Bill Text: FL H0265 | 2010 | Regular Session | Comm Sub
Bill Title: Property Taxation
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2010-04-30 - Died in Finance & Tax Council, companion bill(s) passed, see CS/SB 1752 (Ch. 2010-147) [H0265 Detail]
Download: Florida-2010-H0265-Comm_Sub.html
CS/HB 265 |
1 | |
2 | An act relating to property taxation; amending s. 95.051, |
3 | F.S.; tolling the statute of limitations relating to |
4 | proceedings involving tax lien certificates or tax deeds |
5 | by the period of an intervening bankruptcy; amending s. |
6 | 193.023, F.S.; requiring a property appraiser to |
7 | physically inspect property upon request of a |
8 | certificateholder; amending s. 196.1995, F.S.; providing |
9 | that the authority of the governing body of a county or |
10 | municipality to grant certain ad valorem tax exemptions |
11 | may be renewed for multiple 10-year periods upon approval |
12 | by referendum; amending ss. 197.102, 197.122, 197.123, |
13 | 197.162, 197.172, 197.182, 197.222, 197.2301, 197.322, |
14 | 197.332, 197.343, 197.344, 197.3635, 197.373, 197.374, |
15 | 197.402, 197.403, 197.413, 197.414, 197.4155, 197.416, |
16 | 197.417, 197.432, 197.4325, 197.442, 197.443, 197.462, |
17 | 197.472, 197.473, 197.482, 197.492, 197.552, 197.582, and |
18 | 197.602, F.S.; revising, updating, and consolidating |
19 | provisions of ch. 197, F.S., relating to definitions, tax |
20 | collectors, lien of taxes, returns and assessments, unpaid |
21 | or omitted taxes, discounts, interest rates, Department of |
22 | Revenue responsibilities, tax bills, judicial sales, |
23 | prepayment of taxes, assessment rolls, duties of tax |
24 | collectors, tax notices, delinquent taxes, lienholders, |
25 | special assessments, non-ad valorem assessments, tax |
26 | payments, distribution of taxes, advertisements of |
27 | property with delinquent taxes, attachment, delinquent |
28 | personal property taxes, sales of property, tax |
29 | certificates, tax deeds, tax sales, and proceedings |
30 | involving the validity of a tax deed; amending s. 197.502, |
31 | F.S.; revising provisions relating to applications for tax |
32 | deeds; providing notice requirements; providing payment |
33 | requirements; authorizing the tax collector to charge a |
34 | fee to cover the costs to the tax collector for electronic |
35 | tax deed programs or services; authorizing the tax |
36 | collector to charge the county a fee for tax deed |
37 | applications; revising conditions for the escheat of |
38 | property to a county; amending s. 197.542, F.S.; limiting |
39 | the circumstances under which a tax deed sale may be |
40 | canceled; amending s. 197.522, F.S.; providing notice |
41 | requirements for the sale of homestead property due to |
42 | nonpayment of taxes; creating s. 197.146, F.S.; |
43 | authorizing tax collectors to issue certificates of |
44 | correction to tax rolls and outstanding delinquent taxes |
45 | for uncollectable personal property accounts; requiring |
46 | the tax collector to notify the property appraiser; |
47 | providing construction; creating ss. 197.2421 and |
48 | 197.2423, F.S., transferring, renumbering, and amending |
49 | ss. 197.253, 197.303, and 197.3071, F.S., and amending ss. |
50 | 197.243, 197.252, 197.254, 197.262, 197.263, 197.272, |
51 | 197.282, 197.292, 197.301, and 197.312, F.S.; revising, |
52 | updating, and consolidating provisions of ch. 197, F.S., |
53 | relating to deferral of tax payments for real property, |
54 | homestead property, recreational and commercial working |
55 | waterfront property, and affordable rental property; |
56 | creating s. 197.4725, F.S.; providing authorization and |
57 | requirements for purchase of county-held tax certificates; |
58 | specifying required amounts to be paid; providing for |
59 | fees; providing for electronic services; amending s. |
60 | 192.0105, F.S.; providing conditions under which a |
61 | taxpayer is deemed to have waived a right to know; |
62 | providing that the right to a discount for the early |
63 | payment of taxes does not apply to certain partial |
64 | payments of taxes; revising a provision for a taxpayer's |
65 | right to redeem real property and tax certificates; |
66 | revising a provision that a property owner may not be |
67 | contacted by the holder of a tax certificate for 2 years |
68 | following the date the certificate is issued; providing |
69 | that s. 197.122, F.S., applies in certain circumstances; |
70 | providing for the obligation of the property owner to |
71 | obtain certain information; correcting cross-references; |
72 | amending ss. 194.011, 194.013, and 196.011, F.S.; |
73 | correcting cross-references; creating s. 197.603, F.S.; |
74 | providing legislative intent; repealing s. 197.202, F.S., |
75 | relating to destruction of 20-year-old tax receipts; |
76 | repealing s. 197.242, F.S., relating to a short title; |
77 | repealing ss. 197.304, 197.3041, 197.3042, 197.3043, |
78 | 197.3044, 197.3045, 197.3046, 197.3047, 197.307, 197.3072, |
79 | 197.3073, 197.3074, 197.3075, 197.3076, 197.3077, |
80 | 197.3078, and 197.3079, F.S., relating to deferrals of tax |
81 | payments; providing an effective date. |
82 | |
83 | Be It Enacted by the Legislature of the State of Florida: |
84 | |
85 | Section 1. Section 95.051, Florida Statutes, is amended to |
86 | read: |
87 | 95.051 When limitations tolled.- |
88 | (1) The running of the time under any statute of |
89 | limitations except ss. 95.281, 95.35, and 95.36 is tolled by: |
90 | (a) Absence from the state of the person to be sued. |
91 | (b) Use by the person to be sued of a false name that is |
92 | unknown to the person entitled to sue so that process cannot be |
93 | served on the person to be sued. |
94 | (c) Concealment in the state of the person to be sued so |
95 | that process cannot be served on him or her. |
96 | (d) The adjudicated incapacity, before the cause of action |
97 | accrued, of the person entitled to sue. In any event, the action |
98 | must be begun within 7 years after the act, event, or occurrence |
99 | giving rise to the cause of action. |
100 | (e) Voluntary payments by the alleged father of the child |
101 | in paternity actions during the time of the payments. |
102 | (f) The payment of any part of the principal or interest |
103 | of any obligation or liability founded on a written instrument. |
104 | (g) The pendency of any arbitral proceeding pertaining to |
105 | a dispute that is the subject of the action. |
106 | (h) The period of an intervening bankruptcy in a |
107 | proceeding or process under chapter 197. |
108 | (i) |
109 | of the person entitled to sue during any period of time in which |
110 | a parent, guardian, or guardian ad litem does not exist, has an |
111 | interest adverse to the minor or incapacitated person, or is |
112 | adjudicated to be incapacitated to sue; except with respect to |
113 | the statute of limitations for a claim for medical malpractice |
114 | as provided in s. 95.11. In any event, the action must be begun |
115 | within 7 years after the act, event, or occurrence giving rise |
116 | to the cause of action. |
117 | |
118 | Paragraphs (a)-(c) shall not apply if service of process or |
119 | service by publication can be made in a manner sufficient to |
120 | confer jurisdiction to grant the relief sought. This section |
121 | shall not be construed to limit the ability of any person to |
122 | initiate an action within 30 days of the lifting of an automatic |
123 | stay issued in a bankruptcy action as is provided in 11 U.S.C. |
124 | s. 108(c). |
125 | (2) No disability or other reason shall toll the running |
126 | of any statute of limitations except those specified in this |
127 | section, s. 95.091, the Florida Probate Code, or the Florida |
128 | Guardianship Law. |
129 | Section 2. Subsection (2) of section 193.023, Florida |
130 | Statutes, is amended to read: |
131 | 193.023 Duties of the property appraiser in making |
132 | assessments.- |
133 | (2) In making his or her assessment of the value of real |
134 | property, the property appraiser is required to physically |
135 | inspect the property at least once every 5 years. Where |
136 | geographically suitable, and at the discretion of the property |
137 | appraiser, the property appraiser may use image technology in |
138 | lieu of physical inspection to ensure that the tax roll meets |
139 | all the requirements of law. The Department of Revenue shall |
140 | establish minimum standards for the use of image technology |
141 | consistent with standards developed by professionally recognized |
142 | sources for mass appraisal of real property. However, the |
143 | property appraiser shall physically inspect any parcel of |
144 | taxable real property upon the request of the taxpayer, |
145 | certificateholder, or owner. |
146 | Section 3. Subsection (7) of section 196.1995, Florida |
147 | Statutes, is amended to read: |
148 | 196.1995 Economic development ad valorem tax exemption.- |
149 | (7) The authority to grant exemptions under this section |
150 | expires |
151 | approved in an election, but such authority may be renewed for |
152 | subsequent |
153 | approved |
154 | section. |
155 | Section 4. Section 197.102, Florida Statutes, is amended |
156 | to read: |
157 | 197.102 Definitions.- |
158 | (1) As used in this chapter, the following definitions |
159 | apply, unless the context clearly requires otherwise: |
160 | (a) "Awarded" means the time when the tax collector or a |
161 | designee determines and announces verbally or through the |
162 | closing of the bid process in an electronic auction that a buyer |
163 | has placed the winning bid at a tax certificate sale. |
164 | (b) |
165 | Department of Revenue. |
166 | (c) |
167 | been extended on the tax roll against a parcel of property after |
168 | the property has been placed upon the list of lands available |
169 | for taxes pursuant to s. 197.502. |
170 | (d) "Proxy bidding" means a method of bidding by which a |
171 | bidder authorizes an agent, whether an individual or an |
172 | electronic agent, to place bids on his or her behalf. |
173 | (e) "Random number generator" means a computational device |
174 | that generates a sequence of numbers that lack any pattern and |
175 | is used to resolve a tie when multiple bidders have bid the same |
176 | lowest amount by assigning a number to each of the tied bidders |
177 | and randomly determining which one of those numbers is the |
178 | winner. |
179 | (f) |
180 | document, representing unpaid delinquent real property taxes, |
181 | non-ad valorem assessments, including special assessments, |
182 | interest, and related costs and charges, issued in accordance |
183 | with this chapter against a specific parcel of real property and |
184 | becoming a first lien thereon, superior to all other liens, |
185 | except as provided by s. 197.573(2). |
186 | (g) |
187 | sent to taxpayers for payment of any taxes or special |
188 | assessments collected pursuant to this chapter, or the bill sent |
189 | to taxpayers for payment of the total of ad valorem taxes and |
190 | non-ad valorem assessments collected pursuant to s. 197.3632. |
191 | (h) |
192 | (i) |
193 | and mean the rolls prepared by the property appraiser pursuant |
194 | to chapter 193 and certified pursuant to s. 193.122. |
195 | (2) |
196 | |
197 | valorem assessment, the following definitions |
198 | (a) "Ad valorem tax roll" means the roll prepared by the |
199 | property appraiser and certified to the tax collector for |
200 | collection. |
201 | (b) "Non-ad valorem assessment roll" means a roll prepared |
202 | by a local government and certified to the tax collector for |
203 | collection. |
204 | Section 5. Section 197.122, Florida Statutes, is amended |
205 | to read: |
206 | 197.122 Lien of taxes; |
207 | (1) All taxes imposed pursuant to the State Constitution |
208 | and laws of this state shall be a first lien, superior to all |
209 | other liens, on any property against which the taxes have been |
210 | assessed and shall continue in full force from January 1 of the |
211 | year the taxes were levied until discharged by payment or until |
212 | barred under chapter 95. If |
213 | |
214 | located in the county or |
215 | property is insufficient to pay all delinquent taxes, interest, |
216 | fees, and costs due, a personal property tax lien shall apply |
217 | |
218 | county. However, a lien |
219 | property does |
220 | has been sold |
221 | |
222 | against such other property. An |
223 | on the part of a |
224 | county commissioners, clerk of the circuit court, or county |
225 | comptroller, or their deputies or assistants, or newspaper in |
226 | which an |
227 | |
228 | and costs due and |
229 | corrected at any time by the |
230 | |
231 | acts in the first place. Amounts |
232 | shall be considered |
233 | |
234 | the collection of the |
235 | |
236 | responsible for |
237 | of current and delinquent taxes and paying them before April 1 |
238 | of the year following the year in which taxes are assessed. A |
239 | sale or conveyance of real or personal property for nonpayment |
240 | of taxes may not |
241 | (a) The property was not subject to taxation; |
242 | (b) The taxes were |
243 | personal property; or |
244 | (c) The real property was |
245 | by the clerk of the court of full payment for |
246 | |
247 | nonpayment of taxes, including all recording fees and |
248 | documentary stamps. |
249 | (2) A lien created through the sale of a tax certificate |
250 | may not be foreclosed or enforced in any manner except as |
251 | prescribed in this chapter. |
252 | (3) A property appraiser shall |
253 | mistake of fact relating to an essential condition of the |
254 | subject property to reduce an assessment that |
255 | requires only the exercise of judgment as to the effect of the |
256 | mistake of fact on the assessed or taxable value |
257 | |
258 | (a) As used in this subsection, the term "an essential |
259 | condition of the subject property" includes |
260 | |
261 | 1. Environmental restrictions, zoning restrictions, or |
262 | restrictions on permissible use; |
263 | 2. Acreage; |
264 | 3. Wetlands or other environmental lands that are or have |
265 | been restricted in use because of |
266 | 4. Access to usable land; |
267 | 5. Any characteristic of the subject parcel which |
268 | |
269 | appraisal to be clearly erroneous; or |
270 | 6. Depreciation of the property that was based on a latent |
271 | defect of the property which existed but was not readily |
272 | discernible by inspection on January 1, but not depreciation |
273 | |
274 | (b) The material mistake of fact must |
275 | the property appraiser, in the same |
276 | law for performing the act in the first place, |
277 | year after the approval of the tax roll pursuant to s. 193.1142. |
278 | If |
279 | initio and does not affect |
280 | |
281 | |
282 | of an erroneous assessment included |
283 | year's tax roll |
284 | the property appraiser |
285 | the department to pass upon the refund request pursuant to s. |
286 | 197.182 or may submit the correction and refund order directly |
287 | to the tax collector |
288 | provisions of s. 197.182(2). Corrections to tax rolls for |
289 | previous |
290 | pursuant to s. 197.182. |
291 | Section 6. Section 197.123, Florida Statutes, is amended |
292 | to read: |
293 | 197.123 |
294 | property appraiser.-If a |
295 | that a |
296 | statement of her or his personal property or has not disclosed |
297 | |
298 | to taxation, the collector must |
299 | appraiser of the erroneous or incomplete statement. |
300 | Section 7. Section 197.146, Florida Statutes, is created |
301 | to read: |
302 | 197.146 Uncollectable personal property taxes; correction |
303 | of tax roll.-A tax collector who determines that a tangible |
304 | personal property account is uncollectable may issue a |
305 | certificate of correction for the current tax roll and any prior |
306 | tax rolls. The tax collector shall notify the property appraiser |
307 | that the account is invalid, and the assessment may not be |
308 | certified for a future tax roll. An uncollectable account |
309 | includes, but is not limited to, an account on property that was |
310 | originally assessed but cannot be found to seize and sell for |
311 | the payment of taxes and includes other personal property of the |
312 | owner as identified pursuant to s. 197.413(8) and (9). |
313 | Section 8. Section 197.162, Florida Statutes, is amended |
314 | to read: |
315 | 197.162 Tax discount payment periods |
316 | |
317 | (1) For |
318 | collected by the county tax collector, discounts for payments |
319 | made before delinquency |
320 | rate of 4 percent in the month of November or at any time within |
321 | 30 days after the sending |
322 | percent in the following month of December; 2 percent in the |
323 | following month of January; 1 percent in the following month of |
324 | February; and zero percent in the following month of March or |
325 | within 30 days prior to the date of delinquency if the date of |
326 | delinquency is after April 1. |
327 | (2) If |
328 | original tax notice corrected, the discount rate for early |
329 | payment applicable at the time of the request |
330 | |
331 | corrected tax notice. |
332 | (3) A discount rate |
333 | applies for 30 days after the sending |
334 | resulting from the action of a value adjustment board. |
335 | Thereafter, the regular discount periods shall apply. |
336 | (4) If the |
337 | discount period ends on a Saturday, Sunday, or legal holiday, |
338 | the discount period, including the zero percent period, shall be |
339 | extended to the next working day, if payment is delivered to the |
340 | |
341 | Section 9. Subsections (2) and (4) of section 197.172, |
342 | Florida Statutes, are amended to read: |
343 | 197.172 Interest rate; calculation and minimum.- |
344 | (2) The maximum rate of interest on a tax certificate is |
345 | |
346 | |
347 | |
348 | 60-day period following |
349 | except for the 3 percent mandatory interest charged |
350 | subsection (1). |
351 | |
352 | |
353 | |
354 | |
355 | |
356 | (4) Interest shall be calculated |
357 | |
358 | |
359 | |
360 | Section 10. Subsections (1), (2), and (3) of section |
361 | 197.182, Florida Statutes, are amended to read: |
362 | 197.182 Department of Revenue to pass upon and order |
363 | refunds.- |
364 | (1)(a) Except as provided in paragraphs |
365 | (c), and (d), the department shall pass upon and order refunds |
366 | if |
367 | been made voluntarily or involuntarily under any of the |
368 | following circumstances: |
369 | 1. |
370 | 2. |
371 | 3. |
372 | collector and the taxpayer as to the liability of the taxpayer |
373 | for the payment of the tax claimed to be due, the taxpayer pays |
374 | the amount claimed by the tax collector to be due, and it is |
375 | finally adjudged by a court of competent jurisdiction that the |
376 | taxpayer was not liable for the payment of the tax or any part |
377 | thereof. |
378 | 4. |
379 | error by a taxpayer to the tax collector due to application of |
380 | payment to an erroneous parcel or misinformation provided by the |
381 | property appraiser or tax collector and |
382 | after |
383 | any transfer of the assessed property to a third party for |
384 | consideration, the party seeking a refund makes demand for |
385 | reimbursement of the erroneous payment upon the owner of the |
386 | property on which the taxes were erroneously paid and |
387 | reimbursement of the erroneous payment is not received within 45 |
388 | days after such demand. The demand for reimbursement must |
389 | be sent by certified mail, return receipt requested, and a copy |
390 | of the demand must |
391 | If the payment was made in error by the taxpayer because of an |
392 | error in the tax notice sent to the taxpayer, refund must be |
393 | made as provided in paragraph (d) |
394 | 5. A payment for a tax that has not become delinquent, has |
395 | been made in error by a taxpayer to the tax collector due to the |
396 | application of the payment to an erroneous parcel or |
397 | misinformation provided by the property appraiser or tax |
398 | collector, and within 18 months after the date of the erroneous |
399 | payment and before any transfer of the assessed property to a |
400 | third party for consideration, the party seeking a refund makes |
401 | a demand for reimbursement of the erroneous payment upon the |
402 | owner of the property on which the taxes were erroneously paid |
403 | and reimbursement of the erroneous payment is not received |
404 | within 45 days after such demand. The demand for reimbursement |
405 | must be sent by certified mail, return receipt requested, and a |
406 | copy of the demand must be sent to the tax collector. If the |
407 | payment was made in error by the taxpayer because of an error in |
408 | the tax notice sent to the taxpayer, refund must be made as |
409 | provided in paragraph (d). |
410 | 6. |
411 | certificate |
412 | amended or is |
413 | 197.443. |
414 | (b) |
415 | |
416 | assessed value on a tax roll certified to the tax collector |
417 | shall be made directly by the tax collector without order from |
418 | the department and shall be made from undistributed funds |
419 | without approval of the various taxing authorities. |
420 | (c) Overpayments in the amount of $10 |
421 | retained by the tax collector unless a written claim for a |
422 | refund is received from the taxpayer. Overpayments of more than |
423 | $10 |
424 | |
425 | shall |
426 | refunds do not require approval from the department. |
427 | (d) |
428 | taxpayer |
429 | notice sent to the taxpayer, refund must be made directly by the |
430 | tax collector and does not require approval from the department. |
431 | At the request of the taxpayer, the amount paid in error may be |
432 | applied by the tax collector to the taxes for which the taxpayer |
433 | is |
434 | (e) |
435 | the rules of the department. A |
436 | granted unless a claim for the refund is made |
437 | years after |
438 | were paid. |
439 | (f) |
440 | a |
441 | writing to the taxpayer. |
442 | (g) |
443 | subject to subsection (3) and |
444 | taxpayer shall |
445 | after a claim for refund is made, unless the tax collector, |
446 | property appraiser, or department states good cause for |
447 | remitting the refund after that date. The time periods |
448 | stated in this paragraph and paragraphs (i) |
449 | are directory and may be extended by a maximum of an additional |
450 | 60 days if good cause is stated. |
451 | (h) |
452 | first, the property appraiser shall refer the taxpayer to the |
453 | tax collector. |
454 | (i) |
455 | appraiser is required as a condition for the refund, the tax |
456 | collector shall, within 30 days, advise the property appraiser |
457 | of the taxpayer's application for a refund and forward the |
458 | application to the property appraiser. |
459 | (j) |
460 | the form from the tax collector to correct the roll if a |
461 | correction is permissible by law. Within |
462 | |
463 | collector in writing of whether |
464 | corrected and state |
465 | corrected or not corrected. |
466 | (k) |
467 | |
468 | from the department |
469 | the claim for refund to the department upon receipt of the |
470 | correction from the property appraiser or 30 days after the |
471 | claim for refund, whichever occurs first. This provision does |
472 | not apply to corrections resulting in refunds of less than |
473 | $2,500 |
474 | without order from the department |
475 | |
476 | (l) |
477 | refund |
478 | |
479 | unless good cause is stated for delaying the approval or denial |
480 | beyond that date. |
481 | (m) |
482 | 194.171 and this section, an action to contest a denial of |
483 | refund must |
484 | the date the tax collector sends |
485 | taxpayer |
486 | |
487 | |
488 | denial electronically or by postal mail. Electronic transmission |
489 | may be used only with the express consent of the property owner. |
490 | If the notice of denial is sent electronically and is returned |
491 | as undeliverable, a second notice must be sent by postal mail. |
492 | However, the original electronic transmission is the official |
493 | mailing for purpose of this section. |
494 | (n) |
495 | |
496 | holiday, the period is |
497 | (2) |
498 | department |
499 | collector who shall |
500 | each taxing authority. The tax collector shall make the refund |
501 | from undistributed funds held for that taxing authority and |
502 | shall identify such refund as a reduction in the next |
503 | distribution. If the undistributed funds are not sufficient for |
504 | the refund, the tax collector shall notify the taxing authority |
505 | of the shortfall. The taxing authority shall: |
506 | |
507 | |
508 | |
509 | |
510 | |
511 | |
512 | |
513 | |
514 | |
515 | |
516 | |
517 | (a) |
518 | forward to the tax collector its pro rata share of the refund |
519 | from currently budgeted funds, if available; or |
520 | (b) |
521 | does not have funds currently available and provide for the |
522 | payment of the refund in its budget for the next |
523 | |
524 | (3) A refund ordered by the department pursuant to this |
525 | section shall be made by the tax collector in one aggregate |
526 | amount composed of all the pro rata shares of the several taxing |
527 | authorities concerned, except that a partial refund is allowed |
528 | if |
529 | have funds currently available to pay their pro rata shares of |
530 | the refund and this would cause an unreasonable delay in the |
531 | total refund. A statement by the tax collector explaining the |
532 | refund shall accompany the refund payment. If |
533 | delinquent as a result of a refund pursuant to subparagraph |
534 | (1)(a)5. |
535 | |
536 | the taxes have become delinquent and that a tax certificate will |
537 | be sold if the taxes are not paid within 30 days after the date |
538 | of delinquency. |
539 | Section 11. Subsections (1), (3), and (5) of section |
540 | 197.222, Florida Statutes, are amended to read: |
541 | 197.222 Prepayment of estimated tax by installment |
542 | method.- |
543 | (1) Taxes collected pursuant to this chapter may be |
544 | prepaid in installments as provided in this section. A taxpayer |
545 | may elect to prepay by installments for each tax notice for |
546 | taxes estimated to be more than $100. A taxpayer who elects to |
547 | prepay |
548 | equal to the actual taxes levied upon the subject property in |
549 | the prior year. To prepay by installments, the |
550 | must |
551 | |
552 | before April 30 |
553 | elects to prepay the taxes |
554 | |
555 | |
556 | After submission of an initial application, a taxpayer is |
557 | not |
558 | as he or she continues to elect to prepay taxes in installments |
559 | |
560 | does not so elect, reapplication is |
561 | subsequent election |
562 | according to the following schedule: |
563 | (a) The first payment of one-quarter of the total amount |
564 | of estimated taxes due must |
565 | 30 of the year in which the taxes are assessed. A 6-percent |
566 | discount applied against the amount of the installment shall be |
567 | granted for such payment. The tax collector may accept a late |
568 | payment of the first installment through July 31, and the |
569 | |
570 | must be accompanied by a penalty of 5 percent of the amount of |
571 | the installment due. |
572 | (b) The second payment of one-quarter of the total amount |
573 | of estimated taxes must |
574 | September 30 of the year in which the taxes are assessed. A 4.5- |
575 | percent discount applied against the amount of the installment |
576 | shall be granted for such payment. |
577 | (c) The third payment of one-quarter of the total amount |
578 | of estimated taxes due, plus one-half of any adjustment made |
579 | pursuant to a determination of actual tax liability, must |
580 | be made by |
581 | are assessed. A 3 percent |
582 | amount of the installment shall be granted for such payment. |
583 | (d) The fourth payment of one-quarter of the total amount |
584 | of estimated taxes due, plus one-half of any adjustment made |
585 | pursuant to a determination of actual tax liability, must |
586 | be made by |
587 | taxes are assessed. A |
588 | such payment. |
589 | (e) If |
590 | due date falls on a Saturday, Sunday, or legal holiday, the due |
591 | date for the installment is |
592 | the installment payment is delivered to a designated collection |
593 | office of the tax collector. Taxpayers making such payment shall |
594 | be entitled to the applicable discount rate authorized in this |
595 | section. |
596 | (3) Upon receiving a taxpayer's application for |
597 | participation in the prepayment installment plan, and |
598 | |
599 | |
600 | |
601 | |
602 | |
603 | |
604 | |
605 | those taxpayers who participated in the prepayment installment |
606 | plan |
607 | the tax collector shall send a quarterly tax notice with the |
608 | discount rates provided in this section according to the payment |
609 | schedule provided by the department |
610 | |
611 | |
612 | |
613 | |
614 | |
615 | electronic mailing shall be paid out of the general fund of the |
616 | county, upon statement of the costs |
617 | collector. |
618 | (5) Notice of the right to prepay taxes pursuant to this |
619 | section shall be provided with the notice of taxes. The |
620 | notice shall inform the taxpayer of the right to prepay taxes in |
621 | installments, |
622 | the tax collector, and |
623 | necessary if the taxpayer participated in the prepayment |
624 | installment plan for the previous year. The application forms |
625 | shall be provided |
626 | tax collector to those taxpayers requesting an application. |
627 | Section 12. Subsections (3) and (9) of section 197.2301, |
628 | Florida Statutes, are amended to read: |
629 | 197.2301 Payment of taxes prior to certified roll |
630 | procedure.- |
631 | (3) Immediately upon receipt of the property appraiser's |
632 | certification under subsection (2), the tax collector shall |
633 | publish a notice |
634 | circulation in the county |
635 | |
636 | for collection before |
637 | estimated taxes may be made |
638 | who submit |
639 | 31. |
640 | (9) After the discount has been applied to the estimated |
641 | taxes paid and it is determined that an underpayment or |
642 | overpayment |
643 | (a) If the amount of underpayment |
644 | or less, |
645 | as determined by the tax collector. |
646 | (b) If the amount of overpayment is more than $10 |
647 | tax collector shall immediately refund to the person who paid |
648 | the estimated tax the amount of overpayment. Department |
649 | |
650 | |
651 | Section 13. Section 197.2421, Florida Statutes, is created |
652 | to read: |
653 | 197.2421 Property tax deferral.- |
654 | (1) If a property owner applies for a property tax |
655 | deferral and meets the criteria established in this chapter, the |
656 | tax collector shall approve the deferral of such ad valorem |
657 | taxes and non-ad valorem assessments. |
658 | (2) Authorized property tax deferral programs are: |
659 | (a) Homestead tax deferral. |
660 | (b) Recreational and commercial working waterfront |
661 | deferral. |
662 | (c) Affordable rental housing deferral. |
663 | (3) Ad valorem taxes, non-ad valorem assessments, and |
664 | interest deferred pursuant to this chapter shall constitute a |
665 | priority lien and shall attach to the property in the same |
666 | manner as other tax liens. Deferred taxes, assessments, and |
667 | interest, however, shall be due, payable, and delinquent as |
668 | provided in this chapter. |
669 | Section 14. Section 197.2423, Florida Statutes, is created |
670 | to read: |
671 | 197.2423 Application for property tax deferral; |
672 | determination of approval or denial by tax collector.- |
673 | (1) A property owner is responsible for submitting an |
674 | annual application for tax deferral with the county tax |
675 | collector on or before March 31 following the year in which the |
676 | taxes and non-ad valorem assessments are assessed. |
677 | (2) Each applicant shall demonstrate compliance with the |
678 | requirements for tax deferral. |
679 | (3) The application for deferral shall be made upon a form |
680 | provided by the tax collector. The tax collector may require the |
681 | applicant to submit other evidence and documentation deemed |
682 | necessary in considering the application. The application form |
683 | shall advise the applicant: |
684 | (a) Of the manner in which interest is computed. |
685 | (b) Of the conditions that must be met to qualify for |
686 | approval. |
687 | (c) Of the conditions under which deferred taxes, |
688 | assessments, and interest become due, payable, and delinquent. |
689 | (d) That all tax deferrals pursuant to this section |
690 | constitute a lien on the applicant's property. |
691 | (4) Each application shall include a list of all |
692 | outstanding liens on the property and the current value of each |
693 | lien. |
694 | (5) Each applicant shall furnish proof of fire and |
695 | extended coverage insurance in an amount at least equal to the |
696 | total of all outstanding liens, including a lien for deferred |
697 | taxes, non-ad valorem assessments, and interest with a loss |
698 | payable clause to the tax collector. |
699 | (6) The tax collector shall consider each annual |
700 | application for a tax deferral within 45 days after the |
701 | application is filed or as soon as practicable thereafter. The |
702 | tax collector shall exercise reasonable discretion based upon |
703 | applicable information available under this section. A tax |
704 | collector who finds that the applicant is entitled to the tax |
705 | deferral shall approve the application and maintain the deferral |
706 | records until the tax lien is satisfied. |
707 | (7) For approved deferrals, the date of receipt by the tax |
708 | collector of the application for tax deferral shall be used in |
709 | calculating taxes due and payable net of discounts for early |
710 | payment as provided in s. 197.162. |
711 | (8) The tax collector shall notify the property appraiser |
712 | in writing of those parcels for which taxes have been deferred. |
713 | (9) A tax deferral may not be granted if: |
714 | (a) The total amount of deferred taxes, non-ad valorem |
715 | assessments, and interest, plus the total amount of all other |
716 | unsatisfied liens on the property, exceeds 85 percent of the |
717 | just value of the property; or |
718 | (b) The primary mortgage financing on the property is for |
719 | an amount that exceeds 70 percent of the just value of the |
720 | property. |
721 | (10) A tax collector who finds that the applicant is not |
722 | entitled to the deferral shall send a notice of disapproval |
723 | within 45 days after the date the application is filed, citing |
724 | the reason for disapproval. The original notice of disapproval |
725 | shall be sent to the applicant and shall advise the applicant of |
726 | the right to appeal the decision to the value adjustment board |
727 | and shall inform the applicant of the procedure for filing such |
728 | an appeal. |
729 | Section 15. Section 197.253, Florida Statutes, is |
730 | transferred, renumbered as section 197.2425, Florida Statutes, |
731 | and amended to read: |
732 | 197.2425 |
733 | |
734 | the property owner |
735 | |
736 | |
737 | |
738 | |
739 | |
740 | |
741 | |
742 | |
743 | |
744 | |
745 | |
746 | |
747 | |
748 | |
749 | |
750 | |
751 | |
752 | |
753 | |
754 | |
755 | |
756 | |
757 | |
758 | |
759 | |
760 | |
761 | |
762 | |
763 | |
764 | |
765 | |
766 | |
767 | |
768 | value adjustment board |
769 | by the department and furnished by the tax collector. The |
770 | appeal must |
771 | within 30 |
772 | applicant |
773 | value adjustment board shall review the application and the |
774 | evidence presented to the tax collector |
775 | |
776 | the applicant, shall hear the applicant in person, or by agent |
777 | on the applicant's behalf, on his or her right to |
778 | deferral. The value adjustment board shall reverse the decision |
779 | of the tax collector and grant a |
780 | |
781 | tax deferral |
782 | collector. An |
783 | |
784 | novo proceeding for a declaratory judgment or other appropriate |
785 | proceeding in the circuit court of the county in which the |
786 | property is located |
787 | |
788 | |
789 | |
790 | |
791 | |
792 | |
793 | |
794 | |
795 | |
796 | |
797 | |
798 | |
799 | |
800 | |
801 | |
802 | |
803 | |
804 | |
805 | |
806 | |
807 | |
808 | Section 16. Section 197.243, Florida Statutes, is amended |
809 | to read: |
810 | 197.243 Definitions relating to homestead property tax |
811 | deferral |
812 | (1) "Household" means a person or group of persons living |
813 | together in a room or group of rooms as a housing unit, but the |
814 | term does not include persons boarding in or renting a portion |
815 | of the dwelling. |
816 | (2) "Income" means the "adjusted gross income," as defined |
817 | in s. 62 of the United States Internal Revenue Code, of all |
818 | members of a household. |
819 | Section 17. Section 197.252, Florida Statutes, is amended |
820 | to read: |
821 | 197.252 Homestead tax deferral.- |
822 | (1) Any person who is entitled to claim homestead tax |
823 | exemption under |
824 | to defer payment of a portion of the combined total of the ad |
825 | valorem taxes, |
826 | |
827 | |
828 | |
829 | |
830 | |
831 | entitled to receive the homestead tax exemption but has waived |
832 | it for any reason shall furnish |
833 | |
834 | Such certificate shall be prepared by the county property |
835 | appraiser upon request of the taxpayer. |
836 | |
837 | |
838 | (2)(a) Approval of an application for homestead tax |
839 | deferral shall defer |
840 | valorem taxes and |
841 | 1. That |
842 | |
843 | |
844 | applicant's household |
845 | year if the applicant is younger than 65 years old; |
846 | 2. That exceeds 3 percent of the applicant's household |
847 | income for the prior calendar year if the applicant is 65 years |
848 | old or older; or |
849 | 3. In its entirety if the applicant's household income: |
850 | a. For the previous calendar year is less than $10,000; or |
851 | b. Is less than the designated amount for the additional |
852 | homestead exemption under s. 196.075 and the applicant is 65 |
853 | years old or older. |
854 | |
855 | |
856 | |
857 | |
858 | |
859 | |
860 | |
861 | |
862 | |
863 | |
864 | |
865 | |
866 | |
867 | (b) |
868 | for a tax deferral before the end of the calendar year in which |
869 | the taxes and non-ad valorem assessments are assessed shall be |
870 | for the current year, adjusted to reflect estimated income for |
871 | the full calendar year period. The estimate of a full year's |
872 | household income shall be made by multiplying the household |
873 | income received to the date of application by a fraction, the |
874 | numerator being 365 and the denominator being the number of days |
875 | expired in the calendar year to the date of application. |
876 | (3) The property appraiser shall promptly notify the tax |
877 | collector if there is a change in ownership or the homestead |
878 | exemption has been denied on property that has been granted a |
879 | tax deferral. |
880 | |
881 | |
882 | |
883 | |
884 | |
885 | |
886 | |
887 | |
888 | |
889 | |
890 | |
891 | |
892 | |
893 | |
894 | |
895 | |
896 | |
897 | |
898 | |
899 | |
900 | |
901 | |
902 | Section 18. Section 197.303, Florida Statutes, is |
903 | transferred, renumbered as section 197.2524, Florida Statutes, |
904 | and amended to read: |
905 | 197.2524 |
906 | and commercial working waterfront properties and affordable |
907 | rental housing property.- |
908 | (1) This section applies to: |
909 | |
910 | |
911 | |
912 | (a) Recreational and commercial working waterfront |
913 | properties if the owners are engaging in the operation, |
914 | rehabilitation, or renovation of such properties in accordance |
915 | with guidelines established in this section. |
916 | (b) Affordable rental housing, if the owners are engaging |
917 | in the operation, rehabilitation, or renovation of such |
918 | properties in accordance with the guidelines provided in part VI |
919 | of chapter 420. |
920 | (2) The board of county commissioners of any county or the |
921 | governing authority of a |
922 | ordinance to |
923 | |
924 | |
925 | (1). |
926 | (3) The ordinance shall designate the percentage or amount |
927 | of the deferral and the type and location of the |
928 | |
929 | |
930 | |
931 | |
932 | be located within a particular geographic area or areas of the |
933 | county or municipality. For property defined in s. 342.07(2) as |
934 | "recreational and commercial working waterfront," the ordinance |
935 | may specify the type of public lodging establishments that |
936 | qualify. |
937 | (4) The ordinance must specify that such deferrals apply |
938 | only to taxes or assessments levied by the unit of government |
939 | granting the deferral. However, a deferral may not be granted |
940 | for |
941 | |
942 | payment of bonds or for |
943 | electors pursuant to s. 9(b) or s. 12, Art. VII of the State |
944 | Constitution. |
945 | (5) The ordinance must specify that any deferral granted |
946 | remains in effect regardless of any change in the authority of |
947 | the county or municipality to grant the deferral. In order to |
948 | retain the deferral, |
949 | property |
950 | deferral was granted for |
951 | which the deferral remains |
952 | (6)(a) If an application for deferral is granted on |
953 | property that is located in a community redevelopment area, the |
954 | amount of taxes eligible for deferral shall be limited |
955 | as provided for in paragraph (b), if: |
956 | 1. The community redevelopment agency has previously |
957 | issued instruments of indebtedness that are secured by increment |
958 | revenues on deposit in the community redevelopment trust fund; |
959 | and |
960 | 2. Those instruments of indebtedness are associated with |
961 | the real property applying for the deferral. |
962 | (b) If |
963 | |
964 | in excess of |
965 | community redevelopment trust fund by the entity granting the |
966 | deferral based upon the taxable value of the property upon which |
967 | the deferral is being granted. Once all instruments of |
968 | indebtedness that existed at the time the deferral was |
969 | originally granted are no longer outstanding or have otherwise |
970 | been defeased, |
971 | apply. |
972 | (c) If a portion of the taxes on a property were not |
973 | eligible for deferral under |
974 | paragraph (b), the community redevelopment agency shall notify |
975 | the property owner and the tax collector 1 year before the debt |
976 | instruments that prevented said taxes from being deferred are no |
977 | longer outstanding or otherwise defeased. |
978 | (d) The tax collector shall notify a community |
979 | redevelopment agency of any tax deferral that has been granted |
980 | on property located within the community redevelopment area of |
981 | that agency. |
982 | (e) Issuance of debt obligation after the date a deferral |
983 | has been granted shall not reduce the amount of taxes eligible |
984 | for deferral. |
985 | Section 19. Section 197.3071, Florida Statutes, is |
986 | transferred, renumbered as section 197.2526, Florida Statutes, |
987 | and amended to read: |
988 | 197.2526 |
989 | affordable rental housing property.-The tax deferral authorized |
990 | by s. 197.2524 |
991 | basis to the ad valorem taxes levied on residential units within |
992 | a property which meet the following conditions: |
993 | (1) Units for which the monthly rent along with taxes, |
994 | insurance, and utilities does not exceed 30 percent of the |
995 | median adjusted gross annual income as defined in s. 420.0004 |
996 | for the households described in subsection (2). |
997 | (2) Units that are occupied by extremely-low-income |
998 | persons, very-low-income persons, low-income persons, or |
999 | moderate-income persons as these terms are defined in s. |
1000 | 420.0004. |
1001 | Section 20. Section 197.254, Florida Statutes, is amended |
1002 | to read: |
1003 | 197.254 Annual notification to taxpayer.- |
1004 | (1) The tax collector shall notify the taxpayer of each |
1005 | parcel appearing on the real property assessment roll of the |
1006 | right to defer payment of taxes and non-ad valorem assessments |
1007 | and interest on homestead property pursuant to s. 197.252. |
1008 | |
1009 | |
1010 | |
1011 | |
1012 | |
1013 | |
1014 | |
1015 | |
1016 | |
1017 | |
1018 | |
1019 | |
1020 | (2) On or before November 1 of each year, the tax |
1021 | collector shall notify each taxpayer to whom a tax deferral has |
1022 | been previously granted of the accumulated sum of deferred |
1023 | taxes, non-ad valorem assessments, and interest outstanding. |
1024 | Section 21. Section 197.262, Florida Statutes, is amended |
1025 | to read: |
1026 | 197.262 Deferred payment tax certificates.- |
1027 | (1) |
1028 | |
1029 | |
1030 | |
1031 | certificate sale |
1032 | shall strike to the county each certificate on property for |
1033 | which taxes have been deferred |
1034 | issued pursuant to this section are exempt from the public sale |
1035 | of tax certificates held pursuant to s. 197.432 or s. 197.4725. |
1036 | (2) The certificates so held by the county shall bear |
1037 | interest at a rate equal to the semiannually compounded rate of |
1038 | 0.5 percent plus the average yield to maturity of the long-term |
1039 | fixed-income portion of the Florida Retirement System |
1040 | investments as of the end of the quarter preceding the date of |
1041 | the sale of the deferred payment tax certificates. |
1042 | interest rate may not exceed 7 |
1043 | Section 22. Section 197.263, Florida Statutes, is amended |
1044 | to read: |
1045 | 197.263 Change in ownership or use of property.- |
1046 | (1) If |
1047 | ownership of tax-deferred property such that the owner is no |
1048 | longer eligible for the tax deferral granted |
1049 | |
1050 | or the owner |
1051 | extended insurance coverage, the total amount of deferred taxes |
1052 | and interest for all |
1053 | November 1 of the year in which the change |
1054 | the date failure to maintain insurance occurs. Payment |
1055 | be delinquent on April 1 of the year following the year in which |
1056 | the change in use or failure to maintain insurance occurs. |
1057 | However, if the change in ownership is to a surviving spouse and |
1058 | the spouse is eligible to maintain the tax deferral on such |
1059 | property, the surviving spouse may continue the deferment of |
1060 | previously deferred taxes and interest pursuant to this chapter. |
1061 | |
1062 | |
1063 | |
1064 | |
1065 | |
1066 | |
1067 | |
1068 | |
1069 | |
1070 | |
1071 | (2) |
1072 | there has been a change in the ownership or use of property |
1073 | which has been granted a tax deferral, the property appraiser |
1074 | shall notify the tax collector in writing of the date such |
1075 | change occurs, and the tax collector shall collect any taxes, |
1076 | assessments, and interest due |
1077 | (3) |
1078 | deferred taxes, interest, assessments, and all other unsatisfied |
1079 | liens on the homestead exceeds 85 percent of the just |
1080 | value of the homestead, the tax collector shall |
1081 | notify the owner |
1082 | |
1083 | assessments which exceeds 85 percent of the just |
1084 | of the homestead is |
1085 | after |
1086 | amount due causes |
1087 | taxes, |
1088 | (4) |
1089 | property on which taxes, |
1090 | deferred shall submit to the tax collector a list of, and the |
1091 | current value of, all outstanding liens on the owner's |
1092 | homestead. Failure to respond to this notification within 30 |
1093 | days shall cause the total amount of deferred taxes, |
1094 | interest, and assessments to become payable within 30 days. |
1095 | (5) |
1096 | assessments become delinquent |
1097 | |
1098 | the tax collector shall sell a tax certificate for the |
1099 | delinquent taxes, |
1100 | provided by s. 197.432. |
1101 | Section 23. Section 197.272, Florida Statutes, is amended |
1102 | to read: |
1103 | 197.272 Prepayment of deferred taxes.- |
1104 | |
1105 | may at any time be paid to the tax collector. |
1106 | |
1107 | |
1108 | |
1109 | |
1110 | |
1111 | |
1112 | |
1113 | |
1114 | due must be equal to the amount of the deferred taxes, interest, |
1115 | assessments, and for 1 or more full years |
1116 | |
1117 | Section 24. Section 197.282, Florida Statutes, is amended |
1118 | to read: |
1119 | 197.282 Distribution of payments.-When any amount of |
1120 | deferred taxes, assessments, or interest is collected, the tax |
1121 | collector shall maintain a record of the payment |
1122 | |
1123 | |
1124 | distribute payments received in accordance with the procedures |
1125 | for distribution of ad valorem taxes, non-ad valorem |
1126 | assessments, or redemption moneys as prescribed in this chapter. |
1127 | Section 25. Section 197.292, Florida Statutes, is amended |
1128 | to read: |
1129 | 197.292 Construction.- |
1130 | |
1131 | (1) Prohibit the collection of personal property taxes |
1132 | that |
1133 | (2) Defer payment of special assessments to benefited |
1134 | property other than those specifically allowed to be deferred; |
1135 | or |
1136 | (3) Affect any provision of any mortgage or other |
1137 | instrument relating to property requiring a person to pay ad |
1138 | valorem taxes or non-ad valorem assessments. |
1139 | Section 26. Section 197.301, Florida Statutes, is amended |
1140 | to read: |
1141 | 197.301 Penalties.- |
1142 | (1) The following penalties shall be imposed on any person |
1143 | who willfully files incorrect information for a tax deferral |
1144 | |
1145 | (a) The |
1146 | taxes, non-ad valorem assessments subject to collection pursuant |
1147 | to the uniform method of collection set forth in s. 197.3632, |
1148 | and interest |
1149 | due. |
1150 | (b) The |
1151 | |
1152 | (c) The |
1153 | the total amount of deferred taxes, non-ad valorem assessments |
1154 | subject to collection pursuant to the uniform method of |
1155 | collection set forth in s. 197.3632, and interest |
1156 | (2) Any person against whom the penalties prescribed in |
1157 | this section have been imposed may appeal the penalties imposed |
1158 | to the value adjustment board within 30 days after said |
1159 | penalties are imposed. |
1160 | Section 27. Section 197.312, Florida Statutes, is amended |
1161 | to read: |
1162 | 197.312 Payment by mortgagee.-If any mortgagee elects |
1163 | |
1164 | deferral, |
1165 | the right to foreclose. |
1166 | Section 28. Section 197.322, Florida Statutes, is amended |
1167 | to read: |
1168 | 197.322 Delivery of ad valorem tax and non-ad valorem |
1169 | assessment rolls; notice of taxes; publication and mail.- |
1170 | (1) The property appraiser shall deliver to the tax |
1171 | collector the certified assessment roll along with his or her |
1172 | warrant and recapitulation sheet. |
1173 | (2) The tax collector shall on November 1, or as soon as |
1174 | the assessment roll is open for collection, publish a notice in |
1175 | a local newspaper that the tax roll is open for collection. |
1176 | (3) Within 20 working days after receipt of the certified |
1177 | ad valorem tax roll and the non-ad valorem assessment rolls, the |
1178 | tax collector shall send |
1179 | |
1180 | tax notice stating the amount of current taxes due, |
1181 | |
1182 | |
1183 | early payment, and that delinquent taxes are outstanding, if |
1184 | applicable. Pursuant to s. 197.3632, the form of the notice of |
1185 | non-ad valorem assessments and notice of ad valorem taxes shall |
1186 | be in the form specified |
1187 | |
1188 | 195.022. The tax collector may send such notice electronically |
1189 | or by postal mail. Electronic transmission may be used only with |
1190 | the express consent of the property owner. Electronic |
1191 | transmission of tax notices may be sent earlier but may not be |
1192 | sent later than the postal mailing of the notices. If the notice |
1193 | of taxes is sent electronically and is returned as |
1194 | undeliverable, a second notice shall be sent by postal mail. |
1195 | However, the original electronic transmission is the official |
1196 | mailing for purpose of this section. A discount period may not |
1197 | be extended due to a tax bill being returned as undeliverable |
1198 | electronically or by postal mail. The postage for mailing or the |
1199 | cost of electronic transmission shall be paid out of the general |
1200 | fund of each local governing board, upon statement of the amount |
1201 | |
1202 | Section 29. Section 197.332, Florida Statutes, is amended |
1203 | to read: |
1204 | 197.332 Duties of tax collectors; branch offices.- |
1205 | (1) The tax collector has the authority and obligation to |
1206 | collect all taxes as shown on the tax roll by the date of |
1207 | delinquency or to collect delinquent taxes, interest, and costs, |
1208 | by sale of tax certificates on real property and by seizure and |
1209 | sale of personal property. The tax collector may perform such |
1210 | duties by use of contracted services or products or by |
1211 | electronic means. The use of contracted services, products, or |
1212 | vendors does not diminish the responsibility or liability of the |
1213 | tax collector to perform such duties pursuant to law. The tax |
1214 | collector may |
1215 | services and reasonable attorney's fees and court costs in |
1216 | actions on proceedings to recover delinquent taxes, interest, |
1217 | and costs. |
1218 | (2) A county tax collector may establish one or more |
1219 | branch offices by acquiring title to real property or by lease |
1220 | agreement. The tax collector may staff and equip such branch |
1221 | offices to conduct state business, or if authorized to do so by |
1222 | resolution of the county governing body conduct county business |
1223 | pursuant to s. (1)(k), Art. VIII of the State Constitution. The |
1224 | department shall rely on the tax collector's determination that |
1225 | a branch office is necessary and shall base its approval of the |
1226 | tax collector's budget in accordance with the procedures of s. |
1227 | 195.087(2). |
1228 | Section 30. Section 197.343, Florida Statutes, is amended |
1229 | to read: |
1230 | 197.343 Tax notices; additional notice required.- |
1231 | (1) An additional tax notice shall be sent, electronically |
1232 | or by postal mail, |
1233 | payment has not been received. Electronic transmission of the |
1234 | additional tax notice may be used only with the express consent |
1235 | of the property owner. If the electronic transmission is |
1236 | returned as undeliverable, a second notice must be sent by |
1237 | postal mail. However, the original electronic transmission is |
1238 | the official notice for the purposes of this subsection. The |
1239 | notice shall include a description of the property and a |
1240 | statement that if the taxes are not paid: |
1241 | (a) For real property, a tax certificate may be sold; and |
1242 | (b) For tangible personal property, the property may be |
1243 | sold |
1244 | |
1245 | |
1246 | |
1247 | |
1248 | |
1249 | |
1250 | |
1251 | |
1252 | |
1253 | |
1254 | (2) |
1255 | rights |
1256 | sold under this chapter, a notice of the delinquency shall be |
1257 | sent |
1258 | these subsurface rights are attached. The additional notice may |
1259 | be transmitted electronically only with the express consent of |
1260 | the fee owner. If the electronic transmission is returned as |
1261 | undeliverable, a second notice must be sent by postal mail. |
1262 | However, the original electronic transmission is the official |
1263 | notice for the purposes of this subsection. On the day of the |
1264 | tax sale, the fee owner shall have the right to purchase the tax |
1265 | certificate at the maximum rate of interest provided by law |
1266 | before bids are accepted for the sale of such certificate. |
1267 | (3) |
1268 | notices as he or she considers proper and necessary or as may be |
1269 | required by reasonable rules of the department. An additional |
1270 | notice may be transmitted electronically only with the express |
1271 | consent of the property owner. If the notice of taxes is sent |
1272 | electronically and is returned as undeliverable, a second notice |
1273 | shall be sent by postal mail. However, the original electronic |
1274 | transmission is the official mailing for purpose of this |
1275 | section. |
1276 | Section 31. Subsections (1) and (2) of section 197.344, |
1277 | Florida Statutes, are amended to read: |
1278 | 197.344 Lienholders; receipt of notices and delinquent |
1279 | taxes.- |
1280 | (1) When requested in writing, a tax notice shall be sent |
1281 | |
1282 | (a) Upon request by any taxpayer who is |
1283 | or older |
1284 | to a third party designated by the taxpayer. A duplicate copy of |
1285 | the notice shall be sent |
1286 | (b) Upon request by a mortgagee stating that the mortgagee |
1287 | is the trustee of an escrow account for ad valorem taxes due on |
1288 | the property, the tax notice shall be sent |
1289 | trustee. When the original tax notice is sent |
1290 | trustee, the tax collector shall send |
1291 | the owner of the property with the additional statement that the |
1292 | original has been sent to the trustee. |
1293 | (c) Upon request by a vendee of an unrecorded or recorded |
1294 | contract for deed, the tax collector shall send |
1295 | notice to such vendee. |
1296 | |
1297 | The tax collector may establish cutoff dates, periods for |
1298 | updating the list, and any other reasonable requirements to |
1299 | ensure that the tax notices are sent |
1300 | on time. Notices shall be sent electronically or by postal mail. |
1301 | However, electronic transmission may be used only with the |
1302 | express consent of the person making the request. If the |
1303 | electronic transmission is returned as undeliverable, a second |
1304 | notice shall be sent by postal mail. However, the original |
1305 | electronic transmission is the official notice for the purpose |
1306 | of this subsection. |
1307 | (2) On or before May 1 of each year, the holder or |
1308 | mortgagee of an unsatisfied mortgage, lienholder, or vendee |
1309 | under a contract for deed, upon filing with the tax collector a |
1310 | description of property |
1311 | charge of $2, may request and receive information concerning any |
1312 | delinquent taxes appearing on the current tax roll and |
1313 | certificates issued on the described property |
1314 | of such request, the tax collector shall furnish the following |
1315 | information within 60 days following the tax certificate sale: |
1316 | (a) The description of property on which certificates were |
1317 | sold. |
1318 | (b) The number of each certificate issued and to whom. |
1319 | (c) The face amount of each certificate. |
1320 | (d) The cost for redemption of each certificate. |
1321 | Section 32. Section 197.3635, Florida Statutes, is amended |
1322 | to read: |
1323 | 197.3635 Combined notice of ad valorem taxes and non-ad |
1324 | valorem assessments; requirements.-A form for the combined |
1325 | notice of ad valorem taxes and non-ad valorem assessments shall |
1326 | be produced and paid for by the tax collector. The form shall |
1327 | meet the requirements of this section and department rules and |
1328 | shall be subject to approval by the department. By rule, the |
1329 | department shall provide a format for the form of such combined |
1330 | notice. The form shall |
1331 | (1) |
1332 | and Non-ad Valorem Assessments." The form |
1333 | a receipt part that can be returned along with the payment to |
1334 | the tax collector. |
1335 | |
1336 | |
1337 | |
1338 | (2) |
1339 | heading "Ad Valorem Taxes |
1340 | |
1341 | heading "Non-ad Valorem Assessments |
1342 | assessment part. |
1343 | (3) |
1344 | year, the mailing address of the tax collector, the mailing |
1345 | address of one property owner, the legal description of the |
1346 | property to at least 25 characters, and the unique parcel or tax |
1347 | identification number of the property. |
1348 | (4) |
1349 | total amount of combined levies and the total discounted amount |
1350 | due each month when paid in advance. |
1351 | (5) |
1352 | the notice for official use for data to reflect codes useful to |
1353 | the tax collector. |
1354 | (6) |
1355 | type that |
1356 | (7) |
1357 | valorem part |
1358 | (a) A schedule of the assessed value, exempted value, and |
1359 | taxable value of the property. |
1360 | (b) Subheadings for columns listing taxing authorities, |
1361 | corresponding millage rates expressed in dollars and cents per |
1362 | $1,000 of taxable value, and the associated tax. |
1363 | (c) A listing of taxing authorities |
1364 | sequence and manner as listed on the notice required by s. |
1365 | 200.069(4)(a), with the exception that independent special |
1366 | districts, municipal service taxing districts, and voted debt |
1367 | service millages for each taxing authority shall be listed |
1368 | separately. If a county has too many municipal service taxing |
1369 | units to list separately, it shall combine them to disclose the |
1370 | total number of such units and the amount of taxes levied. |
1371 | (8) |
1372 | |
1373 | (a) Subheadings for columns listing the levying |
1374 | authorities, corresponding assessment rates expressed in dollars |
1375 | and cents per unit of assessment, and the associated assessment |
1376 | amount. |
1377 | (b) The purpose of the assessment, if the purpose is not |
1378 | clearly indicated by the name of the levying authority. |
1379 | (c) A listing of the levying authorities in the same order |
1380 | as in the ad valorem part to the extent practicable. If a county |
1381 | has too many municipal service benefit units to list separately, |
1382 | it shall combine them by function. |
1383 | (9) |
1384 | information to the taxpayer. Such information and instructions |
1385 | shall be nontechnical to minimize confusion. The information and |
1386 | instructions required by this section shall be provided by |
1387 | department rule and shall include: |
1388 | (a) Procedures to be followed when the property has been |
1389 | sold or conveyed. |
1390 | (b) Instruction as to mailing the remittance and receipt |
1391 | along with a brief disclosure of the availability of discounts. |
1392 | (c) Notification about delinquency and interest for |
1393 | delinquent payment. |
1394 | (d) Notification that failure to pay the amounts due will |
1395 | result in a tax certificate being issued against the property. |
1396 | (e) A brief statement outlining the responsibility of the |
1397 | tax collector, the property appraiser, and the taxing |
1398 | authorities. This statement shall be accompanied by directions |
1399 | as to which office to contact for particular questions or |
1400 | problems. |
1401 | Section 33. Subsections (2) and (4) of section 197.373, |
1402 | Florida Statutes, are amended to read: |
1403 | 197.373 Payment of portion of taxes.- |
1404 | (2) The request must be made at least 45 |
1405 | |
1406 | (4) This section does not apply to assessments and |
1407 | collections relating to fee timeshare real property made |
1408 | pursuant to |
1409 | Section 34. Subsection (1) of section 197.374, Florida |
1410 | Statutes, is amended to read: |
1411 | 197.374 Partial payment of current year taxes.- |
1412 | (1) As used in this section, the term "partial payment" |
1413 | means a payment that is less than the full amount of taxes due. |
1414 | The term does not include payments made pursuant to s. 194.171, |
1415 | s. 196.295, s. 197.222, s. 197.252, or s. 197.2524 |
1416 | Section 35. Subsections (1) and (3) of section 197.402, |
1417 | Florida Statutes, are amended to read: |
1418 | 197.402 Advertisement of real or personal property with |
1419 | delinquent taxes.- |
1420 | (1) If |
1421 | board of county commissioners shall select the newspaper as |
1422 | provided in chapter 50. The |
1423 | pay all newspaper charges, and the proportionate cost of the |
1424 | advertisements shall be added to the delinquent taxes |
1425 | |
1426 | (3) Except as provided in s. 197.432(4), on or before June |
1427 | 1 or the 60th day after the date of delinquency, whichever is |
1428 | later, the tax collector shall advertise once each week for 3 |
1429 | weeks and shall sell tax certificates on all real property |
1430 | having |
1431 | Saturday, Sunday, or legal holiday, it is extended to the next |
1432 | working day. The tax collector shall make a list of such |
1433 | properties in the same order in which the property was |
1434 | |
1435 | including interest at the rate of 18 percent per year from the |
1436 | date of delinquency to the date of sale; the cost of |
1437 | advertising; and the expense of sale. For sales that commence on |
1438 | or before June 1, all certificates shall be issued effective as |
1439 | of the date of the first day of the sale and the interest to be |
1440 | paid to the certificateholder shall include the month of June. |
1441 | Section 36. Section 197.403, Florida Statutes, is amended |
1442 | to read: |
1443 | 197.403 |
1444 | |
1445 | the notice of a tax sale shall furnish |
1446 | of the paper containing each notice to the tax collector within |
1447 | 10 days after the last required publication. When the |
1448 | publication of the tax sale notice is completed |
1449 | |
1450 | |
1451 | tax collector and annexed to the report of certificates sold for |
1452 | taxes as provided by s. 197.432(9) |
1453 | Section 37. Subsections (5) and (10) of section 197.413, |
1454 | Florida Statutes, are amended to read: |
1455 | 197.413 Delinquent personal property taxes; warrants; |
1456 | court order for levy and seizure of personal property; seizure; |
1457 | fees of tax collectors.- |
1458 | (5) Upon the filing of the |
1459 | court shall notify each delinquent taxpayer listed in the |
1460 | petition that a petition has been filed and that, upon |
1461 | ratification and confirmation of the petition, the tax collector |
1462 | is |
1463 | and sell so much of the personal property as to satisfy the |
1464 | delinquent taxes, plus costs, interest, attorney's fees, and |
1465 | other charges. The |
1466 | return receipt requested. If the clerk of court and the tax |
1467 | collector agree, the tax collector may provide the notice. |
1468 | (10) The tax collector is entitled to a fee of $10 |
1469 | each delinquent taxpayer at the time delinquent taxes are |
1470 | collected. |
1471 | |
1472 | Section 38. Section 197.414, Florida Statutes, is amended |
1473 | to read: |
1474 | 197.414 |
1475 | levies on tangible personal property.-The tax collector shall |
1476 | keep a record of all warrants and levies made under this chapter |
1477 | and shall note on such record the date of payment, the amount of |
1478 | money, if any, received, and the disposition thereof made by him |
1479 | or her. Such record shall be known as "the tangible personal |
1480 | property tax warrant register." |
1481 | |
1482 | may be maintained in paper or electronic form. |
1483 | Section 39. Subsections (1) and (2) of section 197.4155, |
1484 | Florida Statutes, are amended to read: |
1485 | 197.4155 Delinquent personal property taxes; |
1486 | payment program.- |
1487 | (1) A county tax collector may implement a |
1488 | payment program for the payment of delinquent personal property |
1489 | taxes. If implemented, the |
1490 | |
1491 | |
1492 | |
1493 | requests to participate in the program to submit an application |
1494 | on a form prescribed by the tax collector which, at a minimum, |
1495 | must include the name, address, a description of the property |
1496 | subject to personal property taxes, and the amount of the |
1497 | personal property taxes owed by the taxpayer. |
1498 | (2) Within 10 days after a taxpayer who owes delinquent |
1499 | personal property taxes submits the required application, the |
1500 | tax collector may |
1501 | for the full payment of the |
1502 | |
1503 | costs allowed by this chapter. The plan must be in writing and |
1504 | must be delivered to the taxpayer after it is prescribed. When |
1505 | |
1506 | consider a taxpayer's current and anticipated future ability to |
1507 | pay over the time period of a potential |
1508 | plan. The plan must provide that if the taxpayer does not follow |
1509 | the payment terms or fails to timely file returns or pay current |
1510 | obligations after the date of the payment plan, the taxpayer is |
1511 | |
1512 | any unpaid balance of tax, penalty, or interest scheduled in the |
1513 | payment plan will be due and payable immediately. The plan must |
1514 | also provide that unpaid tax amounts bear interest as provided |
1515 | by law. In prescribing a |
1516 | tax collector may exercise flexibility as to the dates, amounts, |
1517 | and number of payments required to collect all delinquent |
1518 | personal property taxes owed |
1519 | plan must provide for the full satisfaction of all amounts owed |
1520 | by the taxpayer within |
1521 | date of the first payment under the plan. |
1522 | Section 40. Section 197.416, Florida Statutes, is amended |
1523 | to read: |
1524 | 197.416 Continuing duty of the tax collector to collect |
1525 | delinquent tax warrants; limitation of actions.-It is |
1526 | the duty of the tax collector issuing a tax warrant for the |
1527 | collection of delinquent tangible personal property taxes to |
1528 | continue |
1529 | taxes for |
1530 | ratification |
1531 | years, the warrant is |
1532 | limitation |
1533 | collector or his or her successor is |
1534 | accountability for collection of any taxes assessed on tangible |
1535 | personal property until he or she has completely performed every |
1536 | duty devolving upon the tax collector as required by law. |
1537 | Section 41. Subsection (1) of section 197.417, Florida |
1538 | Statutes, is amended to read: |
1539 | 197.417 Sale of personal property after seizure.- |
1540 | (1) When personal property is levied upon for delinquent |
1541 | taxes as provided for in s. 197.413, at least 7 |
1542 | the sale the tax collector shall give public notice by |
1543 | advertisement of the time and place of sale of the property to |
1544 | be sold. The notice shall be posted in at least two |
1545 | places in the county |
1546 | and the property shall be sold at public auction at the location |
1547 | noted in the advertisement. Notice posted on the Internet |
1548 | qualifies as one location. The property sold shall be present if |
1549 | practical. If the sale is conducted electronically, a |
1550 | description of the property and a photograph, when practical, |
1551 | shall be available. At any time before the sale the owner or |
1552 | claimant of the property may release the property by the payment |
1553 | of the taxes, plus delinquent charges, interest, and costs, for |
1554 | which the property was liable to be sold. |
1555 | |
1556 | such a sale is made, the tax collector shall be entitled to the |
1557 | same fees and charges as are allowed sheriffs upon execution |
1558 | sales. |
1559 | Section 42. Section 197.432, Florida Statutes, is amended |
1560 | to read: |
1561 | 197.432 Sale of tax certificates for unpaid taxes.- |
1562 | (1) On the day and approximately at the time designated in |
1563 | the notice of the sale, the tax collector shall commence the |
1564 | sale of tax certificates on the real property |
1565 | which taxes have not been paid. The tax collector |
1566 | shall continue the sale from day to day until each certificate |
1567 | is sold to pay the taxes, interest, costs, and charges on the |
1568 | parcel described in the certificate. |
1569 | |
1570 | collector shall offer all certificates on the property |
1571 | they are listed on the tax roll |
1572 | conduct the sale of tax certificates for unpaid taxes pursuant |
1573 | to this section by electronic means, which may allow for proxy |
1574 | bidding. Such electronic means must comply with the procedures |
1575 | provided in this chapter. A tax collector who chooses to conduct |
1576 | such electronic sales may receive electronic deposits and |
1577 | payments related to the tax certificate sale. |
1578 | (2) A lien created through the sale of a tax certificate |
1579 | may not be enforced in any manner except as prescribed in this |
1580 | chapter. |
1581 | (3) If the |
1582 | property and all interest, costs, and charges are paid before a |
1583 | tax certificate is awarded to a buyer or struck to the county |
1584 | the tax collector may not issue the tax certificate |
1585 | |
1586 | |
1587 | awarded to a buyer or struck to the county, the delinquent |
1588 | taxes, interest, costs, and charges are paid by the redemption |
1589 | of the tax certificate. |
1590 | (4) A tax certificate representing less than $250 |
1591 | delinquent taxes on property that has been granted a homestead |
1592 | exemption for the year in which the delinquent taxes were |
1593 | assessed may not be sold at public auction or by electronic sale |
1594 | as provided in subsection (1) |
1595 | the tax collector to the county at the maximum rate of interest |
1596 | allowed |
1597 | 197.502(3) may |
1598 | exemption is granted to the person who received the homestead |
1599 | exemption for the year in which the tax certificate was issued. |
1600 | However, if |
1601 | |
1602 | of s. 197.502(3) shall be invoked. |
1603 | (5) A tax certificate that has not been sold on property |
1604 | for which a tax deed application is pending shall be struck to |
1605 | the county. |
1606 | (6) |
1607 | person who will pay the taxes, interest, costs, and charges and |
1608 | will demand the lowest rate of interest, not in excess of the |
1609 | maximum rate of interest allowed by this chapter. The tax |
1610 | collector shall accept bids in even increments and in fractional |
1611 | interest rate bids of one-quarter of 1 percent only. Proxy |
1612 | bidding is valid if authorized or accepted by the potential |
1613 | buyer of the certificate. If multiple bidders offer the same |
1614 | lowest rate of interest, the tax collector shall determine the |
1615 | method of selecting the bidder to whom the certificate will be |
1616 | awarded. Acceptable methods include the bid received first or |
1617 | use of a random number generator. If a certificate is not |
1618 | purchased |
1619 | |
1620 | this chapter. |
1621 | (7) |
1622 | payment of a reasonable deposit from any person who wishes to |
1623 | bid for a tax certificate. A person who fails or refuses to pay |
1624 | any bid made by, or on behalf of, such person |
1625 | entitled to bid or have any other bid accepted or |
1626 | except as authorized by the tax collector |
1627 | |
1628 | |
1629 | |
1630 | notice when certificates are |
1631 | |
1632 | issuance. |
1633 | the transmission of the electronic notice by the tax collector |
1634 | or receipt of the written notice by the certificate buyer |
1635 | |
1636 | all or any portion of the deposit placed by the bidder may be |
1637 | |
1638 | |
1639 | of the certificate by the tax collector. If the tax collector |
1640 | determines that payment has been requested in error, the tax |
1641 | collector shall issue a refund within 15 business days after |
1642 | such payment. Any refund issued after 15 business days shall be |
1643 | issued with interest at the rate of 5 percent per annum. |
1644 | (8) |
1645 | |
1646 | |
1647 | |
1648 | |
1649 | (a) If the sale has not been adjourned, the tax collector |
1650 | shall reoffer the certificate for sale. |
1651 | (b) If the sale has been adjourned, the tax collector |
1652 | shall reoffer the certificate at a subsequent sale. Before the |
1653 | subsequent sale, the parcels must be readvertised pursuant to s. |
1654 | 197.402(3). |
1655 | (9) |
1656 | |
1657 | the sale, the number of each certificate, the name of the owner |
1658 | as returned, a description of the property |
1659 | certificate, the name of the purchaser, the interest rate bid, |
1660 | and the amount for which sale was made. Such records may be |
1661 | maintained electronically and shall |
1662 | |
1663 | |
1664 | |
1665 | (10) |
1666 | lien is not created in, property owned by any governmental unit |
1667 | |
1668 | lease of the property to a nongovernmental lessee. The |
1669 | delinquent taxes shall be enforced and collected in the manner |
1670 | provided in s. 196.199(8). However, the ad valorem real property |
1671 | taxes levied on a leasehold that is taxed as real property under |
1672 | s. 196.199(2)(b), and for which no rental payments are due under |
1673 | the agreement that created the leasehold or for which payments |
1674 | required under the original leasehold agreement have been waived |
1675 | or prohibited by law before January 1, 1993, must be paid by the |
1676 | lessee. If the taxes are unpaid, the delinquent taxes become a |
1677 | lien on the leasehold and may be collected and enforced under |
1678 | this chapter. |
1679 | (11) |
1680 | |
1681 | the property appraiser, the tax collector, or the taxing or |
1682 | levying authority |
1683 | |
1684 | corrected or amended, pursuant to this chapter or chapter 196, |
1685 | |
1686 | interest, or the rate of interest bid at the tax certificate |
1687 | sale, whichever is less, calculated monthly from the date the |
1688 | certificate was purchased until the date the tax collector |
1689 | issues the refund |
1690 | that are corrected or void shall be processed in accordance with |
1691 | the procedure set forth in s. 197.182, except that the 4-year |
1692 | time period provided for in s. 197.182(1)(e) |
1693 | does not apply to or bar refunds resulting from correction or |
1694 | cancellation of certificates and release of tax deeds as |
1695 | authorized herein. |
1696 | (12) |
1697 | The tax collector is |
1698 | percent on the amount of the delinquent taxes and interest when |
1699 | a tax certificate is sold |
1700 | must be included on the face value of the certificate. However, |
1701 | the tax collector is |
1702 | for a certificate that is struck |
1703 | to the county until the certificate is redeemed or purchased |
1704 | |
1705 | |
1706 | tax collector may |
1707 | |
1708 | by the county. |
1709 | |
1710 | |
1711 | |
1712 | |
1713 | |
1714 | |
1715 | |
1716 | (13) |
1717 | through an agent, or otherwise initiate contact with the owner |
1718 | of property upon which he or she holds a tax certificate to |
1719 | encourage or demand payment until 2 years after |
1720 | |
1721 | (14) |
1722 | date 2 years after April 1 of the year of issuance of the tax |
1723 | certificate, initiates, or whose agent initiates, contact with |
1724 | the property owner upon which he or she holds a certificate |
1725 | encouraging or demanding payment may be barred by the tax |
1726 | collector from bidding at a tax certificate sale. Unfair or |
1727 | deceptive contact by the holder of a tax certificate to a |
1728 | property owner to obtain payment is an unfair and deceptive |
1729 | trade practice, as referenced in s. 501.204(1), regardless of |
1730 | whether the tax certificate is redeemed. Such unfair or |
1731 | deceptive contact is actionable under ss. 501.2075-501.211. If |
1732 | the property owner later redeems the certificate in reliance on |
1733 | the deceptive or unfair practice, the unfair or deceptive |
1734 | contact is actionable under applicable laws prohibiting fraud. |
1735 | |
1736 | |
1737 | |
1738 | |
1739 | |
1740 | |
1741 | |
1742 | |
1743 | Section 43. Section 197.4325, Florida Statutes, is amended |
1744 | to read: |
1745 | 197.4325 Procedure when |
1746 | taxes or tax certificates is |
1747 | (1) |
1748 | received by the tax collector |
1749 | dishonored, the tax collector shall notify the payor |
1750 | |
1751 | official receipt is canceled for nonpayment, the tax collector |
1752 | shall |
1753 | |
1754 | was canceled because of a dishonored payment |
1755 | |
1756 | effort to collect the moneys due before canceling the receipt. |
1757 | |
1758 | |
1759 | |
1760 | (2) |
1761 | collector for the purchase of a tax certificate is dishonored |
1762 | and: |
1763 | |
1764 | |
1765 | |
1766 | |
1767 | |
1768 | |
1769 | |
1770 | |
1771 | (a) |
1772 | tax collector shall readvertise the tax certificate to be |
1773 | resold. If |
1774 | certificate is readvertised, the deposit shall be used to pay |
1775 | the advertising fees before other costs or charges are imposed. |
1776 | Any portion of the bidder's forfeit deposit that remains after |
1777 | advertising and other costs or charges have been paid shall be |
1778 | deposited by the tax collector into his or her official office |
1779 | account. If the tax collector fails to require a deposit and tax |
1780 | certificates are resold, the advertising charges required for |
1781 | the second sale may |
1782 | tax certificate. |
1783 | (b) |
1784 | the tax collector shall cancel the previous bid pursuant to s. |
1785 | 197.432(8)(a) and reoffer the certificate for sale |
1786 | |
1787 | |
1788 | Section 44. Subsection (2) of section 197.442, Florida |
1789 | Statutes, is amended to read: |
1790 | 197.442 Tax collector not to sell certificates on land on |
1791 | which taxes have been paid; penalty.- |
1792 | (2) The office of the tax collector shall be responsible |
1793 | |
1794 | which the taxes have been paid, and the office of the property |
1795 | appraiser shall be responsible |
1796 | advertising property |
1797 | Section 45. Section 197.443, Florida Statutes, is amended |
1798 | to read: |
1799 | 197.443 Cancellation of |
1800 | of tax certificates |
1801 | (1) The tax collector shall forward a certificate of error |
1802 | to the department and enter a memorandum of error upon the list |
1803 | of certificates sold for taxes if |
1804 | |
1805 | (a) The tax certificate evidencing the sale is void |
1806 | because the taxes on the property |
1807 | (b) The property was |
1808 | the time of the assessment on which they were sold; |
1809 | (c) The description of the property in the tax certificate |
1810 | is void or has been corrected or amended; |
1811 | (d) An error of commission or omission has occurred which |
1812 | invalidates the sale; |
1813 | (e) The circuit court has voided the tax certificate by a |
1814 | suit to cancel the tax certificate by the holder; |
1815 | (f) The tax certificate is void for any other reason; or |
1816 | (g) An error in assessed value has occurred for which the |
1817 | tax certificate may be corrected. |
1818 | |
1819 | |
1820 | |
1821 | |
1822 | (2) The department, upon receipt of the |
1823 | of error, if satisfied of the correctness of the certificate |
1824 | |
1825 | collector, who shall cancel or correct the certificate. A tax |
1826 | certificate correction or cancellation that has been ordered by |
1827 | a court or requested by the tax certificateholder and that does |
1828 | not result from a change made in the assessed value on a tax |
1829 | roll certified to the tax collector shall be made by the tax |
1830 | collector without order from the department. |
1831 | (3) |
1832 | or causes to be corrected or to be canceled and surrendered by |
1833 | any other tax certificates, or who pays any subsequent and |
1834 | omitted taxes or costs, in connection with the foreclosure of a |
1835 | tax certificate or tax deed that is |
1836 | |
1837 | corrected for any reason, |
1838 | |
1839 | |
1840 | |
1841 | amount paid together with interest calculated monthly from the |
1842 | date of payment through the day of issuance of the refund at the |
1843 | rate specified in s. 197.432(11) |
1844 | (a) The county officer or taxing or levying authority |
1845 | that |
1846 | the voiding |
1847 | for the costs of advertising incurred in the sale of a new |
1848 | tax certificate. |
1849 | (b) If |
1850 | the certificate be canceled for any reason, or that the amount |
1851 | of the certificate be amended as a result of payments received |
1852 | due to an intervening bankruptcy or receivership, but does not |
1853 | seek a refund, the tax collector shall cancel or amend the tax |
1854 | certificate and a refund shall not be processed. The tax |
1855 | collector shall require the owner of the tax certificate to |
1856 | execute a written statement that he or she is the holder of the |
1857 | tax certificate, that he or she wishes the certificate to be |
1858 | canceled or amended, and that a refund is not expected and is |
1859 | not to be made. |
1860 | (4) |
1861 | upon the certificate is held by an individual, the collector |
1862 | shall |
1863 | or tax deed or the subsequent holder |
1864 | upon the voluntary surrender of the certificate or deed of |
1865 | release of any |
1866 | will be made of the amount received by the governmental units |
1867 | for the certificate or deed, plus $1 for the deed of release. |
1868 | (5) |
1869 | procedure set forth in s. 197.182, except that the 4-year time |
1870 | period provided for in s. 197.182(1)(e) |
1871 | not apply to or bar refunds resulting from correction or |
1872 | cancellation of certificates and release of tax deeds as |
1873 | authorized in this section |
1874 | Section 46. Section 197.462, Florida Statutes, is amended |
1875 | to read: |
1876 | 197.462 Transfer of tax certificates held by individuals.- |
1877 | (1) All tax certificates issued to an individual may be |
1878 | transferred |
1879 | or a tax deed is executed |
1880 | |
1881 | |
1882 | |
1883 | |
1884 | (2) |
1885 | record of tax certificates sold. |
1886 | (3) |
1887 | charge for each transfer |
1888 | Section 47. Section 197.472, Florida Statutes, is amended |
1889 | to read: |
1890 | 197.472 Redemption of tax certificates.- |
1891 | (1) Any person may redeem a tax certificate |
1892 | |
1893 | issued and before a tax deed is issued or the property is placed |
1894 | on the list of lands available for sale. The person redeeming |
1895 | |
1896 | |
1897 | interest, costs, and charges. |
1898 | |
1899 | |
1900 | |
1901 | |
1902 | |
1903 | (2) When a tax certificate is redeemed and the interest |
1904 | earned on the tax certificate is less than 5 percent of the face |
1905 | amount of the certificate, a mandatory minimum interest |
1906 | of an absolute 5 percent shall be levied upon the face value of |
1907 | the tax certificate. The person redeeming the tax certificate |
1908 | shall pay the interest rate due on the certificate or the 5 |
1909 | percent |
1910 | is greater. This subsection applies to all county-held tax |
1911 | certificates and all individual tax certificates except those |
1912 | with an interest rate bid of zero percent. |
1913 | (3) After an application for a tax deed is filed but |
1914 | before a tax deed is issued, a person who wishes to redeem the |
1915 | tax certificates issued against a property must pay all |
1916 | principle, fees, and interest that would constitute the minimum |
1917 | bid under s. 197.542 were the tax deed sale held the date of |
1918 | redemption. |
1919 | (4) |
1920 | each tax certificate |
1921 | (5) |
1922 | |
1923 | ascertained by legal description and the portion to be redeemed |
1924 | is evidenced by a contract for sale or recorded deed. |
1925 | collector shall make a written request for apportionment to the |
1926 | property appraiser, and |
1927 | property appraiser shall furnish the tax collector a certificate |
1928 | apportioning the value to that portion sought to be redeemed and |
1929 | to the remaining land covered by the certificate. |
1930 | |
1931 | |
1932 | |
1933 | |
1934 | |
1935 | |
1936 | |
1937 | |
1938 | |
1939 | |
1940 | |
1941 | |
1942 | |
1943 | |
1944 | |
1945 | |
1946 | (6) After |
1947 | redeemed, the tax collector shall pay to the owner of the tax |
1948 | certificate the amount received by the tax collector less the |
1949 | redemption fee within 15 business days after the date of receipt |
1950 | of the redemption. If the payment to the tax certificate owner |
1951 | is not issued within 15 business days, the tax collector shall |
1952 | pay interest at the rate of 5 percent per annum to the |
1953 | certificate owner |
1954 | tax collector shall identify the certificates redeemed and the |
1955 | amount paid for each certificate. However, if the tax collector |
1956 | pays the certificateholder electronically, the certificates |
1957 | redeemed and the amounts paid for each certificate shall be |
1958 | provided electronically by facsimile or electronic mail within |
1959 | 24 hours after payment. |
1960 | (7) Nothing in this section shall be deemed to deny any |
1961 | person the right to |
1962 | certificate in accordance with the law |
1963 | |
1964 | |
1965 | |
1966 | |
1967 | (8) The provisions of subsection (5) |
1968 | collections relating to fee timeshare real property made |
1969 | pursuant to |
1970 | Section 48. Section 197.4725, Florida Statutes, is created |
1971 | to read: |
1972 | 197.4725 Purchase of county-held tax certificates.- |
1973 | (1) Any person may purchase a county-held tax certificate |
1974 | at any time after the tax certificate is issued and before a tax |
1975 | deed application is made. The person purchasing a county-held |
1976 | tax certificate shall pay to the tax collector the face amount |
1977 | plus all interest, costs, and charges or, subject to s. |
1978 | 197.472(4), the part described in the tax certificate. |
1979 | (2) If a county-held tax certificate is purchased, the |
1980 | interest earned shall be calculated at 1.5 percent per month, or |
1981 | a fraction thereof, to the date of purchase. |
1982 | (3) The tax collector shall receive a fee of $6.25 for |
1983 | each county-held tax certificate purchased. |
1984 | (4) This section does not apply to collections relating to |
1985 | fee timeshare real property made pursuant to s. 192.037. |
1986 | (5) The tax collector may use electronic means to make |
1987 | known county-held tax certificates that are available for |
1988 | purchase and to complete the purchase. The tax collector may |
1989 | charge a reasonable fee for costs incurred in providing such |
1990 | electronic services. |
1991 | (6) The purchaser of a county-held tax certificate shall |
1992 | be issued a new tax certificate with a face value that includes |
1993 | all sums paid to acquire the certificate from the county, |
1994 | including accrued interest and charges paid under to this |
1995 | section. The date the county-held certificate was issued shall |
1996 | be the date used to determine the date on which an application |
1997 | for tax deed may be made. The date that the new certificate is |
1998 | purchased is the date that must be used to calculate the |
1999 | interest or minimum charge due if the certificate is redeemed. |
2000 | Section 49. Section 197.473, Florida Statutes, is amended |
2001 | to read: |
2002 | 197.473 Disposition of unclaimed redemption moneys.- |
2003 | |
2004 | redemption of a tax certificate or a tax deed application that |
2005 | |
2006 | to the holder of a redeemed tax certificate but for which no |
2007 | claim has been made, or which fails to be presented for payment, |
2008 | is considered unclaimed as defined in s. 717.113 and shall be |
2009 | remitted to the state pursuant to s. 717.117 |
2010 | |
2011 | |
2012 | |
2013 | |
2014 | |
2015 | |
2016 | |
2017 | |
2018 | Section 50. Section 197.482, Florida Statutes, is amended |
2019 | to read: |
2020 | 197.482 Expiration |
2021 | certificate.- |
2022 | |
2023 | date of issuance of a tax certificate, which is the date of the |
2024 | first day of the tax certificate sale as advertised under s. |
2025 | 197.432, |
2026 | applied for |
2027 | other administrative or legal proceeding, including a |
2028 | bankruptcy, has existed of record, the tax certificate is null |
2029 | and void |
2030 | collector shall note |
2031 | of the cancellation |
2032 | records in his or her office. |
2033 | |
2034 | |
2035 | |
2036 | |
2037 | |
2038 | apply to deferred payment tax certificates. |
2039 | |
2040 | |
2041 | |
2042 | |
2043 | Section 51. Section 197.492, Florida Statutes, is amended |
2044 | to read: |
2045 | 197.492 Errors and insolvencies report |
2046 | the 60th day after the tax certificate sale is adjourned, the |
2047 | tax collector shall certify |
2048 | county commissioners a report |
2049 | errors, double assessments, and insolvencies relating to tax |
2050 | collections for which credit is to be given, including in every |
2051 | case except discounts, the names of the parties on whose account |
2052 | the credit is to be allowed. The report may be submitted in an |
2053 | electronic format. |
2054 | |
2055 | |
2056 | |
2057 | |
2058 | |
2059 | |
2060 | |
2061 | Section 52. Section 197.502, Florida Statutes, is amended |
2062 | to read: |
2063 | 197.502 Application for obtaining tax deed by holder of |
2064 | tax sale certificate; fees.- |
2065 | (1) The holder of a |
2066 | county, at any time after 2 years have elapsed since April 1 of |
2067 | the year of issuance of the tax certificate and before the |
2068 | cancellation |
2069 | |
2070 | tax deed with the tax collector of the county where the property |
2071 | |
2072 | |
2073 | |
2074 | |
2075 | deed application fee of $75, plus reimbursement for any fee |
2076 | charged to the tax collector by a vendor for providing an |
2077 | electronic tax deed application program or service. |
2078 | (2) A certificateholder, other than the county, may notify |
2079 | the tax collector at any time of the certificateholder's intent |
2080 | to make application for tax deed. However, if the tax deed |
2081 | application will be filed within the month of the earliest date |
2082 | allowed pursuant to subsection (1), the certificateholder must |
2083 | provide the tax collector with a notice of intent to make |
2084 | application no later than 30 days before the date of |
2085 | application. The tax collector shall notify the |
2086 | certificateholder of the total amount due or the estimated |
2087 | amount due, which must include the amount due for redemption or |
2088 | purchase of all other outstanding tax certificates, plus |
2089 | interest; any omitted taxes, plus interest; any delinquent |
2090 | taxes, plus interest; any costs of an electronic tax deed sale; |
2091 | and current taxes, if due, which cover the land. The tax |
2092 | collector shall provide this notice at the earliest possible |
2093 | date but no later than 30 days following the tax collector's |
2094 | receipt of the certficateholder's notice of intent to make |
2095 | application. The certificateholder shall pay the total amount |
2096 | due or the estimated amount due at the time of application. If |
2097 | the tax collector estimates the costs to redeem the outstanding |
2098 | certificates, the tax collector must provide a final statement |
2099 | of the costs within 60 days after receipt of the application. |
2100 | The applicant shall pay any additional amounts due within 10 |
2101 | days after receipt of a final statement. The tax collector shall |
2102 | refund any overpayments with interest at the rate of 5 percent |
2103 | per annum compounded annually within 10 days after providing the |
2104 | final statement. |
2105 | |
2106 | |
2107 | |
2108 | |
2109 | |
2110 | |
2111 | (3) The county in which |
2112 | in the certificate is |
2113 | for a tax deed on all county-held certificates on property |
2114 | valued at $5,000 or more on the property appraiser's most recent |
2115 | assessment roll, except deferred payment tax certificates, and |
2116 | may apply for tax deeds |
2117 | on property valued at less than $5,000 on the property |
2118 | appraiser's most recent assessment roll. The |
2119 | shall be made 2 years after April 1 of the year of issuance of |
2120 | the certificates or as soon thereafter as is reasonable. Upon |
2121 | application |
2122 | tax collector all applicable costs and fees, but may |
2123 | deposit any money to cover the redemption of other outstanding |
2124 | certificates covering the property |
2125 | charge a tax deed application fee of $75, plus reimbursement for |
2126 | any fee charged to the tax collector by a vendor for providing |
2127 | an electronic tax deed application program or service. |
2128 | (4) The tax collector shall deliver to the clerk of the |
2129 | circuit court a statement that payment has been made for all |
2130 | outstanding certificates or, if the certificate is held by the |
2131 | county, that all appropriate fees have been deposited, and |
2132 | stating that the following persons are to be notified prior to |
2133 | the sale of the property: |
2134 | (a) Any legal titleholder of record if the address of the |
2135 | owner appears on the record of conveyance of the property |
2136 | to the owner. However, if the legal titleholder of record is the |
2137 | same as the person to whom the property was assessed on the tax |
2138 | roll for the year in which the property was last assessed, then |
2139 | the notice may |
2140 | titleholder as it appears on the latest assessment roll. |
2141 | (b) Any lienholder of record who has recorded a lien |
2142 | against the property described in the tax certificate if an |
2143 | address appears on the recorded lien. |
2144 | (c) Any mortgagee of record if an address appears on the |
2145 | recorded mortgage. |
2146 | (d) Any vendee of a recorded contract for deed if an |
2147 | address appears on the recorded contract or, if the contract is |
2148 | not recorded, any vendee who has applied to receive notice |
2149 | pursuant to s. 197.344(1)(c). |
2150 | (e) Any other lienholder who has applied to the tax |
2151 | collector to receive notice if an address is supplied to the |
2152 | collector |
2153 | (f) Any person to whom the property was assessed on the |
2154 | tax roll for the year in which the property was last assessed. |
2155 | (g) Any lienholder of record who has recorded a lien |
2156 | against a mobile home located on the property described in the |
2157 | tax certificate if an address appears on the recorded lien and |
2158 | if the lien is recorded with the clerk of the circuit court in |
2159 | the county where the mobile home is located. |
2160 | (h) Any legal titleholder of record of property that is |
2161 | contiguous to the property described in the tax certificate, if |
2162 | |
2163 | elements of a subdivision, if the address of the titleholder of |
2164 | contiguous property appears on the record of conveyance of the |
2165 | property |
2166 | legal titleholder of property contiguous to the property |
2167 | |
2168 | whom the property described in the tax certificate was assessed |
2169 | on the tax roll for the year in which the property was last |
2170 | assessed, the notice may be mailed |
2171 | legal titleholder as it appears on the latest assessment roll. |
2172 | As used in this chapter, the term "contiguous" means touching, |
2173 | meeting, or joining at the surface or border, other than at a |
2174 | corner or a single point, and not separated by submerged lands. |
2175 | Submerged lands lying below the ordinary high-water mark which |
2176 | are sovereignty lands are not part of the upland contiguous |
2177 | property for purposes of notification. |
2178 | |
2179 | The statement must be signed by the tax collector or the tax |
2180 | collector's designee |
2181 | tax collector may purchase a reasonable bond for errors and |
2182 | omissions of his or her office in making such statement. The |
2183 | search of the official records must be made by a direct and |
2184 | inverse search. "Direct" means the index in straight and |
2185 | continuous alphabetic order by grantor, and "inverse" means the |
2186 | index in straight and continuous alphabetic order by grantee. |
2187 | (5)(a) The tax collector may contract with a title company |
2188 | or an abstract company |
2189 | minimum information required in subsection (4), consistent with |
2190 | rules adopted by the department. If additional information is |
2191 | required, the tax collector must make a written request to the |
2192 | title or abstract company stating the additional requirements. |
2193 | The tax collector may select any title or abstract company, |
2194 | regardless of its location, as long as the fee is reasonable, |
2195 | the minimum information is submitted, and the title or abstract |
2196 | company is authorized to do business in this state. The tax |
2197 | collector may advertise and accept bids for the title or |
2198 | abstract company if he or she considers it appropriate to do so. |
2199 | 1. The ownership and encumbrance report must include the |
2200 | |
2201 | letterhead of the person, firm, or company that makes the |
2202 | search, and the signature of the individual |
2203 | search or of an officer of the firm |
2204 | collector is not liable for payment to the firm unless these |
2205 | requirements are met. The report may be submitted to the tax |
2206 | collector in an electronic format. |
2207 | 2. The tax collector may not accept or pay for any title |
2208 | search or abstract if |
2209 | for the search. However, reasonable restrictions as to the |
2210 | liability or responsibility of the title or abstract company are |
2211 | acceptable. Notwithstanding s. 627.7843(3), the tax collector |
2212 | may contract for higher maximum liability limits. |
2213 | 3. In order to establish uniform prices for ownership and |
2214 | encumbrance reports within the county, the tax collector must |
2215 | |
2216 | reports include all requests for title searches or abstracts for |
2217 | a given period of time. |
2218 | (b) Any fee paid for a |
2219 | be collected at the time of application under subsection (1), |
2220 | and the amount of the fee must be added to the opening bid. |
2221 | (c) The clerk shall advertise and administer the sale and |
2222 | receive such fees for the issuance of the deed and sale of the |
2223 | property as |
2224 | (6) |
2225 | (a) On county-held certificates on nonhomestead property |
2226 | shall be the sum of the value of all outstanding certificates |
2227 | against the property |
2228 | taxes, interest, and all costs and fees paid by the county. |
2229 | (b) |
2230 | nonhomestead property shall include, in addition to the amount |
2231 | of money paid to the tax collector by the certificateholder at |
2232 | the time of application, the amount required to redeem the |
2233 | applicant's tax certificate and all other costs and fees paid by |
2234 | the applicant, plus all tax certificates that were sold |
2235 | subsequent to the filing of the tax deed application and omitted |
2236 | taxes, if any. |
2237 | (c) |
2238 | roll as homestead property shall include, in addition to the |
2239 | amount of money required for an opening bid on nonhomestead |
2240 | property, an amount equal to one-half of the latest just |
2241 | |
2242 | |
2243 | if the tax certificate to which the application relates was sold |
2244 | prior to January 1, 1982. |
2245 | (7) On county-held certificates for which there are no |
2246 | bidders at the public sale, the clerk shall enter the land on a |
2247 | list entitled "lands available for taxes" and shall immediately |
2248 | notify the county commission and all other persons holding |
2249 | certificates against the property |
2250 | available. During the first 90 days after the property |
2251 | placed on the list |
2252 | purchase the land for the opening bid or may waive its rights to |
2253 | purchase the property. Thereafter, any person, the county, or |
2254 | any other governmental unit may purchase the property |
2255 | the clerk, without further notice or advertising, for the |
2256 | opening bid, except that if |
2257 | governmental unit is the purchaser for its own use, the board of |
2258 | county commissioners may cancel omitted years' taxes, as |
2259 | provided under s. 197.447. If the county does not elect to |
2260 | purchase the property |
2261 | titleholder of property contiguous to the property |
2262 | available for taxes, as provided in paragraph (4)(h), before |
2263 | expiration of the 90-day period. Interest on the opening bid |
2264 | continues to accrue through the month of sale as prescribed by |
2265 | s. 197.542. |
2266 | (8) Taxes may |
2267 | as lands available for taxes, but in each year the taxes that |
2268 | would have been due shall be treated as omitted years and added |
2269 | to the required minimum bid. If any tax certificates exist or if |
2270 | an application for a tax deed by a person other than the county |
2271 | is not filed within 7 |
2272 | offered for public sale, the land shall escheat to the county in |
2273 | which it is located, free and clear. If the property was placed |
2274 | on the list of lands available for taxes as a result of a tax |
2275 | deed application filed by the county and a tax certificate, |
2276 | owned by a person other than the county, does not exist on the |
2277 | property, the property shall escheat 3 years after the day the |
2278 | property was offered for private sale, free and clear. All tax |
2279 | certificates, accrued taxes, and liens of any nature against the |
2280 | property shall be deemed canceled as a matter of law and of no |
2281 | further legal force and effect, and the clerk shall execute an |
2282 | escheatment tax deed vesting title in the board of county |
2283 | commissioners of the county in which the land is located. |
2284 | (a) When a property escheats to the county under this |
2285 | subsection, the county is not subject to any liability imposed |
2286 | by chapter 376 or chapter 403 for preexisting soil or |
2287 | groundwater contamination due solely to its ownership. However, |
2288 | this subsection does not affect the rights or liabilities of any |
2289 | past or future owners of the escheated property and does not |
2290 | affect the liability of any governmental entity for the results |
2291 | of its actions that create or exacerbate a pollution source. |
2292 | (b) The county and the Department of Environmental |
2293 | Protection may enter into a written agreement for the |
2294 | performance, funding, and reimbursement of the investigative and |
2295 | remedial acts necessary for a property that escheats to the |
2296 | county. |
2297 | (9) Consolidated applications on more than one tax |
2298 | certificate are allowed, but a separate statement shall be |
2299 | issued pursuant to subsection (4), and a separate tax deed shall |
2300 | be issued pursuant to s. 197.552, for each parcel of property |
2301 | shown on the tax certificate. |
2302 | (10) Any fees collected pursuant to this section shall be |
2303 | refunded to the certificateholder in the event that the tax deed |
2304 | sale is canceled for any reason. |
2305 | (11) For any property acquired under this section by the |
2306 | county for the express purpose of providing infill housing, the |
2307 | board of county commissioners may, in accordance with s. |
2308 | 197.447, cancel county-held tax certificates and omitted years' |
2309 | taxes on such properties. Furthermore, the county may not |
2310 | transfer a property acquired under this section specifically for |
2311 | infill housing back to a taxpayer who failed to pay the |
2312 | delinquent taxes or charges that led to the issuance of the tax |
2313 | certificate or lien. For purposes of this subsection only, the |
2314 | term "taxpayer" includes the taxpayer's family or any entity in |
2315 | which the taxpayer or taxpayer's family has any interest. |
2316 | Section 53. Section 197.522, Florida Statutes, is amended |
2317 | to read: |
2318 | 197.522 Notice to owner when application for tax deed is |
2319 | made.- |
2320 | (1)(a) Except as provided in this section, the clerk of |
2321 | the circuit court shall notify, by certified mail with return |
2322 | receipt requested or by registered mail if the notice is to be |
2323 | sent outside the continental United States, the persons listed |
2324 | in the tax collector's statement pursuant to s. 197.502(4) that |
2325 | an application for a tax deed has been made. Such notice shall |
2326 | be mailed at least 20 days before |
2327 | an |
2328 | then a |
2329 | (b) The clerk shall enclose with every copy mailed a |
2330 | statement as follows: |
2331 | WARNING: There are unpaid taxes on property which you own |
2332 | or in which you have a legal interest. Such property will be |
2333 | sold at public auction notwithstanding its classification as |
2334 | homestead property, if applicable. The property will be sold at |
2335 | public auction on ...(date)... unless the back taxes are paid. |
2336 | To make payment, or to receive further information, contact the |
2337 | clerk of court immediately at ...(address)..., ...(telephone |
2338 | number).... |
2339 | (c) The clerk shall complete and attach to the affidavit |
2340 | of the publisher a certificate containing the names and |
2341 | addresses of those persons notified and the date the notice was |
2342 | mailed. The certificate shall be signed by the clerk and the |
2343 | clerk's official seal affixed. The certificate shall be prima |
2344 | facie evidence of the fact that the notice was mailed. If an |
2345 | address is not listed on the tax collector's certification, the |
2346 | clerk shall execute a certificate to that effect. |
2347 | (d) The failure of anyone to receive notice as provided |
2348 | herein shall not affect the validity of the tax deed issued |
2349 | pursuant to the notice. |
2350 | (e) A printed copy of the notice as published in the |
2351 | newspaper, accompanied by the warning statement described in |
2352 | paragraph (b), shall be deemed sufficient notice. |
2353 | (2)(a) In addition to the notice provided in subsection |
2354 | (1), for property that was not classified as homestead property |
2355 | on the most recent assessment roll prior to the tax deed |
2356 | application, the sheriff of the county in which the legal |
2357 | titleholder resides shall, at least 20 days prior to the date of |
2358 | sale, notify the legal titleholder of record of the property on |
2359 | which the tax certificate is outstanding. The original notice |
2360 | and sufficient copies shall be prepared by the clerk and |
2361 | provided to the sheriff. Such notice shall be served as |
2362 | specified in chapter 48; if the sheriff is unable to make |
2363 | service, he or she shall post a copy of the notice in a |
2364 | conspicuous place at the legal titleholder's last known address. |
2365 | The inability of the sheriff to serve notice on the legal |
2366 | titleholder shall not affect the validity of the tax deed issued |
2367 | pursuant to the notice. A legal titleholder of record who |
2368 | resides outside the state may be notified by the clerk as |
2369 | provided in subsection (1). The notice shall be in substantially |
2370 | the following form: |
2371 | |
2372 | |
2373 | There are unpaid taxes on the property which you own. |
2374 | Such property will be sold at public auction |
2375 | notwithstanding its classification as homestead |
2376 | property, if applicable. The property will be sold at |
2377 | public auction on ...(date)... unless the back taxes |
2378 | are paid. To make arrangements for payment, or to |
2379 | receive further information, contact the clerk of |
2380 | court at ...(address)..., ...(telephone number).... |
2381 | |
2382 | In addition, if the legal titleholder does not reside in the |
2383 | county in which the property to be sold is located, a copy of |
2384 | such notice shall be posted in a conspicuous place on the |
2385 | property by the sheriff of the county in which the property is |
2386 | located. However, no posting of notice shall be required if the |
2387 | property to be sold is classified for assessment purposes, |
2388 | according to use classifications established by the department, |
2389 | as nonagricultural acreage or vacant land. |
2390 | (b) In addition to the notice provided in subsection (1), |
2391 | for property classified as homestead property on the most recent |
2392 | assessment roll, the sheriff of the county in which the legal |
2393 | titleholder resides shall, at least 45 days prior to the date of |
2394 | sale, provide notice that a tax certificate is outstanding on |
2395 | such homestead property to the legal titleholder of record. The |
2396 | original notice and sufficient copies shall be prepared by the |
2397 | clerk of the circuit court and provided to the sheriff. Such |
2398 | notice shall be served as provided in chapter 48. If unable to |
2399 | make service, the sheriff shall post a copy of the notice in a |
2400 | conspicuous place at the homestead property address. The return |
2401 | of service shall indicate, in addition to the details of |
2402 | service, whether the residence exists and whether the residence |
2403 | appears to be occupied. The inability of the sheriff to serve |
2404 | notice on the legal titleholder of homestead property subject to |
2405 | an outstanding tax certificate does not affect the validity of a |
2406 | tax deed issued on such property pursuant to the notice. The |
2407 | notice shall be in substantially the following form: |
2408 | |
2409 | |
2410 | There are unpaid taxes on the homestead property you |
2411 | own. Such property will be sold at public auction on |
2412 | ...(date)..., unless the back taxes are paid, |
2413 | notwithstanding its classification as homestead |
2414 | property. To make arrangements for payment or to |
2415 | receive further information, contact the clerk of the |
2416 | court immediately at ...(address)..., ...(telephone |
2417 | number).... |
2418 | (c) |
2419 | (1), the clerk shall notify by certified mail with return |
2420 | receipt requested, or by registered mail if the notice is to be |
2421 | sent outside the continental United States, the persons listed |
2422 | in the tax collector's statement pursuant to s. 197.502(4)(h) |
2423 | and to the tax deed applicant that application for a tax deed |
2424 | has been made. Such notice shall be mailed at least 20 days |
2425 | prior to the date of sale. If an |
2426 | tax collector's statement, a |
2427 | required. Enclosed with the copy of the notice shall be a |
2428 | statement in substantially the following form: |
2429 | |
2430 | |
2431 | There are unpaid taxes on property contiguous to your |
2432 | property. The property with the unpaid taxes will be |
2433 | sold at auction on ...(date)... unless the back taxes |
2434 | are paid. To make payment, or to receive further |
2435 | information about the purchase of the property, |
2436 | contact the clerk of court immediately at |
2437 | ...(address)..., ...(telephone number).... |
2438 | |
2439 | Neither the failure of the tax collector to include the list of |
2440 | contiguous property owners pursuant to s. 197.502(4)(h) in his |
2441 | or her statement to the clerk nor the failure of the clerk to |
2442 | mail this notice to any or all of the persons listed in the tax |
2443 | collector's statement pursuant to s. 197.502(4)(h) shall be a |
2444 | basis to challenge the validity of the tax deed issued pursuant |
2445 | to any notice under this section. |
2446 | (3) |
2447 | |
2448 | official, in his or her discretion from giving additional notice |
2449 | in any form concerning tax certificates and tax sales beyond the |
2450 | minimum requirements of this chapter. |
2451 | Section 54. Section 197.542, Florida Statutes, is amended |
2452 | to read: |
2453 | 197.542 Sale at public auction.- |
2454 | (1) Real property |
2455 | highest bidder as a result of an application filed under s. |
2456 | 197.502 shall be sold at public auction by the clerk of the |
2457 | circuit court, or his or her deputy, of the county where the |
2458 | property is |
2459 | the location as set forth in the published notice, which must |
2460 | |
2461 | |
2462 | |
2463 | |
2464 | redeem the tax certificate, plus the amounts paid by the holder |
2465 | to the clerk |
2466 | redemption of other tax certificates on the same property |
2467 | and all other costs to the applicant for tax deed, plus interest |
2468 | |
2469 | running from the month after the date of application for the |
2470 | deed through the month of sale and costs incurred for the |
2471 | service of notice provided for in s. 197.522(2), shall be |
2472 | |
2473 | tax certificates exist or if delinquent taxes accrued subsequent |
2474 | to the filing of the tax deed application, the amount required |
2475 | to redeem such tax certificates or pay such delinquent taxes |
2476 | shall be included in the minimum bid. However, if the land to be |
2477 | sold is assessed on the latest tax roll as homestead property, |
2478 | the bid of the certificateholder shall be increased to include |
2479 | an amount equal to one-half of the just |
2480 | homestead property as required by s. 197.502. If there are no |
2481 | higher bids, the property |
2482 | the certificateholder, who shall |
2483 | amounts included in the minimum bid, the documentary stamp tax, |
2484 | and recording fees due. Upon payment, |
2485 | |
2486 | applicant shall have the option of placing the property on the |
2487 | list of lands available for taxes in lieu of paying any |
2488 | additional sums due as a result of the increased minimum bid, |
2489 | documentary stamps, or recording fees. |
2490 | (2) |
2491 | |
2492 | property shall be struck off and sold to the highest bidder. The |
2493 | high bidder shall post with the clerk a nonrefundable |
2494 | deposit of 5 percent of the bid |
2495 | be applied to the sale price at the time of full payment. Notice |
2496 | of the |
2497 | auction site, and the clerk may require |
2498 | their willingness and ability to post the |
2499 | payment of the final bid and of documentary stamp tax and |
2500 | recording fees is not made within 24 hours, excluding weekends |
2501 | and legal holidays, the clerk shall cancel all bids, readvertise |
2502 | the sale as provided in this section, and pay all costs of the |
2503 | sale from the deposit. Any remaining funds must be applied |
2504 | toward the opening bid. The clerk may refuse to recognize the |
2505 | bid of any person who has previously bid and refused, for any |
2506 | reason, to honor such bid. |
2507 | (3) If the sale is canceled for any reason, or the buyer |
2508 | fails to make full payment within the time required, the clerk |
2509 | shall immediately readvertise the sale to be held within |
2510 | |
2511 | one advertisement is necessary. |
2512 | The amount of the opening |
2513 | increased by the cost of advertising, additional clerk's fees as |
2514 | provided for in s. 28.24(21), and interest as provided for in |
2515 | subsection (1). This process must be repeated until the property |
2516 | is sold and the clerk receives full payment or the clerk does |
2517 | not receive any bids other than the bid of the |
2518 | certificateholder. The clerk must |
2519 | before |
2520 | (4) A tax deed sale may not be canceled without the |
2521 | consent of the tax deed applicant for any reason in law or |
2522 | equity other than that the tax deed application has been |
2523 | redeemed, collection has been stayed by the filing of a |
2524 | bankruptcy petition, an error has been discovered in the |
2525 | assessment record, or an error has been demonstrated in the |
2526 | procedure or process used in processing the tax deed application |
2527 | or setting the sale. |
2528 | (5) |
2529 | lieu of public outcry. The clerk must comply with the procedures |
2530 | provided in this chapter, except that electronic proxy bidding |
2531 | shall be allowed and the clerk may require bidders to advance |
2532 | sufficient funds to pay the deposit required by subsection (2). |
2533 | The clerk shall provide access to the electronic sale by |
2534 | computer terminals open to the public at a designated location. |
2535 | A clerk who conducts such electronic sales may receive |
2536 | electronic deposits and payments related to the sale. The |
2537 | portion of an advance deposit from a winning bidder required by |
2538 | subsection (2) shall, upon acceptance of the winning bid, be |
2539 | subject to the fee under s. 28.24(10). |
2540 | (b) |
2541 | |
2542 | conduct |
2543 | county where the clerk of the circuit court does not conduct all |
2544 | electronic sales, the charter county shall be permitted to |
2545 | receive electronic deposits and payments related to sales it |
2546 | conducts, as well as to subject the winning bidder to a fee, |
2547 | consistent with the schedule in s. 28.24(10). |
2548 | (c) The costs of electronic tax deed sales shall be added |
2549 | to the charges for the costs of sale under subsection (1) and |
2550 | paid by the certificateholder when filing an application for a |
2551 | tax deed. |
2552 | Section 55. Section 197.552, Florida Statutes, is amended |
2553 | to read: |
2554 | 197.552 Tax deeds.- |
2555 | (1) All tax deeds shall be issued in the name of a county |
2556 | and must |
2557 | shall be witnessed by two witnesses, the official seal shall be |
2558 | attached |
2559 | as other deeds. The charges by the clerk shall be as provided in |
2560 | s. 28.24. Tax deeds issued to a purchaser of property for |
2561 | delinquent taxes must be in the form prescribed by the |
2562 | department. All deeds issued pursuant to this section are prima |
2563 | facie evidence of the regularity of all proceedings from the |
2564 | valuation of the property to the issuance of the deed, |
2565 | inclusive. |
2566 | (2)(a) Except as specifically provided in this chapter, a |
2567 | |
2568 | |
2569 | (b)1. Liens that survive the issuance of a tax deed |
2570 | include |
2571 | county governmental unit or |
2572 | development district. These surviving liens include tax |
2573 | certificates that were not incorporated in the tax deed |
2574 | application, if |
2575 | |
2576 | |
2577 | 2. A code enforcement lien survives only as to the amount |
2578 | expended by the governmental entity to correct the code |
2579 | deficiency and the amount of the surviving lien may not include |
2580 | interest, penalties, fines, or attorney's fees. |
2581 | (3) A lien surviving the issuance of a tax deed may not |
2582 | provide a basis to foreclose against the interest of the tax |
2583 | deed owner unless the owner is reimbursed for the price of |
2584 | acquiring the tax deed, including recording fees and documentary |
2585 | stamps, by the holder of the surviving lien or at the time of a |
2586 | foreclosure sale. If a foreclosure sale results in insufficient |
2587 | funds to satisfy a surviving lien and reimburse the tax deed |
2588 | owner, the proceeds of the foreclosure sale shall be distributed |
2589 | pro rata in recognition of the equal dignity of lien and the tax |
2590 | deed. |
2591 | |
2592 | |
2593 | |
2594 | |
2595 | |
2596 | Section 56. Subsection (2) of section 197.582, Florida |
2597 | Statutes, is amended to read: |
2598 | 197.582 Disbursement of proceeds of sale.- |
2599 | (2) If the property is purchased for an amount in excess |
2600 | of the statutory bid of the certificateholder, the excess shall |
2601 | be paid over and disbursed by the clerk. If the property |
2602 | purchased is homestead property and the statutory bid includes |
2603 | an amount equal to at least one-half of the just |
2604 | of the homestead, that amount shall be treated as excess and |
2605 | distributed in the same manner. The clerk shall distribute the |
2606 | excess to the governmental units for the payment of any lien of |
2607 | record held by a governmental unit against the property, |
2608 | including any tax certificates not incorporated in the tax deed |
2609 | application and omitted taxes, if any. If |
2610 | excess is not sufficient to pay all of such liens in full, the |
2611 | excess shall |
2612 | If, after all liens |
2613 | |
2614 | undistributed funds, the balance |
2615 | retained by the clerk for the benefit of |
2616 | in s. 197.522(1)(a), except those persons described in s. |
2617 | 197.502(4)(h), as their interests may appear. The clerk shall |
2618 | mail notices to such persons notifying them of the funds held |
2619 | for their benefit. Any service charges, at the |
2620 | prescribed in s. 28.24(10), and costs of mailing notices shall |
2621 | be paid out of the excess balance held by the clerk. Excess |
2622 | proceeds shall be held and disbursed in the same manner as |
2623 | unclaimed redemption moneys in s. 197.473. If |
2624 | excess proceeds are not sufficient to cover the service charges |
2625 | and mailing costs, the clerk shall receive the total amount of |
2626 | excess proceeds as a service charge. |
2627 | Section 57. Section 197.602, Florida Statutes, is amended |
2628 | to read: |
2629 | 197.602 Reimbursement required in challenges to the |
2630 | validity of a tax deed |
2631 | |
2632 | (1) If a party successfully challenges the validity of a |
2633 | tax deed in an action at law or equity, but the taxes for which |
2634 | the tax deed was sold were not paid before the tax deed was |
2635 | issued, the party shall pay to the party against whom the |
2636 | judgment or decree is entered: |
2637 | (a) The amount paid for the tax deed and all taxes paid |
2638 | upon the land, together with 12 percent interest thereon per |
2639 | year from the date of the issuance of the tax deed; |
2640 | (b) All legal expenses in obtaining the tax deed, |
2641 | including publication of notice and clerk's fees for issuing and |
2642 | recording the tax deed; and |
2643 | (c) The fair cash value of all maintenance and permanent |
2644 | improvements made upon the land by the holders under the tax |
2645 | deed. |
2646 | |
2647 | |
2648 | |
2649 | |
2650 | |
2651 | |
2652 | |
2653 | |
2654 | |
2655 | |
2656 | |
2657 | |
2658 | |
2659 | |
2660 | (2) In an action to challenge the validity of a tax deed, |
2661 | the prevailing party is entitled to all reasonable litigation |
2662 | expenses including attorney's fees. |
2663 | (3) The court shall determine the amount of the expenses |
2664 | for which a party shall be reimbursed. |
2665 | |
2666 | |
2667 | tax deed has |
2668 | for the payment of the expenses that must be reimbursed to such |
2669 | persons |
2670 | Section 58. Section 192.0105, Florida Statutes, is amended |
2671 | to read |
2672 | 192.0105 Taxpayer rights.-There is created a Florida |
2673 | Taxpayer's Bill of Rights for property taxes and assessments to |
2674 | guarantee that the rights, privacy, and property of the |
2675 | taxpayers of this state are adequately safeguarded and protected |
2676 | during tax levy, assessment, collection, and enforcement |
2677 | processes administered under the revenue laws of this state. The |
2678 | Taxpayer's Bill of Rights compiles, in one document, brief but |
2679 | comprehensive statements that summarize the rights and |
2680 | obligations of the property appraisers, tax collectors, clerks |
2681 | of the court, local governing boards, the Department of Revenue, |
2682 | and taxpayers. Additional rights afforded to payors of taxes and |
2683 | assessments imposed under the revenue laws of this state are |
2684 | provided in s. 213.015. The rights afforded taxpayers to assure |
2685 | that their privacy and property are safeguarded and protected |
2686 | during tax levy, assessment, and collection are available only |
2687 | insofar as they are implemented in other parts of the Florida |
2688 | Statutes or rules of the Department of Revenue. The rights so |
2689 | guaranteed to state taxpayers in the Florida Statutes and the |
2690 | departmental rules include: |
2691 | (1) THE RIGHT TO KNOW.- |
2692 | (a) The right to be sent a |
2693 | property taxes and proposed or adopted non-ad valorem |
2694 | assessments (see ss. 194.011(1), 200.065(2)(b) and (d) and |
2695 | (13)(a), and 200.069). The notice must also inform the taxpayer |
2696 | that the final tax bill may contain additional non-ad valorem |
2697 | assessments (see s. 200.069(10)). |
2698 | (b) The right to notification of a public hearing on each |
2699 | taxing authority's tentative budget and proposed millage rate |
2700 | and advertisement of a public hearing to finalize the budget and |
2701 | adopt a millage rate (see s. 200.065(2)(c) and (d)). |
2702 | (c) The right to advertised notice of the amount by which |
2703 | the tentatively adopted millage rate results in taxes that |
2704 | exceed the previous year's taxes (see s. 200.065(2)(d) and (3)). |
2705 | The right to notification |
2706 | the amount of the taxes to be levied from the proposed millage |
2707 | rate under the tentative budget change, compared to the previous |
2708 | year's taxes, and also compared to the taxes that would be |
2709 | levied if no budget change is made (see ss. 200.065(2)(b) and |
2710 | 200.069(2), (3), (4), and (8)). |
2711 | (d) The right that the adopted millage rate will not |
2712 | exceed the tentatively adopted millage rate. If the tentative |
2713 | rate exceeds the proposed rate, each taxpayer shall be mailed |
2714 | notice comparing his or her taxes under the tentatively adopted |
2715 | millage rate to the taxes under the previously proposed rate, |
2716 | before a hearing to finalize the budget and adopt millage (see |
2717 | s. 200.065(2)(d)). |
2718 | (e) The right to be sent notice by first-class mail of a |
2719 | non-ad valorem assessment hearing at least 20 days before the |
2720 | hearing with pertinent information, including the total amount |
2721 | to be levied against each parcel. All affected property owners |
2722 | have the right to appear at the hearing and to file written |
2723 | objections with the local governing board (see s. 197.3632(4)(b) |
2724 | and (c) and (10)(b)2.b.). |
2725 | (f) The right of an exemption recipient to be sent a |
2726 | renewal application for that exemption, the right to a receipt |
2727 | for homestead exemption claim when filed, and the right to |
2728 | notice of denial of the exemption (see ss. 196.011(6), |
2729 | 196.131(1), 196.151, and 196.193(1)(c) and (5)). |
2730 | (g) The right, on property determined not to have been |
2731 | entitled to homestead exemption in a prior year, to notice of |
2732 | intent from the property appraiser to record notice of tax lien |
2733 | and the right to pay tax, penalty, and interest before a tax |
2734 | lien is recorded for any prior year (see s. 196.161(1)(b)). |
2735 | (h) The right to be informed during the tax collection |
2736 | process, including: notice of tax due; notice of back taxes; |
2737 | notice of late taxes and assessments and consequences of |
2738 | nonpayment; opportunity to pay estimated taxes and non-ad |
2739 | valorem assessments when the tax roll will not be certified in |
2740 | time; notice when interest begins to accrue on delinquent |
2741 | provisional taxes; notice of the right to prepay estimated taxes |
2742 | by installment; a statement of the taxpayer's estimated tax |
2743 | liability for use in making installment payments; and notice of |
2744 | right to defer taxes and non-ad valorem assessments on homestead |
2745 | property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c), |
2746 | 197.222(3) and (5), 197.2301(3), 197.3632(8)(a), |
2747 | 193.1145(10)(a), and 197.254(1)). However, a taxpayer is deemed |
2748 | to have waived the right to know if the taxpayer fails to |
2749 | provide current contact information to the county property |
2750 | appraiser and tax collector. |
2751 | (i) The right to an advertisement in a newspaper listing |
2752 | names of taxpayers who are delinquent in paying tangible |
2753 | personal property taxes, with amounts due, and giving notice |
2754 | that interest is accruing at 18 percent and that, unless taxes |
2755 | are paid, warrants will be issued, prior to petition made with |
2756 | the circuit court for an order to seize and sell property (see |
2757 | s. 197.402(2)). |
2758 | (j) The right to be sent a |
2759 | has been filed with the court for an order to seize and sell |
2760 | property and the right to be mailed notice, and to be served |
2761 | notice by the sheriff, before the date of sale, that application |
2762 | for tax deed has been made and property will be sold unless back |
2763 | taxes are paid (see ss. 197.413(5), 197.502(4)(a), and |
2764 | 197.522(1)(a) and (2)). |
2765 | (k) The right to have certain taxes and special |
2766 | assessments levied by special districts individually stated on |
2767 | the "Notice of Proposed Property Taxes and Proposed or Adopted |
2768 | Non-Ad Valorem Assessments" (see s. 200.069). |
2769 | |
2770 | Notwithstanding the right to information contained in this |
2771 | subsection, under s. 197.122 property owners are held to know |
2772 | that property taxes are due and payable annually and charges |
2773 | property owners with a duty to ascertain the amount of current |
2774 | and delinquent taxes to obtain the necessary information from |
2775 | the applicable governmental officials. |
2776 | (2) THE RIGHT TO DUE PROCESS.- |
2777 | (a) The right to an informal conference with the property |
2778 | appraiser to present facts the taxpayer considers to support |
2779 | changing the assessment and to have the property appraiser |
2780 | present facts supportive of the assessment upon proper request |
2781 | of any taxpayer who objects to the assessment placed on his or |
2782 | her property (see s. 194.011(2)). |
2783 | (b) The right to petition the value adjustment board over |
2784 | objections to assessments, denial of exemption, denial of |
2785 | agricultural classification, denial of historic classification, |
2786 | denial of high-water recharge classification, disapproval of tax |
2787 | deferral, and any penalties on deferred taxes imposed for |
2788 | incorrect information willfully filed. Payment of estimated |
2789 | taxes does not preclude the right of the taxpayer to challenge |
2790 | his or her assessment (see ss. 194.011(3), 196.011(6) and |
2791 | (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7), |
2792 | 193.625(2), 197.2425 |
2793 | (c) The right to file a petition for exemption or |
2794 | agricultural classification with the value adjustment board when |
2795 | an application deadline is missed, upon demonstration of |
2796 | particular extenuating circumstances for filing late (see ss. |
2797 | 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)). |
2798 | (d) The right to prior notice of the value adjustment |
2799 | board's hearing date and the right to the hearing within 4 hours |
2800 | of scheduled time (see s. 194.032(2)). |
2801 | (e) The right to notice of date of certification of tax |
2802 | rolls and receipt of property record card if requested (see ss. |
2803 | 193.122(2) and (3) and 194.032(2)). |
2804 | (f) The right, in value adjustment board proceedings, to |
2805 | have all evidence presented and considered at a public hearing |
2806 | at the scheduled time, to be represented by an attorney or |
2807 | agent, to have witnesses sworn and cross-examined, and to |
2808 | examine property appraisers or evaluators employed by the board |
2809 | who present testimony (see ss. 194.034(1)(a) and (c) and (4), |
2810 | and 194.035(2)). |
2811 | (g) The right to be sent |
2812 | by the value adjustment board containing findings of fact and |
2813 | conclusions of law and reasons for upholding or overturning the |
2814 | determination of the property appraiser, and the right to |
2815 | advertised notice of all board actions, including appropriate |
2816 | narrative and column descriptions, in brief and nontechnical |
2817 | language (see ss. 194.034(2) and 194.037(3)). |
2818 | (h) The right at a public hearing on non-ad valorem |
2819 | assessments or municipal special assessments to provide written |
2820 | objections and to provide testimony to the local governing board |
2821 | (see ss. 197.3632(4)(c) and 170.08). |
2822 | (i) The right to bring action in circuit court to contest |
2823 | a tax assessment or appeal value adjustment board decisions to |
2824 | disapprove exemption or deny tax deferral (see ss. 194.036(1)(c) |
2825 | and (2), 194.171, 196.151, and 197.2425 |
2826 | (3) THE RIGHT TO REDRESS.- |
2827 | (a) The right to discounts for early payment on all taxes |
2828 | and non-ad valorem assessments collected by the tax collector, |
2829 | except for partial payments as defined in s. 197.374, the right |
2830 | to pay installment payments with discounts, and the right to pay |
2831 | delinquent personal property taxes under a |
2832 | payment program when implemented by the county tax collector |
2833 | (see ss. 197.162, 197.3632(8) and (10)(b)3., 197.222(1), and |
2834 | 197.4155). |
2835 | (b) The right, upon filing a challenge in circuit court |
2836 | and paying taxes admitted in good faith to be owing, to be |
2837 | issued a receipt and have suspended all procedures for the |
2838 | collection of taxes until the final disposition of the action |
2839 | (see s. 194.171(3)). |
2840 | (c) The right to have penalties reduced or waived upon a |
2841 | showing of good cause when a return is not intentionally filed |
2842 | late, and the right to pay interest at a reduced rate if the |
2843 | court finds that the amount of tax owed by the taxpayer is |
2844 | greater than the amount the taxpayer has in good faith admitted |
2845 | and paid (see ss. 193.072(4) and 194.192(2)). |
2846 | (d) The right to a refund when overpayment of taxes has |
2847 | been made under specified circumstances (see ss. 193.1145(8)(e) |
2848 | and 197.182(1)). |
2849 | (e) The right to an extension to file a tangible personal |
2850 | property tax return upon making proper and timely request (see |
2851 | s. 193.063). |
2852 | (f) The right to redeem real property and redeem tax |
2853 | certificates at any time before full payment for a tax deed is |
2854 | made to the clerk of the court, including documentary stamps and |
2855 | recording fees |
2856 | canceled if sold where taxes had been paid or if other error |
2857 | makes it void or correctable. Property owners have the right to |
2858 | be free from contact by a certificateholder for 2 years after |
2859 | April 1 of the year the tax certificate is issued (see ss. |
2860 | 197.432(13) and (14) |
2861 | 197.472(1) and (7)). |
2862 | (g) The right of the taxpayer, property appraiser, tax |
2863 | collector, or the department, as the prevailing party in a |
2864 | judicial or administrative action brought or maintained without |
2865 | the support of justiciable issues of fact or law, to recover all |
2866 | costs of the administrative or judicial action, including |
2867 | reasonable attorney's fees, and of the department and the |
2868 | taxpayer to settle such claims through negotiations (see ss. |
2869 | 57.105 and 57.111). |
2870 | (4) THE RIGHT TO CONFIDENTIALITY.- |
2871 | (a) The right to have information kept confidential, |
2872 | including federal tax information, ad valorem tax returns, |
2873 | social security numbers, all financial records produced by the |
2874 | taxpayer, Form DR-219 returns for documentary stamp tax |
2875 | information, and sworn statements of gross income, copies of |
2876 | federal income tax returns for the prior year, wage and earnings |
2877 | statements (W-2 forms), and other documents (see ss. 192.105, |
2878 | 193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)). |
2879 | (b) The right to limiting access to a taxpayer's records |
2880 | by a property appraiser, the Department of Revenue, and the |
2881 | Auditor General only to those instances in which it is |
2882 | determined that such records are necessary to determine either |
2883 | the classification or the value of taxable nonhomestead property |
2884 | (see s. 195.027(3)). |
2885 | Section 59. Paragraph (d) of subsection (3) of section |
2886 | 194.011, Florida Statutes, is amended to read: |
2887 | 194.011 Assessment notice; objections to assessments.- |
2888 | (3) A petition to the value adjustment board must be in |
2889 | substantially the form prescribed by the department. |
2890 | Notwithstanding s. 195.022, a county officer may not refuse to |
2891 | accept a form provided by the department for this purpose if the |
2892 | taxpayer chooses to use it. A petition to the value adjustment |
2893 | board shall describe the property by parcel number and shall be |
2894 | filed as follows: |
2895 | (d) The petition may be filed, as to valuation issues, at |
2896 | any time during the taxable year on or before the 25th day |
2897 | following the mailing of notice by the property appraiser as |
2898 | provided in subsection (1). With respect to an issue involving |
2899 | the denial of an exemption, an agricultural or high-water |
2900 | recharge classification application, an application for |
2901 | classification as historic property used for commercial or |
2902 | certain nonprofit purposes, or a deferral, the petition must be |
2903 | filed at any time during the taxable year on or before the 30th |
2904 | day following the mailing of the notice by the property |
2905 | appraiser under s. 193.461, s. 193.503, s. 193.625, or s. |
2906 | 196.193 or notice by the tax collector under s. 197.2425 |
2907 | |
2908 | Section 60. Subsection (1) of section 194.013, Florida |
2909 | Statutes, is amended to read: |
2910 | 194.013 Filing fees for petitions; disposition; waiver.- |
2911 | (1) If so required by resolution of the value adjustment |
2912 | board, a petition filed pursuant to s. 194.011 shall be |
2913 | accompanied by a filing fee to be paid to the clerk of the value |
2914 | adjustment board in an amount determined by the board not to |
2915 | exceed $15 for each separate parcel of property, real or |
2916 | personal, covered by the petition and subject to appeal. |
2917 | However, no such filing fee may be required with respect to an |
2918 | appeal from the disapproval of homestead exemption under s. |
2919 | 196.151 or from the denial of tax deferral under s. 197.2425 |
2920 | |
2921 | section as to any particular parcel of property despite the |
2922 | existence of multiple issues and hearings pertaining to such |
2923 | parcel. For joint petitions filed pursuant to s. 194.011(3)(e) |
2924 | or (f), a single filing fee shall be charged. Such fee shall be |
2925 | calculated as the cost of the special magistrate for the time |
2926 | involved in hearing the joint petition and shall not exceed $5 |
2927 | per parcel. Said fee is to be proportionately paid by affected |
2928 | parcel owners. |
2929 | Section 61. Subsection (12) of section 196.011, Florida |
2930 | Statutes, is amended to read: |
2931 | 196.011 Annual application required for exemption.- |
2932 | (12) Notwithstanding subsection (1), if |
2933 | property otherwise entitled to a religious exemption from ad |
2934 | valorem taxation fails to timely file an application for |
2935 | exemption, and because of a misidentification of property |
2936 | ownership on the property tax roll the owner is not properly |
2937 | notified of the tax obligation by the property appraiser and the |
2938 | tax collector, the owner of the property may file an application |
2939 | for exemption with the property appraiser. The property |
2940 | appraiser must consider the application, and if he or she |
2941 | determines the owner of the property would have been entitled to |
2942 | the exemption had the property owner timely applied, the |
2943 | property appraiser must grant the exemption. Any taxes assessed |
2944 | on such property shall be canceled, and if paid, refunded. Any |
2945 | tax certificates outstanding on such property shall be canceled |
2946 | and refund made pursuant to s. 197.432(11) |
2947 | Section 62. Section 197.603, Florida Statutes, is created |
2948 | to read: |
2949 | 197.603 Declaration of legislative findings and intent.- |
2950 | The Legislature finds that the state has a strong interest in |
2951 | ensuring due process and public confidence in a uniform, fair, |
2952 | efficient, and accountable collection of property taxes by |
2953 | county tax collectors. Therefore, tax collectors shall be |
2954 | supervised by the Department of Revenue pursuant to s. |
2955 | 195.002(1). Moreover, the Legislature intends that the property |
2956 | tax collection authorized by this chapter under s. 9(a), Art. |
2957 | VII of the State Constitution be free from the influence or the |
2958 | appearance of influence of the local governments who levy |
2959 | property taxes and receive property tax revenues. |
2960 | Section 63. Sections 197.202, 197.242, 197.304, 197.3041, |
2961 | 197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047, |
2962 | 197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076, |
2963 | 197.3077, 197.3078, and 197.3079, Florida Statutes, are |
2964 | repealed. |
2965 | Section 64. This act shall take effect July 1, 2010. |
CODING: Words |