Bill Text: FL H1173 | 2011 | Regular Session | Introduced

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Bill Title: Enforcement/County & Municipal Codes & Ordinances

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1173 Detail]

Download: Florida-2011-H1173-Introduced.html

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HB 1173

1	A bill to be entitled
2	An act relating to the enforcement of county and municipal
3	codes and ordinances; amending s. 162.12, F.S.;
4	authorizing notices relating to a code violation to be
5	sent by certified mail to the property owner at an address
6	provided to the local government for the purposes of
7	receiving notices or to the registered agent of a
8	corporation for property owned by a corporation; deleting
9	a requirement for such notices to be sent by first-class
10	mail; amending s. 162.21, F.S.; authorizing a code
11	enforcement officer to immediately issue a citation for a
12	code violation if the violator is engaged in violations of
13	an itinerant or transient nature; amending s. 173.01,
14	F.S.; authorizing a municipality or its assignee to
15	foreclose on an abatement assessment lien against real
16	property; amending s. 173.03, F.S.; authorizing a
17	foreclosure for an abatement assessment lien after the
18	conclusion of proceedings to challenge the lien or after a
19	certain period after the lien is recorded in the official
20	records; making grammatical and technical changes;
21	amending s. 173.04, F.S.; authorizing a municipality or
22	its assignee to enforce an abatement assessment lien in
23	circuit court by a bill in chancery that describes the
24	delinquent lien and the lands to which the lien applies;
25	making grammatical and technical changes; creating s.
26	173.16, F.S.; authorizing a municipality to assign an
27	abatement assessment lien to a private party under certain
28	circumstances; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 162.12, Florida Statutes, is amended to
33	read:
34	162.12  Notices.-
35	(1)  All notices required by this part shall be provided to
36	the alleged violator by:
37	(a)  Certified mail, return receipt requested to, provided
38	if such notice is sent under this paragraph to the owner of the
39	property in question at the address listed in the tax
40	collector's office for tax notices or to, and at any other
41	address provided by the property owner in writing to the local
42	government for the purposes of receiving notices. For property
43	owned by a corporation, notices may be provided by certified
44	mail, return receipt requested, to the registered agent of the
45	corporation. If any notice sent by certified mail by such owner
46	and is not signed as received within 30 days after the date of
47	mailing returned as unclaimed or refused, notice may be provided
48	by posting as described in subparagraphs (2)(b)1. and 2. and by
49	first class mail directed to the addresses furnished to the
50	local government with a properly executed proof of mailing or
51	affidavit confirming the first class mailing;
52	(b)  Hand delivery by the sheriff or other law enforcement
53	officer, code inspector, or other person designated by the local
54	governing body;
55	(c)  Leaving the notice at the violator's usual place of
56	residence with any person residing therein who is above 15 years
57	of age and informing such person of the contents of the notice;
58	or
59	(d)  In the case of commercial premises, leaving the notice
60	with the manager or other person in charge.
61	(2)  In addition to providing notice as set forth in
62	subsection (1), at the option of the code enforcement board,
63	notice may also be served by publication or posting, as follows:
64	(a)1.  Such notice shall be published once during each week
65	for 4 consecutive weeks (four publications being sufficient) in
66	a newspaper of general circulation in the county where the code
67	enforcement board is located. The newspaper shall meet such
68	requirements as are prescribed under chapter 50 for legal and
69	official advertisements.
70	2.  Proof of publication shall be made as provided in ss.
71	50.041 and 50.051.
72	(b)1.  In lieu of publication as described in paragraph
73	(a), such notice may be posted at least 10 days prior to the
74	hearing, or prior to the expiration of any deadline contained in
75	the notice, in at least two locations, one of which shall be the
76	property upon which the violation is alleged to exist and the
77	other of which shall be, in the case of municipalities, at the
78	primary municipal government office, and in the case of
79	counties, at the front door of the courthouse or the main county
80	governmental center in said county.
81	2.  Proof of posting shall be by affidavit of the person
82	posting the notice, which affidavit shall include a copy of the
83	notice posted and the date and places of its posting.
84	(c)  Notice by publication or posting may run concurrently
85	with, or may follow, an attempt or attempts to provide notice by
86	hand delivery or by mail as required under subsection (1).
87
88	Evidence that an attempt has been made to hand deliver or mail
89	notice as provided in subsection (1), together with proof of
90	publication or posting as provided in subsection (2), is shall
91	be sufficient to show that the notice requirements of this part
92	have been met, without regard to whether or not the alleged
93	violator actually received such notice.
94	Section 2.  Subsection (3) of section 162.21, Florida
95	Statutes, is amended to read:
96	162.21  Enforcement of county or municipal codes or
97	ordinances; penalties.-
98	(3)(a)  A code enforcement officer is authorized to issue a
99	citation to a person when, based upon personal investigation,
100	the officer has reasonable cause to believe that the person has
101	committed a civil infraction in violation of a duly enacted code
102	or ordinance and that the county court will hear the charge.
103	(b)  Prior to issuing a citation, a code enforcement
104	officer shall provide notice to the person that the person has
105	committed a violation of a code or ordinance and shall establish
106	a reasonable time period within which the person must correct
107	the violation. Such time period shall be no more than 30 days.
108	If, upon personal investigation, a code enforcement officer
109	finds that the person has not corrected the violation within the
110	time period, a code enforcement officer may issue a citation to
111	the person who has committed the violation. A code enforcement
112	officer does not have to provide the person with a reasonable
113	time period to correct the violation prior to issuing a citation
114	and may immediately issue a citation if:
115	1.  A repeat violation is found; or
116	2.  If The code enforcement officer has reason to believe
117	that the violation presents a serious threat to the public
118	health, safety, or welfare, or if the violation is irreparable
119	or irreversible; or
120	3.  The violator is engaged in violations of an itinerant
121	or transient nature, as defined in the local code or ordinance.
122	(c)  A citation issued by a code enforcement officer shall
123	be in a form prescribed by the county or the municipality and
124	shall contain:
125	1.  The date and time of issuance.
126	2.  The name and address of the person to whom the citation
127	is issued.
128	3.  The date and time the civil infraction was committed.
129	4.  The facts constituting reasonable cause.
130	5.  The number or section of the code or ordinance
131	violated.
132	6.  The name and authority of the code enforcement officer.
133	7.  The procedure for the person to follow in order to pay
134	the civil penalty or to contest the citation.
135	8.  The applicable civil penalty if the person elects to
136	contest the citation.
137	9.  The applicable civil penalty if the person elects not
138	to contest the citation.
139	10.  A conspicuous statement that if the person fails to
140	pay the civil penalty within the time allowed, or fails to
141	appear in court to contest the citation, the person shall be
142	deemed to have waived his or her right to contest the citation
143	and that, in such case, judgment may be entered against the
144	person for an amount up to the maximum civil penalty.
145	Section 3.  Section 173.01, Florida Statutes, is amended to
146	read:
147	173.01  Foreclosure of municipal tax certificates and
148	abatement assessment liens authorized.-The lien of any and all
149	taxes, except those ad valorem taxes collectible by the county
150	tax collector, tax certificates, and special assessments, and
151	abatement assessment liens imposed by any municipality
152	incorporated city or town in the state upon real estate may be
153	foreclosed by such municipality or its assignees city or town by
154	suit in chancery. The practice, pleading, and procedure in any
155	such suit must shall be in substantial accordance with the
156	practice, pleading, and procedure for the foreclosure of
157	mortgages of real estate, except as herein otherwise provided.
158	Section 4.  Section 173.03, Florida Statutes, is amended to
159	read:
160	173.03  Conditions determining when suit may be brought;
161	lands and claims included.-
162	(1)  Suit may be brought at any time after any one or more
163	of the following events, respectively:
164	(a)  After the expiration of 2 years from the date of any
165	tax certificate issued and held by a municipality city or town
166	whose charter provides for or requires the issuing of tax
167	certificates for delinquent taxes;
168	(b)  After the expiration of 2 years from the date any tax
169	becomes delinquent which was imposed by a municipality city or
170	town whose charter does not provide for or require the issuing
171	of tax certificates; or
172	(c)  After the expiration of 1 year from the date any
173	special assessment or installment thereof becomes due and
174	payable; or
175	(d)  After the expiration of 1 year from the date of
176	recording of an abatement assessment lien in the public records
177	of the county where the property is located or upon the
178	conclusion of any administrative or judicial proceeding
179	challenging the lien, whichever is later.
180	(2)  The suit may include There may be included in any suit
181	all or any part of the lands upon which tax certificates have
182	been outstanding, or taxes have remained delinquent, or any
183	special assessment or installment thereof shall have been in
184	default, or an abatement assessment lien has been unsatisfied
185	for the respective periods specified in subsection (1). The suit
186	may also include aforesaid, and there may be included therein
187	all claims and demands of the municipality said city or town
188	against the said lands or any part thereof for taxes, tax
189	certificates, and special assessments or installments thereof
190	which may be due and payable to the municipality such city or
191	town at the time of the institution of the such suit.
192	Section 5.  Subsection (1) of section 173.04, Florida
193	Statutes, is amended to read:
194	173.04  Procedure for bringing foreclosure suit;
195	certificate of attorney as to notice of suit; jurisdiction
196	obtained by publication of notice of suit; form of notice.-
197	(1)  Any suit hereby authorized by this chapter shall be
198	commenced by bill in chancery in the circuit court of the county
199	in which the municipality such city or town is situated. The
200	suit may be brought by the municipality or an assignee of the
201	municipality to enforce the, in the name of the city or town
202	whose taxes, tax certificates, and special assessments, and
203	abatement assessment liens that are sought to be enforced, as
204	complainant, and against any or all lands upon which any taxes,
205	tax certificates and special assessments are delinquent (as the
206	case may be) for the periods described in s. 173.03(1). The
207	period aforesaid, as defendant, in which bill in chancery must
208	there shall be briefly describe described the levy or imposition
209	and nonpayment of taxes, and special assessments, or abatement
210	assessments that which are delinquent for the period aforesaid,
211	and of all other taxes and special assessments then due and
212	payable to said city or town and sought to be recovered in such
213	bill, the lands proceeded against, and the amount chargeable to
214	each parcel or tract. It is shall be unnecessary to name in such
215	bill or proceedings any person owning or having any interest in
216	or lien upon such lands as defendants. At least 30 days before
217	prior to the filing of any such bill in chancery, written notice
218	of intention to file the same shall be sent by registered mail
219	to the last known address of the holder of the record title and
220	to the holder of record of each mortgage or other lien, except
221	judgment liens, upon each tract of land to be included in said
222	bill in chancery; such notice shall briefly describe the
223	particular lot or parcel of land, shall state the amount of tax
224	certificate and special assessment liens sought to be enforced,
225	and shall warn the said owner and holders of liens, mortgages,
226	or other liens that on or after the day therein named said bill
227	in chancery to enforce the same will be filed, unless paid on or
228	before said date.
229	Section 6.  Section 173.16, Florida Statutes, is created to
230	read:
231	173.16  Assignment of abatement assessment liens to a
232	private party.-A municipality that imposes a lien against real
233	property for the assessment of costs to abate conditions on the
234	property which pose a threat to the public health, safety, and
235	welfare may assign the lien to a private party for consideration
236	if the lien has been recorded in the official records in the
237	county in which the property is located.
238	Section 7.  This act shall take effect July 1, 2011.

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