House Bill 1005

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1999                HB 1005

        By Representative Greenstein






  1                      A bill to be entitled

  2         An act relating to enforcement of money

  3         judgments; amending s. 162.09, F.S.;

  4         authorizing code enforcement boards to sue to

  5         recover the amount of a money judgment on a

  6         lien plus interest; amending s. 162.10, F.S.;

  7         providing for a prevailing party to recover all

  8         costs, including attorney's fees, in an action

  9         for a money judgment on a lien; providing an

10         effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Subsection (3) of section 162.09, Florida

15  Statutes, is amended to read:

16         162.09  Administrative fines; costs of repair; liens.--

17         (3)  A certified copy of an order imposing a fine may

18  be recorded in the public records and thereafter shall

19  constitute a lien against the land on which the violation

20  exists and upon any other real or personal property owned by

21  the violator. Upon petition to the circuit court, such order

22  may be enforced in the same manner as a court judgment by the

23  sheriffs of this state, including levy against the personal

24  property, but such order shall not be deemed to be a court

25  judgment except for enforcement purposes. A fine imposed

26  pursuant to this part shall continue to accrue until the

27  violator comes into compliance or until judgment is rendered

28  in a suit to foreclose on a lien filed pursuant to this

29  section, whichever occurs first. A lien arising from a fine

30  imposed pursuant to this section runs in favor of the local

31  governing body, and the local governing body may execute a

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1005

    706-108-99






  1  satisfaction or release of lien entered pursuant to this

  2  section. After 3 months from the filing of any such lien which

  3  remains unpaid, the enforcement board may authorize the local

  4  governing body attorney to foreclose on the lien and to sue to

  5  recover a money judgment for the amount of the lien plus

  6  accrued interest. No lien created pursuant to the provisions

  7  of this part may be foreclosed on real property which is a

  8  homestead under s. 4, Art. X of the State Constitution.

  9         Section 2.  Section 162.10, Florida Statutes, is

10  amended to read:

11         162.10  Duration of lien.--No lien provided under the

12  Local Government Code Enforcement Boards Act shall continue

13  for a period longer than 20 years after the certified copy of

14  an order imposing a fine has been recorded, unless within that

15  time an action to foreclose on the lien is commenced in a

16  court of competent jurisdiction. In an action to foreclose on

17  a lien or for a money judgment, the prevailing party is

18  entitled to recover all costs, including a reasonable

19  attorney's fee, that it incurs in the action foreclosure. The

20  local governing body shall be entitled to collect all costs

21  incurred in recording and satisfying a valid lien. The

22  continuation of the lien effected by the commencement of the

23  action shall not be good against creditors or subsequent

24  purchasers for valuable consideration without notice, unless a

25  notice of lis pendens is recorded.

26         Section 3.  This act shall take effect July 1, 1999.

27

28

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                HB 1005

    706-108-99






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Authorizes code enforcement boards to sue to recover the
  4    amount of a money judgment on a lien plus interest.
      Provides for a prevailing party to recover all costs,
  5    including attorney's fees, in an action for a money
      judgment on a lien.
  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3