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91 ORDINANCE NO. _____ _ 2 3 An Ordinance creating Section 2-4.9 in Chapter 2, Article I, of the City of 4 South Miami's Code of Ordinances establishiug an alternative enforcement 5 procedures for ordinances and statutes pursuant to Chapter 162, Florida 6 Statutes. 7 8 WHEREAS, the City of South Miami has been vested with home rule power to enact 9 ordinances that do not conflict with state law; and 10 11 WHEREAS, the City of South Miami ("City") has previously enacted Section 2-24 and 12 2-25 pursuant to Chapter 162, Florida Statutes, which is a procedure primarily designed to 13 adjudicate violations of the City's building and zoning ordinances; and 14 15 WHEREAS, Chapter 162, Florida Statutes, provides an alternative code enforcement 16 procedure to that provided for a Code Enforcement Board or a Special Master procedures and 17 which authorizes imprisonment for violations of certain City ordinances; and 18 19 WHEREAS, this proposed ordinance will also provide the City's police department with 20 an alternative procedure for enforcement of civil citations issued in lieu of arrest for certain 21 misdemeanors and it will create an additional mechanism under the City's Code to enforce these 22 and other violations. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. Chapter 2, Article I, of the City of South Miami's Code of Ordinances, is 28 hereby amended to create a new Section 2-4.9 which shall read as follows: 29 30 31 Section 2-4.9 CODE ENFORCEMENT 32 (1) Intent: The intent of this Section is to provide an alternative to the Special Master code 33 enforcement process set forth in Section 2-24 and 2-25 and for the enforcement of codes 34 and ordinances of the City and all ordinances of Miami-Dade County and statutes of the 35 state that the City is authorized to enforce, unless an alternative enforcement method is 36 designated by an ordinance. 37 (2) Definitions: 38 a. As used in this Section, "code enforcement officer" means any designated 39 employee or agent of the City whose duty it is to enforce codes and ordinances 40 enacted by the county or municipality including law enforcement officers. 41 (3) Code Enforcement Officer: The City may designate certain of its employees or agents as 42 code enforcement officers. The training and qualifications of the employees or agents for 43 such designation shall be determined by the City. Employees or agents who may be 44 designated as code enforcement officers may include. but are not limited to code 45 inspectors. Designation as a code enforcement officer does not provide the code 46 enforcement officer with the power of arrest or subject the code enforcement officer to Page 1 of7 1 the provisions of ss. 943.085-943.255 unless the code enforcement officer is also a law 2 enforcement officer. Nothing in this Section amends, alters, or contravenes the provisions 3 of any state-administered retirement system or any state-supported retirement system 4 established by general law. 5 (4) Issuance of Citations. 6 a. Code enforcement officer are authorized to issue a citation to a person when, 7 based upon personal investigation, the officer has reasonable cause to believe that 8 the person has committed a civil infraction in violation of a duly enacted code or 9 ordinance and that the county court will hear the charge. lOb. Prior to issuing a citation, The code enforcement officer shall provide notice to 11 the person that the person has committed a violation of a code or ordinance and 12 shall establish a reasonable time period within which the person must correct the 13 violation if the violation is correctable. Such time period shall be no more than 30 14 days. If, upon personal investigation, a code enforcement officer finds that the 15 person has not corrected the correctable violation within the time period, the code 16 enforcement officer may issue a citation to the person who has committed the 17 violation. A code enforcement officer does not have to provide the person with a 18 reasonable time period to correct the violation prior to issuing a citation and may 19 immediately issue a citation if a repeat violation is found or if the code 20 enforcement officer has reason to believe that the violation presents a serious 21 threat to the public health, safety, or welfare, or if the violation is irreparable or 22 irreversible. 23 c. A citation issued by a code enforcement officer shall contain the following 24 information: 25 1. The date and time of issuance. 26 11. The name and address of the person to whom the citation is issued. 27 111. The date and time the civil infraction was committed. 28 IV. The facts constituting reasonable cause. 29 v. The number or section of the code or ordinance violated. 30 v!. The name and authority of the code enforcement officer. 31 V11. The procedure for the person to follow in order to pay the civil penalty or 32 to contest the citation. 33 Vlll. The applicable civil penalty if the person elects to contest the citation. 34 IX. The applicable civil penalty if the person elects not to contest the citation. 35 x. A conspicuous statement that if the person fails to pay the civil penalty 36 within the time allowed, or fails to appear in court to contest the citation, 37 the person shall be deemed to have waived his or her right to contest the 38 citation and that, in such case, judgment may be entered against the person 39 for an amount up to the maximum civil penalty. 40 (5) Enforcement: 41 a. After issuing a citation to an alleged violator, if the violator fails to pay the fine 42 within ten (10) days of issuance, and the code enforcement officer intends to seek 43 court enforcement, the officer shall deposit the original citation and one copy of 44 the citation with the county court. 45 b. The enforcement of the City Ordinances may include, but shall not be limited to, 46 the issuance of a citation, a summons, or a notice to appear in county court or Page 2 of7 1 arrest for violation of municipal ordinances as provided for in chapter 901. Unless 2 otherwise specifically authorized and provided for by law, a person convicted of 3 violating a City ordinance may be sentenced to pay a fine, not to exceed $500, 4 and may be sentenced to a definite term of imprisonment, not to exceed 60 days. 5 c. The code enforcement officer may issue a notice to appear at any hearing 6 conducted by a county court if the officer, based upon personal investigation, has 7 reasonable cause to believe that the person has violated a code or ordinance. A 8 notice to appear means a written order issued by a code enforcement officer in 9 lieu of physical arrest requiring a person accused of violating the law to appear in lO a designated court or governmental office at a specified date and time. Prior to 11 issuing a notice to appear, a code enforcement officer shall provide written notice 12 to the person that the person has committed a violation of a code or ordinance and 13 shall establish a reasonable time period within which the person must correct the 14 violation if it is correctable. Such time period shall be no fewer than 5 days and 15 no more than 30 days. If, upon personal investigation, a code enforceinent officer 16 finds that the person has not corrected the violation within the prescribed time 17 period, the officer may issue a notice to appear to the person who has committed 18 the violation. The code enforcement officer is not required to provide the person 19 with a reasonable time period to correct the violation prior to issuing a notice to 20 appear and may immediately issue a notice to appear if a repeat violation is found, 21 or if the code enforcement officer has reason to believe that the violation presents 22 a serious threat to the public health, safety, or welfare or that the violator is 23 engaged in violations of an itinerant or transient nature, as defined by the City's 24 code or ordinance, or if the violation is irreparable or irreversible. 25 26 (6) Any person who willfully refuses to sign and accept a citation issued by a code 27 enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as 28 provided in s. 775.082 or s. 775.083. 29 30 (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 31 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied 32 to construction, provided that a building permit is either not required or has been issued 33 by the county or the municipality. 34 35 (8) The provisions of this Section are additional and supplemental means of enforcing 36 the City's codes and ordinances and may be used for the enforcement of any code or 37 ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this 38 Section shall prohibit the City from enforcing its codes or ordinances by any other means. 39 40 41 Section 2. Codification. The significant provisions of this ordinance shall become and 42 be made part of the Code of Ordinances of the City of South Miami as amended; that the sections 43 of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the 44 word "ordinance" may be changed to "section" or other appropriate word. 45 Page 3 of7 1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is 2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 3 shall not affect the validity of the remaining portions of this ordinance. 4 5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 6 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 7 8 Section 5. Effective Date. This ordinance shall become effective upon enactment. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ENACTED this __ day of _____ , 2015. ATTEST: CITY CLERK 1st Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 4 on APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: 1 162.21 Enforcement of county or municipal codes or ordinances; penalties.- 2 (1) As used in this section, "code enforcement officer" means any designated employee or 3 agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the 4 county or municipality. 5 (2) A county or a municipality may designate certain of its employees or agents as code 6 enforcement officers. The training and qualifications of the employees or agents for such 7 designation shall be determined by the county or the municipality. Employees or agents who 8 may be designated as code enforcement officers may include, but are not limited to, code 9 inspectors, law enforcement officers, animal control officers, or fire safety inspectors. 10 Designation as a code enforcement officer does not provide the code enforcement officer with 11 the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085- 12 943.255. Nothing in this section amends, alters, or contravenes the provisions of any state- 13 administered retirement system or any state-supported retirement system established by general 14 law. 15 (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon 16 personal investigation, the officer has reasonable cause to believe that the person has committed 17 a civil infraction in violation of a duly enacted code or ordinance and that the county court will 18 hear the charge. 19 (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that 20 the person has committed a violation of a code or ordinance and shall establish a reasonable time 21 period within which the person must correct the violation. Such time period shall be no more 22 than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has 23 not corrected the violation within the time period, a code enforcement officer may issue a 24 citation to the person who has committed the violation. A code enforcement officer does not 25 have to provide the person with a reasonable time period to correct the violation prior to issuing 26 a citation and may immediately issue a citation if a repeat violation is found or if the code 27 enforcement officer has reason to believe that the violation presents a serious threat to the public 28 health, safety, or welfare, or if the violation is irreparable or irreversible. 29 (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county 30 or the municipality and shall contain: 31 1. The date and time of issuance. 32 2. The name and address of the person to whom the citation is issued. 33 3. The date and time the civil infraction was committed. 34 4. The facts constituting reasonable cause. 35 5. The number or section of the code or ordinance violated. 36 6. The name and authority of the code enforcement officer. 37 7. The procedure for the person to follow in order to pay the civil penalty or to contest the 38 citation. 39 8. The applicable civil penalty if the person elects to contest the citation. 40 9. The applicable civil penalty if the person elects not to contest the citation. 41 10. A conspicuous statement that if the person fails to pay the civil penalty within the time 42 allowed, or fails to appear in court to contest the citation, the person shall be deemed to have 43 waived his or her right to contest the citation and that, in such case, judgment may be entered 44 against the person for an amount up to the maximum civil penalty. 45 (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the 46 original citation and one copy of the citation with the county court. Page 5 of7 1 (5) A county or a municipality is authorized to enforce codes and ordinances under the 2 provisions of this section and may enact an ordinance establishing procedures for the 3 implementation of such provisions, including a schedule of violations and penalties to be 4 assessed by code enforcement officers. If a county or municipality chooses to enforce codes or 5 ordinances under the provisions of this section, each code or ordinance or the ordinance enacted 6 by the county or municipality establishing procedures for implementation of this section shall 7 provide: 8 (a) That a violation of a code or an ordinance is a civil infraction. 9 (b) A maximum civil penalty not to exceed $500. 10 (c) A civil penalty ofless than the maximum civil penalty if the person who has committed the 11 civil infraction does not contest the citation. 12 (d) For the issuance of a citation by a code enforcement officer who has reasonable cause to 13 believe that a person has committed an act in violation of a code or an ordinance. 14 (e) For the contesting of a citation in county court. 15 (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or 16 an ordinance under the provisions of this section. 17 (6) Any person who willfully refuses to sign and accept a citation issued by a code 18 enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as 19 provided in s. 775.082 or s. 775.083. 20 (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 21 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, 22 provided that a building permit is either not required or has been issued by the county or the 23 municipality. 24 (8) The provisions of this section are additional and supplemental means of enforcing county 25 or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, 26 or for the enforcement of all codes and ordinances. Nothing contained in this section shall 27 prohibit a county or municipality from enforcing its codes or ordinances by any other means. 28 History.-s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98- 29 287; s. 115, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372. 30 31 162.22 Designation of enforcement methods and penalties for violation of municipal 32 ordinances.-The governing body of a municipality may designate the enforcement methods and 33 penalties to be imposed for the violation of ordinances adopted by the municipality. These 34 enforcement methods may include, but are not limited to, the issuance of a citation, a summons, 35 or a notice to appear in county court or arrest for violation of municipal ordinances as provided 36 for in chapter 901. Unless otherwise specifically authorized and provided for by law, a person 37 convicted of violating a municipal ordinance may be sentenced to pay a fme, not to exceed $500, 38 and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal 39 detention facility or other facility as authorized by law. 40 History.-s. 1, ch. 94-255. 41 42 162.23 Notice to appear.- 43 (1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) 44 and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, 45 based upon personal investigation, has reasonable cause to believe that the person has violated a 46 code or ordinance. A notice to appear means a written order issued by a code enforcement officer Page 6 of7 1 in lieu of physical arrest requiring a person accused of violating the law to appear in a designated 2 court or governmental office at a specified date and time. If a person issued a notice to appear 3 under this section refuses to sign such notice, the code enforcement officer has no authority to 4 arrest such person. 5 (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice 6 to the person that the person has committed a violation of a code or ordinance and shall establish 7 a reasonable time period within which the person must correct the violation. Such time period 8 shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code 9 enforcement officer finds that the person has not corrected the violation within the prescribed 10 time period, a code enforcement officer may issue a notice to appear to the person who has 11 committed the violation. A code enforcement officer is not required to provide the person with a 12 reasonable time period to correct the violation prior to issuing a notice to appear and may 13 immediately issue a notice to appear if a repeat violation is found, or if the code enforcement 14 officer has reason to believe that the violation presents a serious threat to the public health, 15 safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, 16 as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or 17 irreversible. 18 History.-s. 1, ch. 96-385; s. 7, ch. 99-360. 19 162.30 Civil actions to enforce county and municipal ordinances.-In addition to other 20 provisions of law authorizing the enforcement of county and municipal codes and ordinances, a 21 county or municipality may enforce any violation of a county or municipal code or ordinance by 22 filing a civil action in the same marmer as instituting a civil action. The action shall be brought in 23 county or circuit court, whichever is appropriate depending upon the relief sought. Counties and 24 municipalities are authorized and required to pay any counsel appointed by the court to represent 25 a private party in such action if the provision of counsel at public expense is required by the 26 Constitution of the United States or the Constitution of the State of Florida and if the party is 27 indigent as established pursuant to s. 27.52. The county or municipality shall bear all court fees 28 and costs of any such action, and may, if it prevails, recover the court fees and costs and expense 29 of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions 30 brought under this section except those that it would bear in an ordinary civil action between 31 private parties in county court. 32 History.-s. 87, ch. 2003-402. Page 7 on PART I LOCAL GOVERNMENT CODE ENFORCEMENT BOARDS 162.01 Short title. 162.02 Intent. 162.03 Applicability. 162.04 Definitions. 162.05 Local government code enforcement boards; organization. 162.06 Enforcement procedure. 162.07 Conduct of hearing. 162.08 Powers of enforcement boards. 162.09 Administrative fines; costs of repair; liens. 162.10 Duration of lien. 162.11 Appeals. 162.12 Notices. 162.125 Actions for money judgments under this chapter; limitation. 162.13 Provisions of act supplemental. 162.01 Short title.-Sections 162.01-162.13 may be cited as the "Local Government Code Enforcement Boards Act." History.-s. 1, ch. 80-300; s. 72, ch. 81-259; s. 1, ch. 82-37. Note.-Former s. 166.051. 162.02 Intent.-It is the intent of this part to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist. History.-s. 1, ch. 80-300; s. 2, ch. 82-37; s. 1, ch. 85-150; s. 1, ch. 86-201; s. 1, ch. 89- 268. Note.-Former s. 166.052. 162.03 Applicability.- (1) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided herein. (2) A charter county, a noncharter county, or a municipality may, by ordinance, adopt an alternate code enforcement system that gives code enforcement boards or special magistrates designated by the local governing body, or both, the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances. A special magistrate shall have the same status as an enforcement board under this chapter. References in this chapter to an enforcement board, except in s. 162.05, shall include a special magistrate if the context permits. History.-ss. 1, 2, ch. 80-300; s. 3, ch. 82-37; s. 2, ch. 86-201; s. 1, ch. 87-129; s. 2, ch. 89-268; s. 2, ch. 99-360; s. 63, ch. 2004-11. Note.-Former s. 166.053. 162.04 Definitions.-As used in ss. 162.01-162.13, the term: (1) "Local governing body" means the governing body of the county or municipality, however designated. (2) "Code inspector" means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance. (3) "Local governing body attorney" means the legal counselor for the county or municipality. (4) "Enforcement board" means a local government code enforcement board. (5) "Repeat violation" mean"s a violation of a provision of a code or ordinance by a person who has been previously found through a code enforcement board or any other quasi- judicial or judicial process, to have violated or who has admitted violating the same provision within 5 years prior to the violation, notwithstanding the violations occur at different locations. History.-s. 1, ch. 80-300; s. 4, ch. 82-37; s. 10, ch. 83-216; s. 3, ch. 86-201; s. 3, ch. 89- 268; s. 3, ch. 99-360; s. 22, ch. 2001-60. Note.-Former s. 166.054. 162.05 Local government code enforcement boards; organization.- (1) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body of a county or a municipality that has a population of less than 5,000 persons may appoint five-member or seven- member code enforcement boards. The local governing body of a county or a municipality that has a population equal to or greater than 5,000 persons must appoint seven-member code enforcement boards. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members. (2) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. Appointments shall be made in accordance with applicable law and ordinances on the basis of experience or interest in the subject matter jurisdiction of the respective code enforcement board, in the sole discretion of the local governing body. The membership of each enforcement board shall, whenever possible, include an architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. (3)(a) The initial appointments to a seven-member code enforcement board shall be as follows: 1. Two .members appointed for a term of 1 year each. 2. Three members apPointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. (b) The initial appointments to a five-member code enforcement board shall be as follows: 1. One member appointed for a term of 1 year. 2. Two members appointed for a term of 2 years each. 3. Two members appointed for a term of 3 years each. Thereafter, any appointment shall be made for a term of 3 years. (c) The local governing body of a county or a municipality that has a population of less than 5,000 persons may reduce a seven-member code enforcement board to five members upon the simultaneous expiration of the terms of office of two members of the board. (d) A member may be reappointed upon approval of the local governing body. (e) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chair, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy. (f) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. (4) The members of an enforcement board shall elect a chair, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, and the presence of three or more members shall constitute a quorum of any five-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as are otherwise provided by law. (5) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities. History.-s. 1, ch. 80-300; s. 5, ch. 82-37; s. 4, ch. 86-201; s. 2, ch. 87-129; s. 4, ch. 89- 268; s. 1, ch. 94-291; s. 1441, ch. 95-147. Note.-Former s. 166.055. 162.06 Enforcement procedure.- (1) It shall be the duty of the code inspector to initiate enforcement proceedings ofthe various codes; however, no member of a board shall have the power to initiate such enforcement proceedings. (2) Except as provided in subsections (3) and (4), if a violation of the codes is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing, and written notice of such hearing shall be hand delivered or mailed as provided in s. 162.12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in s. 162.12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state. (3) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board, through its clerical staff, shall schedule a hearing and shall provide notice pursuant to s. 162.12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state. If the repeat violation has been corrected, the code enforcement board retains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay said costs as determined by the code enforcement board. (4) If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing. (5) If the owner of property that is subject to an enforcement proceeding before an enforcement board, special magistrate, or court transfers ownership of such property between the time the initial pleading was served and the time of the hearing, such owner shall : (a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee. (b) Deliver to the prospective transferee a copy of the pleadings, notices, and other materials relating to the code enforcement proceeding received by the transferor. (c) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding. (d) File a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within 5 days after the date of the transfer. A failure to make the disclosures described in paragraphs (a), (b), and (c) before the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the proceeding shall not be dismissed, but the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. History.-s. 1, ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94- 291; s. 1442, ch. 95-147; s. 2, ch. 96-385; s. 4, ch. 99-360; s. 64, ch. 2004-11. Note.-Former s. 166.056. 162.07 Conduct of hearing.- (1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of a seven-member enforcement board or signed by at least two members of a five-member enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body shall provide clerical and administrative personnel as may be reasonably required by each enforcement board for the proper performance of its duties. (2) Each case before an enforcement board shall be presented by the local governing body attorney or by a member of the administrative staff of the local governing body. If the local governing body prevails in prosecuting a case before the enforcement board, it shall be entitled to recover all costs incurred in prosecuting the case before the board and such costs may be included in the lien authorized under s. 162.09(3). (3) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (4) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted herein. The finding shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed and, under the conditions specified in s. 162.09(1), the cost of repairs may be included along with the fine if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance. History.-s. 1, ch. 80-300; s. 6, ch. 82-37; s. 44, ch. 83-217; s. 6, ch. 86-201; s. 6, ch. 89- 268; s. 3, ch. 94-291; s. 1443, ch. 95-147; s. 2, ch. 95-297. Note.-Former s. 166.057. i62.08 Powers of enforcement boards.-Each enforcement board shall have the power to: (1) Adopt rules for the conduct of its hearings. (2) Subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county or police department of the municipality. p) Subpoena evidence to its hearings. (4) Take testimony under oath. (5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. History.-s. 1, ch. 80-300; s. 7, ch. 82-37; s. 7, ch. 86-201; s. 7, ch. 89-268. Note.-Former s. 166.058. 162.09 Administrative fines; costs of repair; liens.- (1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time or upon finding that a repeat violation has been committed, may order the violator to pay a fine in an amount specified in this section for each day the violation continues past the date set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat violation continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local governing body, which may make all reasonable repairs which are required to bring the property into compliance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the local governing body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the order imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irreparable or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a). (2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not exceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection (1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000 per violation. (b) In determining the amount of the fine, if any, the enforcement board shall consider the followi ng factors: 1. The gravity of the violation; 2. Any actions taken by the violator to correct the violation; and 3. Any previous violations committed by the violator. (c) An enforcement board may reduce a fine imposed pursuant to this section. (d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforcement board or special magistrate may impose additional fines to cover all costs incurred by the local government in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines shall include criteria to be considered by the code enforcement board or special magistrate in determining the amount of the fines, including, but not limited to, those factors set forth in paragraph (b). (3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court judgment by the sheriffs of this state, including execution and levy against the personal property of the violator, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead under s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real property or personal property which is covered under s. 4(a), Art. X of the State Constitution. History.-s. 1, ch. 80-300; s. 8, ch. 82-37; s. 2, ch. 85-150; s. 8, ch. 86-201; s. 2, ch. 87- 391; s. 8, ch. 89-268; s. 4, ch. 94-291; s. 1, cli. 95-297; S. 5, ch. 99-360; S. 1, ch. 2000- 125; S. 65, ch. 2004-11. Note.-Former S. 166.059. 162.10 Duration of lien.-No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to S. 162.09(3) in a court of competent jurisdiction. In an action to foreclose on a lien or for a money judgment, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the action. The local governing body shall be entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded. History.-s. 9, ch. 82-37; S. 9, ch. 86-201; S. 9, ch. 89-268; S. 5, ch. 94-291; S. 2, ch. 2000-125. 162.11 Appeals.-An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the enforcement board. An appeal shall be filed within 30 days of the execution of the order to be appealed. History.-s. 1, ch. 80-300; S. 10, ch. 82-37; S. 3, ch. 85-150; S. 10, ch. 86-201. Npte.-Former S. 166.061. 162.12 Notices.- (1) All notices required by this part must be provided to the alleged violator by: (a) Certified mail, and at the option of the local government return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the county property appraiser's database. The local government may also provide an additional notice to any other address it may find for the property owner. For property owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If any notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraphs (2)(b)1. and 2.; (b) Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; (c) Leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or (d) In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board or the local government, notice may be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for 4 consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located. The newspaper shall meet such requirements as are prescribed under chapter 50 for legal and official advertisements. 2. Proof of publication shall be made as provided in ss. 50.041 and 50.051. (b)1. In lieu of publication as described in paragraph (a), such notice may be posted at least 10 days prior to the hearing, or prior to the expiration of any deadline contained in the notice, in at least two locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be, in the case of municipalities, at the primary municipal government office, and in the case of counties, at the front door of the courthouse or the main county governmental center in said county. 2. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting. (c) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (1). (3) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. History.-s. 1, ch. 80-300; s. 11, ch. 86-201; s. 3, ch. 87-391; s. 10, ch. 89-268; s. 6, ch. 94-291; s. 6, ch. 99-360; s. 3, ch. 2000-125; s. 1, ch. 2012-13; s. 2, ch. 2013-193; s. 1, ch. 2014-154. Note.-Former s. 166.062. 162.125 Actions for money judgments under this chapter; limitation.-Actions for money judgments under this chapter may be pursued only on fines levied after October 1, 2000. History.-s. 4, ch. 2000-125. 162.13 Provisions of act supplemental.-It is the legislative intent of ss. 162.01-162.12 to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in ss. 162.01-162.12 shall prohibit a local governing body from enforcing its codes by any other means. History.-s. 11, ch. 82-37. PART II SUPPLEMENTAL COUNTY OR MUNICIPAL CODE OR ORDINANCE ENFORCEMENT PROCEDURES 162.21 Enforcement of county or municipal codes or ordinances; penalties. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances. 162.23 Notice to appear. 162.30 Civil actions to enforce county and municipal ordinal1ces. 162.21 Enforcement of county or municipal codes or ordinances; penalties.- (1) As used in this section, "code enforcement officer" means any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality. (2) A county or a municipality may designate certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Employees or agents who may be designated as code enforcement officers may include, but are not limited to, code inspectors, law enforcement officers, animal control officers, or firesafety inspectors. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law. (3)(a) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted code or ordinance and that the county court will hear the charge. (b) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (c) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number or section of the code or ordinance violated. 6. The name and authority of the code enforcement 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, the person shall be deemed to have waived his or her 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. (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court. (5) A county or a municipality is authorized to enforce codes and ordinances under the provisions of this section and may enact an ordinance establishing procedures for the implementation of such provisions, including a schedule of violations and penalties to be assessed by code enforcement officers. If a county or municipality chooses to enforce codes or ordinances under the provisions of this section, each code or ordinance or the ordinance enacted by the county or municipality establishing procedures for implementation of this section shall provide: (a) That a violation of a code or 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 a code enforcement officer who has reasonable cause to believe that a person has committed an act in violation of a code or an ordinance. (e) For the contesting of a citation in county court. (f) Such procedures and provisions as are necessary to provide for the enforcement of a code or an ordinance under the provisions of this section. (6) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (7) The provisions of this part shall not apply to the enforcement pursuant to ss. 553.79 and 553.80 of the Florida Building Code adopted pursuant to s. 553.73 as applied to construction, provided that a building permit is either not required or has been issued by the county or the municipality. (8) The provisions of this section are additional and supplemental means of enforcing county or municipal codes or ordinances and may be used for the enforcement of any code or ordinance, or for the enforcement of all codes and ordinances. Nothing contained in this section shall prohibit a county or municipality from enforcing its codes or ordinances by any other means. History.-s. 11, ch. 89-268; s. 7, ch. 94-291; s. 1444, ch. 95-147; s. 3, ch. 96-385; s. 4, ch. 98-287; s. 115, ch. 2000-141; s. 35, ch. 2001-186; s. 4, ch. 2001-372. 162.22 Designation of enforcement methods and penalties for violation of municipal ordinances.-The governing body of a municipality may designate the enforcement methods and penalties to be imposed for the violation of ordinances adopted by the municipality. These enforcement methods may include, but are not limited to, the issuance of a citation, a summons, or a notice to appear in county court or arrest for violation of municipal ordinances as provided for in chapter 901. Unless otherwise. specifically authorized and provided for by law, a person convicted of violating a municipal ordinance may be sentenced to pay a fine, not to exceed $500, and may be sentenced to a definite term of imprisonment, not to exceed 60 days, in a municipal detention facility or other facility as ·authorized by law. History.-s. 1, ch. 94-255. 162.23 Notice to appear.- (1) Notwithstanding s. 34.07, a code enforcement officer, designated pursuant to s. 162.21(1) and (2), may issue a notice to appear at any hearing conducted by a county court if the officer, based upon personal investigation, has reasonable cause to believe that the person has violated a code or ordinance. A notice to appear means a written order issued by a code enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a deSignated court or governmental office a~ a specified date and time. If a person issued a notice to appear under this section refuses to sign such notice, the code enforcement officer has no authority to arrest such person. (2) Prior to issuing a notice to appear, a code enforcement officer shall provide written notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no fewer than 5 days and no more than 30 days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the prescribed time period, a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to issuing a notice to appear and may immediately issue a notice to appear if a repeat violation is found, or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare or that the violator is engaged in violations of an itinerant or transient nature, as defined by local code or ordinance within the jurisdiction, or if the violation is irreparable or irreversible. History.-s. 1, ch. 96-385; s. 7, ch. 99-360. 162.30 Civil actions to enforce county and municipal ordinances.-In addition to other provisions of law authorizing the enforcement of county and municipal codes and ordinances, a county or municipality may enforce any violation of a county or municipal code or ordinance by filing a civil action in the same manner as instituting a civil action. The action shall be brought in county or circuit court, whichever is appropriate depending upon the relief sought. Counties and municipalities are authorized and required to pay any counsel appointed by the court to represent a private party in such action if the provision of counsel at public expense is required by the Constitution of the United States or the Constitution of the State of Florida and if the party is indigent as established pursuant to s. 27.52. The county or municipality shall bear all court fees and costs of any such action, and may, if it prevails, recover the court fees and costs and expense of the court-appointed counsel as part of its judgment. The state shall bear no expense of actions brought under this section except those that it would bear in an ordinary civil action between private parties in county court. History.-s. 87, ch. 2003-402. CHAPTER 901 ARRESTS 901.01 Judicial officers have committing authority. 901.02 Issuance of arrest warrants. 901.04 Direction and execution of warrant. 901.07 Admission to bail when arrest occurs in another county. 901.08 Issue of warrant when offense triable in another county. 901.09 When summons shall be issued. 901.10 How summons served. 901.11 Effect of not answering summons. 901.12 Summons against corporation. 901.14 Effect of failure by corporation to answer summons. 901.15 When arrest by officer without warrant is lawful. 901.1503 When notice to appear by officer without warrant is lawful. 901.1505 Federal law enforcement officers; powers. 901.151 Stop a nd Frisk Law. 901.16 Method of arrest by officer by a warrant. 901.17 Method of arrest by officer without warrant. 901.18 Officer may summon assistance. 901.19 Right of officer to break into building. 901.20 Use of force to effect release of person making arrest detained in building. 901.21 Search of person arrested. 901.211 Strip searches of persons arrested; body cavity search. 901.215 Search of person arrested for identifying device indicating a medical disability. 901.22 Arrest after escape or rescue. 901.24 Right of person arrested to consult attorney. 901.245 Interpreter services for deaf persons. 901.25 Fresh pursuit; arrest outside jurisdiction. 901.252 Authority to patrol municipally owned or leased property and facilities outside municipal limits; taking into custody outside territorial jurisdiction. 901.26 Arrest and detention of foreign nationals. 901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. 901.29 Authorization to take person to medical facility. 901.31 Failure to obey written promise to appear. 901.35 Financial responsibility for medical expenses. 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders. 901.01 Judicial officers have committing authority.-Each state judicial officer is a conservator of the peace and has committing authority to issue warrants of arrest, commit offenders to jail, and recognize them to appear to answer the charge. He or she may require sureties of the peace when the peace has been substantially threatened or disturbed. History.-s. 1, ch. 19554, 1939; CGL 1940 Supp. 8663(1); s. 1, ch. 70-338; s. 4, ch. 70- 339; s. 34, ch. 73-334; s. 1451, ch. 97-102; s. 18, ch. 2004-11. 901.02 Issuance of arrest warrants.- (1) A judge, upon examination of the complaint and proofs submitted, if satisfied that probable cause exists for the issuance of an arrest warrant for any crime committed within the judge's jurisdiction, shall thereupon issue an arrest warrant signed by the judge with the judge's name of office. (2) The court may issue a warrant for the defendant's arrest when all of the following circumstances apply: (a) A complaint has been filed charging the commission of a misdemeanor only. (b) The summons issued to the defendant has been returned unserved. (c) The conditions of subsection (1) are met. (3) A judge may electronically sign an arrest warrant if the requirements of subsection (1) or subsection (2) are met and the judge, based on an examination of the complaint and proofs submitted, determines that the complaint: (a) Bears the affiant's signature, or electronic signature if the complaint was submitted electronically. (b) Is supported by an oath or affirmation administered by the judge or other person authorized by law to administer oaths. (c) If submitted electronically, is submitted by reliable electronic means. (4) An arrest warrant shall be deemed to be issued by a judge at the time the judge affixes the judge's signature or electronic signature to the warrant. As used in this section, the term "electronic signature" has the same meaning as provided in s. 933.40. History.-s. 2, ch. 19554, 1939; CGL 1940 Supp. 8663(2); s. 5, ch. 70-339; s. 1452, ch. 97-102; s. 1, ch. 99-169; s. 19, ch. 2004-11; s. 1,ch. 2013-247. 901.04 Direction and execution of warrant.-Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only by the sheriff of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff who is advised of the existence of the warrant. An arrest may be made on any day and at any time of the day or night. History.-s. 4, ch. 19554, 1939; CGL 1940 Supp. 8663(4); s. 6, ch. 70-339; s. 34, ch. 73- 334. 901.07 Admission to bail when arrest occurs in another county.- (1) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant issued, if the person arrested has a right to bail, the arresting officer shall inform the person of his or her right and, upon request, shall take the person before a trial court judge or other official of the same county having authority to admit to bail. The official shall admit the person arrested to bail for his or her appearance before the trial court judge who issued the warrant. (2) If the person arrested does not have a right to bailor, when informed of his or her right to bail, does not furnish bail immediately, the officer who made the arrest or the officer having the warrant shall take the person before the trial court judge who issued the warrant. History.-s. 7, ch. 19554, 1939; CGL 1940 Supp. 8663(7); s. 6, ch. 70-339; s. 1453, ch. 97-102; s. 20, ch. 2004-11. 901.08 Issue of warrant when offense triable in another county.- (1) When a complaint before a trial court judge charges the commission of an offense that is punishable by death or life imprisonment and is triable in another county of the state, but it appears that the person against whom the complaint is made is in the county where the complaint is made, the same proceedings for issuing a warrant shall be used as prescribed in this chapter, except that the warrant shall require the person against whom the complaint is made to be taken before a designated trial court judge of the county in which the offense is triable. (2) If the person arrested has a right to bail, the officer making the arrest shall inform the person of his or her right to bail and, on request, shall take the person before a trial court judge or other official having authority to admit to bail in the county in which the arrest is made. The official shall admit the person to bail for his or her appearance before the trial court judge designated in the warrant. (3) If the person arrested does not have a right to bailor, when informed of his or her right to bail, does not furnish bail immediately, he or she shall be taken before the trial court judge designated in the warrant. History.-s. 8, ch. 19554, 1939; CGL 1940 Supp. 8663(8); s. 6, ch. 70-339; s. 1454, ch. 97-102; s. 21, ch. 2004-11. 901.09 When summons shall be issued.- (1) When the complaint is for an offense that the trial court judge is empowered to try summarily, the trial court judge shall issue a summons instead of a warrant, unless she or he reasonably believes that the person against whom the complaint was made will not appear upon a summons, in which event the trial court judge shall issue a warrant. (2) When the complaint is for a misdemeanor that the trial court judge is not empowered to try summarily, the trial court judge shall issue a summons instead of a warrant if she or he reasonably believes that the person against whom the complaint was made will appear upon a summons. (3) The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the trial court judge at a stated time and place. History.-s. 9, ch. 19554, 1939; CGL 1940 Supp. 8663(9); s. 6, ch. 70-339; s. 1455, ch. 97-102; s. 22, ch. 2004-11. 901.10 How summons served.-A summons shall be served in the same manner as a summons in a civil action. History.-s. 10, ch. 19554, 1939; CGL 1940 Supp. 8663(10); s. 6, ch. 70-339. 901.11 Effect of not answering summons.-Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the trial court judge shall issue a warrant. If the trial court judge acquires reason to believe that the person summoned will not appear as commanded after issuing a summons, the trial court judge may issue a warrant. History.-s. 11, ch. 19554, 1939; CGL 1940 Supp. 8663(11); s. 6, ch. 70-339; s. 1456, ch. 97-102; s. 23, ch. 2004-11. 901.12 Summons against corporation.-When a complaint of an offense is made against a corporation, the trial court judge shall issue a summons that shall set forth substantially the nature of the offense and command the corporation to appear before the trial court judge at a stated time and place. History.-s. 12, ch. 19554,1939; CGL 1940 Supp. 8663(12); s. 6, ch. 70-339; s. 1457, ch. 97-102; s. 24, ch. 2004-11. 901.14 Effect of failure by corporation to answer summons.-!f, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and the court shall proceed to trial and judgment without further process. History.~s. 14, ch. 19554, 1939; CGL 1940 Supp. 8663(14); s. 6, ch. 70-339. 901.15 When arrest by officer without warrant is lawful.-A law enforcement officer may arrest a person without a warrant when: (1) The person has committed a felony or misdemeanor or violated a municipal or county ordinance in the presence of the officer. An arrest for the commission of a misdemeanor or the violation of a municipal or county ordinance shall be made immediately or in fresh pursuit. (2) A felony has been committed and he or she reasonably believes that the person committed it. (3) He or she reasonably believes that a felony has been or is being committed and that the person to be arrested has committed or is committing it. (4) A warrant for the arrest has been issued and is held by another peace officer for execution. (5) A violation of chapter 316 has been committed in the presence of the officer. Such an arrest may be made immediately or in fresh pursuit. Any law enforcement officer, upon receiving information relayed to him or her from a fellow officer stationed on the ground or in the air that a driver of a vehicle has violated chapter 316, may arrest the driver for violation of those laws when reasonable and proper identification of the vehicle and the violation has been communicated to the arresting officer. (6) There is probable cause to believe that the person has committed a criminal act according to s. 790.233 or according to s. 741.31 or s. 784.047 which violates an injunction for protection entered pursuant to s. 741.30 or s. 784.046, or a foreign protection order accorded full faith and credit pursuant to s. 741.315, over the objection of the petitioner, if necessary. (7) There is probable cause to believe that the person has committed an act of domestic violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The decision to arrest shall not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to strongly discourage arrest and charges of both parties for domestic violence or dating violence on each other and to encourage training of law enforcement and prosecutors in these areas. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that otherwise might result by reason of his or her action. (8) There is probable cause to believe that the person has committed child abuse, as defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for unlawful purposes. The decision to arrest does not require consent of the victim or consideration of the relationship of the parties. It is the public policy of this state to protect abused children by strongly encouraging the arrest and prosecution of persons who commit child abuse. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of his or her action. (9) There is probable cause to believe that the person has committed: (a) Any battery upon another person, as defined in s. 784.03. (b) An act of criminal mischief or a graffiti-related offense as described in s. 806.13. (c) A violation of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as described in s. 327.461. (10) The officer has determined that he or she has probable cause to believe that a misdemeanor has been committed, based upon a signed affidavit provided to the officer by a law enforcement officer of the United States Government, recognized as such by United States statute, or a United States military law enforcement officer, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, when the misdemeanor was committed in the presence of the United States law enforcement officer or the United States military law enforcement officer on federal military property over which the state has maintained exclusive jurisdiction for such a misdemeanor. (11)(a) A law enforcement officer of the Florida National Guard, recognized as such by the Uniform Code of Military Justice or the United States Department of Defense Regulations, has probable cause to believe a felony was committed on state military property or when a felony or misdemeanor was committed in his or her presence on such property. (b) All law enforcement officers of the Florida National Guard shall promptly surrender all persons arrested and charged with a felony to the sheriff of the county within which the state military property is located, and all persons arrested and charged with misdemeanors shall be surrendered to the applicable authority as may be provided by law, but otherwise to the sheriff of the county in which the state military property is located. The Florida National Guard shall promptly notify the applicable law enforcement agency of an arrest and the location of the prisoner. (c) The Adjutant General, in consultation with the Criminal Justice Standards and Training Commission, shall prescribe minimum training standards for such law enforcement officers of the Florida National Guard. (12) He or she is employed by the State of Florida as a law enforcement officer as defined in s. 943.10(1) or part-time law enforcement officer as defined in s. 943.10(6), and: (a) He or she reasonably believes that a felony involving violence has been or is being committed and that the person to be arrested has committed or is committing the felony; (b) While engaged in the exercise of his or her state law enforcement duties, the officer reasonably believes that a felony has been or is being committed; or (c) A felony warrant for the arrest has been issued and is being held for execution by another peace officer. Notwithstanding any other provision of law, the authority of an officer pursuant to this subsection is statewide. This subsection does not limit the arrest authority conferred on such officer by any other provision of law. (13) There is probable cause to believe that the person has committed an act that violates a condition of pretrial release provided in s. 903.047 when the original arrest was for an act of domestic violence as defined in s. 741.28, or when the original arrest was for an act of dating violence as defined in s. 784.046. (14) There is probable cause to believe that the person has committed trespass in a secure area of an airport when signs are posted in conspicuous areas of the airport which notify that unauthorized entry into such areas constitutes a trespass and specify the methods for gaining authorized access to such areas. An arrest under this subsection may be made on or off airport premises. A law enforcement officer who acts in good faith and exercises due care in making an arrest under this subsection is immune from civil liability that otherwise might result by reason of the law enforcement officer's action. (15) There is probable cause to believe that the person has committed assault upon a law enforcement officer, a firefighter, an emergency medical care provider, public transit employees or agents, or other specified officers as set forth in s. 784.07 or has committed assault or battery upon any employee of a receiving facility as defined in s. 394.455 who is engaged in the lawful performance of his or her duties. History.-s. 15, ch. 19554, 1939; CGL 1940 Supp. 8663(15); s. 1, ch. 21782, 1943; 5. 6, ch. 70-339; 5. 4, ch. 71-982; 5. 1, ch. 77-67; 5. 1, ch. 83-119; 5. 11, ch. 84-343; 5. 1, ch. 85-198; 5. 2, ch. 85-216; 5. 1, ch. 86-130; 5. 102, ch. 86-220; 5. 1, ch. 87-45; 5. 1, ch. 87-285; 5. 2, ch. 88-344; 5. 4, ch. 88-373; 55. 53, 71, ch. 88-381; 5. 1, ch. 90-165; 5. 68, ch. 91-110; 5. 7, ch. 91-210; 55. 27, 29, ch. 94-134; 55. 27, 29, ch. 94-135; 5. 20, ch. 95- 195; 5. 4, ch. 96-215; 5. 24, ch. 96-322; 5. 8, ch. 96-392; 5. 68, ch. 96-413; 55. 1830, 1831, 1832, ch. 97-102; 5. 10, ch. 97-155; 5. 2, ch. 97-298; 5. 2, ch. 98-93; 5.4, ch. 98- 284; 5. 105, ch. 99-3; s. 57, ch. 99-193; 5. 6, ch. 2000-369; 5. 1, ch. 2002-255; 5. 4, ch. 2004-17; 5. 7, ch. 2004-74; 5. 8, ch. 2006-299; 5.4, ch. 2007-112; 5. 3, ch. 2008-252; 5. 9, ch. 2009-215. 1901.1503 When notice to appear by officer without warrant is lawful.-A law enforcement officer may give a notice to appear to a person without a warrant when the officer has determined that he or she has probable cause to believe that a violation of 5. 509.144 has been committed and the owner or manager of the public lodging establishment in which the violation occurred and one additional affiant sign an affidavit containing information that supports the officer's determination of probable cause. History.-s. 13, ch. 2011-119. 'Note.-Section 15, ch. 2011-119, provides that "[t]he amendments made to 55. 509.144 and 932.701, Florida Statutes, and the creationof 5.901.1503, Florida Statutes, by this act do not affect or impede the provisions of 5. 790.251, Florida Statutes, or any other protection or right guaranteed by the Second Amendment to the United States Constitution. ". 901.1505 Federal. law enforcement officers; powers.- (1)' As used in this section, the term "federal law enforcement officer" means a person who is employed by the Federal Government as a full-time law enforcement officer as defined by the applicable provisions of the United States Code, who is empowered to effect an arrest for violations of the United States Code, who is authorized to carry firearms in the performance of her or his duties, and who has received law enforcement training equivalent to that prescribed in s. 943.13. (2) Every federal law enforcement officer has the following authority: (a) To make a warrantless arrest of any person who has committed a felony or misdemeanor as defined by state statute, which felony or misdemeanor involves violence, in the presence of the officer while the officer is engaged in the exercise of her or his federal law enforcement duties. If the officer reasonably believes that such a felony or misdemeanor as defined by state statute has been committed in her or his presence, the officer may make a warrantless arrest of any person whom she or he reasonably believes to have committed such felony or misdemeanor. (b) To use any force which the officer reasonably believes to be necessary to defend herself or himself or another from bodily harm while making the arrest or any force necessarily committed in arresting any felon fleeing from justice when the officer reasonably believes either that the fleeing felon poses a threat of death or serious physical harm to the officer or others or that the fleeing felon has committed a crime involving the infliction or threatened infliction of serious physical harm to another person. (c) To conduct a warrantless search incident to the arrest, as provided in 5. 901.21, and to conduct any other constitutionally permissible search pursuant to the officer's lawful duties. (d) To possess firearms; and to seize weapons' in order to protect herself or himself from attack, prevent the escape of an arrested person, or assure the subsequent lawful custody of the fruits of a crime or the articles used in the commission of a crime, as provided in 5. 901.21. History.-s. 1, ch. 91-43; s. 1458, ch. 97-102. 901.151 Stop and Frisk Law.- (1) This section may be known and cited as the "Florida Stop and Frisk Law." (2) Whenever any law enforcement officer of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, the officer may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person's presence abroad which led the officer to believe that the person had committed, was committing, or was about to commit a criminal offense. (3) No person shall be temporarily detained under the provisions of subsection (2) longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof. (4) If at any time after the onset of the temporary detention authorized by subsection (2), probable cause for arrest of person shall appear, the person shall be arrested. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, the person shall be released. (5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) has probable cause to believe that any person whom the officer has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, the officer may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized. (6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)-(5). History.-ss. 1, 2, ch. 69-73; s. 1459, ch. 97-102. 901.16 Method of arrest by officer by a warrant.-A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform the person, or when giving the information will imperil the arrest. The officer need not have the warrant in his or her possession at the time of arrest but on request of the person arrested shall show it to the person as soon as practicable. History.-s. 16, ch. 19554, 1939; CGL 1940 Supp. 8663(16); s. 6, ch. 70-339; s. 1460, ch. 97-102. 901.17 Method of arrest by officer without warrant.-A peace officer making an arrest without a warrant shall inform the person to be arrested of the officer's authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform the person or when giving the information will imperil the arrest. History.-s. 17, ch. 19554, 1939; CGL 1940 Supp. 8663(17); s. 6, ch. 70-339; s. 1461, ch. 97-102. 901.18 Officer may summon assistance.-A peace officer making a lawful arrest may command the aid of persons she or he deems necessary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer and shall not be civilly liable for any reasonable conduct in rendering assistance to that officer. History.-s. 18, ch. 19554, 1939; CGL 1940 Supp. 8663(18); s. 7, ch. 70-339; s. 1462, ch. 97-102. 901.19 Right of officer to break into building.- (1) If a peace officer fails to gain admittance after she or he has announced her or his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, the officer may use all necessary and reasonable force to enter any building or property where the person to be arrested is or is reasonably believed to be. (2) When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be publicly destroyed in the presence of witnesses under order of the court to that effect. History.-s. 19, ch. 19554,1939; CGL 1940 Supp. 8663(19); s. 8, ch. 70-339; s. 1463, ch. 97-102. 901.20 Use of force to effect release of person making arrest detained in building.-A peace officer may use any reasonable force to liberate himself or herself or another person from detention in a building entered for the purpose of making a lawful arrest. History.-s. 20, ch. 19554, 1939; CGL 1940 Supp. 8663(20); s. 9, ch. 70-339; s. 1464, ch. 97-102. 901.21 Search of person arrested.- (1) When a lawful arrest is effected, a peace officer may search the person arrested and the area within the person's immediate presence for the purpose of: (a) Protecting the officer from attack; (b) Preventing the person from escaping; or (c) Discovering the fruits of a crime. (2) A peace officer making a lawful search without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of: (a) Protecting the officer from attack; (b) Preventing the escape of the arrested person; or (c) Assuring subsequent lawful custody of the fruits of a crime or of the articles used in the commission of a crime. History.-s. 21, ch. 19554,1939; CGL 1940 Supp. 8663(21); s. 10, ch. 70-339. 901.211 Strip searches of persons arrested; body cavity search.- (1) As used in this section, the term "strip search" means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person. (2) No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case which is violent in nature, which involves a weapon, or which involves a controlled substance, shall be strip searched unless: (a) There is probable cause to believe that the individual is concealing a weapon, a controlled substance, or stolen property; or (b) A judge at first appearance has found that the person arrested cannot be released either on recognizance or bond and therefore shall be incarcerated in the county jail. (3) Each strip search shall be performed by a person of the same gender as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search pursuant to this section. Any observer shall be of the same gender as the arrested person. (4) Any body cavity search must be performed under sanitary conditions. (5) No law enforcement officer shall order a strip search within the agency or facility without obtaining the written authorization of the supervising officer on duty. (6) Nothing in this section shall be construed as limiting any statutory or common-law right of any person for purposes of any civil action or injunctive relief. History.-s. 2, ch. 81-313; s. 171, ch. 83-216; s. 1, ch. 83-254. 901.215 Search of person arrested for identifying device indicating a medical disability.- Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall, when arresting any person who appears to be inebriated, intoxicated, or not in control of his or her physical functions, examine such person to ascertain whether or not the person is wearing a medic-alert bracelet or necklace or has upon his or her person some other visible identifying device which would specifically delineate a medical disability which would account for the actions of such person. Any arresting officer who does, in fact, discover such identifying device upon such person shall take immediate steps to aid the afflicted person in receiving medication or other treatment for his or her disability. History.-s. 1, ch. 74-25; s. 1465, ch. 97-102. 901.22 Arrest after escape or rescue.-If a person lawfully arrested escapes or is rescued, the person from whose custody she or he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a warrant at any time and in any place. History.-s. 22, ch. 19554,1939; CGL 1940 Supp. 8663(22); s. 11, ch. 70-339; s. 1466, ch. 97-102. 901.24 Right of person arrested to consult attorney.-A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable. History.-s. 24, ch. 19554,1939; CGL 1940 Supp. 8663(24); s. 13, ch. 70-339. 901.245 Interpreter services for deaf persons.-In the event that a person who is deaf is arrested and taken into custody for an alleged violation of a criminal law of this state, the services of a qualified interpreter shall be sought prior to interrogating such deaf person. If the services of a qualified interpreter cannot be obtained, the arresting officer may interrogate or take a statement from such person provided such interrogation and the answers thereto shall be in writing. The interrogation and the answers thereto shall be preserved and turned over to the court in the event such person is tried for the alleged offense. History.-s. 6, ch. 80-155. 901.25 Fresh pursuit; arrest outside jurisdiction.- (1) The term "fresh pursuit" as used in this act shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. It shall also include the pursuit of a person who has violated a county or municipal ordinance or chapter 316 or has committed a misdemeanor. (2) Any duly authorized state, county, or municipal arresting officer is authorized to arrest a person outside the officer's jurisdiction when in fresh pursuit. Such officer shall have the same authority to arrest and hold such person in custody outside his or her jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting state, county, or municipal officer of this state to arrest and hold in custody a person not arrested in fresh pursuit. (3) If an arrest is made in this state by an officer outside the county within which his or her jurisdiction lies, the officer shall immediately notify the officer in charge of the jurisdiction in which the arrest is made. Such officer in charge of the jurisdiction shall, along with the officer making the arrest, take the person so arrested before a trial court judge of the county in which the arrest was made without unnecessary delay. (4) The employing agency of the state, county, or municipal officer making an arrest on fresh pursuit shall be liable for all actions of said officer in the same fashion that it is liable for the officer's acts made while making an arrest within his or her jurisdiction. (5) The officer making an arrest on fresh pursuit shall be fully protected with respect to pension, retirement, workers' compensation, and other such benefits just as if the officer had made an arrest in his or her own jurisdiction. History.-s. 1, ch. 63-515; s. 14, ch. 70-339; s. 1, ch. 78-246; s. 120, ch. 79-40; s. 1, ch. 81-313; s. 2, ch. 83-119; s. 1467, ch. 97-102; s. 25, ch. 2004-11. 901.252 Authority to patrol municipally owned or leased property and facilities outside municipal limits; taking into custody outside territorial jurisdiction.- (1) A duly constituted law enforcement officer employed by a municipality may patrol property and facilities which are owned or leased by the municipality but are outside the jurisdictional limits of the municipality, and, when· there is probable cause to believe a person has committed or is committing a violation of state law or of a county or municipal ordinance on such property or facilities, may take the person into custody and detain the person in a reasonable manner and for a reasonable time. The law enforcement officer employed by the municipality shall immediately call a law enforcement officer with jurisdiction over the property or facility on which the violation occurred after detaining a person under this subsection. (2) A law enforcement officer employed by a municipality who detains a person under subsection (1) is not civilly or criminally liable for false arrest, false imprisonment, or unlawful detention on the basis of any reasonable actions taken in compliance with subsection (1). History.-s. 1, ch. 91-174; s. 1468, ch. 97-102; s. 1, ch. 2001-105. 901.26 Arrest and detention of foreign nationals.-Failure to provide consular notification under the Vienna Convention on Consular Relations or other bilateral consular conventions shall not be a defense in any criminal proceeding against any foreign national and shall not be cause for the foreign national's discharge from custody. History.-ss. 1, 2, 3, ch. 65-523; ss. 10,35, ch. 69-106; s. 15, ch. 70-339; s. 1469, ch. 97- 102; s. 5, ch. 2001-200. 901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search.-The issuance of a notice to appear shall not be construed to affect a law enforcement officer's authority to conduct an otherwise lawful search, as provided by law. History.-s. 1, ch. 73-27; s. 7, ch. 85-77. 901.29 Authorization to take person to medical facility.-Even though a notice to appear is issued, a law enforcement officer shall be authorized to take a person to a medical facility for such care as appropriate. History .-s. 1, ch. 73-27. 901.31 Failure to obey written promise to appear.-Any person who willfully fails to appear before any court or judicial officer as required bya written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt. History.-s. 1, ch. 73-27; s. 1470, ch. 97-102. 901.35 Financial responsibility for medical expenses.- (1) Notwithstanding any other provision of law, the responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving such care, treatment, hospitalization, and transportation. The provider of such services shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, and transportation from the following sources in the following order: (a) From an insurance company, health care corporation, or other source, if the prisoner is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses. (b) From the person receiving the medical care, treatment, hospitalization, or transportation. (c) From a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the injured party. (2) Upon a showing that reimbursement from the sources listed in subsection (1) is not available, the costs of medical care, treatment, hospitalization, and transportation shall be paid: (a) From the general fund of the county in which the person was arrested, if the arrest was for violation of a state law or county ordinance; or (b) From the municipal general fund, if the arrest was for violation of a municipal ordinance. The responsibility for payment of such medical costs shall exist until such time as an arrested person is released from the custody of the arresting agency. (3) An arrested person who has health insurance, subscribes to a health care corporation, or receives health care benefits from any other source shall assign such benefits to the health care provider. History.-s. 1, ch. 83-189; s. 17, ch. 90-211. 901.36 Prohibition against giving false name or false identification by person arrested or lawfully detained; penalties; court orders.- (1) It is unlawful for a person who has been arrested or lawfully detained by a law enforcement officer to give a false name, or otherwise falsely identify himself or herself in any way, to the law enforcement officer or any county jail personnel. Except as provided in subsection (2), any person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A person who violates subsection (1), if such violation results in another person being adversely affected by the unlawful use of his or her name or other identification, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a) In sentencing a person for violation of this section, a court may order restitution. (b) The sentencing court may issue such orders as are necessary to correct any public record because it contains a false name or other false identification information given in violation of this section. (c) Upon application to the court, a person adversely affected by the unlawful use of his or her name or other identification in violation of this section may obtain from the court orders necessary to correct any public record, as described in paragraph (b). History.-s. 2, ch. 99-169.