Florida Statutes
Fla. Stat. § 170.10 (2025)
Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1983–2006 · leading case: City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2d DCA 1983).
City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2d DCA 1983). “§ 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.”
Remington Comm. v. Educ. Found., 941 So. 2d 15 (Fla. 5th DCA 2006). “*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.”
Crews Lake Road & Bridge Dist. v. Pineview Estates, Inc. (In re Pineview Estates, Inc.), 57 B.R. 483 (Bankr. M.D. Fla. 1986). “On September 14, 1984 the District instituted an action pursuant to § 170.10 Fla. Stat. in the Circuit Court in and for Pasco County and sought to foreclose the tax liens imposed on the subject property by the special assessment levied on the property by the District.”
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