http://codeenforcementliens.blogspot.com/
Florida Code Enforcement Liens - Are they Unconstitutional against
Homestead Property?
by Darren Michaels - Private Attorney General - 42 USC 1988
Most Florida homeowners are unaware that judgment liens can be applied
against homestead property UNLESS certain specific statutory
requirements are fulfilled in their entirety. Once these requirements
are fulfilled then a code enforcement lien can NOT be "legally
enforceable" against your home.
FIRST, Any code enforcement officer or police officer or sheriff must
have a bona fide search warrant or prior consent and approval from the
owner which is legally required to step one foot on your private
property for any search of your premises. Never grant them consent!
You do not even has to speak to a law enforcement officer without the
present of counsel and they know this - so keep your mouth shut! This
is also a protected unalienable right.
See: MILLS v ROGERS, 457 US 291 (1982), the court ruled that People of
the states have the right to secure greater liberties within that
state than secured under federal law.
Let them go through the legal requirements of obtaining "probable
cause" to acquire a signed search warrant to enter on your private
property - why make it easy for them? A local government code
inspector or even a law enforcement officer is not legally authorized
to enter onto any private, commercial or residential property to
assure compliance with or to enforce the various technical codes or to
conduct any administrative inspections or searches without the consent
of the owner or the operator or occupant of such premises, or without
a duly issued search or administrative inspection warrant. If they
violate your rights then they are operating outside their legal scope
of authority and can be legally accountable,or possibly sued. All
government employees must be bonded or insured against such unlawful
acts involving the general public.
The Fourth Amendment to the United States Constitution, made
applicable to the states through the due process clause of the
Fourteenth Amendment,[5] guarantees to all persons the right to be
secure from unreasonable governmental intrusion. Further, the Florida
Constitution provides protection from unreasonable searches and
seizures in Article I, section 12:
"The right of the people to be secure in their persons, houses, papers
and effects against unreasonable searches and seizures, and against
the unreasonable interception of private communications by any means,
shall not be violated. No warrant shall be issued except upon probable
cause, sup****ted by affidavit, particularly describing the place or
places to be searched, the person or persons, thing or things to be
seized, the communication to be intercepted, and the nature of
evidence to be obtained. This right shall be construed in conformity
with the 4th Amendment to the United States Constitution, as
interpreted by the United States Supreme Court. Articles or
information obtained in violation of this right shall not be
admissible in evidence if such articles or information would be
inadmissible under decisions of the United States Supreme Court
construing the 4th Amendment to the United States Constitution."[6]
See: BOYD v. U S, 116 U.S. 616 (1886) and MIRANDA v. ARIZONA, 384 U.S.
436 (1966)
Administrative searches or inspections conducted outside the judicial
process without consent and without prior approval (as evidenced by an
administrative search warrant) are not reasonable, unless it can be
shown that the administrative search or inspection falls within one of
the well-established exceptions to this rule.[7] The protection from
unreasonable searches provided by section 12, Article I, Florida
Constitution, and the Fourth Amendment to the U.S. Constitution, are
extended to both business or commercial premises and to private
residences.[8]
If your personal and/or private rights have been violated against any
illegal search and even seizure that has occurred by any government
employee than you have a right to file a civil and criminal complaint
and/or possibly sue against all parties that trespassed upon your
property, including law enforcement officers also. These parties are
operating under "color of law" and outside their lawful scope of their
duties.
ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED -
The Supreme Court ruled that Municipalities cannot exert any acts of
owner****p and control over property that is not OWNED by them, see:
Palazzolov. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S. Ct.
(2001) (no\expiration date on the taking clause for City's illegal
enforcement of its Codes on the man's private property and restricting
the man's business), affirming both Lucas v South Carolina Coastal
Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).Code Enforcement cannot
restrict development of the man's private swampland unless they
lawfully acquire the land FIRST, surveying with binoculars constitutes
a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143
L. Ed. 2d 882S.Ct.
(1998).
Secondly, Florida Homestead Exemption does not protect your homestead
property against judgment liens or code enforcement liens (non-equity)
since the exemption form is filed directly with the Florida Department
of Revenue and is not a part of your public records.
A lien pursuant to chapter 55 of any lienor upon whom such notice is
served, who fails to institute an action for a declaratory judgment to
determine the constitutional homestead status of the property
described.
FLORIDA APPEALS COURT DECISIONS:
Fong v. Town of Bay Harbor Islands, 864 So.2d 76 (Fla. 3rd DCA 2003)
constitutional prohibition against forced sale of homestead property
prevents town from imposing lien on owner's real property for
continuing code violations where property had not lost its homestead
status); Miskin v. City of Fort Lauderdale, 661 So.2d 415 (Fla. 4th
DCA 1995) (lien for code violation not enforceable against homestead
property).
In re Clements, 194 B.R. 923, 925 (M.D. Fla. 1996)
homesteads in Florida may not used to satisfy court judgments, except:
unpaid property taxes for homestead itself, mortgages for purchase or
improvements of homestead itself, or mechanic's lien's for work
performed on homestead).
In re Lapea, 254 B.R. 501, 507 (M.D. Fla. 2000), citing Palm Beach
Savings & Loan Ass'n v. Fishbein, 619 So.2d 267, 270 (Fla. 1993)
(homestead cannot be employed as an instrumentality of fraud).
FOR MORE INFORMATION ON PROTECTION AGAINST CODE ENFORCEMENT LIENS
AGAINST YOUR HOME, PLEASE CONTACT US AT
www.homesteadservicesflorida.com - WEBSITE
info@[EMAIL PROTECTED]
- email
(941)822-4663
(305)647-5232
(305)359-1122
(515)474-5123 FAX
Our founding fathers created all levels of government to be the
biggest protector of our "person" and "property". Sadly today, our
government is the biggest confiscators of our property through a very
corrupt court system which operates in a administratively role only,
not judicial. The only proper judicial court is the U.S. COURT of
CLAIMS in Wa****ngton D.C. since U.S. Congress replaced state
sovereignty which in December 9th 1945 through the International
Organization Immunities Act relinquished every public office of the
United States to the United Nations.
Thomas Jefferson said "The Greatest threat to American Citizens is the
Judiciary". HALT=92s 2008 Judicial Accountability Re****t Card is the
nation=92s first rated Florida comprehensive evaluation of the systems
that discipline and remove incompetent and abusive members of the
state and federal judiciaries. See: American Comm v Douds - 339 US 382
442 - 1950 - The Citizen to keep the Govt from falling into error
FLORIDA'S JUDICIAL OVERALL GRADE =3D "C"
HALT interviewed judicial conduct administrators, analyzed statistics
from the American Judicature Society and the Center for Public
Integrity, evaluated judicial conduct Web sites and rules of
disciplinary procedure, studied state and federal statutes that govern
judicial financial disclosure and gift receipt, and reviewed the
United States Judicial Conference=92s new 2008 rules on judicial conduct
and disability.
Furthermore, through numerous excellent pro se litigant groups and
their unyielding legal research against the willful tyranny committed
by our local courts and their officers of court. A good and personal
friend of mine, Bob Hurt of Clearwater, FL had exposed the
indisputable fact, that MOST Florida state judges, appeals judges and
even several Florida Supreme Judges are not nor have ever been
properly qualified to adjudicate any orders from the bench since their
oaths (FS 876.05, FS 105.031) has never been properly attested to and
has failed to contain a proper or mandated jurat. As a Florida Notary
myself, I can attest to this apparent evidenced of fact.
REMEMBER, the power is still with "the People" but we have let these
officials get away with so many unlawful and illegal acts for so long,
it is extremely difficult to break through hold of power and stop this
trend but it's not impossible. Don't let anyone tell you what your
rights are - know them yourself! As the bible says in Hosea 4:6 "My
people are destroyed from lack of knowledge" - Don't be a sheep, get
involved!
Respectfully Submitted,
Darren Michaels
Private Attorney General - 42 U.S.C. 1988
Federal Witness - 18 U.S.C. 1510
Criminal Investigator - 18 U.S.C. 1512
Publicly ordained Minister - 18 U.S.C. 112 - Protection of foreign
officials, official guests, intnl protected persons
Protect and secured Party under 28 USC 1602-1611 Foreign Sovereign
Immunities Act
Florida Notary - F.S. 119
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