170.09 Priority of lien; interest; and method of payment.—The special assessments shall be payable at the time and in the manner stipulated in the resolution providing for the improvement; shall remain liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid; shall bear interest, at a rate not to exceed 8 percent per year, or, if bonds are issued pursuant to this chapter, at a rate not to exceed 1 percent above the rate of interest at which the improvement bonds authorized pursuant to this chapter and used for the improvement are sold, from the date of the acceptance of the improvement; and may, by the resolution aforesaid and only for capital outlay projects, be made payable in equal installments over a period not to exceed 30 years notwithstanding any special act to the contrary, to which, if not paid when due, there shall be added a penalty at the rate of 1 percent per month, until paid. However, the assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the governing authority.
...established under chapter 695. For example, section 197.122(1), Florida Statutes (2004), provides that “[a]ll taxes imposed pursuant to the State Constitution and laws of this state shall be a first lien, superior to all other liens.” Similarly, section 170.09, Florida Statutes (2004), provides that special assessment liens are “coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all other liens, titles, and claims, until paid.” II....
Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1995 WL 303
...Although the statutes do not require a municipality to give actual notice of the proposed improvements or the hearings to those who are not property owners, it does require that the municipality publish notice of the hearings and proposed improvements. Id. Florida Statutes § 170.09 provides that once confirmed, these special assessments constitute liens on the improved property, which are coequal with the lien of other taxes and superior to all other liens, titles, and claims until paid....
...1997).
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The decision of the Legislature to allow what are essentially home
improvement loans to be repaid through special assessments presents significant
ramifications because these loans receive priority over existing mortgages, which I
find troublesome. See § 170.09, Fla....
...*1069 The initial resolution was adopted by the city in 1981 and provided that the cost of the construction of the improvements for streets, sewers, and drainage would be paid for by levying and collecting special assessments on the adjoining property. The resolution further provided, in accordance with section 170.09, Florida Statutes, that all of the assessments may be paid in full without interest at any time within thirty days after the improvements were completed and a resolution adopting the same had been passed by the city....
...permitting a challenge ten, fifteen, or twenty years after the financing. Section 170.11 provides that “[a]ny surplus remaining after payment of all bonds and interest thereon shall revert to the city and be used for any municipal purpose,” and section 170.09 provides that if bonds are issued pursuant to chapter 170, the special assessments shall bear interest ......
...d shall remain liens until paid. 9 If a property owner fails to pay the special assessment or interest imposed when it is due, the statutes provide a method for foreclosure. Section 170.10 , F.S., states that: Each annual installment provided for in s. 170.09 shall be paid upon the dates specified in said resolution, with interest upon all deferred payments, until the entire amount of said assessment has been paid, and upon the failure of any property owner to pay any annual installment due, or...
...170.01 (1)(a), F.S.; construction and repair of sanitary sewers and drains, s. 170.01 (1)(b), F.S.; offstreet parking facilities, parking garages, or similar facilities, s. 170.01 (1)(e), F.S.; and mass transportation systems, s. 170.01 (1)(f), F.S. 9 Section 170.09 , F.S....
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