Special magistrate to decide whether town may foreclose 2019 code-enforcement lien on 80 Avenue E

Monica Schmucker, the town’s appointed special magistrate, heard arguments Jan. 29, 2025, on the Town of Fort Myers Beach’s request for authorization to foreclose a code‑enforcement lien recorded March 27, 2019, against the property at 80 Avenue E (code enforcement case CE14‑0394).

The town sought a new order authorizing foreclosure of the instrument recorded March 27, 2019 (instrument ending in 67137), saying the lien remains unpaid. Town counsel told the magistrate the prior February hearing had involved a clerical error that led the magistrate to authorize foreclosure of a different instrument recorded April 12, 2016, and asked the magistrate to authorize foreclosure of the 2019 lien instead.

The dispute centers on two threshold points: (1) whether the current proceeding was properly noticed as a hearing to authorize foreclosure of the 2019 instrument or is an untimely request to correct a final order, and (2) whether the lien underlying CE14‑0394 was already resolved by a settlement and partial releases introduced by the property owner’s representatives.

Why it matters: Florida law (section 162.09(3)) allows a local government to foreclose a code‑enforcement lien recorded in the county public records if the lien remains unpaid more than three months after recording. The magistrate said she will resolve the procedural threshold first and issue a written order within 15 days.

Town presentation

Town counsel summarized the lien history: an original code‑enforcement order recorded April 12, 2016, and a later order recorded March 27, 2019 (instrument number cited in the agenda…