of a county or municipality that is a civil infraction relating to firesafety codes.

(2)  A county or municipality that has created a code enforcement board or special magistrate system pursuant to chapter 162 may enforce firesafety code violations as provided in chapter 162. The governing body of a county or municipality which has not created a code enforcement board or special magistrate system for firesafety under chapter 162 is authorized to enact ordinances relating to firesafety codes, which ordinances shall provide:

(a)  That a violation of such an ordinance is a civil infraction.

(b)  A maximum civil penalty not to exceed $500.

(c)  A civil penalty of less than the maximum civil penalty if the person who has committed the civil infraction does not contest the citation.

(d)  For the issuance of a citation by an officer who has probable cause to believe that a person has committed a violation of an ordinance relating to firesafety.

(e)  For the contesting of a citation in the county court.

(f)  Such procedures and provisions necessary to implement any ordinances enacted under the authority of this section.

(3)  Any person who willfully refuses to sign and accept a citation issued by a firesafety inspector shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083

(4)  Nothing contained in this section shall prevent any county or municipality from enacting any ordinance relating to firesafety codes which is identical to the provisions of this chapter or any state law, except as to penalty; however, no county or municipal ordinance relating to firesafety codes shall conflict with the provisions of this chapter or any other state law.

History.--s. 1, ch. 88-222; s. 156, ch. 91-224; s. 9, ch. 95-379; s. 422, ch. 97-102; s. 1394, ch. 2003-261; s. 95, ch. 2004-11.