Florida Senate - 2014                                    SB 1038
       
       
        
       By Senator Clemens
       
       
       
       
       
       27-01359-14                                           20141038__
    1                        A bill to be entitled                      
    2         An act relating to chronic nuisance service
    3         assessments; creating s. 193.0236, F.S.; authorizing a
    4         local government to levy non-ad valorem assessments to
    5         recover costs incurred in eliminating chronic
    6         nuisances on real property; requiring local
    7         governments that levy the assessments to adopt
    8         ordinances containing certain provisions; providing
    9         for payment and collection of the assessments;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 193.0236, Florida Statutes, is created
   15  to read:
   16         193.0236 Chronic nuisance service assessments.—
   17         (1) A local government as defined in s. 197.3632(1) may
   18  levy non-ad valorem assessments to recover costs incurred in
   19  providing services to eliminate chronic nuisances on real
   20  property.
   21         (2) A local government that levies a chronic nuisance
   22  service assessment under this section must adopt an ordinance
   23  that:
   24         (a) Specifies activities that constitute a nuisance.
   25         (b) Defines the term “chronic nuisance” and specifies
   26  factors, such as the type of nuisance and the frequency of
   27  occurrence, which determine the existence of a chronic nuisance.
   28         (c) Establishes the procedures by which the local
   29  government provides notice of the chronic nuisance to the owner
   30  of the real property.
   31         (d) Provides a specified period for the owner to correct
   32  the chronic nuisance before an assessment is levied.
   33         (e) Establishes an appeals process that permits the owner
   34  to appeal the notice of the chronic nuisance and present a
   35  defense.
   36         (3) A non-ad valorem assessment levied under this section
   37  remains a lien, coequal with the lien of all state, county,
   38  district, and municipal taxes and superior in dignity to all
   39  other liens, titles, and claims, until paid. A local government
   40  may collect the assessments pursuant to the uniform method
   41  provided in s. 197.3632 or an alternative method provided by
   42  law.
   43         Section 2. This act shall take effect July 1, 2014.