Maureen C. Donnelly v. Hillsborough County Code Enforcement Board
The Second District granted second-tier certiorari and quashed a circuit court opinion that had upheld a county code enforcement order treating a converted koi pond as a 'swimming pool.' The court held that the Board departed from the essential requirements of law by applying an ordinance without construing its definitional text, and that the ordinance's present-tense phrase 'is intended for swimming' turns on the owner's current intent, not the structure's original design. Critically, the court also held that the circuit court's deference to the Board's interpretation was 'unwarranted and unlawful' because article V, section 21 of the Florida Constitution abolished judicial deference to agency interpretations.
Key facts
- A homeowner converted the in-ground swimming pool in her backyard into a koi pond, and in early 2022 a Hillsborough County code enforcement officer cited the property for violating section 8-117(f) of the county Property Maintenance Code, which requires that 'every swimming pool shall be maintained and operated in a clean, safe and sanitary manner at all times.'
- Section 8-106 of the Code defines a 'swimming pool' as a residential structure 'that is intended for swimming or recreation bathing' and contains or may contain water over 24 inches deep.
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Holdings
- Article V, section 21 of the Florida Constitution prohibits a court from deferring to an administrative body's interpretation of a statute or rule it enforces; the pre-2019 line of common…
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Why it matters
This opinion is important for land use, code enforcement, and administrative practitioners across Florida. It squarely holds that article V, section 21's no-deference command reaches circuit courts reviewing local code… — full analysis with a trial
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