MyFloridaCode.com

Tue Jul 20 22:41:31 EDT 2010

Mark:

thanks for finding that statute
I think I'll save that
that could be a lifesaver for a lot of people

glen mast
  ----- Original Message ----- 
  From: Marks, Adrian 
  To: David Ritter, ; codetalk at myfloridacode.com 
  Sent: Tuesday, July 20, 2010 4:35 PM
  Subject: Re: [Florida Code Talk] How far back can building department goback onpermits.

  It may be wise for the owner to work with the department and come up with a mutual agreement. It will probably cost less than attorney and court fees. 

        The 2009 Florida Statutes

       Title VIII
                    LIMITATIONS
                   Chapter 95
                    LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
                   View Entire Chapter

              95.11  Limitations other than for the recovery of real property.--Actions other than for recovery of real property shall be commenced as follows: 

              (1)  WITHIN TWENTY YEARS.--An action on a judgment or decree of a court of record in this state. 

              (2)  WITHIN FIVE YEARS.-- 

              (a)  An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. 

              (b)  A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05(10) and 713.23(1)(e). 

              (c)  An action to foreclose a mortgage. 

              (d)  An action alleging a willful violation of s. 448.110. 

              (3)  WITHIN FOUR YEARS.-

              (a)  An action founded on negligence. 

              (b)  An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. 

              (c)  An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. 

              (d)  An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. 

              (e)  An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. 

              (f)  An action founded on a statutory liability. 

              (g)  An action for trespass on real property. 

              (h)  An action for taking, detaining, or injuring personal property. 

              (i)  An action to recover specific personal property. 

              (j)  A legal or equitable action founded on fraud. 

              (k)  A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. 

              (l)  An action to rescind a contract. 

              (m)  An action for money paid to any governmental authority by mistake or inadvertence. 

              (n)  An action for a statutory penalty or forfeiture. 

              (o)  An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections (4), (5), and (7). 

              (p)  Any action not specifically provided for in these statutes. 

              (q)  An action alleging a violation, other than a willful violation, of s. 448.110. 

  From: codetalk-bounces at myfloridacode.com [mailto:codetalk-bounces at myfloridacode.com] On Behalf Of David Ritter,
  Sent: Tuesday, July 20, 2010 12:11 PM
  To: codetalk at myfloridacode.com
  Subject: [Florida Code Talk] How far back can building department go back onpermits.

  I represented a Buyer on a property in Dunedin, FL.  They bought a house in 2009.  In 1979 Dunedin gave a permit on a carport and to cut in a window.  The window was never started or complete and the carport was not signed off on.  Dunedin is coming after the new homeowner wanting them to get a permit to fill in a window that was never installed and get a permit for the carport, which will not pass today's code.  They are threaten a $250 a day fine un till this 31 year old permit is satisfied.  Is this legal?  Can anyone recommend an attorney that is willing to sue The City of Dunedin?  

  Any input would be appreciated.

  David Ritter, Broker

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