Bill Text: FL S2248 | 2010 | Regular Session | Introduced

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Bill Title: Government Liens [SPSC]

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2248 Detail]

Download: Florida-2010-S2248-Introduced.html

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Florida Senate - 2010                                    SB 2248 
 
By Senator Negron 
28-01692A-10                                          20102248__ 
1                        A bill to be entitled 
2         An act relating to government liens; amending s. 
3         162.03, F.S.; requiring certain fines or liens to be 
4         recorded in order to constitute a property lien; 
5         authorizing counties and municipalities to provide by 
6         ordinance that certain property conditions are code 
7         violations subject to enforcement actions; providing 
8         legislative findings; preempting to the state laws 
9         relating to alienation of property and foreclosure of 
10         mortgages and liens; prohibiting local governments 
11         from imposing preconditions or limitations on 
12         alienation of certain property or foreclosure of 
13         certain mortgages or other liens; prohibiting local 
14         governments from requiring lenders to file or register 
15         certain properties; amending s. 162.06, F.S.; 
16         specifying nonapplication of certain emergency repair 
17         action requirements to certain enforcement procedures; 
18         amending s. 162.07, F.S.; conforming a cross 
19         reference; amending s. 162.09, F.S.; specifying that 
20         certain enforcement board actions do not create 
21         certain obligations or liabilities for damages; 
22         requiring ordinances assessing certain fines to 
23         include certain criteria for certain purposes; 
24         authorizing code enforcement boards to impose a 
25         special assessment against property for certain 
26         purposes; providing special assessment requirements; 
27         creating s. 162.091, F.S.; providing authority and 
28         requirements for emergency repairs to property by 
29         counties or municipalities under certain 
30         circumstances; providing authority and requirements 
31         for assessing costs of such repairs; specifying that 
32         making such repairs does not create certain 
33         obligations or liabilities for damages; specifying 
34         that absence of notice does not invalidate certain 
35         actions; redesignating and amending s. 162.09(3), 
36         F.S., as s. 162.092, F.S.; revising authority and 
37         requirements for recording certain liens against 
38         property for certain fines and costs; providing for 
39         such liens to be liens upon personal property also; 
40         specifying a form for such recorded liens; providing 
41         for priority of such liens; revising requirements and 
42         procedures for enforcement of such liens; providing 
43         for preservation of such liens; providing limitations 
44         on fines or penalties under such liens; revising 
45         enforcement procedures for such liens; creating s. 
46         162.093, F.S.; authorizing certain persons to enter 
47         certain property to make repairs; specifying 
48         nonapplication of trespass laws under such 
49         circumstances; amending s. 162.10, F.S.; revising 
50         provisions specifying the duration of liens; amending 
51         s. 162.11, F.S.; authorizing appeal of recorded liens; 
52         creating s. 162.14, F.S.; providing for severability 
53         of certain provisions; providing a legislative 
54         declaration; amending s. 222.01, F.S.; revising 
55         authority, requirements, and procedures for declaring 
56         and designating property as homestead property; 
57         authorizing certain additional persons to make such 
58         declarations; revising the form for a notice of 
59         homestead; amending s. 695.01, F.S.; revising 
60         requirements and procedures for recording conveyances 
61         to include application to mortgages and liens; 
62         providing for validity of liens for improvements, 
63         services, fines, and penalties attaching to real 
64         property by certain entities; providing requirements 
65         and procedures; providing for priority of such liens; 
66         providing for superiority of certain provisions; 
67         providing for assignment of liens; providing for 
68         entitlement to receive an assignment of lien; 
69         providing for enforcement; providing severability; 
70         providing an effective date. 
71 
72  Be It Enacted by the Legislature of the State of Florida: 
73 
74         Section 1. Section 162.03, Florida Statutes, is amended to 
75  read: 
76         162.03 Applicability.— 
77         (1) Each county or municipality may by ordinance, at its 
78  option, create or abolish by ordinance local government code 
79  enforcement boards as provided in this chapter herein. 
80         (2) A charter county, a noncharter county, or a 
81  municipality may, by ordinance, adopt an alternate code 
82  enforcement system that gives code enforcement boards or special 
83  magistrates designated by the local governing body, or both, the 
84  authority to hold hearings and assess fines against violators of 
85  the respective county or municipal codes and ordinances. A 
86  special magistrate shall have the same status as an enforcement 
87  board under this chapter. References in this chapter to an 
88  enforcement board, except in s. 162.05, shall include a special 
89  magistrate if the context permits. Any fine or lien assessed by 
90  such alternate code enforcement system must be recorded as 
91  provided in s. 162.092 before such fine or lien constitutes a 
92  lien on any real or personal property. 
93         (3) In addition to any other matters addressed in its code 
94  of ordinances, each county or municipality may by ordinance 
95  provide that the failure to repair a property that falls into 
96  disrepair, becomes uninhabitable, or creates a danger to public 
97  health, safety, or welfare is in violation of its code of 
98  ordinances and subject to enforcement action pursuant to this 
99  chapter. 
100         (4) The Legislature finds that alienation of property and 
101  foreclosure of mortgages and liens are areas of the law that 
102  have been preempted to the state by the laws of this state and 
103  the Florida Rules of Court. A local government may not by 
104  ordinance or otherwise impose any preconditions or limitations 
105  on the alienation of property or the foreclosure of mortgages or 
106  other liens, other than with regard to property, mortgages, or 
107  liens owned or held by the local government. Any such ordinance 
108  or other enactment is void and has no force or effect. 
109         (5) A local government, including a local government with 
110  home rule powers, may not require lenders to file or register 
111  abandoned, vacant, or foreclosed properties or properties in 
112  default. 
113         Section 2. Subsection (4) of section 162.06, Florida 
114  Statutes, is amended to read: 
115         162.06 Enforcement procedure.— 
116         (4) If the code inspector has reason to believe a violation 
117  or the condition causing the violation presents a serious threat 
118  to the public health, safety, and welfare or if the violation is 
119  irreparable or irreversible in nature, the code inspector shall 
120  make a reasonable effort to notify the violator and may 
121  immediately notify the enforcement board and request a hearing. 
122  This subsection does not apply to any action taken pursuant to 
123  s. 162.091. 
124         Section 3. Subsection (2) of section 162.07, Florida 
125  Statutes, is amended to read: 
126         162.07 Conduct of hearing.— 
127         (2) Each case before an enforcement board shall be 
128  presented by the local governing body attorney or by a member of 
129  the administrative staff of the local governing body. If the 
130  local governing body prevails in prosecuting a case before the 
131  enforcement board, it shall be entitled to recover all costs 
132  incurred in prosecuting the case before the board and such costs 
133  may be included in the lien authorized under s. 162.092 
134  162.09(3). 
135         Section 4. Subsections (1) and (2) of section 162.09, 
136  Florida Statutes, are amended to read: 
137         162.09 Administrative fines; costs of repair; liens.— 
138         (1) An enforcement board, upon notification by the code 
139  inspector that an order of the enforcement board has not been 
140  complied with by the set time or upon finding that a repeat 
141  violation has been committed, may order the violator to pay a 
142  fine in an amount specified in this section for each day the 
143  violation continues past the date set by the enforcement board 
144  for compliance or, in the case of a repeat violation, for each 
145  day the repeat violation continues, beginning with the date the 
146  repeat violation is found to have occurred by the code 
147  inspector. In addition, if the violation is a violation 
148  described in s. 162.06(4), the enforcement board shall notify 
149  the local governing body, which may make all reasonable repairs 
150  which are required to bring the property into compliance and 
151  charge the violator with the reasonable cost of the repairs 
152  along with the fine assessed imposed pursuant to this section. 
153         (2) The making of any such repairs does not create a 
154  continuing obligation on the part of the local governing body to 
155  make further repairs or to maintain the property and does not 
156  create any liability against the local governing body, or any 
157  person engaged by the local governing body to make such repairs, 
158  for any damages to the property or for any special, punitive, or 
159  consequential damages resulting from or arising in the course of 
160  making such repairs if such repairs were completed in good 
161  faith. If a finding of a violation or a repeat violation has 
162  been made as provided in this part, a hearing shall not be 
163  necessary for issuance of the order imposing the fine. If, after 
164  due notice and hearing, a code enforcement board finds a 
165  violation to be irreparable or irreversible in nature, it may 
166  order the violator to pay a fine as specified in paragraph 
167  (3)(2)(a). 
168         (3)(2)(a) A fine assessed imposed pursuant to this section 
169  shall not exceed $250 per day for a first violation and shall 
170  not exceed $500 per day for a repeat violation, and, in 
171  addition, may include all costs of repairs pursuant to 
172  subsection (1) and s. 162.091. However, if a code enforcement 
173  board finds the violation to be irreparable or irreversible in 
174  nature, the board it may assess impose a fine not to exceed 
175  $5,000 per violation. 
176         (b) In determining the amount of the fine, if any, the 
177  enforcement board shall consider the following factors: 
178         1. The gravity of the violation; 
179         2. Any actions taken by the violator to correct the 
180  violation; and 
181         3. Any previous violations committed by the violator. 
182         (c) An enforcement board may reduce a fine assessed imposed 
183  pursuant to this section. 
184         (d) A county or a municipality having a population equal to 
185  or greater than 50,000 may adopt, by a vote of at least a 
186  majority plus one of the entire governing body of the county or 
187  municipality, an ordinance that gives code enforcement boards or 
188  special magistrates, or both, authority to assess impose fines 
189  in excess of the limits set forth in paragraph (a). Such fines 
190  shall not exceed $1,000 per day per violation for a first 
191  violation, $5,000 per day per violation for a repeat violation, 
192  and up to $15,000 per violation if the code enforcement board or 
193  special magistrate finds the violation to be irreparable or 
194  irreversible in nature. Any ordinance assessing such fines must 
195  include criteria to be considered by the enforcement board or 
196  special magistrate in determining the amount of the fines, 
197  including, but not limited to, those factors set forth in 
198  paragraph (b). 
199         (4)(a) In addition to any such fines assessed, a code 
200  enforcement board or special magistrate may impose a special 
201  assessment against the property on which the violation exists 
202  additional fines to cover: 
203         1. All costs incurred by the local government in: 
204         a. Making any emergency repairs pursuant to s. 162.091. 
205         b. Making any repairs ordered by the local governing body 
206  or the enforcement board pursuant to this section. 
207         c. Identifying and notifying the parties to be notified. 
208         d. Recording the copy of the lien and any releases thereof. 
209         2. Reasonable charges for direct costs incurred in: 
210         a. Enforcing the violation of codes giving rise to the need 
211  for the repairs. 
212         b. Making subsequent inspections to confirm repairs have 
213  been completed enforcing its codes and all costs of repairs 
214  pursuant to subsection (1). Any ordinance imposing such fines 
215  shall include criteria to be considered by the code enforcement 
216  board or special magistrate in determining the amount of the 
217  fines, including, but not limited to, those factors set forth in 
218  paragraph (b). 
219         (b) The special assessment shall be set forth as an amount 
220  separate from any fines assessed and shall specifically state 
221  that the cost assessment portion constitutes a lien on such 
222  property equal in priority to real property taxes as set forth 
223  in s. 162.092. 
224         Section 5. Section 162.091, Florida Statutes, is created to 
225  read: 
226         162.091 Emergency repairs; costs of repairs.— 
227         (1) A county or municipal official may institute any 
228  emergency repairs necessary or appropriate to mitigate a 
229  violation of the county’s or municipality’s code of ordinances 
230  that presents a serious threat to the public health, safety, or 
231  welfare if: 
232         (a) The code enforcement board is not scheduled to meet 
233  within the next 48 hours. 
234         (b) The local governing body has delegated the authority to 
235  institute emergency repairs to that official. 
236         (c) The code inspector has made a reasonable effort to 
237  notify the owner of record of the property on which the 
238  violation exists and the holder or servicer of the first 
239  mortgage on such property. 
240         (2) The official instituting emergency repairs shall advise 
241  the code enforcement board of all costs incurred in making the 
242  emergency repairs and any costs of identifying and notifying the 
243  parties required to be notified. The code enforcement board 
244  shall review such costs and, if the board deems the costs to be 
245  reasonable under the circumstances, cause such costs to be 
246  assessed pursuant to s. 162.09. 
247         (3) The making of any such repairs by the official does not 
248  create a continuing obligation on the part of the local 
249  governing body to make further repairs or to maintain the 
250  property and does not create any liability against the local 
251  governing body, or any person engaged by the local governing 
252  body to make such repairs, for any damages to the property or 
253  for any special, punitive, or consequential damages resulting 
254  from or arising in the course of making such repairs. 
255         (4) The failure or inability to notify any parties under 
256  this section does not invalidate any action taken pursuant to 
257  this section or the assessment of costs incurred in connection 
258  with such action. 
259         Section 6. Subsection (3) of section 162.09, Florida 
260  Statutes, is designated as section 162.092, Florida Statutes, 
261  and amended to read: 
262         162.092 Liens.— 
263         (1)(3) A lien for certified copy of an order imposing a 
264  fine, for or a cost assessment alone, or for a fine plus a cost 
265  assessment, which lien identifies the owner and contains a valid 
266  legal description and the tax or parcel identification number 
267  applicable as of the date of assessment repair costs, may be 
268  recorded in the official public records as defined in s. 28.222 
269  and thereafter shall constitute a lien against the land on which 
270  the violation exists and upon any other real or personal 
271  property owned by the violator. Upon recording notice of the 
272  lien in the central database of judgment liens on personal 
273  property maintained by the Department of State in accordance 
274  with ss. 55.201-55.209, such lien shall also constitute a lien 
275  upon any personal property owned by the violator. The obligation 
276  to pay any fines or assessments shall also be a personal 
277  obligation of the owner of the property at the time the owner of 
278  the property was notified of the violation and the fine, cost, 
279  or fine plus cost was assessed. 
280         (2) The recorded lien may be in substantially the following 
281  form and must include the information and the warning contained 
282  in the following form: 
283 
284                              WARNING! 
285  THIS LEGAL DOCUMENT REFLECTS THAT A GOVERNMENT LIEN HAS BEEN 
286  PLACED ON THE REAL PROPERTY LISTED HEREIN. THIS LIEN MAY REMAIN 
287  VALID FOR TWENTY (20) YEARS FROM THE DATE OF RECORDING AND SHALL 
288  EXPIRE AND BECOME VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE 
289  BEEN COMMENCED TO FORECLOSE THIS LIEN AND A LIS PENDENS HAS BEEN 
290  RECORDED IN THE OFFICIAL RECORDS. 
291 
292                          GOVERNMENTAL LIEN 
293       (SECTIONS 162.09, 162.091, & 162.092, FLORIDA STATUTES) 
294 
295  STATE OF FLORIDA 
296  COUNTY OF ______ 
297 
298  Before me, the undersigned notary public, personally appeared 
299  ...(Name/Title)..., who was duly sworn and says that the 
300  ...(Governmental Entity)..., whose address is __________ , 
301  assesses a lien, which is equal in priority to real property 
302  taxes, against the below described real property pursuant to 
303  ...(Ordinance/Statute Number)... for the following costs which 
304  it has incurred: 
305         1. Emergency repairs pursuant to section 162.091, Florida 
306  Statutes: $________ 
307         2. Repairs ordered by the local governing body or the 
308  enforcement board: $________ 
309         3. Costs of identifying or notifying the 
310  parties: $________ 
311         4. Cost of recording the copy of the lien and proposed 
312  releases: $________ 
313         5. Direct cost of enforcing the violation of codes giving 
314  rise to the need for the repair: $________ 
315         6. Direct cost of making subsequent inspections to confirm 
316  repairs have been made: $_______ 
317         TOTAL: $________ 
318 
319  The total amount shall constitute a lien on the owner’s 
320  property, notwithstanding any homestead protections provided by 
321  Article X, Section 4(a) of the State Constitution. 
322 
323  The following fine pursuant to ...(Ordinance/Statute Number)... 
324  shall constitute a lien on the owner’s property subject to the 
325  provisions of Article X, Section 4(a) of the State Constitution 
326  on the following described real property in __________ County, 
327  Florida: 
328         First Violation: $    per day commencing ...(Date)... 
329         Repeat Violation: $    per day commencing ...(Date)... 
330         Property Legal Description: 
331 
332         [Must include full legal description of property, not 
333  abbreviated description from tax rolls] 
334 
335         Parcel I.D. Number: 
336  owned by ...(Name of Owner)... whose address is shown as 
337  __________ in the tax rolls of __________ County, Florida. A 
338  copy of the notification of a violation of ...(Ordinance/Statute 
339  Number)... was ...(Sent by Certified Mail/Posted)... on 
340  ...(Date).... 
341 
342  Estoppel letters, additional information regarding this lien, 
343  and satisfactions of the lien are available by contacting 
344  ...(Name/Title)... at ...(Address)..., telephone number: 
345  ...(Telephone Number).... 
346  ...(Governmental Entity)... 
347  By: ...(Name/Title)... 
348  Sworn to (or affirmed) and subscribed before me this _____ day 
349  of __________, 20____ by ...(Name of Notary Public).... 
350 
351  (SEAL) 
352  _______________________________________ 
353  ...(Signature of Notary Public)... 
354  Personally Known ______ OR Produced Identification ______ 
355  Type of Identification Produced _________________________ 
356 
357         (3) The recorded lien for a cost assessment pursuant to s. 
358  162.09(4) or s. 162.091 constitutes a lien on such property 
359  equal in priority to real property taxes and is an obligation 
360  contracted for the improvement or repair of the property and an 
361  assessment within the meaning of s. 4, Art. X of the State 
362  Constitution. The cost assessment attaches and may be enforced 
363  without regard to whether the land on which the violation exists 
364  is the homestead of the owner of the property. Such lien is not 
365  eliminated by the foreclosure of any mortgage or lien 
366  subordinate to real property taxes and may not be prevented from 
367  attaching under the lis pendens provisions of s. 48.23. 
368         (4) A lien for any fine or penalty assessed pursuant to 
369  this chapter, and any accrual of interest on such fine or 
370  penalty, takes priority only as of the recordation of the lien, 
371  may be eliminated in a foreclosure of superior liens or 
372  mortgages, and is subject to the lis pendens provisions of s. 
373  48.23. The elimination of a lien for fines by foreclosure does 
374  not preclude a code enforcement board from assessing future 
375  violations against a subsequent owner of the property as to any 
376  uncorrected violations. 
377         (5) Upon petition to the circuit court, the lien such order 
378  shall be enforceable in the same manner as a court judgment by 
379  the sheriffs of this state, including execution and levy against 
380  the property on which the violation exists or other real or 
381  personal property of the violator, but the lien such order shall 
382  not be deemed to be a court judgment except for enforcement 
383  purposes. A fine assessed imposed pursuant to this part shall 
384  continue to accrue until the violator comes into compliance or 
385  until judgment is rendered in a suit filed pursuant to this 
386  section, whichever occurs first. A lien arising from a fine 
387  assessed imposed pursuant to this section runs in favor of the 
388  local governing body. Within 30 days after payment, and the 
389  local governing body or authorized officer of the local 
390  governing body shall may execute and cause to be recorded a 
391  satisfaction or release of lien in each recording office where 
392  such lien was recorded entered pursuant to this section. After 3 
393  months from the filing of any such lien which remains unpaid, 
394  the enforcement board may authorize the local governing body 
395  attorney to foreclose on the lien or to sue to recover a money 
396  judgment for the amount of the lien plus accrued interest. A No 
397  lien for a fine assessed created pursuant to s. 162.09(3) may 
398  not attach to or the provisions of this part may be foreclosed 
399  on real property which is a homestead under s. 4, Art. X of the 
400  State Constitution. The money judgment provisions of this 
401  section shall not apply to real property or personal property 
402  which is covered under s. 4(a), Art. X of the State 
403  Constitution. 
404         Section 7. Section 162.093, Florida Statutes, is created to 
405  read: 
406         162.093 Trespass.—A code inspector, any government official 
407  delegated authority to make emergency repairs, and any municipal 
408  or county employee or other person engaged by the local 
409  government to make repairs pursuant to ss. 162.09 and 162.091 
410  may enter privately owned properties, including, but not limited 
411  to, fenced yards, vacant structures, and pool enclosures, for 
412  purposes of making inspections and repairs as authorized by this 
413  chapter. As provided in s. 810.12(5), laws relating to trespass 
414  do not apply to such persons while performing services within 
415  the scope of their employment. 
416         Section 8. Section 162.10, Florida Statutes, is amended to 
417  read: 
418         162.10 Duration of lien.—A No lien provided under this 
419  chapter may not the Local Government Code Enforcement Boards Act 
420  shall continue for a period longer than 20 years after the lien 
421  certified copy of an order imposing a fine has been recorded, 
422  unless within that time an action is commenced pursuant to s. 
423  162.092 162.09(3) in a court of competent jurisdiction and a lis 
424  pendens is filed in the official records. In an action to 
425  foreclose on a lien or for a money judgment, the prevailing 
426  party is entitled to recover all costs, including a reasonable 
427  attorney’s fee, that it incurs in the action. The local 
428  governing body shall be entitled to collect all costs incurred 
429  in recording and satisfying a valid lien. The continuation of 
430  the lien effected by the commencement of the action shall not be 
431  good against creditors or subsequent purchasers for valuable 
432  consideration without notice, unless a notice of lis pendens is 
433  recorded. 
434         Section 9. Section 162.11, Florida Statutes, is amended to 
435  read: 
436         162.11 Appeals.—An aggrieved party, including the local 
437  governing body, may appeal a recorded lien or a final 
438  administrative order of an enforcement board to the circuit 
439  court. Such an appeal shall not be a hearing de novo but shall 
440  be limited to appellate review of the record created before the 
441  enforcement board. An appeal shall be filed within 30 days after 
442  of the recording of the lien or execution of the order to be 
443  appealed. 
444         Section 10. Section 162.14, Florida Statutes, is created to 
445  read: 
446         162.14 Severability; legislative declaration.—If any 
447  provision of this chapter is held or declared to be 
448  unconstitutional, illegal, invalid, inoperative, ineffective, 
449  inapplicable, or void, such holding or declaration does not 
450  affect the other provisions of this chapter or the application 
451  of the other provisions of this chapter to any other 
452  circumstance. The Legislature declares that any provision of 
453  this chapter held as such did not induce the enactment of the 
454  chapter and that without the inclusion of the provisions of this 
455  chapter held as such, the Legislature would have enacted the 
456  other provisions of this chapter. 
457         Section 11. Section 222.01, Florida Statutes, is amended to 
458  read: 
459         222.01 Designation of homestead by owner before levy.— 
460         (1) Whenever any natural person residing in this state 
461  desires to avail himself or herself of the benefit of the 
462  provisions of the constitution and laws exempting property as a 
463  homestead from forced sale under any process of law, he or she 
464  may make a statement, in writing, containing a description of 
465  the real property, mobile home, or modular home claimed to be 
466  exempt and declaring that the real property, mobile home, or 
467  modular home is the homestead of the party in whose behalf such 
468  claim is being made. If relevant, such a statement may also be 
469  made by a subsequent owner, lienholder, or successor in interest 
470  of such property to a party who could have claimed the real 
471  property, mobile home, or modular home was homestead through the 
472  date his or her interest in the property was relinquished or 
473  conveyed. Such statement shall be signed by the person making it 
474  and shall be recorded in the circuit court. 
475         (2) When a certified copy of a judgment under has been 
476  filed in the public records of a county pursuant to chapter 55, 
477  a code enforcement lien under chapter 162 other than a cost 
478  assessment lien under s. 162.09(4), or a lien for any other 
479  purpose imposed by a court or governmental body exists or has 
480  been filed in the official records of a county, a person who is 
481  entitled to the benefit of the provisions of the State 
482  Constitution exempting real property as homestead, or a 
483  lienholder, subsequent owner, or successor in interest of such 
484  property, and who has a contract to sell or a commitment from a 
485  lender for a mortgage on the homestead may file a notice of 
486  homestead in the official public records of the county in which 
487  the homestead property is located in substantially the following 
488  form, with allowance for modifications if the notice is being 
489  given by a lienholder, subsequent owner, or successor in 
490  interest of such property: 
491                         NOTICE OF HOMESTEAD 
492 
493         To:...(Name and address of judgment creditor or 
494         lienholder as shown on recorded judgment or lien and 
495         name and address of any other person shown in the 
496         recorded judgment or lien to receive a copy of the 
497         Notice of Homestead).... 
498 
499         You are notified that the undersigned claims as 
500         homestead exempt from levy and execution under Section 
501         4, Article X of the State Constitution, the following 
502         described property: 
503                      ...(Legal description)... 
504 
505         The undersigned certifies, under oath, that he or she 
506         has applied for and received the homestead tax 
507         exemption as to the above-described property, that 
508         .... is the tax identification parcel number of this 
509         property, and that the undersigned has resided on this 
510         property continuously and uninterruptedly from 
511         ...(date)... to the date of this Notice of Homestead. 
512         Further, the undersigned will either convey or 
513         mortgage the above-described property pursuant to the 
514         following: 
515 
516         ...(Describe the contract of sale or loan commitment 
517         by date, names of parties, date of anticipated 
518         closing, and amount. The name, address, and telephone 
519         number of the person conducting the anticipated 
520         closing must be set forth.)... 
521 
522         The undersigned also certifies, under oath, that the 
523         lien or judgment lien filed by you on ...(date)... and 
524         recorded in Official Records Book ...., Page ...., of 
525         the Public Records of ........ County, Florida, does 
526         not constitute a valid lien on the described property. 
527 
528         YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 
529         ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER 
530         THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN 
531         THE CIRCUIT COURT OF ........ COUNTY, FLORIDA, FOR A 
532         DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL 
533         HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO 
534         FORECLOSE YOUR LIEN OR JUDGMENT LIEN ON THE PROPERTY 
535         AND RECORD A LIS PENDENS IN THE OFFICIAL PUBLIC 
536         RECORDS OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. 
537         YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR 
538         LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER 
539         THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN 
540         COMMITMENT TO TAKE FREE AND CLEAR OF ANY LIEN OR 
541         JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY. 
542 
543         This .... day of ............, 2..... 
544  ........................ 
545  ...(Signature of Owner)... 
546 
547  ........................ 
548  ...(Printed Name of Owner)... 
549 
550  ........................ 
551  ...(Owner’s Address)... 
552 
553         Sworn to and subscribed before me by 
554         ........................ who is personally known to me 
555         or produced ........................ as 
556         identification, this .... day of ............, 2..... 
557 
558  ........................ 
559  Notary Public 
560         (3) The clerk shall mail a copy of the notice of homestead 
561  to the judgment lienor or lienholder, by certified mail, return 
562  receipt requested, at the address shown in the most recent 
563  recorded lien, judgment, or accompanying affidavit, and to any 
564  other person designated in the most recent recorded lien, 
565  judgment, or accompanying affidavit to receive the notice of 
566  homestead, and shall certify to such service on the face of such 
567  notice and record the notice. Notwithstanding the use of 
568  certified mail, return receipt requested, service shall be 
569  deemed complete upon mailing. 
570         (4) A lien pursuant to chapter 55 of any lienor upon whom 
571  such notice is served, who fails to institute an action for a 
572  declaratory judgment to determine the constitutional homestead 
573  status of the property described in the notice of homestead or 
574  to file an action to foreclose the lien or judgment lien, 
575  together with the filing of a lis pendens in the official public 
576  records of the county in which the homestead is located, within 
577  45 days after service of such notice shall be deemed as not 
578  attaching to the property by virtue of its status as homestead 
579  property: 
580         (a)  As to the interest of any buyer or lender, or his or 
581  her successors or assigns, who takes under the contract of sale 
582  or loan commitment described above within 180 days after the 
583  filing in the official public records of the notice of 
584  homestead; or 
585         (b) As to the interest of any subsequent owner, lienholder, 
586  or successor in interest of the property who filed a notice 
587  under subsection (2). 
588 
589  This subsection shall not act to prohibit a lien from attaching 
590  to the real property described in the notice of homestead at 
591  such time as the property loses its homestead status. 
592         (5) As provided in s. 4, Art. X of the State Constitution, 
593  this subsection shall not apply to: 
594         (a) Liens and judgments for the payment of taxes and 
595  assessments on real property. 
596         (b) Liens and judgments for obligations contracted for the 
597  purchase of real property. 
598         (c) Liens and judgments for labor, services, or materials 
599  furnished to repair or improve real property. 
600         (d) Liens and judgments for other obligations contracted 
601  for house, field, or other labor performed on real property. 
602         Section 12. Section 695.01, Florida Statutes, is amended to 
603  read: 
604         695.01 Conveyances, mortgages, and liens to be recorded.— 
605         (1) A No conveyance, transfer, or mortgage of real 
606  property, or of any interest in such property therein, and nor 
607  any lease of real property for a term of 1 year or longer, is 
608  not valid or shall be good and effectual in law or equity 
609  against creditors or subsequent purchasers for a valuable 
610  consideration and without notice, unless the conveyance, 
611  transfer, mortgage, interest, or lease is same be recorded in 
612  the official records, as defined in s. 28.222, of the county in 
613  which the property is located, and according to law; nor shall 
614  any such instrument made or executed by virtue of any power of 
615  attorney is not valid or be good or effectual in law or in 
616  equity against creditors or subsequent purchasers for a valuable 
617  consideration and without notice unless the power of attorney is 
618  be recorded in the official records of the county in which the 
619  property is located before the accruing of the right of such 
620  creditor or subsequent purchaser. Grantees by quitclaim may not 
621  be denied the status of a bona fide purchaser without notice 
622  within the meaning of the recording acts solely based upon 
623  having received title by a quitclaim deed. 
624         (2) Liens for improvements, services, fines, or penalties 
625  attaching to real property by any governmental entity, or any 
626  other quasi-governmental entity authorized to assess, impose, or 
627  create such liens, except liens for taxes, special assessments 
628  levied and collected under the uniform method described in s. 
629  197.3632, and utility services, are valid and effectual against 
630  creditors and subsequent purchasers for a valuable consideration 
631  only upon being recorded in the official records of the county 
632  in which the property is located and containing the name of the 
633  owner of record, a legally sufficient legal description of the 
634  property, and the tax or parcel identification number applicable 
635  to the property as of the date of assessment. The priority of a 
636  lien described in this subsection is based upon its order of 
637  recordation unless the recorded notice of such lien clearly 
638  states a higher priority and includes a citation to the statute 
639  or ordinance authorizing such higher priority. This section 
640  supersedes any conflicting home rule power provisions and any 
641  provisions granting authority under any act, ordinance, or order 
642  creating any governmental or quasi-governmental entity. 
643         (3) Liens assessed, imposed, or created by any governmental 
644  or quasi-governmental entity may be assigned by assignment 
645  recorded in the official records of the county in which the 
646  property is located. Any person other than the present owner of 
647  the property involved who pays any such unsatisfied lien is 
648  entitled to receive an assignment of the lien and shall be 
649  subrogated to the rights of the governmental or quasi 
650  governmental entity with respect to the enforcement of such 
651  lien, as permitted by law. Grantees by quitclaim, heretofore or 
652  hereafter made, shall be deemed and held to be bona fide 
653  purchasers without notice within the meaning of the recording 
654  acts. 
655         Section 13. If any provision of this act or the application 
656  thereof to any person or circumstance is held invalid, the 
657  invalidity shall not affect other provisions or applications of 
658  the act which can be given effect without the invalid provision 
659  or application, and to this end the provisions of this act are 
660  declared severable. 
661         Section 14. This act shall take effect July 1, 2010.