House Bill 1005e2

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                                     HB 1005, Second Engrossed/ntc



  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; authorizing certain

  7         counties or municipalities to adopt ordinances

  8         granting code enforcement boards or special

  9         masters authority to impose certain fines in

10         excess of those authorized by law; specifying

11         limitations; providing requirements; amending

12         s. 162.10, F.S.; providing for a prevailing

13         party to recover all costs, including

14         attorney's fees, in an action for a money

15         judgment on a lien; amending s. 162.12, F. S.;

16         authorizing posting of notices at county

17         governmental centers; providing an effective

18         date.

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

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

23  Statutes, is amended to read:

24         162.09  Administrative fines; costs of repair; liens.--

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

26  be recorded in the public records and thereafter shall

27  constitute a lien against the land on which the violation

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

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

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

31  sheriffs of this state, including levy against the personal


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                                     HB 1005, Second Engrossed/ntc



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

  2  judgment except for enforcement purposes. A fine imposed

  3  pursuant to this part shall continue to accrue until the

  4  violator comes into compliance or until judgment is rendered

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

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

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

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

  9  satisfaction or release of lien entered pursuant to this

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

11  remains unpaid, the enforcement board may authorize the local

12  governing body attorney to foreclose on the lien or to sue to

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

14  accrued interest. No lien created pursuant to the provisions

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

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

17         Section 2.  Paragraph (d) is added to subsection (2) of

18  section 162.09, Florida Statutes, to read:

19         162.09  Administrative fines; costs of repair; liens.--

20         (2)(a)  A fine imposed pursuant to this section shall

21  not exceed $250 per day for a first violation and shall not

22  exceed $500 per day for a repeat violation, and, in addition,

23  may include all costs of repairs pursuant to subsection (1).

24  However, if a code enforcement board finds the violation to be

25  irreparable or irreversible in nature, it may impose a fine

26  not to exceed $5,000 per violation.

27         (b)  In determining the amount of the fine, if any, the

28  enforcement board shall consider the following factors:

29         1.  The gravity of the violation;

30         2.  Any actions taken by the violator to correct the

31  violation; and


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                                     HB 1005, Second Engrossed/ntc



  1         3.  Any previous violations committed by the violator.

  2         (c)  An enforcement board may reduce a fine imposed

  3  pursuant to this section.

  4         (d)  A county or a municipality having a population

  5  equal to or greater than 50,000 may adopt, by a vote of at

  6  least a majority plus one of the entire governing body of the

  7  county or municipality, an ordinance that gives code

  8  enforcement boards or special masters, or both, authority to

  9  impose fines in excess of the limits set forth in paragraph

10  (a).  Such fines shall not exceed $1,000 per day per violation

11  for a first violation, $5,000 per day per violation for a

12  repeat violation, and up to $15,000 per violation if the code

13  enforcement board or special master finds the violation to be

14  irreparable or irreversible in nature.  In addition to such

15  fines, a code enforcement board or special master may impose

16  additional fines to cover all costs incurred by the local

17  government in enforcing its codes and all costs of repairs

18  pursuant to subsection (1).  Any ordinance imposing such fines

19  shall include criteria to be considered by the code

20  enforcement board or special master in determining the amount

21  of the fines, including, but not limited to, those factors set

22  forth in paragraph (b).

23         Section 3.  Section 162.10, Florida Statutes, is

24  amended to read:

25         162.10  Duration of lien.--No lien provided under the

26  Local Government Code Enforcement Boards Act shall continue

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

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

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

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

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


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                                     HB 1005, Second Engrossed/ntc



  1  entitled to recover all costs, including a reasonable

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

  3  local governing body shall be entitled to collect all costs

  4  incurred in recording and satisfying a valid lien. The

  5  continuation of the lien effected by the commencement of the

  6  action shall not be good against creditors or subsequent

  7  purchasers for valuable consideration without notice, unless a

  8  notice of lis pendens is recorded.

  9         Section 4.  Paragraph (b) of subsection (2) of section

10  162.12, Florida Statutes, is amended to read:

11         162.12  Notices--

12  (2)  In addition to providing notice as set forth in

13  subsection (1), at the option of the code enforcement board,

14  notice may also be served by publication or posting, as

15  follows:

16         (b)  1.  In lieu of publication as described in

17  paragraph (a), such notice may be posted for at least 10 days

18  in at least two locations, one of which shall be the property

19  upon which the violation is alleged to exist and the other of

20  which shall be, in the case of municipalities, at the primary

21  municipal government office, and in the case of counties, at

22  the front door of the courthouse or the main county

23  governmental center in said county.

24         2.  Proof of posting shall be by affidavit of the

25  person posting the notice, which affidavit shall include a

26  copy of the notice posted and the date and places of its

27  posting.

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29  Evidence that an attempt has been made to hand deliver or mail

30  notice as provided in subsection (1), together with proof of

31  publication or posting as provided in subsection (2), shall be


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                                     HB 1005, Second Engrossed/ntc



  1  sufficient to show that the notice requirements of this part

  2  have been met, without regard to whether or not the alleged

  3  violator actually received such notice.

  4         Section 5.  This act shall take effect upon becoming a

  5  law.

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