CopyCited 60 times | Published | District Court, M.D. Florida | 1989 U.S. Dist. LEXIS 8317, 1989 WL 79982
...A pesticide that is duly registered with the EPA must bear a label which contains EPA-approved warnings that the product is adequate to protect health and the environment. 7 U.S.C. § 136(q)(1)(G). Moreover, a label cannot contain language that is not approved by the EPA. 40 C.F.R. § 162.10(a) Pursuant to the regulations promulgated under FIFRA, the EPA not only specifies the particular warning language required, see 40 C.F.R. § 162.10(a)(1), but also the type size, see 40 C.F.R. § 162.10(a)(2)(ii)(A), color, see 40 C.F.R. § 162.10(a)(2)(ii)(B), and placement, see 40 C.F.R. § 162.10(a)(4), of the warning and all other specifications concerning labeling....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2017 WL 1018521, 2017 Fla. App. LEXIS 3435
...sonal property owned by the violator.” Id. If not paid within three months from the date of recording, the local government may “foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest.” Id. Section
162.10, titled “Duration of Lien,” provides, in pertinent part, that: No lien provided under the Local Government Code Enforcement Boards Act shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action is commenced pursuant to s.
162.09(3) in a court of competent jurisdiction. §
162.10, Fla. Stat. (2003). Thus, when read in conjunction with section
162.09(3), the plain language of section
162.10 establishes that a local government has twenty years from the date a code enforcement lien is recorded to file a lawsuit seeking to foreclose or recover a money judgment on the lien....
...n the time prescribed in this chapter or, if a different time is prescribed elsewhere in these statutes, within the time prescribed elsewhere.”(emphasis added)). Although the plain language implications of the statute of limitations as outlined in section 162.10 appears to be an issue of first impression, the above-outlined interpretation is consistent with the construction given to limitations periods contained in other lien statutes....
...Yudell,
863 So.2d 413, 416 (Fla. 4th DCA 2003) (holding that more specific statute of limitations contained in chapter 713 controlled in construction lien foreclosure case as opposed to general limitations period outlined in Chapter 95). Employing this same logic to a reading of section
162.10, it is plain that the applicable statute of limitations for filing suit to foreclose a code enforcement lien is twenty years....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1995 WL 40358, 1995 Fla. App. LEXIS 791
...ing the current amount of the fine. That order shall constitute a lien, and the trial court can then enter judgment to foreclose on it. Appellant, as the prevailing party, will be entitled to recover all costs, including a reasonable attorney's fee. § 162.10, Fla....
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...170 , F.S.; and 3. A municipal board or department created other than by Ch. 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....
...5 AS TO QUESTION 1: Initially, I would note that this office has concluded that a local government which elects to proceed pursuant to Part I, Ch. 162 , F.S., to enforce its technical codes has no delegated authority from the Legislature to alter or regulate the statutorily prescribed enforcement procedures in any way. 6 Section 162.10 , F.S., provides in part that "[i]n an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee, that it incurs in the foreclosure." 7 To the extent that the City of Lauderhill has created a code enforcement board pursuant to Part I, Ch....
...or ordinances which authorizes the recovery of costs except as discussed herein. 10 1 Compare , AGO 84-55 in which this office concluded that such fees or costs could not be imposed by code enforcement boards. Subsequent to issuance of this opinion s. 162.10 , F.S., was amended to authorize the recovery of all costs by the prevailing party in a foreclosure action pursuant to Ch....
