In short: A Manatee County special magistrate found MGM was crushing concrete without site plan approval. The circuit court affirmed using the narrow certiorari standard. The Second DCA granted second-tier certiorari and quashed: section 162.11 gives a full appeal on the record, and applying the wrong, narrower standard was a miscarriage of justice.
The Facts
In 2021, Manatee County cited MGM of West Florida for using its property for concrete or rock crushing without site plan approval, a violation of the county’s Land Development Code. MGM argued the notice was an administrative determination it could appeal to the Board of County Commissioners. The County disagreed and sent the matter to a code enforcement special magistrate.
The special magistrate found a violation and issued a compliance order. MGM appealed to the circuit court under the code enforcement appeal statute. The circuit court affirmed, reviewing the order under the first-tier certiorari standard: due process, essential requirements of law, and competent substantial evidence. MGM then petitioned the Second District.
The Decision
The Second District granted second-tier certiorari and quashed the circuit court’s decision. Section 162.11 gives an aggrieved party a plenary appeal as of right, limited to the record made before the enforcement board or magistrate. Certiorari review is narrower. By using the certiorari standard, the circuit court gave MGM less review than the statute guarantees, which is a failure to apply the correct law.
The court rejected reliance on a footnote in an older Second District case, calling its discussion of the certiorari standard unnecessary to that decision and unable to override clear statutory text. The error was also a miscarriage of justice. It was not enough for the County to say the result would be the same, because the standard of review could affect whether the dispute belonged before the County Commission instead of the magistrate.
The Law
section 162.11 lets an aggrieved party, including the local government, appeal a final administrative order of a code enforcement board or special magistrate to the circuit court within 30 days. The appeal is not a new hearing; it is appellate review of the record below. Under this decision, that review is a plenary appeal, not certiorari.
When a circuit court sits in its appellate capacity, a further challenge in the district court is by second-tier certiorari, which asks only whether the circuit court afforded due process and applied the correct law, and requires a miscarriage of justice. Applying the wrong standard of review is a classic ground for that relief.
Current law (2026): Section 162.11 is unchanged since 1986; 2026 text still provides a 30-day appeal to circuit court limited to appellate review of the record.
Lessons
- If you appeal a code enforcement order to circuit court, insist on the plenary appeal standard section 162.11 provides, not certiorari.
- Build the record before the magistrate. The circuit court appeal is limited to that record.
- Raise early whether a notice is really an appealable administrative decision that belongs before the county commission.
- Local governments should expect circuit courts to apply full appellate review to code enforcement orders in the Second District.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Land Use Order Quashed | MGM of West Florida v. Manatee County, 2D24-1120
Go Deeper
- How Florida Code Enforcement Works: Chapter 162 Hearings, Fines, and Liens
- Land Trust, Rezoning, and an "Officious Intermeddler": No Unjust Enrichment (City National Bank v. Signature Land)
Frequently Asked Questions
How do you appeal a code enforcement order in Florida?
Under section 162.11, file an appeal in circuit court within 30 days after the order is executed. The appeal is limited to the record made before the code enforcement board or special magistrate; it is not a new hearing. Under MGM, the circuit court must give a full appeal, not narrow certiorari review.
What is second-tier certiorari?
It is review by a district court of appeal of a circuit court decision made in its appellate capacity. It is narrow: the court asks only whether the circuit court afforded due process and applied the correct law, and whether the error caused a miscarriage of justice.
What is the difference between a plenary appeal and certiorari?
A plenary appeal reviews the lower decision for any reversible legal error on the record. First-tier certiorari is limited to due process, the essential requirements of law, and competent substantial evidence. The scope can change the result, which is why MGM got relief.
Can a county code violation be appealed to the county commission instead?
Sometimes. Some local land development codes let owners appeal certain administrative determinations, such as official code interpretations or stop work orders, to the county commission. In MGM, that question remained open on remand. Check your local code and raise it early.
Talk to a Florida land use and property rights lawyer
Weidner Law, P.A. handles zoning, land use and local-government property disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
