170.14
Governing authority of municipality required to make new assessments until valid assessment is made if special assessment is omitted or held invalid.
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170.14 Governing authority of municipality required to make new assessments until valid assessment is made if special assessment is omitted or held invalid.—If any special assessment made under the provisions of this chapter to defray the whole or any part of the expense of any said improvement shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the governing authority of any municipality shall be satisfied that any such assessment is so irregular or defective that the same cannot be enforced or collected, or if the governing authority of a municipality shall have omitted to make such assessment when it might have done so, the governing authority of the municipality shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefited by any improvement, following as nearly as may be the provisions of this chapter and in case such second assessment shall be annulled, said governing authority of any municipality may obtain and make other assessments until a valid assessment shall be made.
History.—s. 14, ch. 9298, 1923; CGL 3035; s. 11, ch. 59-396.
Notes of Decisions
Cited in 4
cases, 1967–2017 · leading case: Moody v. City of Vero Beach
Moody v. City of Vero Beach (1967)
“170 contemplate assessments for improvements previously completed? (2) Assuming such an assessment is permissible, is it valid as against one who purchased property after the improvement was complete but before the assessment was levied? An affirmative answer to the first…”
Olde Florida Investments, Ltd. v. Port of the Islands Community Improvement District (In Re Olde Florida Investments, Lt (2003)
“§ 170.14 . According to the Debtor, this Section provides, inter alia, that if the governing authority of the municipality is required to make new assessments, it can only be made if the previous assessment was either in whole or in part annulled, vacated, or set aside by…”
CITY OF COOPER CITY v. WALTER S. JOLIFF, BARBARA JOLIFF & BRENDA J. KEZAR (2017)
“” § 170.14, Fla. Stat. (2016). Here, Cooper City issued a special assessment and the only challenge raised on' appeal by the Plaintiffs is to its apportionment.”
Olde Florida Investments, Ltd. v. Port of the Islands Community Improvement District (In Re Olde Florida Investments, Lt (2001)
“Having concluded earlier that under the applicable statute, in the event the amount of the assessment against the Debtor’s property is altered or changed, both Section 170.14 of the Florida Statutes and the Trust Indenture, Section 5.”
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