Bulletin: FL000048

Dear Associates:

There is a general misconception concerning the scope of Code Enforcement Liens on real property. Many believe the lien applies only to the property which is the subject of the violation. This is not the case. A code enforcement lien has the same characteristics a judgment lien has against the violator. It attaches not only to the property on which the violation exists, but also on other property owned by the violator in the county(s) in which the lien is recorded.

F.S. Section 162.09 (3) reads:

"A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator..."

In addition, a code violation remains a lien against all of the violator's property for twenty years after a certified copy of the lien is recorded.

Therefore, unless a code violation has been satisfied on the record by the local governing body or has been recorded for longer than twenty years, or is paid off at closing, an exception must be taken for it on any property owned by the violator in a county in which the lien is recorded.