Senate Bill 2150

    Florida Senate - 1999                                  SB 2150

    By Senator Geller





    29-1031-99

  1                      A bill to be entitled

  2         An act relating to local government code

  3         enforcement boards; amending ss. 162.09,

  4         162.10, F.S.; authorizing suits to recover

  5         money judgments and costs; providing an

  6         effective date.

  7

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

  9

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

11  Statutes, is amended to read:

12         162.09  Administrative fines; costs of repair; liens.--

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

14  be recorded in the public records and thereafter shall

15  constitute a lien against the land on which the violation

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

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

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

19  sheriffs of this state, including levy against the personal

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

21  judgment except for enforcement purposes. A fine imposed

22  pursuant to this part shall continue to accrue until the

23  violator comes into compliance or until judgment is rendered

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

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

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

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

28  satisfaction or release of lien entered pursuant to this

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

30  remains unpaid, the enforcement board may authorize the local

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

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






    Florida Senate - 1999                                  SB 2150
    29-1031-99




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

  2  accrued interest. No lien created pursuant to the provisions

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

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

  5         Section 2.  Section 162.10, Florida Statutes, is

  6  amended to read:

  7         162.10  Duration of lien.--No lien provided under the

  8  Local Government Code Enforcement Boards Act shall continue

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

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

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

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

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

14  entitled to recover all costs, including a reasonable

15  attorney's fee, that it incurs in the foreclosure. The local

16  governing body shall be entitled to collect all costs incurred

17  in recording and satisfying a valid lien. The continuation of

18  the lien effected by the commencement of the action shall not

19  be good against creditors or subsequent purchasers for

20  valuable consideration without notice, unless a notice of lis

21  pendens is recorded.

22         Section 3.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Authorizes local government code enforcement boards to
      sue for money judgments on liens. Provides for recovery
28    of costs.

29

30

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