FL_FEDERATION_OF_GARDEN_CLUBS_V._CITY_OF_WINTER_PARK_ _2020 CV 36 A O_ _8.15.2023

Before WEISS, WILSON, and HIGBEE, J.J.

PER CURIAM.

Florida Federation of Garden Clubs (“FFGC”) timely filed a Notice of Appeal seeking review of a “Findings of Fact, Conclusions of Law, and Order” of the Code Compliance Board (“the Board”) of the City of Winter Park, Florida, (“the City”) related to violations of the Code of Ordinances of the City of Winter Park, Florida (“the Code”). This Court has jurisdiction pursuant to Rule 9.030(c)(1)(C), Fla. R. App. P.; Section 162.11, Florida Statutes; and Section 2- 108 of the Code. Filing # 179704507 E-Filed 08/15/2023 03:08:18 Failure to comply with this Order will result in fines of up to $250.00 per day per violation, or for each day of a continuing violation. The Florida Federation Garden Club can hold events with the City Manager’s approval.

FFGC does not dispute the portion of the order finding them in violation of the City noise ordinance or the part that directs a $250.00 per day per violation fine for future violations. The very narrow issue FFGC cites for review in this case involves the portion of the violation order that requires FFGC to seek the City Manager’s approval for this use of the Property. FFGC argues that the Board did not have the authority to require approval by the City Manager for [*3] future events, in perpetuity, under either Chapter 162 of the Florida Statutes or the City’s Code. We agree. We found nothing in the Florida Statutes or the Code to indicate that the Board was authorized to require the City Manager’s approval, in perpetuity, for FFGC to hold events on the Property. While the City points to the general catch-all language of § 2-106 of the Code, noting the Board has the power to “Issue orders having the force and effect of law commanding whatever steps are necessary to bring a violation into compliance,” we find that such steps must still be contained within the jurisdiction of the Board. See Gutierrez v. Village of Pinecrest, 29 Fla. L. Weekly Supp. 163a (Fla. 11th Cir. Ct. May 21, 2021). Further, even if the Board did have this authority, there was no notice to FFGC that the Board would seek to require the City Manager’s approval, in perpetuity, during its proceedings, and the absence of such notice offends procedural due process. See Butler v. Brown, 338 So. 3d 392 (Fla. 5th DCA 2022); Yampol v. Turnberry Isle S. Condo. Ass'n, Inc., 143 So. 3d 1144 (Fla. 3d DCA 2014). Since the City did not express that requiring the consent of the City Manager was potentially a condition it was seeking in this Code enforcement case, and since allowing such a condition does not appear to be authorized by the Code or the Florida Statutes in the first place, we believe that the Board did not have authority to put this requirement in its violation order. The City revoking its consent for further FFGC event rentals in a cease-and-desist letter is based on its interpretation of the lease between the parties, and the record indicates that FFGC disputes that interpretation. This is a landlord-tenant issue, not a Code compliance issue. We find the City’s other arguments in support of the requirement to be without merit. It is therefore ORDERED that the August 17, 2020, order of the City of Winter Park Code Compliance Board is AFFIRMED with regard to the finding of code violations and the