The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 173
FORECLOSURE OF MUNICIPAL TAX AND SPECIAL ASSESSMENT LIENS

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F.S. 173.09

173.09 Judgment for complainant; special magistrate’s sale; complainant may purchase and later sell.—

(1) Any such decree shall direct the special magistrate thereby appointed to sell the several parcels of land separately to the highest and best bidder for cash (or, at the option of complainant, to the extent of special assessments included in such judgment, for bonds or interest coupons issued by complainant), at public outcry at the courthouse door of the county in which such suit is pending, or at such point or place in the complainant municipality as the court in such final decree may direct, after having advertised such sale (which advertisement may include all lands so ordered sold) once each week for 2 consecutive weeks in some newspaper published in the city or town in which the complainant is situated or, if there is no such newspaper, in a newspaper published in the county in which the suit is pending, and if all the lands so advertised for sale be not sold on the day specified in such advertisement, such sale shall be continued from day to day until the sale of all such land is completed.

(2) Such sales shall be subject to confirmation by the court, and the special magistrate shall, upon confirmation of the sale or sales, deliver to the purchaser or purchasers at said sale a deed of conveyance of the property so sold; provided, however, that in any case where any lands are offered for sale by the special magistrate and the sum of the tax, tax certificates and special assessments, interest, penalty, costs, and attorney’s fee is not bid for the same, the complainant may bid the whole amount due and the special magistrate shall thereupon convey such parcel or parcels of land to the complainant.

(3) The property so bid in by complainant shall become its property in fee simple and may be disposed of by it in the manner provided by law, except that in the sale or disposition of any such lands the city or town may, in its discretion, accept in payment or part payment therefor any bonds or interest coupons constituting liabilities of said city or town.

History.—s. 5, ch. 15038, 1931; CGL 1936 Supp. 3004(6); s. 66, ch. 2004-11.

F.S. 173.09 on Google Scholar

F.S. 173.09 on Casetext

Amendments to 173.09

Arrestable Offenses / Crimes under Fla. Stat. 173.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 173.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

PEYTON, v. CITY OF YAZOO CITY, MISSISSIPPI,, 764 F. Supp. 2d 831 (S.D. Miss. 2011)

. . . Though the Plaintiff argues, as evidence of discrimination, that Byrd was paid $173.09 more per pay period . . .

In ALMACS, INC., 178 B.R. 598 (Bankr. D.R.I. 1995)

. . . rates exceed local standards, they are reduced accordingly, and the blended hourly rate is set at $173.09 . . . Account Award Based on these findings and conclusions, we rule as follows: blended hourly rate of $173.09 . . .

D. J. JOHNSON, v. TAGGART, 92 So. 2d 606 (Fla. 1957)

. . . In addition he may have been influenced by Section 173.09, Florida Statutes, F.S.A., which requires notice . . .

DUNKLEY CO. v. CENTRAL CALIFORNIA CANNERIES, 7 F.2d 972 (9th Cir. 1925)

. . . Ainsley Packing Company, $173.09; J. F. . . .

GREENE v. UNITED STATES LOUCKS v. SAME, 274 F. 145 (5th Cir. 1921)

. . . Lake at the time of said Warren survey in 1839, as well as in 1812, when Louisiana became a state, was 173.09 . . . according to the calls in Warren’s field notes, did not follow the ordinary high-water elevation of 173.09 . . . but ran over high ground at distances varying from a few feet to about one-fourth of a mile from said 173.09 . . . by careful examination and by ecological and geological experts, and a meander line carefully run at 173.09 . . .

LANE v. UNITED STATES, 274 F. 290 (5th Cir. 1921)

. . . into the Union, in 1839, when Warren made his survey, and in 1917, when Kidder made his survey, was 173.09 . . .