WALMART STORES EAST, LP
v.
TOWN OF LAKE PARK
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Walmart appealed a code enforcement violation order issued by the Town of Lake Park, challenging the imposed fines as exceeding statutory maximums and as insufficiently supported by required legal findings. The appellate court found the Town exceeded its authority by imposing unauthorized daily fines and failed to properly consider statutory factors before imposing the irreparable/irreversible violation fine.
The court held that the Town erred by imposing an unauthorized daily fine of $5,000, which exceeds the statutory maximum, and that the record lacks evidence the Town considered the legally required factors (gravity of violation, corrective actions, and previous violations) before imposing the $5,000 irreparable/irreversible violation fine. The matter must be remanded for proper determination of the fine amount.
[1] A municipality may not impose daily fines for code violations that exceed the statutory maximums established by state law.
[2] When determining the amount of a fine for an irreparable or irreversible code violation, the enforcing authority must consider the gravity of the violation, corrective ac…
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Join FLexlaw to unlock all legal intelligence“In contravention to the applicable law, an unnumbered provision in the Order Finding Violation imposes a fine in the amount of $5,000 per day if Walmart fails to comply with the compliance dates. Based on the legally permissible maximums, the Court finds that the Town erred by including an unauthorized daily fine of $5,000, which must be reversed.”
Establishes that the magistrate exceeded statutory authority by imposing daily fines beyond the legal maximum.
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Join FLexlaw to unlock all legal intelligenceThe Town of Lake Park's code enforcement special magistrate issued an Order Finding Violation against Walmart Stores East, LP. The order imposed a $5,…
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4741 Military Trail, Suite 200
Jupiter, FL 33458
[email protected]; [email protected]
PER CURIAM. Pursuant to section 162.11, Florida Statutes, Walmart Stores East, LP, (“Walmart”) seeks review of the Order Finding Violation rendered by the code enforcement special magistrate for the Town of Lake Park (“Town”). Chapter 162, which allows fines to be imposed for code enforcement violations, authorizes up to $250 per day for a first violation, $500 per day for a repeat violation, and $5,000 per violation for an irreparable or irreversible violation. § 162.09(2)(a), Fla. 2 of 2
Stat. The Town has adopted the foregoing maximum amounts. Code of Ordinances, Lake Park, Fla. (“Code”), § 9-39(b).
In contravention to the applicable law, an unnumbered provision in the Order Finding Violation imposes a fine in the amount of $5,000 per day if Walmart fails to comply with the compliance dates. Based on the legally permissible maximums, the Court finds that the Town erred by including an unauthorized daily fine of $5,000, which must be reversed. The Order Finding Violation also imposes a $5,000 fine due to the irreparable and irreversible nature of the violation. When determining the amount of a fine, the Town must consider the following factors: the gravity of the violation, corrective actions taken by the violator, and any previous violations. § 162.09(2)(b), Fla. Stat.; Code, § 9-39(c).
The Court finds that the record lacks any indication that the Town considered the factors as required by law. This matter must therefore be remanded for an appropriate determination regarding the fine amount.
Additionally, the Order Finding Violation states that Walmart must comply with the first condition by January 18, 2023, and with the second condition by November 18, 2022. Upon remand, the Town shall correct the apparent scrivener’s error in the fourth condition that instead recites the dates of compliance as November 18, 2022, for the first condition and January 18, 2023, for the second condition.
Accordingly, the Order Finding Violation is REVERSED in part as to the fines and the matter is REMANDED for proceedings in accordance with this opinion. PARNOFIELLO, VOLKER, and COLLINS, JJ., concur.