Florida Statute 170.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 170
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS

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F.S. 170.08

170.08 Final consideration of special assessments; equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assessment.—At the time and place named in the notice provided for in s. 170.07, the governing authority of the municipality shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the governing authority of the municipality shall make a final decision on whether to levy the special assessments. Thereafter, the governing authority shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right. When so equalized and approved by resolution or ordinance of the governing authority, a final assessment roll shall be filed with the governing authority of the municipality, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assessments are made until paid; however, upon completion of the improvement, the municipality shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the improvement to be paid by special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessments exceed the amount of benefits originally assessed. Promptly after such confirmation, the assessments shall be recorded by the city clerk in a special book, to be known as the “Improvement Lien Book,” and the record of the lien in this book shall constitute prima facie evidence of its validity. The governing authority of the municipality may by resolution grant a discount equal to all or a part of the payee’s proportionate share of the cost of the project consisting of bond financing costs, such as capitalized interest, funded reserves, and bond discount included in the estimated cost of the project, upon payment in full of any assessment during such period prior to the time such financing costs are incurred as may be specified by the governing authority.

History.—s. 8, ch. 9298, 1923; CGL 3029; s. 5, ch. 59-396; s. 1, ch. 78-330; s. 73, ch. 81-259; s. 6, ch. 87-103.

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Amendments to 170.08

Arrestable Offenses / Crimes under Fla. Stat. 170.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.08.

Annotations, Discussions, Cases:

Cases Citing Statute 170.08

Total Results: 14

State v. Alberto

Court: District Court of Appeal of Florida | Date Filed: 2003-06-18

Citation: 847 So. 2d 1091, 2003 WL 21396013

Snippet: offenses." Based upon the total sentence points of 170.8, the state recommended appellee be sentenced to

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-10-03

Snippet: whether to levy the special assessments. Section 170.08, Florida Statutes, provides further that: "Thereafter

H & B Builders, Inc. v. City of Sunrise

Court: District Court of Appeal of Florida | Date Filed: 1999-02-24

Citation: 727 So. 2d 1068, 1999 Fla. App. LEXIS 1773, 1999 WL 89550

Snippet: limitations and which statute is applicable. Section 170.08 provides that a special assessment lien attaches

Keenan v. City of Edgewater

Court: District Court of Appeal of Florida | Date Filed: 1996-11-22

Citation: 684 So. 2d 226, 1996 Fla. App. LEXIS 12301, 1996 WL 672985

Snippet: limitations and which statute is applicable. Section 170.08 provides that a special assessment lien attaches

J & L ENTERPRISES v. Jones

Court: District Court of Appeal of Florida | Date Filed: 1993-02-17

Citation: 614 So. 2d 1151, 1993 WL 36284

Snippet: by resolution or ordinance, pursuant to section 170.08, Florida Statutes, even if the improvements have

Davis Water & Waste Industries, Inc. v. Embry Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-08-18

Citation: 603 So. 2d 1357, 1992 Fla. App. LEXIS 9161, 1992 WL 197776

Snippet: assessments against benefitted property. §§ 170.02-170.08, Fla.Stat. (1989). Finding no error in the trial

Sheffield v. Davis

Court: District Court of Appeal of Florida | Date Filed: 1990-05-25

Citation: 562 So. 2d 384, 1990 WL 68724

Snippet: 062, Florida Statutes (1987). [5] Fla.R.Juv.P. 8.170, 8.230 and 8.820. [6] Fla.R.App.P. 9.300. [7] Fla

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 536 So. 2d 178, 1988 Fla. LEXIS 1480, 1988 WL 143330

Snippet: 090, 8.100, 8.110, 8.120, 8.130, 8.140, 8.150, 8.170, 8.180, 8.190, 8.200, 8.210, 8.220, 8.230, 8.240,

Florida Bar

Court: Supreme Court of Florida | Date Filed: 1988-08-25

Citation: 530 So. 2d 920, 13 Fla. L. Weekly 506, 1988 Fla. LEXIS 1527, 1988 WL 90342

Snippet: 090, 8.100, 8.110, 8.120, 8.130, 8.140, 8.150, 8.170, 8.180, 8.190, 8.200, 8.210, 8.220, 8.230, 8.240,

Rinker Materials Corp. v. Town of Lake Park

Court: Supreme Court of Florida | Date Filed: 1986-08-21

Citation: 494 So. 2d 1123, 11 Fla. L. Weekly 437

Snippet: meet as an equalizing board pursuant to section 170.08. This resolution reiterated that the assessments

Ago

Court: Florida Attorney General Reports | Date Filed: 1985-08-28

Snippet: 4. WHAT IS THE LEGISLATIVE INTENT OF s. 163.170(8), F.S., WHICH AUTHORIZES A VARIANCE "ONLY FOR HEIGHT

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-08-11

Snippet: assessment by resolution or ordinance, pursuant to s. 170.08, F. S., even if the improvements have not been

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH v. Robuck

Court: District Court of Appeal of Florida | Date Filed: 1967-10-05

Citation: 203 So. 2d 204

Snippet: 296 S.W. 338 (1927); 50 Am.Jur., Suretyship § 170; 8 A.L.R. 1485; 66 A.L.R. 315; and 71 A.L.R. 1278

Cape Development Co. v. City of Cocoa Beach

Court: Supreme Court of Florida | Date Filed: 1966-12-14

Citation: 192 So. 2d 766, 1966 Fla. LEXIS 3179

Snippet: F.S. Section 170.07, F.S.A. [6] F.S. Section 170.08, F.S.A. [7] F.S. Section 170.11, F.S.A. [8] Baya