HomeMy WebLinkAbout2025 03 31 Consent 306 - Resolution 2025-04: Amending Fees for Lien SearchesCONSENT AGENDA ITEM 306
CITY COMMISSION AGENDA | MARCH 31, 2025 REGULAR MEETING
TITLE
Resolution 2025-04: Amending Fees for Lien Searches
SUMMARY
City staff requested that the City Attorney prepare Resolution 2025-04 which
establishes a revised fee to offset the city's administrative costs in researching City
liens upon request of an individual or entity. The city's lien search service provides
information to prospective new property owners regarding potential fines, fees and/or
liens due on the property and helps ensure these are paid in advance of closing the
sale or refinancing of the property. The City Clerk's Office, Finance Department,
Community Development Department, and Winter Springs Police Department Code
Compliance Division coordinate an average of 800 city lien search requests per year.
Fees were previously established in 2016 via resolution and were set at $40 for a 3-5
business day response and $80 for a 1-2 business day response. The revised fee of
$80 covers the administrative costs of answering lien searches and factors in the quick
turnaround of no more than four business days. City staff is requesting that the City
Commission consider this information and formally adopt a nonrefundable fee in the
amount of $80 per lien search. The proposed Resolution 2025-04 also provides that
the City assumes no liability for errors or omissions when performing lien research,
and that all liens held by the City are lawfully recorded in the Official Records of
Seminole County, Florida.
FUNDING SOURCE
Revenues collected from lien searches are assigned to the following line code:
G/L 001-12-1210-341300 - Admin SVC Fees
RECOMMENDATION
Staff recommends the City Commission approve Resolution 2025-04 as presented.
302
City of Winter Springs
Resolution No. 2025-04
Page 1 of 3
RESOLUTION NO. 2025-04
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA ESTABLISHING A REVISED FEE
SCHEDULE FOR LIEN SEARCHES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, under its broad exercise of home rule powers established by Section 2(b),
Article VIII of the Florida Constitution, and Section 166.021, Florida Statutes, the City
Commission of the City of Winter Springs, Florida, is authorized to establish fee schedules ; and
WHEREAS, individuals and entities sometimes request that staff at the City of Winter
Springs perform research as to whether any City liens exist upon a particular parcel of real
property located within the City of Winter Springs; and
WHEREAS, the history of these requests has impressed upon the City Commission the
need for the City to formally adopt fees to cover the cost of such research by the City; and
WHEREAS, the collection of such fees by the City will offset the cost of researching
and processing of the request by the City Clerk's Office, the Community Development
Department, the Finance Department, and the Winter Springs Police Department; and
WHEREAS, Resolution 2016-03 previously established a fee schedule for lien searches
performed by the City, therein setting forth variable fees based upon the timeline requested for
performing the lien search; and
WHEREAS, the City Commission finds that, in the interests of simplicity and efficiency,
it is desirable to amend the fee schedule for lien searches to provide one flat fee applicable to all
lien searches performed by the City; and
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
WINTER SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Establishment of Lien Search Fee. The City Commission of the City of
Winter Springs, Florida hereby establishes a non-refundable fee to be submitted with each
request for a City lien search. The City lien search fee shall be as follows for each real property
parcel or address submitted:
303
City of Winter Springs
Resolution No. 2025-04
Page 2 of 3
Lien search fee
$80.00
Such fee shall be used to defray the City's costs to administratively process and
research the request. Upon a request and payment of the applicable fee, the City
shall provide the requestor with information regarding whether a lien in
favor of the City exists on the property identified by the requestor, based upon
records retained by the City. The City shall provide responsive information to the
requestor no more than four (4) business days following the date on which the City
receives the request and applicable fee.
Section 3. The City of Winter Springs assumes no liability for errors or
omissions when performing lien research. All liens held by the City are lawfully
recorded in the Official Records of Seminole County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior
inconsistent resolutions adopted by the City Commission, including but not
limited to Resolution No. 2016-03, or parts of resolutions in conflict herewith, are
hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause,
phrase, word or provision of this resolution is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, whether for substantive,
procedural, or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the
remaining portions of this resolution.
Section 6. Effective Date. This Resolution shall take effect thirty-one days
following adoption by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a
regular meeting assembled on the ____ day of _______________, 2025.
__________________________________________________
KEVIN MCCANN, MAYOR
ATTEST:
_________________________________
CHRISTIAN D. GOWAN, City Clerk
304
City of Winter Springs
Resolution No. 2025-04
Page 3 of 3
Approved as to legal form and sufficiency for
the City of Winter Springs only:
___________________________________________
ANTHONY A. GARGANESE, City Attorney
305
RESOLUTION NO. 2016-03
A RESOLUTION OF THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA ESTABLISHING A FEE FOR LIEN
SEARCHES; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, individuals and entities sometimes request that staff at the City of Winter
Springs perform research as to whether any City liens exist upon a particular parcel of real
property located within the City of Winter Springs; and
WHEREAS, the history of these requests has impressed upon the City Commission the
need for the City to formally adopt fees to cover the cost of such research by the City; and
WHEREAS, the collection of such fees by the City will offset the cost of researching
and processing of the request by the City Clerk's Office, the Community Development
Department and the Finance Department; and
WHEREAS, untimely submission of requests for lien research causes an additional
hardship on City staff who must route the request through the process in an effort to fmalize the
process prior to the due date required by the person submitting the request;
WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds
this resolution to be in the best interest of the public health, safety, and welfare of the citizens of
Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF WINTER
SPRINGS, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Establishment of Lien Search Fee. The City Commission of the City of
Winter Springs, Florida hereby establishes a non-refundable fee to be submitted with each
request for a City lien search. The City lien search fee shall be as follows for each real property
parcel or address submitted:
Number of Days
Date
3-5 business days
24 to 48 hours
Prior to Proposed Due Lien Search Fee
40
80
City of Winter Springs
Resolution No. 2016-03
Page 1 of2
306
Such fee shall be used to defray the City's costs to administratively process and research the
request. Upon a request a payment of the applicable fee, the City shall provide information
regarding whether a lien in favor of the City exists on the property identified by the requestor
within the time requested, based upon records retained by the City.
Section 3. The City of Winter Springs assumes no liability for errors or omissions
when performing lien research. All liens held by the City are lawfully recorded in the Official
Records of Seminole County, Florida.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Commission, or parts of resolutions in conflict herewith,
are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
or provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section 6. Effective Date. This Resolution shall take effect immediately upon adoption
by the City Commission.
RESOLVED by the City Commission of the City of Winter Springs, in a regular meeting
assembled on the 8th day ofFebruary, 2016.
ZO-LUACES, City Clerk
Approved as to legal form and sufficiency for
the City o ·nter Springs only:
ANTHONY A. GARGANESE, City Attorney
City of Winter Springs
Resolution No. 2016-03
Page 2 of2
307