City Ordinance Found to Conflict with State Statutes

City of Palm Bay v. Wells Fargo Bank, N.A., 38 Fla. L. Weekly S322a, Supreme Court of Florida Case No. SC11-514, issued on May 16, 2013: While the majority opinion acknowledges that a Florida municipality is given broad authority to enact ordinances under its home rule powers as set forth in Article VIII, Section 2(b), Florida Constitution "except as provided by law,", and section 166.021, Florida Statutes, the court upheld the 5th DCA's opinion that the city "superpriority" ordinance provision for code enforcement liens is invalid as being in conflicts with state statutes giving recorded mortgages priority.

(From RPPTL Subcommittee) 


Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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