Bill Text: FL H1069 | 2010 | Regular Session | Introduced

---

Bill Title: Government Liens

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Military & Local Affairs Policy (EDCA) [H1069 Detail]

Download: Florida-2010-H1069-Introduced.html

---

HB 1069

1	A bill to be entitled
2	An act relating to government liens; amending s. 162.03,
3	F.S.; requiring certain fines or liens to be recorded in
4	order to constitute a property lien; authorizing counties
5	and municipalities to provide by ordinance that certain
6	property conditions are code violations subject to
7	enforcement actions; providing legislative findings;
8	preempting to the state laws relating to alienation of
9	property and foreclosure of mortgages and liens;
10	prohibiting local governments from imposing preconditions
11	or limitations on alienation of certain property or
12	foreclosure of certain mortgages or other liens;
13	prohibiting local governments from requiring lenders to
14	file or register certain properties; amending s. 162.06,
15	F.S.; specifying nonapplication of certain emergency
16	repair action requirements to certain enforcement
17	procedures; amending s. 162.07, F.S.; conforming a cross-
18	reference; amending s. 162.09, F.S.; specifying that
19	certain enforcement board actions do not create certain
20	obligations or liabilities for damages; requiring
21	ordinances assessing certain fines to include certain
22	criteria for certain purposes; authorizing code
23	enforcement boards to impose a special assessment against
24	property for certain purposes; providing special
25	assessment requirements; creating s. 162.091, F.S.;
26	providing authority and requirements for emergency repairs
27	to property by counties or municipalities under certain
28	circumstances; providing authority and requirements for
29	assessing costs of such repairs; specifying that making
30	such repairs does not create certain obligations or
31	liabilities for damages; specifying that absence of notice
32	does not invalidate certain actions; redesignating and
33	amending s. 162.09(3), F.S., as s. 162.092, F.S.; revising
34	authority and requirements for recording certain liens
35	against property for certain fines and costs; providing
36	for such liens to be liens upon personal property also;
37	specifying a form for such recorded liens; providing for
38	priority of such liens; revising requirements and
39	procedures for enforcement of such liens; providing for
40	preservation of such liens; providing limitations on fines
41	or penalties under such liens; revising enforcement
42	procedures for such liens; creating s. 162.093, F.S.;
43	authorizing certain persons to enter certain property to
44	make repairs; specifying nonapplication of trespass laws
45	under such circumstances; amending s. 162.10, F.S.;
46	revising provisions specifying the duration of liens;
47	amending s. 162.11, F.S.; authorizing appeal of recorded
48	liens; creating s. 162.14, F.S.; providing for
49	severability of certain provisions; providing a
50	legislative declaration; amending s. 222.01, F.S.;
51	revising authority, requirements, and procedures for
52	declaring and designating property as homestead property;
53	authorizing certain additional persons to make such
54	declarations; revising the form for a notice of homestead;
55	amending s. 695.01, F.S.; revising requirements and
56	procedures for recording conveyances to include
57	application to mortgages and liens; providing for validity
58	of liens for improvements, services, fines, and penalties
59	attaching to real property by certain entities; providing
60	requirements and procedures; providing for priority of
61	such liens; providing for superiority of certain
62	provisions; providing for assignment of liens; providing
63	for entitlement to receive an assignment of lien;
64	providing for enforcement; providing severability;
65	providing an effective date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1. Section 162.03, Florida Statutes, is amended to
70	read:
71	162.03 Applicability.-
72	(1) Each county or municipality may by ordinance, at its
73	option, create or abolish by ordinance local government code
74	enforcement boards as provided in this chapter herein.
75	(2) A charter county, a noncharter county, or a
76	municipality may, by ordinance, adopt an alternate code
77	enforcement system that gives code enforcement boards or special
78	magistrates designated by the local governing body, or both, the
79	authority to hold hearings and assess fines against violators of
80	the respective county or municipal codes and ordinances. A
81	special magistrate shall have the same status as an enforcement
82	board under this chapter. References in this chapter to an
83	enforcement board, except in s. 162.05, shall include a special
84	magistrate if the context permits. Any fine or lien assessed by
85	such alternate code enforcement system must be recorded as
86	provided in s. 162.092 before such fine or lien constitutes a
87	lien on any real or personal property.
88	(3) In addition to any other matters addressed in its code
89	of ordinances, each county or municipality may by ordinance
90	provide that the failure to repair a property that falls into
91	disrepair, becomes uninhabitable, or creates a danger to public
92	health, safety, or welfare is in violation of its code of
93	ordinances and subject to enforcement action pursuant to this
94	chapter.
95	(4) The Legislature finds that alienation of property and
96	foreclosure of mortgages and liens are areas of the law that
97	have been preempted to the state by the laws of this state and
98	the Florida Rules of Court. A local government may not by
99	ordinance or otherwise impose any preconditions or limitations
100	on the alienation of property or the foreclosure of mortgages or
101	other liens, other than with regard to property, mortgages, or
102	liens owned or held by the local government. Any such ordinance
103	or other enactment is void and has no force or effect.
104	(5) A local government, including a local government with
105	home rule powers, may not require lenders to file or register
106	abandoned, vacant, or foreclosed properties or properties in
107	default.
108	Section 2. Subsection (4) of section 162.06, Florida
109	Statutes, is amended to read:
110	162.06 Enforcement procedure.-
111	(4) If the code inspector has reason to believe a
112	violation or the condition causing the violation presents a
113	serious threat to the public health, safety, and welfare or if
114	the violation is irreparable or irreversible in nature, the code
115	inspector shall make a reasonable effort to notify the violator
116	and may immediately notify the enforcement board and request a
117	hearing. This subsection does not apply to any action taken
118	pursuant to s. 162.091.
119	Section 3. Subsection (2) of section 162.07, Florida
120	Statutes, is amended to read:
121	162.07 Conduct of hearing.-
122	(2) Each case before an enforcement board shall be
123	presented by the local governing body attorney or by a member of
124	the administrative staff of the local governing body. If the
125	local governing body prevails in prosecuting a case before the
126	enforcement board, it shall be entitled to recover all costs
127	incurred in prosecuting the case before the board and such costs
128	may be included in the lien authorized under s. 162.092
129	162.09(3).
130	Section 4. Subsections (1) and (2) of section 162.09,
131	Florida Statutes, are amended to read:
132	162.09 Administrative fines; costs of repair; liens.-
133	(1) An enforcement board, upon notification by the code
134	inspector that an order of the enforcement board has not been
135	complied with by the set time or upon finding that a repeat
136	violation has been committed, may order the violator to pay a
137	fine in an amount specified in this section for each day the
138	violation continues past the date set by the enforcement board
139	for compliance or, in the case of a repeat violation, for each
140	day the repeat violation continues, beginning with the date the
141	repeat violation is found to have occurred by the code
142	inspector. In addition, if the violation is a violation
143	described in s. 162.06(4), the enforcement board shall notify
144	the local governing body, which may make all reasonable repairs
145	which are required to bring the property into compliance and
146	charge the violator with the reasonable cost of the repairs
147	along with the fine assessed imposed pursuant to this section.
148	(2) The making of any such repairs does not create a
149	continuing obligation on the part of the local governing body to
150	make further repairs or to maintain the property and does not
151	create any liability against the local governing body, or any
152	person engaged by the local governing body to make such repairs,
153	for any damages to the property or for any special, punitive, or
154	consequential damages resulting from or arising in the course of
155	making such repairs if such repairs were completed in good
156	faith. If a finding of a violation or a repeat violation has
157	been made as provided in this part, a hearing shall not be
158	necessary for issuance of the order imposing the fine. If, after
159	due notice and hearing, a code enforcement board finds a
160	violation to be irreparable or irreversible in nature, it may
161	order 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
164	shall not exceed $250 per day for a first violation and shall
165	not exceed $500 per day for a repeat violation, and, in
166	addition, may include all costs of repairs pursuant to
167	subsection (1) and s. 162.091. However, if a code enforcement
168	board finds the violation to be irreparable or irreversible in
169	nature, 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
172	enforcement board shall consider the following factors:
173	1. The gravity of the violation;
174	2. Any actions taken by the violator to correct the
175	violation; and
176	3. Any previous violations committed by the violator.
177	(c) An enforcement board may reduce a fine assessed
178	imposed pursuant to this section.
179	(d) A county or a municipality having a population equal
180	to or greater than 50,000 may adopt, by a vote of at least a
181	majority plus one of the entire governing body of the county or
182	municipality, an ordinance that gives code enforcement boards or
183	special magistrates, or both, authority to assess impose fines
184	in excess of the limits set forth in paragraph (a). Such fines
185	shall not exceed $1,000 per day per violation for a first
186	violation, $5,000 per day per violation for a repeat violation,
187	and up to $15,000 per violation if the code enforcement board or
188	special magistrate finds the violation to be irreparable or
189	irreversible in nature. Any ordinance assessing such fines must
190	include criteria to be considered by the enforcement board or
191	special magistrate in determining the amount of the fines,
192	including, but not limited to, those factors set forth in
193	paragraph (b).
194	(4)(a) In addition to any such fines assessed, a code
195	enforcement board or special magistrate may impose a special
196	assessment against the property on which the violation exists
197	additional 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
201	or 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
204	thereof.
205	2. Reasonable charges for direct costs incurred in:
206	a. Enforcing the violation of codes giving rise to the
207	need for the repairs.
208	b. Making subsequent inspections to confirm repairs have
209	been completed enforcing its codes and all costs of repairs
210	pursuant to subsection (1). Any ordinance imposing such fines
211	shall include criteria to be considered by the code enforcement
212	board or special magistrate in determining the amount of the
213	fines, including, but not limited to, those factors set forth in
214	paragraph (b).
215	(b) The special assessment shall be set forth as an amount
216	separate from any fines assessed and shall specifically state
217	that the cost assessment portion constitutes a lien on such
218	property equal in priority to real property taxes as set forth
219	in s. 162.092.
220	Section 5. Section 162.091, Florida Statutes, is created
221	to read:
222	162.091 Emergency repairs; costs of repairs.-
223	(1) A county or municipal official may institute any
224	emergency repairs necessary or appropriate to mitigate a
225	violation of the county's or municipality's code of ordinances
226	that presents a serious threat to the public health, safety, or
227	welfare if:
228	(a) The code enforcement board is not scheduled to meet
229	within the next 48 hours.
230	(b) The local governing body has delegated the authority
231	to institute emergency repairs to that official.
232	(c) The code inspector has made a reasonable effort to
233	notify the owner of record of the property on which the
234	violation exists and the holder or servicer of the first
235	mortgage on such property.
236	(2) The official instituting emergency repairs shall
237	advise the code enforcement board of all costs incurred in
238	making the emergency repairs and any costs of identifying and
239	notifying the parties required to be notified. The code
240	enforcement board shall review such costs and, if the board
241	deems the costs to be reasonable under the circumstances, cause
242	such costs to be assessed pursuant to s. 162.09.
243	(3) The making of any such repairs by the official does
244	not create a continuing obligation on the part of the local
245	governing body to make further repairs or to maintain the
246	property and does not create any liability against the local
247	governing body, or any person engaged by the local governing
248	body to make such repairs, for any damages to the property or
249	for any special, punitive, or consequential damages resulting
250	from or arising in the course of making such repairs.
251	(4) The failure or inability to notify any parties under
252	this section does not invalidate any action taken pursuant this
253	section or the assessment of costs incurred in connection with
254	such action.
255	Section 6. Subsection (3) of section 162.09, Florida
256	Statutes, is designated as section 162.092, Florida Statutes,
257	and amended to read:
258	162.092 Liens.-
259	(1)(3) A lien for certified copy of an order imposing a
260	fine, for or a cost assessment alone, or for a fine plus a cost
261	assessment, which lien identifies the owner and contains a valid
262	legal description and the tax or parcel identification number
263	applicable as of the date of assessment repair costs, may be
264	recorded in the official public records as defined in s. 28.222
265	and thereafter shall constitute a lien against the land on which
266	the violation exists and upon any other real or personal
267	property owned by the violator. Upon recording notice of the
268	lien in the central database of judgment liens on personal
269	property maintained by the Department of State in accordance
270	with ss. 55.201-55.209, such lien shall also constitute a lien
271	upon any personal property owned by the violator. The obligation
272	to pay any fines or assessments shall also be a personal
273	obligation of the owner of the property at the time the owner of
274	the property was notified of the violation and the fine, cost,
275	or fine plus cost was assessed.
276	(2) The recorded lien may be in substantially the
277	following form and must include the information and the warning
278	contained in the following form:
279
280	WARNING!
281	THIS LEGAL DOCUMENT REFLECTS THAT A GOVERNMENT LIEN HAS BEEN
282	PLACED ON THE REAL PROPERTY LISTED HEREIN. THIS LIEN MAY REMAIN
283	VALID FOR TWENTY (20) YEARS FROM THE DATE OF RECORDING AND SHALL
284	EXPIRE AND BECOME VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE
285	BEEN COMMENCED TO FORECLOSE THIS LIEN AND A LIS PENDENS HAS BEEN
286	RECORDED IN THE OFFICIAL RECORDS.
287
288	GOVERNMENTAL LIEN
289	(SECTIONS 162.09, 162.091, & 162.092, FLORIDA STATUTES)
290
291	STATE OF FLORIDA
292	COUNTY OF ______
293
294	Before me, the undersigned notary public, personally appeared
295	...(Name/Title)..., who was duly sworn and says that the
296	...(Governmental Entity)..., whose address is __________ ,
297	assesses a lien, which is equal in priority to real property
298	taxes, against the below described real property pursuant to
299	...(Ordinance/Statute Number)... for the following costs which
300	it has incurred:
301	1. Emergency repairs pursuant to section 162.091, Florida
302	Statutes: $________
303	2. Repairs ordered by the local governing body or the
304	enforcement board: $________
305	3. Costs of identifying or notifying the
306	parties: $________
307	4. Cost of recording the copy of the lien and proposed
308	releases: $________
309	5. Direct cost of enforcing the violation of codes giving
310	rise to the need for the repair: $________
311	6. Direct cost of making subsequent inspections to confirm
312	repairs have been made: $________
313	TOTAL: $________
314
315	The total amount shall constitute a lien on the owner's
316	property, notwithstanding any homestead protections provided by
317	Article X, Section 4(a) of the State Constitution.
318
319	The following fine pursuant to ...(Ordinance/Statute Number)...
320	shall constitute a lien on the owner's property subject to the
321	provisions of Article X, Section 4(a) of the State Constitution
322	on the following described real property in __________ County,
323	Florida:
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
329	abbreviated description from tax rolls]
330
331	Parcel I.D. Number:
332	owned by ...(Name of Owner)... whose address is shown as
333	__________ in the tax rolls of __________ County, Florida. A
334	copy of the notification of a violation of ...(Ordinance/Statute
335	Number)... was ...(Sent by Certified Mail/Posted)... on
336	...(Date)....
337
338	Estoppel letters, additional information regarding this lien,
339	and satisfactions of the lien are available by contacting
340	...(Name/Title)... at ...(Address)..., telephone number:
341	...(Telephone Number)....
342	...(Governmental Entity)...
343	By: ...(Name/Title)...
344	Sworn to (or affirmed) and subscribed before me this _____ day
345	of __________, 20____ by ...(Name of Notary Public)....
346
347	(SEAL)
348	_______________________________________
349	...(Signature of Notary Public)...
350	Personally Known ______ OR Produced Identification ______
351	Type of Identification Produced _________________________
352
353	(3) The recorded lien for a cost assessment pursuant to s.
354	162.09(4) or s. 162.091 constitutes a lien on such property
355	equal in priority to real property taxes and is an obligation
356	contracted for the improvement or repair of the property and an
357	assessment within the meaning of s. 4, Art. X of the State
358	Constitution. The cost assessment attaches and may be enforced
359	without regard to whether the land on which the violation exists
360	is the homestead of the owner of the property. Such lien is not
361	eliminated by the foreclosure of any mortgage or lien
362	subordinate to real property taxes and may not be prevented from
363	attaching under the lis pendens provisions of s. 48.23.
364	(4) A lien for any fine or penalty assessed pursuant to
365	this chapter, and any accrual of interest on such fine or
366	penalty, takes priority only as of the recordation of the lien,
367	may be eliminated in a foreclosure of superior liens or
368	mortgages, and is subject to the lis pendens provisions of s.
369	48.23. The elimination of a lien for fines by foreclosure does
370	not preclude a code enforcement board from assessing future
371	violations against a subsequent owner of the property as to any
372	uncorrected violations.
373	(5) Upon petition to the circuit court, the lien such
374	order shall be enforceable in the same manner as a court
375	judgment by the sheriffs of this state, including execution and
376	levy against the property on which the violation exists or other
377	real or personal property of the violator, but the lien such
378	order shall not be deemed to be a court judgment except for
379	enforcement purposes. A fine assessed imposed pursuant to this
380	part shall continue to accrue until the violator comes into
381	compliance or until judgment is rendered in a suit filed
382	pursuant to this section, whichever occurs first. A lien arising
383	from a fine assessed imposed pursuant to this section runs in
384	favor of the local governing body. Within 30 days after payment,
385	and the local governing body or authorized officer of the local
386	governing body shall may execute and cause to be recorded a
387	satisfaction or release of lien in each recording office where
388	such lien was recorded entered pursuant to this section. After 3
389	months from the filing of any such lien which remains unpaid,
390	the enforcement board may authorize the local governing body
391	attorney to foreclose on the lien or to sue to recover a money
392	judgment for the amount of the lien plus accrued interest. A No
393	lien for a fine assessed created pursuant to s. 162.09(3)
394	not attach to or the provisions of this part may be foreclosed
395	on real property which is a homestead under s. 4, Art. X of the
396	State Constitution. The money judgment provisions of this
397	section shall not apply to real property or personal property
398	which is covered under s. 4(a), Art. X of the State
399	Constitution.
400	Section 7. Section 162.093, Florida Statutes, is created
401	to read:
402	162.093 Trespass.-A code inspector, any government
403	official delegated authority to make emergency repairs, and any
404	municipal or county employee or other person engaged by the
405	local government to make repairs pursuant to ss. 162.09 and
406	162.091 may enter privately owned properties, including, but not
407	limited to, fenced yards, vacant structures, and pool
408	enclosures, for purposes of making inspections and repairs as
409	authorized by this chapter. As provided in s. 810.12(5), laws
410	relating to trespass do not apply to such persons while
411	performing services within the scope of their employment.
412	Section 8. Section 162.10, Florida Statutes, is amended to
413	read:
414	162.10 Duration of lien.-A No lien provided under this
415	chapter may not the Local Government Code Enforcement Boards Act
416	shall continue for a period longer than 20 years after the lien
417	certified copy of an order imposing a fine has been recorded,
418	unless within that time an action is commenced pursuant to s.
419	162.092 162.09(3) in a court of competent jurisdiction and a lis
420	pendens is filed in the official records. In an action to
421	foreclose on a lien or for a money judgment, the prevailing
422	party is entitled to recover all costs, including a reasonable
423	attorney's fee, that it incurs in the action. The local
424	governing body shall be entitled to collect all costs incurred
425	in recording and satisfying a valid lien. The continuation of
426	the lien effected by the commencement of the action shall not be
427	good against creditors or subsequent purchasers for valuable
428	consideration without notice, unless a notice of lis pendens is
429	recorded.
430	Section 9. Section 162.11, Florida Statutes, is amended to
431	read:
432	162.11 Appeals.-An aggrieved party, including the local
433	governing body, may appeal a recorded lien or a final
434	administrative order of an enforcement board to the circuit
435	court. Such an appeal shall not be a hearing de novo but shall
436	be limited to appellate review of the record created before the
437	enforcement board. An appeal shall be filed within 30 days after
438	of the recording of the lien or execution of the order to be
439	appealed.
440	Section 10. Section 162.14, Florida Statutes, is created
441	to read:
442	162.14 Severability; legislative declaration.-If any
443	provision of this chapter is held or declared to be
444	unconstitutional, illegal, invalid, inoperative, ineffective,
445	inapplicable, or void, such holding or declaration does not
446	affect the other provisions of this chapter or the application
447	of the other provisions of this chapter to any other
448	circumstance. The Legislature declares that any provision of
449	this chapter held as such did not induce the enactment of the
450	chapter and that without the inclusion of the provisions of this
451	chapter held as such, the Legislature would have enacted the
452	other provisions of this chapter.
453	Section 11. Section 222.01, Florida Statutes, is amended
454	to read:
455	222.01 Designation of homestead by owner before levy.-
456	(1) Whenever any natural person residing in this state
457	desires to avail himself or herself of the benefit of the
458	provisions of the constitution and laws exempting property as a
459	homestead from forced sale under any process of law, he or she
460	may make a statement, in writing, containing a description of
461	the real property, mobile home, or modular home claimed to be
462	exempt and declaring that the real property, mobile home, or
463	modular home is the homestead of the party in whose behalf such
464	claim is being made. If relevant, such a statement may also be
465	made by a subsequent owner, lienholder, or successor in interest
466	of such property to a party who could have claimed the real
467	property, mobile home, or modular home was homestead through the
468	date his or her interest in the property was relinquished or
469	conveyed. Such statement shall be signed by the person making it
470	and shall be recorded in the circuit court.
471	(2) When a certified copy of a judgment under has been
472	filed in the public records of a county pursuant to chapter 55,
473	a code enforcement lien under chapter 162 other than a cost
474	assessment lien under s. 162.09(4), or a lien for any other
475	purpose imposed by a court or governmental body exists or has
476	been filed in the official records of a county, a person who is
477	entitled to the benefit of the provisions of the State
478	Constitution exempting real property as homestead, or a
479	lienholder, subsequent owner, or successor in interest of such
480	property, and who has a contract to sell or a commitment from a
481	lender for a mortgage on the homestead may file a notice of
482	homestead in the official public records of the county in which
483	the homestead property is located in substantially the following
484	form, with allowance for modifications if the notice is being
485	given by a lienholder, subsequent owner, or successor in
486	interest of such property:
487
488	NOTICE OF HOMESTEAD
489
490	To:...(Name and address of judgment creditor or lienholder as
491	shown on recorded judgment or lien and name and address of any
492	other person shown in the recorded judgment or lien to receive a
493	copy of the Notice of Homestead)....
494
495	You are notified that the undersigned claims as homestead exempt
496	from levy and execution under Section 4, Article X of the State
497	Constitution, the following described property:
498
499	...(Legal description)...
500
501	The undersigned certifies, under oath, that he or she has
502	applied for and received the homestead tax exemption as to the
503	above-described property, that _____ is the tax identification
504	parcel number of this property, and that the undersigned has
505	resided on this property continuously and uninterruptedly from
506	...(date)... to the date of this Notice of Homestead. Further,
507	the undersigned will either convey or mortgage the above-
508	described property pursuant to the following:
509
510	...(Describe the contract of sale or loan commitment by date,
511	names of parties, date of anticipated closing, and amount. The
512	name, address, and telephone number of the person conducting the
513	anticipated closing must be set forth.)...
514
515	The undersigned also certifies, under oath, that the lien or
516	judgment lien filed by you on ...(date)... and recorded in
517	Official Records Book _____, Page _____, of the Public Records
518	of __________ County, Florida, does not constitute a valid lien
519	on the described property.
520
521	YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ.,
522	FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS
523	NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF
524	__________ COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO
525	DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT
526	PROPERTY OR TO FORECLOSE YOUR LIEN OR JUDGMENT LIEN ON THE
527	PROPERTY AND RECORD A LIS PENDENS IN THE OFFICIAL PUBLIC RECORDS
528	OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO
529	ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS
530	AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN
531	COMMITMENT TO TAKE FREE AND CLEAR OF ANY LIEN OR JUDGMENT LIEN
532	YOU MAY HAVE ON THE PROPERTY.
533
534	This _____ day of _______________, 2_____.
535	______________________________
536	...(Signature of Owner)...
537	______________________________
538	...(Printed Name of Owner)...
539	______________________________
540	...(Owner's Address)...
541
542	Sworn to and subscribed before me by
543	______________________________ who is personally known to me or
544	produced ______________________________ as identification, this
545	_____ day of _______________, 2_____.
546	______________________________
547	Notary Public
548	(3) The clerk shall mail a copy of the notice of homestead
549	to the judgment lienor or lienholder, by certified mail, return
550	receipt requested, at the address shown in the most recent
551	recorded lien, judgment, or accompanying affidavit, and to any
552	other person designated in the most recent recorded lien,
553	judgment, or accompanying affidavit to receive the notice of
554	homestead, and shall certify to such service on the face of such
555	notice and record the notice. Notwithstanding the use of
556	certified mail, return receipt requested, service shall be
557	deemed complete upon mailing.
558	(4) A lien pursuant to chapter 55 of any lienor upon whom
559	such notice is served, who fails to institute an action for a
560	declaratory judgment to determine the constitutional homestead
561	status of the property described in the notice of homestead or
562	to file an action to foreclose the lien or judgment lien,
563	together with the filing of a lis pendens in the official public
564	records of the county in which the homestead is located, within
565	45 days after service of such notice shall be deemed as not
566	attaching to the property by virtue of its status as homestead
567	property:
568	(a) As to the interest of any buyer or lender, or his or
569	her successors or assigns, who takes under the contract of sale
570	or loan commitment described above within 180 days after the
571	filing in the official public records of the notice of
572	homestead; or
573	(b) As to the interest of any subsequent owner,
574	lienholder, or successor in interest of the property who filed a
575	notice under subsection (2).
576
577	This subsection shall not act to prohibit a lien from attaching
578	to the real property described in the notice of homestead at
579	such time as the property loses its homestead status.
580	(5) As provided in s. 4, Art. X of the State Constitution,
581	this subsection shall not apply to:
582	(a) Liens and judgments for the payment of taxes and
583	assessments on real property.
584	(b) Liens and judgments for obligations contracted for the
585	purchase of real property.
586	(c) Liens and judgments for labor, services, or materials
587	furnished to repair or improve real property.
588	(d) Liens and judgments for other obligations contracted
589	for house, field, or other labor performed on real property.
590	Section 12. Section 695.01, Florida Statutes, is amended
591	to read:
592	695.01 Conveyances, mortgages, and liens to be recorded.-
593	(1) A No conveyance, transfer, or mortgage of real
594	property, or of any interest in such property therein, and nor
595	any lease of real property for a term of 1 year or longer, is
596	not valid or shall be good and effectual in law or equity
597	against creditors or subsequent purchasers for a valuable
598	consideration and without notice, unless the conveyance,
599	transfer, mortgage, interest, or lease is same be recorded in
600	the official records, as defined in s. 28.222, of the county in
601	which the property is located, and according to law; nor shall
602	any such instrument made or executed by virtue of any power of
603	attorney is not valid or be good or effectual in law or in
604	equity against creditors or subsequent purchasers for a valuable
605	consideration and without notice unless the power of attorney is
606	be recorded in the official records of the county in which the
607	property is located before the accruing of the right of such
608	creditor or subsequent purchaser. Grantees by quitclaim may not
609	be denied the status of a bona fide purchaser without notice
610	within the meaning of the recording acts solely based upon
611	having received title by a quitclaim deed.
612	(2) Liens for improvements, services, fines, or penalties
613	attaching to real property by any governmental entity, or any
614	other quasi-governmental entity authorized to assess, impose, or
615	create such liens, except liens for taxes, special assessments
616	levied and collected under the uniform method described in s.
617	197.3632, and utility services, are valid and effectual against
618	creditors and subsequent purchasers for a valuable consideration
619	only upon being recorded in the official records of the county
620	in which the property is located and containing the name of the
621	owner of record, a legally sufficient legal description of the
622	property, and the tax or parcel identification number applicable
623	to the property as of the date of assessment. The priority of a
624	lien described in this subsection is based upon its order of
625	recordation unless the recorded notice of such lien clearly
626	states a higher priority and includes a citation to the statute
627	or ordinance authorizing such higher priority. This section
628	supersedes any conflicting home rule power provisions and any
629	provisions granting authority under any act, ordinance, or order
630	creating any governmental or quasi-governmental entity.
631	(3) Liens assessed, imposed, or created by any
632	governmental or quasi-governmental entity may be assigned by
633	assignment recorded in the official records of the county in
634	which the property is located. Any person other than the present
635	owner of the property involved who pays any such unsatisfied
636	lien is entitled to receive an assignment of the lien and shall
637	be subrogated to the rights of the governmental or quasi-
638	governmental entity with respect to the enforcement of such
639	lien, as permitted by law. Grantees by quitclaim, heretofore or
640	hereafter made, shall be deemed and held to be bona fide
641	purchasers without notice within the meaning of the recording
642	acts.
643	Section 13. If any provision of this act or the
644	application thereof to any person or circumstance is held
645	invalid, the invalidity shall not affect other provisions or
646	applications of the act which can be given effect without the
647	invalid provision or application, and to this end the provisions
648	of 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.