HB 1069

1
A bill to be entitled
2An act relating to government liens; amending s. 162.03,
3F.S.; requiring certain fines or liens to be recorded in
4order to constitute a property lien; authorizing counties
5and municipalities to provide by ordinance that certain
6property conditions are code violations subject to
7enforcement actions; providing legislative findings;
8preempting to the state laws relating to alienation of
9property and foreclosure of mortgages and liens;
10prohibiting local governments from imposing preconditions
11or limitations on alienation of certain property or
12foreclosure of certain mortgages or other liens;
13prohibiting local governments from requiring lenders to
14file or register certain properties; amending s. 162.06,
15F.S.; specifying nonapplication of certain emergency
16repair action requirements to certain enforcement
17procedures; amending s. 162.07, F.S.; conforming a cross-
18reference; amending s. 162.09, F.S.; specifying that
19certain enforcement board actions do not create certain
20obligations or liabilities for damages; requiring
21ordinances assessing certain fines to include certain
22criteria for certain purposes; authorizing code
23enforcement boards to impose a special assessment against
24property for certain purposes; providing special
25assessment requirements; creating s. 162.091, F.S.;
26providing authority and requirements for emergency repairs
27to property by counties or municipalities under certain
28circumstances; providing authority and requirements for
29assessing costs of such repairs; specifying that making
30such repairs does not create certain obligations or
31liabilities for damages; specifying that absence of notice
32does not invalidate certain actions; redesignating and
33amending s. 162.09(3), F.S., as s. 162.092, F.S.; revising
34authority and requirements for recording certain liens
35against property for certain fines and costs; providing
36for such liens to be liens upon personal property also;
37specifying a form for such recorded liens; providing for
38priority of such liens; revising requirements and
39procedures for enforcement of such liens; providing for
40preservation of such liens; providing limitations on fines
41or penalties under such liens; revising enforcement
42procedures for such liens; creating s. 162.093, F.S.;
43authorizing certain persons to enter certain property to
44make repairs; specifying nonapplication of trespass laws
45under such circumstances; amending s. 162.10, F.S.;
46revising provisions specifying the duration of liens;
47amending s. 162.11, F.S.; authorizing appeal of recorded
48liens; creating s. 162.14, F.S.; providing for
49severability of certain provisions; providing a
50legislative declaration; amending s. 222.01, F.S.;
51revising authority, requirements, and procedures for
52declaring and designating property as homestead property;
53authorizing certain additional persons to make such
54declarations; revising the form for a notice of homestead;
55amending s. 695.01, F.S.; revising requirements and
56procedures for recording conveyances to include
57application to mortgages and liens; providing for validity
58of liens for improvements, services, fines, and penalties
59attaching to real property by certain entities; providing
60requirements and procedures; providing for priority of
61such liens; providing for superiority of certain
62provisions; providing for assignment of liens; providing
63for entitlement to receive an assignment of lien;
64providing for enforcement; providing severability;
65providing an effective date.
66
67Be It Enacted by the Legislature of the State of Florida:
68
69     Section 1.  Section 162.03, Florida Statutes, is amended to
70read:
71     162.03  Applicability.-
72     (1)  Each county or municipality may by ordinance, at its
73option, create or abolish by ordinance local government code
74enforcement boards as provided in this chapter herein.
75     (2)  A charter county, a noncharter county, or a
76municipality may, by ordinance, adopt an alternate code
77enforcement system that gives code enforcement boards or special
78magistrates designated by the local governing body, or both, the
79authority to hold hearings and assess fines against violators of
80the respective county or municipal codes and ordinances. A
81special magistrate shall have the same status as an enforcement
82board under this chapter. References in this chapter to an
83enforcement board, except in s. 162.05, shall include a special
84magistrate if the context permits. Any fine or lien assessed by
85such alternate code enforcement system must be recorded as
86provided in s. 162.092 before such fine or lien constitutes a
87lien on any real or personal property.
88     (3)  In addition to any other matters addressed in its code
89of ordinances, each county or municipality may by ordinance
90provide that the failure to repair a property that falls into
91disrepair, becomes uninhabitable, or creates a danger to public
92health, safety, or welfare is in violation of its code of
93ordinances and subject to enforcement action pursuant to this
94chapter.
95     (4)  The Legislature finds that alienation of property and
96foreclosure of mortgages and liens are areas of the law that
97have been preempted to the state by the laws of this state and
98the Florida Rules of Court. A local government may not by
99ordinance or otherwise impose any preconditions or limitations
100on the alienation of property or the foreclosure of mortgages or
101other liens, other than with regard to property, mortgages, or
102liens owned or held by the local government. Any such ordinance
103or other enactment is void and has no force or effect.
104     (5)  A local government, including a local government with
105home rule powers, may not require lenders to file or register
106abandoned, vacant, or foreclosed properties or properties in
107default.
108     Section 2.  Subsection (4) of section 162.06, Florida
109Statutes, is amended to read:
110     162.06  Enforcement procedure.-
111     (4)  If the code inspector has reason to believe a
112violation or the condition causing the violation presents a
113serious threat to the public health, safety, and welfare or if
114the violation is irreparable or irreversible in nature, the code
115inspector shall make a reasonable effort to notify the violator
116and may immediately notify the enforcement board and request a
117hearing. This subsection does not apply to any action taken
118pursuant to s. 162.091.
119     Section 3.  Subsection (2) of section 162.07, Florida
120Statutes, is amended to read:
121     162.07  Conduct of hearing.-
122     (2)  Each case before an enforcement board shall be
123presented by the local governing body attorney or by a member of
124the administrative staff of the local governing body. If the
125local governing body prevails in prosecuting a case before the
126enforcement board, it shall be entitled to recover all costs
127incurred in prosecuting the case before the board and such costs
128may be included in the lien authorized under s. 162.092
129162.09(3).
130     Section 4.  Subsections (1) and (2) of section 162.09,
131Florida Statutes, are amended to read:
132     162.09  Administrative fines; costs of repair; liens.-
133     (1)  An enforcement board, upon notification by the code
134inspector that an order of the enforcement board has not been
135complied with by the set time or upon finding that a repeat
136violation has been committed, may order the violator to pay a
137fine in an amount specified in this section for each day the
138violation continues past the date set by the enforcement board
139for compliance or, in the case of a repeat violation, for each
140day the repeat violation continues, beginning with the date the
141repeat violation is found to have occurred by the code
142inspector. In addition, if the violation is a violation
143described in s. 162.06(4), the enforcement board shall notify
144the local governing body, which may make all reasonable repairs
145which are required to bring the property into compliance and
146charge the violator with the reasonable cost of the repairs
147along with the fine assessed imposed pursuant to this section.
148     (2)  The making of any such repairs does not create a
149continuing obligation on the part of the local governing body to
150make further repairs or to maintain the property and does not
151create any liability against the local governing body, or any
152person engaged by the local governing body to make such repairs,
153for any damages to the property or for any special, punitive, or
154consequential damages resulting from or arising in the course of
155making such repairs if such repairs were completed in good
156faith. If a finding of a violation or a repeat violation has
157been made as provided in this part, a hearing shall not be
158necessary for issuance of the order imposing the fine. If, after
159due notice and hearing, a code enforcement board finds a
160violation to be irreparable or irreversible in nature, it may
161order the violator to pay a fine as specified in paragraph
162(3)(2)(a).
163     (3)(2)(a)  A fine assessed imposed pursuant to this section
164shall not exceed $250 per day for a first violation and shall
165not exceed $500 per day for a repeat violation, and, in
166addition, may include all costs of repairs pursuant to
167subsection (1) and s. 162.091. However, if a code enforcement
168board finds the violation to be irreparable or irreversible in
169nature, the board it may assess impose a fine not to exceed
170$5,000 per violation.
171     (b)  In determining the amount of the fine, if any, the
172enforcement board shall consider the following factors:
173     1.  The gravity of the violation;
174     2.  Any actions taken by the violator to correct the
175violation; and
176     3.  Any previous violations committed by the violator.
177     (c)  An enforcement board may reduce a fine assessed
178imposed pursuant to this section.
179     (d)  A county or a municipality having a population equal
180to or greater than 50,000 may adopt, by a vote of at least a
181majority plus one of the entire governing body of the county or
182municipality, an ordinance that gives code enforcement boards or
183special magistrates, or both, authority to assess impose fines
184in excess of the limits set forth in paragraph (a). Such fines
185shall not exceed $1,000 per day per violation for a first
186violation, $5,000 per day per violation for a repeat violation,
187and up to $15,000 per violation if the code enforcement board or
188special magistrate finds the violation to be irreparable or
189irreversible in nature. Any ordinance assessing such fines must
190include criteria to be considered by the enforcement board or
191special magistrate in determining the amount of the fines,
192including, but not limited to, those factors set forth in
193paragraph (b).
194     (4)(a)  In addition to any such fines assessed, a code
195enforcement board or special magistrate may impose a special
196assessment against the property on which the violation exists
197additional fines to cover:
198     1.  All costs incurred by the local government in:
199     a.  Making any emergency repairs pursuant to s. 162.091.
200     b.  Making any repairs ordered by the local governing body
201or the enforcement board pursuant to this section.
202     c.  Identifying and notifying the parties to be notified.
203     d.  Recording the copy of the lien and any releases
204thereof.
205     2.  Reasonable charges for direct costs incurred in:
206     a.  Enforcing the violation of codes giving rise to the
207need for the repairs.
208     b.  Making subsequent inspections to confirm repairs have
209been completed enforcing its codes and all costs of repairs
210pursuant to subsection (1). Any ordinance imposing such fines
211shall include criteria to be considered by the code enforcement
212board or special magistrate in determining the amount of the
213fines, including, but not limited to, those factors set forth in
214paragraph (b).
215     (b)  The special assessment shall be set forth as an amount
216separate from any fines assessed and shall specifically state
217that the cost assessment portion constitutes a lien on such
218property equal in priority to real property taxes as set forth
219in s. 162.092.
220     Section 5.  Section 162.091, Florida Statutes, is created
221to read:
222     162.091  Emergency repairs; costs of repairs.-
223     (1)  A county or municipal official may institute any
224emergency repairs necessary or appropriate to mitigate a
225violation of the county's or municipality's code of ordinances
226that presents a serious threat to the public health, safety, or
227welfare if:
228     (a)  The code enforcement board is not scheduled to meet
229within the next 48 hours.
230     (b)  The local governing body has delegated the authority
231to institute emergency repairs to that official.
232     (c)  The code inspector has made a reasonable effort to
233notify the owner of record of the property on which the
234violation exists and the holder or servicer of the first
235mortgage on such property.
236     (2)  The official instituting emergency repairs shall
237advise the code enforcement board of all costs incurred in
238making the emergency repairs and any costs of identifying and
239notifying the parties required to be notified. The code
240enforcement board shall review such costs and, if the board
241deems the costs to be reasonable under the circumstances, cause
242such costs to be assessed pursuant to s. 162.09.
243     (3)  The making of any such repairs by the official does
244not create a continuing obligation on the part of the local
245governing body to make further repairs or to maintain the
246property and does not create any liability against the local
247governing body, or any person engaged by the local governing
248body to make such repairs, for any damages to the property or
249for any special, punitive, or consequential damages resulting
250from or arising in the course of making such repairs.
251     (4)  The failure or inability to notify any parties under
252this section does not invalidate any action taken pursuant this
253section or the assessment of costs incurred in connection with
254such action.
255     Section 6.  Subsection (3) of section 162.09, Florida
256Statutes, is designated as section 162.092, Florida Statutes,
257and amended to read:
258     162.092  Liens.-
259     (1)(3)  A lien for certified copy of an order imposing a
260fine, for or a cost assessment alone, or for a fine plus a cost
261assessment, which lien identifies the owner and contains a valid
262legal description and the tax or parcel identification number
263applicable as of the date of assessment repair costs, may be
264recorded in the official public records as defined in s. 28.222
265and thereafter shall constitute a lien against the land on which
266the violation exists and upon any other real or personal
267property owned by the violator. Upon recording notice of the
268lien in the central database of judgment liens on personal
269property maintained by the Department of State in accordance
270with ss. 55.201-55.209, such lien shall also constitute a lien
271upon any personal property owned by the violator. The obligation
272to pay any fines or assessments shall also be a personal
273obligation of the owner of the property at the time the owner of
274the property was notified of the violation and the fine, cost,
275or fine plus cost was assessed.
276     (2)  The recorded lien may be in substantially the
277following form and must include the information and the warning
278contained in the following form:
279
280
WARNING!
281THIS LEGAL DOCUMENT REFLECTS THAT A GOVERNMENT LIEN HAS BEEN
282PLACED ON THE REAL PROPERTY LISTED HEREIN. THIS LIEN MAY REMAIN
283VALID FOR TWENTY (20) YEARS FROM THE DATE OF RECORDING AND SHALL
284EXPIRE AND BECOME VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE
285BEEN COMMENCED TO FORECLOSE THIS LIEN AND A LIS PENDENS HAS BEEN
286RECORDED IN THE OFFICIAL RECORDS.
287
288
GOVERNMENTAL LIEN
289
(SECTIONS 162.09, 162.091, & 162.092, FLORIDA STATUTES)
290
291STATE OF FLORIDA
292COUNTY OF ______
293
294Before me, the undersigned notary public, personally appeared
295...(Name/Title)..., who was duly sworn and says that the
296...(Governmental Entity)..., whose address is __________ ,
297assesses a lien, which is equal in priority to real property
298taxes, against the below described real property pursuant to
299...(Ordinance/Statute Number)... for the following costs which
300it has incurred:
301     1.  Emergency repairs pursuant to section 162.091, Florida
302Statutes:  $________
303     2.  Repairs ordered by the local governing body or the
304enforcement board:  $________
305     3.  Costs of identifying or notifying the
306parties:  $________
307     4.  Cost of recording the copy of the lien and proposed
308releases:  $________
309     5.  Direct cost of enforcing the violation of codes giving
310rise to the need for the repair:  $________
311     6.  Direct cost of making subsequent inspections to confirm
312repairs have been made:  $________
313     TOTAL:  $________
314
315The total amount shall constitute a lien on the owner's
316property, notwithstanding any homestead protections provided by
317Article X, Section 4(a) of the State Constitution.
318
319The following fine pursuant to ...(Ordinance/Statute Number)...
320shall constitute a lien on the owner's property subject to the
321provisions of Article X, Section 4(a) of the State Constitution
322on the following described real property in __________ County,
323Florida:
324     First Violation:  $        per day commencing ...(Date)...
325     Repeat Violation:  $        per day commencing ...(Date)...
326     Property Legal Description:
327
328     [Must include full legal description of property, not
329abbreviated description from tax rolls]
330
331     Parcel I.D. Number:
332owned by ...(Name of Owner)... whose address is shown as
333__________ in the tax rolls of __________ County, Florida. A
334copy of the notification of a violation of ...(Ordinance/Statute
335Number)... was ...(Sent by Certified Mail/Posted)... on
336...(Date)....
337
338Estoppel letters, additional information regarding this lien,
339and satisfactions of the lien are available by contacting
340...(Name/Title)... at ...(Address)..., telephone number:
341...(Telephone Number)....
342...(Governmental Entity)...
343By: ...(Name/Title)...
344Sworn to (or affirmed) and subscribed before me this _____ day
345of __________, 20____ by ...(Name of Notary Public)....
346
347(SEAL)
348_______________________________________
349...(Signature of Notary Public)...
350Personally Known ______ OR Produced Identification ______
351Type of Identification Produced _________________________
352
353     (3)  The recorded lien for a cost assessment pursuant to s.
354162.09(4) or s. 162.091 constitutes a lien on such property
355equal in priority to real property taxes and is an obligation
356contracted for the improvement or repair of the property and an
357assessment within the meaning of s. 4, Art. X of the State
358Constitution. The cost assessment attaches and may be enforced
359without regard to whether the land on which the violation exists
360is the homestead of the owner of the property. Such lien is not
361eliminated by the foreclosure of any mortgage or lien
362subordinate to real property taxes and may not be prevented from
363attaching under the lis pendens provisions of s. 48.23.
364     (4)  A lien for any fine or penalty assessed pursuant to
365this chapter, and any accrual of interest on such fine or
366penalty, takes priority only as of the recordation of the lien,
367may be eliminated in a foreclosure of superior liens or
368mortgages, and is subject to the lis pendens provisions of s.
36948.23. The elimination of a lien for fines by foreclosure does
370not preclude a code enforcement board from assessing future
371violations against a subsequent owner of the property as to any
372uncorrected violations.
373     (5)  Upon petition to the circuit court, the lien such
374order shall be enforceable in the same manner as a court
375judgment by the sheriffs of this state, including execution and
376levy against the property on which the violation exists or other
377real or personal property of the violator, but the lien such
378order shall not be deemed to be a court judgment except for
379enforcement purposes. A fine assessed imposed pursuant to this
380part shall continue to accrue until the violator comes into
381compliance or until judgment is rendered in a suit filed
382pursuant to this section, whichever occurs first. A lien arising
383from a fine assessed imposed pursuant to this section runs in
384favor of the local governing body. Within 30 days after payment,
385and the local governing body or authorized officer of the local
386governing body shall may execute and cause to be recorded a
387satisfaction or release of lien in each recording office where
388such lien was recorded entered pursuant to this section. After 3
389months from the filing of any such lien which remains unpaid,
390the enforcement board may authorize the local governing body
391attorney to foreclose on the lien or to sue to recover a money
392judgment for the amount of the lien plus accrued interest. A No
393lien for a fine assessed created pursuant to s. 162.09(3)
394not attach to or the provisions of this part may be foreclosed
395on real property which is a homestead under s. 4, Art. X of the
396State Constitution. The money judgment provisions of this
397section shall not apply to real property or personal property
398which is covered under s. 4(a), Art. X of the State
399Constitution.
400     Section 7.  Section 162.093, Florida Statutes, is created
401to read:
402     162.093  Trespass.-A code inspector, any government
403official delegated authority to make emergency repairs, and any
404municipal or county employee or other person engaged by the
405local government to make repairs pursuant to ss. 162.09 and
406162.091 may enter privately owned properties, including, but not
407limited to, fenced yards, vacant structures, and pool
408enclosures, for purposes of making inspections and repairs as
409authorized by this chapter. As provided in s. 810.12(5), laws
410relating to trespass do not apply to such persons while
411performing services within the scope of their employment.
412     Section 8.  Section 162.10, Florida Statutes, is amended to
413read:
414     162.10  Duration of lien.-A No lien provided under this
415chapter may not the Local Government Code Enforcement Boards Act
416shall continue for a period longer than 20 years after the lien
417certified copy of an order imposing a fine has been recorded,
418unless within that time an action is commenced pursuant to s.
419162.092 162.09(3) in a court of competent jurisdiction and a lis
420pendens is filed in the official records. In an action to
421foreclose on a lien or for a money judgment, the prevailing
422party is entitled to recover all costs, including a reasonable
423attorney's fee, that it incurs in the action. The local
424governing body shall be entitled to collect all costs incurred
425in recording and satisfying a valid lien. The continuation of
426the lien effected by the commencement of the action shall not be
427good against creditors or subsequent purchasers for valuable
428consideration without notice, unless a notice of lis pendens is
429recorded.
430     Section 9.  Section 162.11, Florida Statutes, is amended to
431read:
432     162.11  Appeals.-An aggrieved party, including the local
433governing body, may appeal a recorded lien or a final
434administrative order of an enforcement board to the circuit
435court. Such an appeal shall not be a hearing de novo but shall
436be limited to appellate review of the record created before the
437enforcement board. An appeal shall be filed within 30 days after
438of the recording of the lien or execution of the order to be
439appealed.
440     Section 10.  Section 162.14, Florida Statutes, is created
441to read:
442     162.14  Severability; legislative declaration.-If any
443provision of this chapter is held or declared to be
444unconstitutional, illegal, invalid, inoperative, ineffective,
445inapplicable, or void, such holding or declaration does not
446affect the other provisions of this chapter or the application
447of the other provisions of this chapter to any other
448circumstance. The Legislature declares that any provision of
449this chapter held as such did not induce the enactment of the
450chapter and that without the inclusion of the provisions of this
451chapter held as such, the Legislature would have enacted the
452other provisions of this chapter.
453     Section 11.  Section 222.01, Florida Statutes, is amended
454to read:
455     222.01  Designation of homestead by owner before levy.-
456     (1)  Whenever any natural person residing in this state
457desires to avail himself or herself of the benefit of the
458provisions of the constitution and laws exempting property as a
459homestead from forced sale under any process of law, he or she
460may make a statement, in writing, containing a description of
461the real property, mobile home, or modular home claimed to be
462exempt and declaring that the real property, mobile home, or
463modular home is the homestead of the party in whose behalf such
464claim is being made. If relevant, such a statement may also be
465made by a subsequent owner, lienholder, or successor in interest
466of such property to a party who could have claimed the real
467property, mobile home, or modular home was homestead through the
468date his or her interest in the property was relinquished or
469conveyed. Such statement shall be signed by the person making it
470and shall be recorded in the circuit court.
471     (2)  When a certified copy of a judgment under has been
472filed in the public records of a county pursuant to chapter 55,
473a code enforcement lien under chapter 162 other than a cost
474assessment lien under s. 162.09(4), or a lien for any other
475purpose imposed by a court or governmental body exists or has
476been filed in the official records of a county, a person who is
477entitled to the benefit of the provisions of the State
478Constitution exempting real property as homestead, or a
479lienholder, subsequent owner, or successor in interest of such
480property, and who has a contract to sell or a commitment from a
481lender for a mortgage on the homestead may file a notice of
482homestead in the official public records of the county in which
483the homestead property is located in substantially the following
484form, with allowance for modifications if the notice is being
485given by a lienholder, subsequent owner, or successor in
486interest of such property:
487
488
NOTICE OF HOMESTEAD
489
490To:...(Name and address of judgment creditor or lienholder as
491shown on recorded judgment or lien and name and address of any
492other person shown in the recorded judgment or lien to receive a
493copy of the Notice of Homestead)....
494
495You are notified that the undersigned claims as homestead exempt
496from levy and execution under Section 4, Article X of the State
497Constitution, the following described property:
498
499
...(Legal description)...
500
501The undersigned certifies, under oath, that he or she has
502applied for and received the homestead tax exemption as to the
503above-described property, that _____ is the tax identification
504parcel number of this property, and that the undersigned has
505resided on this property continuously and uninterruptedly from
506...(date)... to the date of this Notice of Homestead. Further,
507the undersigned will either convey or mortgage the above-
508described property pursuant to the following:
509
510...(Describe the contract of sale or loan commitment by date,
511names of parties, date of anticipated closing, and amount. The
512name, address, and telephone number of the person conducting the
513anticipated closing must be set forth.)...
514
515The undersigned also certifies, under oath, that the lien or
516judgment lien filed by you on ...(date)... and recorded in
517Official Records Book _____, Page _____, of the Public Records
518of __________ County, Florida, does not constitute a valid lien
519on the described property.
520
521YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ.,
522FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS
523NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF
524__________ COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO
525DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT
526PROPERTY OR TO FORECLOSE YOUR LIEN OR JUDGMENT LIEN ON THE
527PROPERTY AND RECORD A LIS PENDENS IN THE OFFICIAL PUBLIC RECORDS
528OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO
529ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS
530AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN
531COMMITMENT TO TAKE FREE AND CLEAR OF ANY LIEN OR JUDGMENT LIEN
532YOU MAY HAVE ON THE PROPERTY.
533
534This _____ day of _______________, 2_____.
535______________________________
536...(Signature of Owner)...
537______________________________
538...(Printed Name of Owner)...
539______________________________
540...(Owner's Address)...
541
542Sworn to and subscribed before me by
543______________________________ who is personally known to me or
544produced ______________________________ as identification, this
545_____ day of _______________, 2_____.
546______________________________
547Notary Public
548     (3)  The clerk shall mail a copy of the notice of homestead
549to the judgment lienor or lienholder, by certified mail, return
550receipt requested, at the address shown in the most recent
551recorded lien, judgment, or accompanying affidavit, and to any
552other person designated in the most recent recorded lien,
553judgment, or accompanying affidavit to receive the notice of
554homestead, and shall certify to such service on the face of such
555notice and record the notice. Notwithstanding the use of
556certified mail, return receipt requested, service shall be
557deemed complete upon mailing.
558     (4)  A lien pursuant to chapter 55 of any lienor upon whom
559such notice is served, who fails to institute an action for a
560declaratory judgment to determine the constitutional homestead
561status of the property described in the notice of homestead or
562to file an action to foreclose the lien or judgment lien,
563together with the filing of a lis pendens in the official public
564records of the county in which the homestead is located, within
56545 days after service of such notice shall be deemed as not
566attaching to the property by virtue of its status as homestead
567property:
568     (a)   As to the interest of any buyer or lender, or his or
569her successors or assigns, who takes under the contract of sale
570or loan commitment described above within 180 days after the
571filing in the official public records of the notice of
572homestead; or
573     (b)  As to the interest of any subsequent owner,
574lienholder, or successor in interest of the property who filed a
575notice under subsection (2).
576
577This subsection shall not act to prohibit a lien from attaching
578to the real property described in the notice of homestead at
579such time as the property loses its homestead status.
580     (5)  As provided in s. 4, Art. X of the State Constitution,
581this subsection shall not apply to:
582     (a)  Liens and judgments for the payment of taxes and
583assessments on real property.
584     (b)  Liens and judgments for obligations contracted for the
585purchase of real property.
586     (c)  Liens and judgments for labor, services, or materials
587furnished to repair or improve real property.
588     (d)  Liens and judgments for other obligations contracted
589for house, field, or other labor performed on real property.
590     Section 12.  Section 695.01, Florida Statutes, is amended
591to read:
592     695.01  Conveyances, mortgages, and liens to be recorded.-
593     (1)  A No conveyance, transfer, or mortgage of real
594property, or of any interest in such property therein, and nor
595any lease of real property for a term of 1 year or longer, is
596not valid or shall be good and effectual in law or equity
597against creditors or subsequent purchasers for a valuable
598consideration and without notice, unless the conveyance,
599transfer, mortgage, interest, or lease is same be recorded in
600the official records, as defined in s. 28.222, of the county in
601which the property is located, and according to law; nor shall
602any such instrument made or executed by virtue of any power of
603attorney is not valid or be good or effectual in law or in
604equity against creditors or subsequent purchasers for a valuable
605consideration and without notice unless the power of attorney is
606be recorded in the official records of the county in which the
607property is located before the accruing of the right of such
608creditor or subsequent purchaser. Grantees by quitclaim may not
609be denied the status of a bona fide purchaser without notice
610within the meaning of the recording acts solely based upon
611having received title by a quitclaim deed.
612     (2)  Liens for improvements, services, fines, or penalties
613attaching to real property by any governmental entity, or any
614other quasi-governmental entity authorized to assess, impose, or
615create such liens, except liens for taxes, special assessments
616levied and collected under the uniform method described in s.
617197.3632, and utility services, are valid and effectual against
618creditors and subsequent purchasers for a valuable consideration
619only upon being recorded in the official records of the county
620in which the property is located and containing the name of the
621owner of record, a legally sufficient legal description of the
622property, and the tax or parcel identification number applicable
623to the property as of the date of assessment. The priority of a
624lien described in this subsection is based upon its order of
625recordation unless the recorded notice of such lien clearly
626states a higher priority and includes a citation to the statute
627or ordinance authorizing such higher priority. This section
628supersedes any conflicting home rule power provisions and any
629provisions granting authority under any act, ordinance, or order
630creating any governmental or quasi-governmental entity.
631     (3)  Liens assessed, imposed, or created by any
632governmental or quasi-governmental entity may be assigned by
633assignment recorded in the official records of the county in
634which the property is located. Any person other than the present
635owner of the property involved who pays any such unsatisfied
636lien is entitled to receive an assignment of the lien and shall
637be subrogated to the rights of the governmental or quasi-
638governmental entity with respect to the enforcement of such
639lien, as permitted by law. Grantees by quitclaim, heretofore or
640hereafter made, shall be deemed and held to be bona fide
641purchasers without notice within the meaning of the recording
642acts.
643     Section 13.  If any provision of this act or the
644application thereof to any person or circumstance is held
645invalid, the invalidity shall not affect other provisions or
646applications of the act which can be given effect without the
647invalid provision or application, and to this end the provisions
648of this act are declared severable.
649     Section 14.  This act shall take effect July 1, 2010.


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