Florida/Georgia Personal Injury & Workers Compensation

...On the appellees’ motion, the trial court dismissed the amended complaint with prejudice, ruling that the present suit is time-barred by the applicable five-year statute of limitations. In its amended complaint, the City requests relief under sections 153.67 and 159.17, Florida Statutes (2005). Section 153.67 establishes liens for the nonpayment of water or sewer charges. Section 159.17 establishes liens for unpaid water, sewer, or gas service charges. Both statutes instruct that the respective liens are *170 enforceable in the manner provided by law for the foreclosure of mortgages on real property. See §§ 158.67, 159.17, Fla....

...166.045 , F.S., as part of the Municipal Home Rule Powers Act; s. 166.045 , F.S., was renumbered as s. 180.135 , F.S. (1984 Supp.), by the Division of Statutory Revision. 2 See, Senate Staff Analysis, Committee Substitute for Senate Bill 1057, Economic, Consumer and Community Affairs Committee, July 3, 1984. 3 Section 159.17 , F.S., provides that any municipality issuing revenue bonds pursuant to Ch....

...180.135 , F.S., operates prospectively and does not affect liens imposed prior to its effective date or liens resulting from nonpayment of services which were financed by revenue bonds issued prior to the effective date of s. 180.135 , F.S., pursuant to s. 159.17 , F.S....

projects and improvements as defined therein. Section 159.17, F.S., of the act provides: Any municipality

...33030-6299 Dear Mr. Watkins: This is in response to your request for an opinion on substantially the following questions: 1. DOES SECTION 361.15 , F.S., GRANT TO THE CITY OF HOMESTEAD ELECTRIC UTILITY SYSTEM THE SAME LIEN RIGHTS AS ARE SET FORTH IN SECTION 159.17 , F.S., RELATIVE TO WATER SYSTEMS, SEWER SYSTEMS, OR GAS SYSTEMS; IF A LIEN RIGHT IS IMPOSED, IS THE PHRASE "UNPAID UTILITY BILLS" TO BE CONSIDERED AS "SERVICE CHARGES" UNDER THE STATUTE? 2. IF THE ANSWER TO QUESTION NO. 1, IS IN THE AFFIRMATIVE, DOES FLORIDA STATUTE 159.17 , GRANT AUTOMATICALLY PERFECTED LIENS FOR UNPAID ELECTRIC UTILITY SERVICES AGAINST THE PROPERTY SERVICED WITHOUT THE CITY OF HOMESTEAD HAVING TO ACT FURTHER IN PERFECTING ITS LIEN; OR, IF THE CITY OF HOMESTEAD HAS SUCH LIEN RIGHTS FOR ITS ELEC...

...OF LIEN OR CLAIM OF LIEN UPON THE PUBLIC RECORDS OF THE COUNTY IN WHICH HOMESTEAD IS LOCATED, I.E., DADE COUNTY. 3. IF THE ANSWER TO QUESTION NO. 1, IS IN THE AFFIRMATIVE, IS THE CITY OF HOMESTEAD, UNDER FLORIDA STATUTE 361.15 , AND FLORIDA STATUTE 159.17 , REQUIRED TO GIVE INFORMATION TO THIRD PARTIES AS TO WHETHER OR NOT THERE EXIST UNPAID UTILITY BILLS FOR A CERTAIN PREMISES UNLESS AND UNTIL SUCH TIME AS SUCH UNPAID UTILITY BILL HAS BEEN ESTABLISHED AS A LIEN ON THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA....

...part I of chapter 159." (e.s.) Part I of Chapter 159 , F.S., the "Revenue Bond Act of 1953" authorizes the issuance of revenue bonds for the acquisition or construction and payment of the cost of certain projects and improvements as defined therein. Section 159.17 , F.S. provides: 159.17 Lien of service charges....

...arity with the lien of such state, county and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by such municipality in the manner provided by the laws of Florida for the foreclosure of mortgages on real property. Section 159.17 , F.S., in effect creates a lien on all properties served by the designated utility systems for all service charges for such facilities until paid and provides for the foreclosure of any delinquent liens but that statute is not concerned with the issuance of bonds or the exercise of powers in connection with the "authorization, issuance, and sale of bonds." For that reason, it does not appear that the liens provided for in s 159.17 or the provisions thereof for the enforcement of such liens are incorporated by reference into s 361.15 ....

...City of Miami Beach, 250 So.2d 289 (3 D.C.A.Fla., 1971); Dade County v. Certain Lands, 247 So.2d 787 (3 D.C.A.Fla., 1971); see also, AGO 73-448. In summary, it is my opinion that s 361.15 , F.S., does not operate to grant to the City of Homestead electric utility system the same lien rights as are set forth in s 159.17 , F.S., since s 361.15 incorporates by reference only those powers in Part I of Ch....