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

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Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1173 Detail]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
HB 1173

A bill to be entitled
2An act relating to the enforcement of county and municipal
3codes and ordinances; amending s. 162.12, F.S.;
4authorizing notices relating to a code violation to be
5sent by certified mail to the property owner at an address
6provided to the local government for the purposes of
7receiving notices or to the registered agent of a
8corporation for property owned by a corporation; deleting
9a requirement for such notices to be sent by first-class
10mail; amending s. 162.21, F.S.; authorizing a code
11enforcement officer to immediately issue a citation for a
12code violation if the violator is engaged in violations of
13an itinerant or transient nature; amending s. 173.01,
14F.S.; authorizing a municipality or its assignee to
15foreclose on an abatement assessment lien against real
16property; amending s. 173.03, F.S.; authorizing a
17foreclosure for an abatement assessment lien after the
18conclusion of proceedings to challenge the lien or after a
19certain period after the lien is recorded in the official
20records; making grammatical and technical changes;
21amending s. 173.04, F.S.; authorizing a municipality or
22its assignee to enforce an abatement assessment lien in
23circuit court by a bill in chancery that describes the
24delinquent lien and the lands to which the lien applies;
25making grammatical and technical changes; creating s.
26173.16, F.S.; authorizing a municipality to assign an
27abatement assessment lien to a private party under certain
28circumstances; providing an effective date.
30Be It Enacted by the Legislature of the State of Florida:
32     Section 1.  Section 162.12, Florida Statutes, is amended to
34     162.12  Notices.-
35     (1)  All notices required by this part shall be provided to
36the alleged violator by:
37     (a)  Certified mail, return receipt requested to, provided
38if such notice is sent under this paragraph to the owner of the
39property in question at the address listed in the tax
40collector's office for tax notices or to, and at any other
41address provided by the property owner in writing to the local
42government for the purposes of receiving notices. For property
43owned by a corporation, notices may be provided by certified
44mail, return receipt requested, to the registered agent of the
45corporation. If any notice sent by certified mail by such owner
46and is not signed as received within 30 days after the date of
47mailing returned as unclaimed or refused, notice may be provided
48by posting as described in subparagraphs (2)(b)1. and 2. and by
49first class mail directed to the addresses furnished to the
50local government with a properly executed proof of mailing or
51affidavit confirming the first class mailing;
52     (b)  Hand delivery by the sheriff or other law enforcement
53officer, code inspector, or other person designated by the local
54governing body;
55     (c)  Leaving the notice at the violator's usual place of
56residence with any person residing therein who is above 15 years
57of age and informing such person of the contents of the notice;
59     (d)  In the case of commercial premises, leaving the notice
60with the manager or other person in charge.
61     (2)  In addition to providing notice as set forth in
62subsection (1), at the option of the code enforcement board,
63notice may also be served by publication or posting, as follows:
64     (a)1.  Such notice shall be published once during each week
65for 4 consecutive weeks (four publications being sufficient) in
66a newspaper of general circulation in the county where the code
67enforcement board is located. The newspaper shall meet such
68requirements as are prescribed under chapter 50 for legal and
69official advertisements.
70     2.  Proof of publication shall be made as provided in ss.
7150.041 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
74hearing, or prior to the expiration of any deadline contained in
75the notice, in at least two locations, one of which shall be the
76property upon which the violation is alleged to exist and the
77other of which shall be, in the case of municipalities, at the
78primary municipal government office, and in the case of
79counties, at the front door of the courthouse or the main county
80governmental center in said county.
81     2.  Proof of posting shall be by affidavit of the person
82posting the notice, which affidavit shall include a copy of the
83notice posted and the date and places of its posting.
84     (c)  Notice by publication or posting may run concurrently
85with, or may follow, an attempt or attempts to provide notice by
86hand delivery or by mail as required under subsection (1).
88Evidence that an attempt has been made to hand deliver or mail
89notice as provided in subsection (1), together with proof of
90publication or posting as provided in subsection (2), is shall
91be sufficient to show that the notice requirements of this part
92have been met, without regard to whether or not the alleged
93violator actually received such notice.
94     Section 2.  Subsection (3) of section 162.21, Florida
95Statutes, is amended to read:
96     162.21  Enforcement of county or municipal codes or
97ordinances; penalties.-
98     (3)(a)  A code enforcement officer is authorized to issue a
99citation to a person when, based upon personal investigation,
100the officer has reasonable cause to believe that the person has
101committed a civil infraction in violation of a duly enacted code
102or ordinance and that the county court will hear the charge.
103     (b)  Prior to issuing a citation, a code enforcement
104officer shall provide notice to the person that the person has
105committed a violation of a code or ordinance and shall establish
106a reasonable time period within which the person must correct
107the violation. Such time period shall be no more than 30 days.
108If, upon personal investigation, a code enforcement officer
109finds that the person has not corrected the violation within the
110time period, a code enforcement officer may issue a citation to
111the person who has committed the violation. A code enforcement
112officer does not have to provide the person with a reasonable
113time period to correct the violation prior to issuing a citation
114and 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
117that the violation presents a serious threat to the public
118health, safety, or welfare, or if the violation is irreparable
119or irreversible; or
120     3.  The violator is engaged in violations of an itinerant
121or transient nature, as defined in the local code or ordinance.
122     (c)  A citation issued by a code enforcement officer shall
123be in a form prescribed by the county or the municipality and
124shall contain:
125     1.  The date and time of issuance.
126     2.  The name and address of the person to whom the citation
127is 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
132     6.  The name and authority of the code enforcement officer.
133     7.  The procedure for the person to follow in order to pay
134the civil penalty or to contest the citation.
135     8.  The applicable civil penalty if the person elects to
136contest the citation.
137     9.  The applicable civil penalty if the person elects not
138to contest the citation.
139     10.  A conspicuous statement that if the person fails to
140pay the civil penalty within the time allowed, or fails to
141appear in court to contest the citation, the person shall be
142deemed to have waived his or her right to contest the citation
143and that, in such case, judgment may be entered against the
144person for an amount up to the maximum civil penalty.
145     Section 3.  Section 173.01, Florida Statutes, is amended to
147     173.01  Foreclosure of municipal tax certificates and
148abatement assessment liens authorized.-The lien of any and all
149taxes, except those ad valorem taxes collectible by the county
150tax collector, tax certificates, and special assessments, and
151abatement assessment liens imposed by any municipality
152incorporated city or town in the state upon real estate may be
153foreclosed by such municipality or its assignees city or town by
154suit in chancery. The practice, pleading, and procedure in any
155such suit must shall be in substantial accordance with the
156practice, pleading, and procedure for the foreclosure of
157mortgages of real estate, except as herein otherwise provided.
158     Section 4.  Section 173.03, Florida Statutes, is amended to
160     173.03  Conditions determining when suit may be brought;
161lands and claims included.-
162     (1)  Suit may be brought at any time after any one or more
163of the following events, respectively:
164     (a)  After the expiration of 2 years from the date of any
165tax certificate issued and held by a municipality city or town
166whose charter provides for or requires the issuing of tax
167certificates for delinquent taxes;
168     (b)  After the expiration of 2 years from the date any tax
169becomes delinquent which was imposed by a municipality city or
170town whose charter does not provide for or require the issuing
171of tax certificates; or
172     (c)  After the expiration of 1 year from the date any
173special assessment or installment thereof becomes due and
174payable; or
175     (d)  After the expiration of 1 year from the date of
176recording of an abatement assessment lien in the public records
177of the county where the property is located or upon the
178conclusion of any administrative or judicial proceeding
179challenging the lien, whichever is later.
180     (2)  The suit may include There may be included in any suit
181all or any part of the lands upon which tax certificates have
182been outstanding, or taxes have remained delinquent, or any
183special assessment or installment thereof shall have been in
184default, or an abatement assessment lien has been unsatisfied
185for the respective periods specified in subsection (1). The suit
186may also include aforesaid, and there may be included therein
187all claims and demands of the municipality said city or town
188against the said lands or any part thereof for taxes, tax
189certificates, and special assessments or installments thereof
190which may be due and payable to the municipality such city or
191town at the time of the institution of the such suit.
192     Section 5.  Subsection (1) of section 173.04, Florida
193Statutes, is amended to read:
194     173.04  Procedure for bringing foreclosure suit;
195certificate of attorney as to notice of suit; jurisdiction
196obtained by publication of notice of suit; form of notice.-
197     (1)  Any suit hereby authorized by this chapter shall be
198commenced by bill in chancery in the circuit court of the county
199in which the municipality such city or town is situated. The
200suit may be brought by the municipality or an assignee of the
201municipality to enforce the, in the name of the city or town
202whose taxes, tax certificates, and special assessments, and
203abatement assessment liens that are sought to be enforced, as
204complainant, and against any or all lands upon which any taxes,
205tax certificates and special assessments are delinquent (as the
206case may be) for the periods described in s. 173.03(1). The
207period aforesaid, as defendant, in which bill in chancery must
208there shall be briefly describe described the levy or imposition
209and nonpayment of taxes, and special assessments, or abatement
210assessments that which are delinquent for the period aforesaid,
211and of all other taxes and special assessments then due and
212payable to said city or town and sought to be recovered in such
213bill, the lands proceeded against, and the amount chargeable to
214each parcel or tract. It is shall be unnecessary to name in such
215bill or proceedings any person owning or having any interest in
216or lien upon such lands as defendants. At least 30 days before
217prior to the filing of any such bill in chancery, written notice
218of intention to file the same shall be sent by registered mail
219to the last known address of the holder of the record title and
220to the holder of record of each mortgage or other lien, except
221judgment liens, upon each tract of land to be included in said
222bill in chancery; such notice shall briefly describe the
223particular lot or parcel of land, shall state the amount of tax
224certificate and special assessment liens sought to be enforced,
225and shall warn the said owner and holders of liens, mortgages,
226or other liens that on or after the day therein named said bill
227in chancery to enforce the same will be filed, unless paid on or
228before said date.
229     Section 6.  Section 173.16, Florida Statutes, is created to
231     173.16  Assignment of abatement assessment liens to a
232private party.-A municipality that imposes a lien against real
233property for the assessment of costs to abate conditions on the
234property which pose a threat to the public health, safety, and
235welfare may assign the lien to a private party for consideration
236if the lien has been recorded in the official records in the
237county 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.