Friday, June 12, 2015

Advisory Legal Opinion - AGO 84-32: Date: April 2, 1984 Subject: Inspectors entering private property

Concluding paragraph of this opinion below:

"Therefore, it is my opinion that a municipal code inspector is without authority to enter onto any private, commercial or residential property to assure compliance with or to enforce the various technical codes of the municipality or to conduct any administrative inspections or searches without the consent of the owner or the operator or occupant of such premises or without a duly issued search or administrative inspection warrant. The procurement and issuance of administrative inspection warrants is governed by the provisions of ss. 933.20-933.30, F.S. However, owner-occupied family residences are exempt from the provisions of ss. 933.20-933.30, F.S., and as to those residences a search warrant or the prior consent and approval of the owner is required."

Sincerely,

Jim Smith
Attorney General