Florida Statute 170.09 | 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. 170.09

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.

History.—s. 9, ch. 9298, 1923; CGL 3030; s. 6, ch. 59-396; s. 1, ch. 61-349; s. 4, ch. 67-552; s. 3, ch. 80-318; s. 74, ch. 81-259; s. 5, ch. 82-195; s. 2, ch. 82-198; s. 33, ch. 83-204; s. 29, ch. 99-378.

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Amendments to 170.09

Arrestable Offenses / Crimes under Fla. Stat. 170.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.09.

Annotations, Discussions, Cases:

Cases Citing Statute 170.09

Total Results: 12

Florida Bankers Ass'n v. Florida Development Finance Corp.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Citation: 176 So. 3d 1258, 2015 WL 5996764

Snippet: existing mortgages, which I find troublesome. See § 170.09, Fla. Stat. (2014) (noting that special assessments

& SC14-1618 Florida Bankers Association v. Florida Development Finance Corporation, etc. & Robert Reynolds v. Florida Development Finance Corporation, etc.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Snippet: existing mortgages, which I find troublesome. See § 170.09, Fla. Stat. (2014) (noting that special assessments

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Supreme Court of Florida | Date Filed: 2013-05-16

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: as a pervasive scheme without exemptions. See § 170.09, Fla. Stat. (2004) (providing lien priority and

Ago

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

Snippet: time such financing costs are incurred. Section 170.09, Florida Statutes, provides that the special assessments

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: resolution further provided, in accordance with section 170.09, Florida Statutes, that all of the assessments