House Bill 0331er

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





    ENROLLED

    2000 Legislature                    CS/HB 331, First Engrossed



  1

  2         An act relating to local government code

  3         enforcement; amending s. 162.09, F.S.;

  4         authorizing local government code enforcement

  5         boards to sue to recover the amount of a money

  6         judgment on a lien plus interest; exemption

  7         certain property from application of certain

  8         money judgment provisions; amending s. 162.10,

  9         F.S.; providing for a prevailing party to

10         recover all costs, including attorney's fees,

11         in an action for a money judgment on a lien;

12         amending s. 162.12, F.S.; providing an

13         alternative location for posting certain

14         notices; limiting application of actions for

15         money judgments to fines levied after a certain

16         date; providing an effective date.

17

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

19

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

21  Statutes, is amended to read:

22         162.09  Administrative fines; costs of repair; liens.--

23         (3)  A certified copy of an order imposing a fine, or a

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

25  and thereafter shall constitute a lien against the land on

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

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

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

29  court judgment by the sheriffs of this state, including

30  execution and levy against the personal property of the

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


                                  1

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




    ENROLLED

    2000 Legislature                    CS/HB 331, First Engrossed



  1  judgment except for enforcement purposes. A fine imposed

  2  pursuant to this part shall continue to accrue until the

  3  violator comes into compliance or until judgment is rendered

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

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

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

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

  8  satisfaction or release of lien entered pursuant to this

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

10  remains unpaid, the enforcement board may authorize the local

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

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

13  accrued interest. No lien created pursuant to the provisions

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

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

16  money judgment provisions of this section shall not apply to

17  real property or personal property which is covered under s.

18  4(a), Art. X of the State Constitution.

19         Section 2.  Section 162.10, Florida Statutes, is

20  amended to read:

21         162.10  Duration of lien.--No lien provided under the

22  Local Government Code Enforcement Boards Act shall continue

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

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

25  time an action to foreclose on the lien is commenced pursuant

26  to s. 162.09(3) in a court of competent jurisdiction. In an

27  action to foreclose on a lien or for a money judgment, the

28  prevailing party is entitled to recover all costs, including a

29  reasonable attorney's fee, that it incurs in the action

30  foreclosure. The local governing body shall be entitled to

31  collect all costs incurred in recording and satisfying a valid


                                  2

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




    ENROLLED

    2000 Legislature                    CS/HB 331, First Engrossed



  1  lien. The continuation of the lien effected by the

  2  commencement of the action shall not be good against creditors

  3  or subsequent purchasers for valuable consideration without

  4  notice, unless a notice of lis pendens is recorded.

  5         Section 3.  Paragraph (b) of subsection (2) of section

  6  162.12, Florida Statutes, is amended to read:

  7         162.12  Notices.--

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

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

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

11  follows:

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

13  (a), such notice may be posted at least 10 days prior to the

14  hearing, or prior to the expiration of any deadline contained

15  in the notice, in at least two locations, one of which shall

16  be the property upon which the violation is alleged to exist

17  and the other of which shall be, in the case of

18  municipalities, at the primary municipal government office,

19  and in the case of counties, at the front door of the

20  courthouse or the main county governmental center in said

21  county.

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

23  person posting the notice, which affidavit shall include a

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

25  posting.

26

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

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

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

30  sufficient to show that the notice requirements of this part

31


                                  3

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




    ENROLLED

    2000 Legislature                    CS/HB 331, First Engrossed



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

  2  violator actually received such notice.

  3         Section 4.  Actions for money judgments under chapter

  4  162, Florida Statutes, may be pursued only on fines levied

  5  after October 1, 2000.

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

  7  law.

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  4