MyFloridaCode.com

An HTML attachment was scrubbed...
URL: http://myfloridacode.com/pipermail/codetalk/attachments/20100721/b0952f20/attachment.html 
-------------- next part --------------

Are you looking for a local attorney?  I'm in Northeast Florida and know of several attorneys that are familiar with this type of issue.




---------[ Received Mail Content ]----------

 Subject : Re: [Florida Code Talk] How far back can building department go	back onpermits.

 Date : Tue, 20 Jul 2010 16:35:04 -0400

 From : "Marks, Adrian" <amarks at ponce-inlet.org>

 To : "David Ritter," <ritterrealestate at aol.com>, <codetalk at myfloridacode.com>


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

tle_Request=VIII#TitleVIII> 
LIMITATIONS

Chapter 95

URL=Ch0095/titl0095.htm> 
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

View Entire Chapter

URL=Ch0095/ch0095.htm> 

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

Search_String=&amp;URL=Ch0255/Sec05.HTM> (10) and 713.23

Search_String=&amp;URL=Ch0713/Sec23.HTM> (1)(e). 

(c) An action to foreclose a mortgage. 

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

Search_String=&amp;URL=Ch0448/Sec110.HTM> 

(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.

Search_String=&amp;URL=Ch0448/Sec110.HTM> 

 

 

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