Senate Bill 0140c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 140
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Geller
316-647-00
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; amending s. 162.12,
6 F.S.; providing an alternative for posting
7 certain notices; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Subsection (3) of section 162.09, Florida
12 Statutes, is amended to read:
13 162.09 Administrative fines; costs of repair; liens.--
14 (3) A certified copy of an order imposing a fine, or a
15 fine plus repair costs, may be recorded in the public records
16 and thereafter shall constitute a lien against the land on
17 which the violation exists and upon any other real or personal
18 property owned by the violator. Upon petition to the circuit
19 court, such order shall be enforceable in the same manner as a
20 court judgment by the sheriffs of this state, including
21 execution and levy against the personal property of the
22 violator, but such order shall not be deemed to be a court
23 judgment except for enforcement purposes. A fine imposed
24 pursuant to this part shall continue to accrue until the
25 violator comes into compliance or until judgment is rendered
26 in a suit to foreclose on a lien filed pursuant to this
27 section, whichever occurs first. A lien arising from a fine
28 imposed pursuant to this section runs in favor of the local
29 governing body, and the local governing body may execute a
30 satisfaction or release of lien entered pursuant to this
31 section. After 3 months from the filing of any such lien that
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 140
316-647-00
1 which remains unpaid, the enforcement board may authorize the
2 local governing body attorney to foreclose on the lien or to
3 sue to recover a money judgment for the amount of the lien
4 plus accrued interest. No lien created pursuant to the
5 provisions of this part may be foreclosed on real property
6 which is a homestead under s. 4, Art. X of the State
7 Constitution.
8 Section 2. Section 162.10, Florida Statutes, is
9 amended to read:
10 162.10 Duration of lien.--No lien provided under the
11 Local Government Code Enforcement Boards Act shall continue
12 for a period longer than 20 years after the certified copy of
13 an order imposing a fine has been recorded, unless within that
14 time an action to foreclose on the lien is commenced pursuant
15 to s. 162.09(3) in a court of competent jurisdiction. In an
16 action to foreclose on a lien or for a money judgment, the
17 prevailing party is entitled to recover all costs, including a
18 reasonable attorney's fee, that it incurs in the action
19 foreclosure. The local governing body shall be entitled to
20 collect all costs incurred in recording and satisfying a valid
21 lien. The continuation of the lien effected by the
22 commencement of the action shall not be good against creditors
23 or subsequent purchasers for valuable consideration without
24 notice, unless a notice of lis pendens is recorded.
25 Section 3. Paragraph (b) of subsection (2) of section
26 162.12, Florida Statutes, is amended to read:
27 162.12 Notices.--
28 (2) In addition to providing notice as set forth in
29 subsection (1), at the option of the code enforcement board,
30 notice may also be served by publication or posting, as
31 follows:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2000 CS for SB 140
316-647-00
1 (b)1. In lieu of publication as described in paragraph
2 (a), such notice may be posted at least 10 days prior to the
3 hearing, or prior to the expiration of any deadline contained
4 in the notice, in at least two locations, one of which must
5 shall be the property upon which the violation is alleged to
6 exist and the other of which must shall be, in the case of
7 municipalities, at the primary municipal government office,
8 and in the case of counties, at the front door of the
9 courthouse or the main county governmental center in the said
10 county.
11 2. Proof of posting must shall be by affidavit of the
12 person posting the notice, which affidavit must shall include
13 a copy of the notice posted and the date and places of its
14 posting.
15 Section 4. Actions for money judgments under chapter
16 162, Florida Statutes, may be pursued only on fines levied
17 after October 1, 2000.
18 Section 5. This act shall take effect upon becoming a
19 law.
20
21 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
22 SB 140
23
24 The CS includes a provision specifying that actions for money
judgments under chapter 162, F.S., may be pursued only on
25 fines levied after October 1, 2000. The CS allows code
enforcement boards the option of posting notices at the main
26 county governmental center as well as the county courthouse.
The CS also includes a number of technical changes to the
27 bill.
28
29
30
31
3