Senate Bill 0140

    Florida Senate - 2000                                   SB 140

    By Senator Geller





    29-191-00

  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, or a

14  fine plus repair costs, may be recorded in the public records

15  and thereafter shall constitute a lien against the land on

16  which the violation exists and upon any other real or personal

17  property owned by the violator. Upon petition to the circuit

18  court, such order shall be enforceable in the same manner as a

19  court judgment by the sheriffs of this state, including

20  execution and levy against the personal property of the

21  violator, but such order shall not be deemed to be a court

22  judgment except for enforcement purposes. A fine imposed

23  pursuant to this part shall continue to accrue until the

24  violator comes into compliance or until judgment is rendered

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

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

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

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

29  satisfaction or release of lien entered pursuant to this

30  section. After 3 months from the filing of any such lien that

31  which remains unpaid, the enforcement board may authorize the

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






    Florida Senate - 2000                                   SB 140
    29-191-00




  1  local governing body attorney to foreclose on the lien and to

  2  sue to recover a money judgment for the amount of the lien

  3  plus accrued interest. No lien created pursuant to the

  4  provisions of this part may be foreclosed on real property

  5  which is a homestead under s. 4, Art. X of the State

  6  Constitution.

  7         Section 2.  Section 162.10, Florida Statutes, is

  8  amended to read:

  9         162.10  Duration of lien.--No lien provided under the

10  Local Government Code Enforcement Boards Act shall continue

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

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

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

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

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

16  entitled to recover all costs, including a reasonable

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

18  governing body shall be entitled to collect all costs incurred

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

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

21  be good against creditors or subsequent purchasers for

22  valuable consideration without notice, unless a notice of lis

23  pendens is recorded.

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

25  law.

26

27            *****************************************

28                          SENATE SUMMARY

29    Allows local government code enforcement boards to sue
      for money judgments on liens. Provides for recovery of
30    costs.

31

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