Deehl v. Weiss

In this petition for a writ of certiorari, we are asked to decide whether the decision of the appellate division of the circuit court that the City of Miami (hereinafter, the City) may not prosecute violators of the City’s fire code in county court constitutes a departure from the essential requirements of the law.1 We find that it does and grant the writ based upon the following analysis.

The Municipal Code Enforcement Boards Act2 was promulgated to authorize each Florida municipality to create a code enforcement board as a method for enforcing “the various occupational license, fire,…