Florida Statute 170.10 | 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. 170.10

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.

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Amendments to 170.10

Arrestable Offenses / Crimes under Fla. Stat. 170.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.10.

Annotations, Discussions, Cases:

Cases Citing Statute 170.10

Total Results: 8

People's Trust Insurance Co. v. Pesta

Court: District Court of Appeal of Florida | Date Filed: 2016-06-01

Citation: 199 So. 3d 970, 2016 WL 3088123, 2016 Fla. App. LEXIS 8332

Snippet: cancelation of a policy. Fla. Admin. Code R. 690-170.010(1) (explaining that the unearned premium amount

Remington Comm. v. Education Foundation

Court: District Court of Appeal of Florida | Date Filed: 2006-11-03

Citation: 941 So. 2d 15, 2006 WL 2347005

Snippet: enforced by forced sale of the property. *18 Section 170.10, Florida Statutes (2005), provides that, upon default

Ago

Court: Florida Attorney General Reports | Date Filed: 2002-06-12

Snippet: provided in chapter 170 or chapter 197." Section 170.10, Florida Statutes, empowers the governing authority

Ago

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

Snippet: public." 7 Section 170.08, Fla. Stat. 8 And see, s. 170.10, Fla. Stat., providing for legal proceedings instituted

In Re Amendments to Fla. Rules for Mediators

Court: Supreme Court of Florida | Date Filed: 2000-02-03

Citation: 762 So. 2d 441, 2000 WL 124396

Snippet: Certified and Court-Appointed Mediators. Rule 10.170 10.710. Privilege to Mediate Certification to mediate

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-04-26

Snippet: statutes provide a method for foreclosure. Section 170.10, F.S., states that: Each annual installment provided

City of Venice v. Valente

Court: District Court of Appeal of Florida | Date Filed: 1983-03-25

Citation: 429 So. 2d 1241

Snippet: attorney's fees in special assessment suits. § 170.10, Fla. Stat. (1981). Appellee suggests this indicates

Benefield v. State

Court: Supreme Court of Florida | Date Filed: 1964-02-12

Citation: 160 So. 2d 706

Snippet: stated his purpose. Read v. Case, 4 Conn. 166, 170 [10 Am.Dec. 110]; see, Restatement, Torts, § 306, comment