[FL] Can I self-represent in a code enforcement proceeding?

Lexi, Chatbot

I understand that navigating the complexities of municipal court cases can be quite challenging. Have you already filed any motions or documents related to your case?

Lexi, Chatbot

Are there specific aspects of the county ordinance or the judge’s ruling that you believe are particularly problematic?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your municipal court case.

Angelo M

Greetings! I hope this message finds you well. My name is Angelo, and I'm an experienced and licensed attorney with over 41 years of practice in the field of law. I'm thrilled to have the opportunity to assist you with your situation and provide you with the support you need. Please know that I may be assisting other clients simultaneously, but I assure you that I will give your case the attention it deserves as soon as possible.

Please do NOT request a second opinion. I WILL respond. Thank you for your patience, and I look forward to working with you.

Angelo M

You’re in Miami-Dade County dealing with what they’re calling a municipal or code enforcement type proceeding, and you’ve noticed something that has troubled lawyers in Florida for decades. Back in the 1970s, the Florida Supreme Court indeed struck down the old mayor’s courts and other quasi-judicial local courts, folding them into the circuit and county court system when Article V of the state constitution was re-written. That’s why today you don’t see “mayor’s courts” in Florida the way you do in some other states like Louisiana or Ohio.

What you do see are administrative hearings for code enforcement, which are set up under Chapter 162 of the Florida Statutes. These hearings are conducted by “special magistrates” or code enforcement boards, and they are explicitly allowed by statute, but they are not “courts” in the sense of the judicial branch.

The ordinance language you mention, where Miami-Dade purports to say the hearings are not bound by “common law” or “general law,” is their way of saying the board or hearing officer is applying the county code, not handling general criminal or civil jurisdiction. But of course, the Florida Constitution and state statutes still trump local ordinances. Any ordinance that truly said “we don’t follow the constitution or statutes” would not survive a serious challenge.

The case law in Florida makes clear that administrative boards must stay within the authority given them by the legislature, and any ruling they make is subject to appeal or certiorari review in county court. That is your safety valve: even if the local board claims it doesn’t apply constitutional principles, the circuit or county court certainly does, and you can raise those issues on appeal.

Now, on the practical question you raised about “your chances.” If you go in pro se and argue that the entire code enforcement scheme is unconstitutional, most hearing officers will not entertain it — they will say you have to raise constitutional issues on appeal, not at the hearing. That’s probably why the judge in your matter told you to retain an attorney. It is not necessarily a sign that you’ve lost, but rather that you’re raising issues that require formal briefing and appellate-style argument.

A lawyer admitted in Florida, especially one with experience in administrative law or municipal law, will be better positioned to frame the constitutional challenge in a way that gives you a real shot.

As for referrals, I can’t hand you a specific name in this format, but in South Florida your best starting point is the Dade County Bar Association’s Lawyer Referral Service (www.miamidadebar.org). They can connect you with attorneys who take municipal and administrative cases. You might also reach out to the Florida Association of Code Enforcement directory to find lawyers who practice in this space. In addition, appellate attorneys in Miami, such as those who handle cert petitions from administrative boards, are the kind of lawyers who would take on the constitutional angle.

If cost is a barrier, you may want to contact Legal Aid Society of Miami-Dade, which sometimes has a municipal defense unit, or the University of Miami School of Law clinic, where advanced students under supervision sometimes handle code enforcement and housing-related matters.

In short, your instinct is right that the ordinance language looks overreaching, but the framework is set by state law and will ultimately be reviewed in the courts of record, not at the code enforcement hearing. Your chances depend greatly on whether you pursue it as a direct appeal from an adverse order and whether you have experienced counsel.

If you continue pro se, I’d urge you to focus on building a clean record, making timely objections, and filing any notices of appeal within the short statutory deadlines.

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

Angelo M

I don't have a direct contact number for the University of Miami School of Law clinic at hand, but you can usually find their contact information on the university's official website under the law school's clinical programs section. They often have a directory or contact page where you can get in touch with the right department.

Angelo M

Thank you so much for your questions. Thank you so much for giving me the opportunity to assist you, and please don't hesitate to reach out if you have any further questions or concerns.