City of Miami Beach v. Nichols
Miami Beach's short-term rental ordinance imposed escalating administrative fines of $20,000 to $100,000 per violation, far above the caps in Chapter 162, Florida Statutes. The Third District affirmed a temporary injunction, holding that a municipality that adopts an 'alternate code enforcement system' under section 162.03(2) remains bound by the fine caps in section 162.09(2), and that section 162.13 permits only alternative enforcement avenues (civil or criminal court actions, interlocal agreements), not enhanced administrative fines.
Key facts
- City of Miami Beach adopted a short-term rental ordinance imposing escalating administrative fines of $20,000 to $100,000 per violation, which exceeded the fine caps in Chapter 162, Florida Statutes.
- A property owner challenged the ordinance and obtained a temporary injunction in the trial court; the Third District Court of Appeal affirmed.
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Why it matters
This decision squarely limits Florida municipalities' ability to use 'alternate code enforcement systems' to escape Chapter 162's statutory fine caps — a point of recurring dispute for property owners facing massive… — full analysis with a trial
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