The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 170
SUPPLEMENTAL AND ALTERNATIVE METHOD OF MAKING LOCAL MUNICIPAL IMPROVEMENTS

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F.S. 170.08

170.08 Final consideration of special assessments; equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assessment.—At the time and place named in the notice provided for in s. 170.07, the governing authority of the municipality shall meet and hear testimony from affected property owners as to the propriety and advisability of making the improvements and funding them with special assessments on property. Following the testimony, the governing authority of the municipality shall make a final decision on whether to levy the special assessments. Thereafter, the governing authority shall meet as an equalizing board to hear and consider any and all complaints as to the special assessments and shall adjust and equalize the assessments on a basis of justice and right. When so equalized and approved by resolution or ordinance of the governing authority, a final assessment roll shall be filed with the governing authority of the municipality, and such assessments shall stand confirmed and remain legal, valid, and binding first liens upon the property against which such assessments are made until paid; however, upon completion of the improvement, the municipality shall credit to each of the assessments the difference in the assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the improvement to be paid by special assessments as finally determined upon the completion of the improvement, but in no event shall the final assessments exceed the amount of benefits originally assessed. Promptly after such confirmation, the assessments shall be recorded by the city clerk in a special book, to be known as the “Improvement Lien Book,” and the record of the lien in this book shall constitute prima facie evidence of its validity. The governing authority of the municipality may by resolution grant a discount equal to all or a part of the payee’s proportionate share of the cost of the project consisting of bond financing costs, such as capitalized interest, funded reserves, and bond discount included in the estimated cost of the project, upon payment in full of any assessment during such period prior to the time such financing costs are incurred as may be specified by the governing authority.

History.—s. 8, ch. 9298, 1923; CGL 3029; s. 5, ch. 59-396; s. 1, ch. 78-330; s. 73, ch. 81-259; s. 6, ch. 87-103.

F.S. 170.08 on Google Scholar

F.S. 170.08 on Casetext

Amendments to 170.08

Arrestable Offenses / Crimes under Fla. Stat. 170.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 170.08.

Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. CARILLO,, 860 F.3d 1293 (10th Cir. 2017)

. . . However, wiretaps identified Sparks conspired to distribute a total of 170.08 grams of heroin on two . . .

H B BUILDERS, INC. L. M. M. v. CITY OF SUNRISE, a, 727 So. 2d 1068 (Fla. Dist. Ct. App. 1999)

. . . “Section 170.08 [Florida Statutes] provides that a special assessment lien attaches to property at the . . . Section 170.08 provides that a special assessment lien attaches to property at the time the governing . . .

KEENAN, v. CITY OF EDGEWATER,, 684 So. 2d 226 (Fla. Dist. Ct. App. 1996)

. . . Section 170.08 provides that a special assessment lien attaches to property at the time the governing . . .

J L ENTERPRISES, J. G. v. J. JONES,, 614 So. 2d 1151 (Fla. Dist. Ct. App. 1993)

. . . municipality equalizes and approves the special assessment by resolution or ordinance, pursuant to section 170.08 . . .

DAVIS WATER WASTE INDUSTRIES, INC. v. EMBRY DEVELOPMENT CORP. a, 603 So. 2d 1357 (Fla. Dist. Ct. App. 1992)

. . . . §§ 170.02-170.08, Fla.Stat. (1989). . . .

RINKER MATERIALS CORPORATION, a v. TOWN OF LAKE PARK, a, 494 So. 2d 1123 (Fla. 1986)

. . . scheduling a hearing on November 5, 1985 for the Council to meet as an equalizing board pursuant to section 170.08 . . .

REIS v. CITY OF CLERMONT,, 34 Fla. Supp. 50 (Lake Cty. Cir. Ct. 1970)

. . . In support of his theory he cites §§ 170.08 and 184.05(9) Florida Statutes; article 1, §2 and article . . .

CAPE DEVELOPMENT COMPANY v. CITY OF COCOA BEACH,, 192 So. 2d 766 (Fla. 1966)

. . . Section 170.08, F.S.A, . F. S. Section 170.11, F.S.A. . Baya v. . . .

COUNTY NAT. BANK TRUST CO. OF SANTA BARBARA v. HELVERING,, 122 F.2d 29 (D.C. Cir. 1941)

. . . the court to the taxpayer, hence that, since the taxpayer received no income except the item of $2,-170.08 . . .