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:

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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

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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:

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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.

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21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                              SB 140

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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.

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