The Minimum Housing Enforcement Officer and enforcement officers shall be authorized
to make inspections to determine the condition of dwellings, dwelling units, rooming
houses, rooming units and premises in order to safeguard the health, safety, morals
and welfare of the public. The Minimum Housing Enforcement Officer and enforcement
officers shall be authorized to enter any dwelling, dwelling unit, rooming house,
rooming unit or premises at any reasonable time, or at such other time as may be necessary
in an emergency, for the purpose of performing the duties of such office under this
article, in accordance with the procedures herein prescribed. Except in emergencies
endangering the public health, safety and welfare, the Minimum Housing Enforcement
Officer and enforcement officers shall enter a dwelling, dwelling unit, rooming house,
rooming unit or premises only upon the prior or contemporaneous consent of the person
lawfully in occupancy thereof or the person having legal right of possession thereof,
or with a court order or inspection warrant, or in accordance with the provisions
of this section. When the Minimum Housing Enforcement Officer or any enforcement officer
has reason to believe that any dwelling, dwelling unit, rooming house, rooming unit
or premises is in violation of the provisions of this article, or when such officer
deems it necessary to make an inspection to determine whether a facility is in violation
of the minimum housing standards established by this article, such officer shall request
permission to make an inspection from the person lawfully in occupancy thereof or
from the person having the legal right to possession thereof. In the event that such
person refuses to consent to the inspection, the Minimum Housing Enforcement Officer
or enforcement officer may apply to the County Court or Circuit Court for the issuance
of an inspection warrant to be served by an officer duly authorized by law to serve
inspection warrants and make arrests for violations of this article. The inspection
warrant shall issue in accordance with the requirements of the United States Supreme
Court case of Camara v. Municipal Court of the City and County of San Francisco, 18
L. Ed. 2d 930, 87 S. Ct. 1727 (1967) and Florida Statutes, Sections 933.20—933.30
and shall authorize entry into and inspection of the premises described therein. Refusal
to permit an inspection pursuant to an inspection warrant authorized by this section
shall constitute a violation of this article and shall subject the violator to the
penalties prescribed herein and any penalties deemed appropriate by the issuing court,
as allowed by law.
