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Florida Statute 170.10 - Full Text and Legal Analysis
Florida Statute 170.10 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 170.10 Case Law from Google Scholar Google Search for Amendments to 170.10

The 2025 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 170
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS
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170.10 Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process.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 any part thereof, or any annual interest upon deferred payments, the governing authority of the municipality shall cause to be brought the necessary legal proceedings by a bill in chancery to enforce payment thereof with all accrued interest and penalties, together with all legal costs incurred, including a reasonable solicitor’s fee, to be assessed as part of the costs and in the event of default in the payment of any installment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalties thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment service of process against unknown or nonresident defendants may be had by publication, as now provided by law in other chancery suits. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceeding may be instituted and prosecuted under chapter 173.
History.s. 10, ch. 9298, 1923; CGL 3031; s. 7, ch. 59-396.

F.S. 170.10 on Google Scholar

F.S. 170.10 on CourtListener

Amendments to 170.10


Annotations, Discussions, Cases:

Cases Citing Statute 170.10

Total Results: 5  |  Sort by: Relevance  |  Newest First

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City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2d DCA 1983).

Cited 8 times | Published | Florida 2nd District Court of Appeal

...Our research does not reveal express preemption by the Florida legislature in this area. Appellee, in making an argument that the state legislature has preempted this area, points to the fact that the state legislature has provided for attorney's fees in special assessment suits. § 170.10, Fla. Stat. (1981). Appellee suggests this indicates legislative intent to reserve to itself the sole power to provide all other instances where municipalities may claim attorney's *1244 fees. However, in our opinion section 170.10 does not "expressly preempt" or impliedly preclude municipalities from providing for costs and attorney's fees in other appropriate instances of litigation....
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Remington Comm. v. Educ. Found., 941 So. 2d 15 (Fla. 5th DCA 2006).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 2347005

...hat School, even if exempt, may not avoid the assessment liens at issue here because the liens were in place before School took title to the land. However, we are left to consider whether the liens may be enforced by forced sale of the property. *18 Section 170.10, Florida Statutes (2005), provides that, upon default in the payment of an assessment installment, the governing authority may proceed in chancery to foreclose the lien and sell the property to satisfy the lien....
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Ago (Fla. Att'y Gen. 2002).

Published | Florida Attorney General Reports

collection provided in chapter 170 or chapter 197." Section 170.10, Florida Statutes, empowers the governing authority
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Crews Lake Road & Bridge Dist. v. Pineview Estates, Inc. (In re Pineview Estates, Inc.), 57 B.R. 483 (Bankr. M.D. Fla. 1986).

Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6985

...1821(c) took over the assets of Metropolitan and pursuant to a “Purchase and Assumption Agreement” acquired among other receivables the mortgage encumbering the subject property now owned by Pineview, the Debt- or. On September 14, 1984 the District instituted an action pursuant to § 170.10 Fla....
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Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

...162 , F.S., imposing such liens for charges by the city to remove health and safety threats which are in violation of city codes? SUMMARY: 1. The City of Lauderhill is authorized by s. 162.10 , F.S., to recover all costs incurred in foreclosing on a code enforcement board lien imposed pursuant to Ch. 162, F.S 2. Section 170.10 , F.S., authorizes a municipality to foreclose against a property owner for unpaid special assessments and to include legal costs incurred in such foreclosure....
...170 , F.S., are payable in the manner stipulated in the resolution providing for the improvement and 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....

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