Senate Bill sb0110

    Florida Senate - 2001                                   SB 110

    By Senator Geller





    29-107-01

  1                      A bill to be entitled

  2         An act relating to local government code

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

  4         providing that money judgments on liens apply

  5         to specified real and personal property;

  6         providing an effective date.

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

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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 filed pursuant to this section, whichever occurs

26  first. A lien arising from a fine imposed pursuant to this

27  section runs in favor of the local governing body, and the

28  local governing body may execute a satisfaction or release of

29  lien entered pursuant to this section. After 3 months from the

30  filing of any such lien which remains unpaid, the enforcement

31  board may authorize the local governing body attorney to

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






    Florida Senate - 2001                                   SB 110
    29-107-01




  1  foreclose on the lien or to sue to recover a money judgment

  2  for the amount of the lien plus accrued interest. No lien

  3  created pursuant to the provisions of this part may be

  4  foreclosed on real property which is a homestead under s. 4,

  5  Art. X of the State Constitution. The money judgment

  6  provisions of this section shall not apply to real property or

  7  personal property which is covered under s. 4(a), Art. X of

  8  the State Constitution.

  9         Section 2.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

14    Authorizes local government code enforcement board
      attorneys to sue for money judgments on liens against
15    specified real and personal property.

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