Bill Text: FL S0406 | 2015 | Regular Session | Introduced

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Bill Title: Sales of Tax Certificates for Unpaid Taxes

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Community Affairs [S0406 Detail]

Download: Florida-2015-S0406-Introduced.html

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       Florida Senate - 2015                                     SB 406
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00595-15                                            2015406__
    1                        A bill to be entitled                      
    2         An act relating to sales of tax certificates for
    3         unpaid taxes; amending s. 197.432, F.S.; prohibiting a
    4         bidder from placing multiple bids during the sale of
    5         certain tax certificates by a tax collector; providing
    6         penalties; reenacting ss. 190.024 and 197.263(5),
    7         F.S., relating to tax liens and a change in ownership
    8         or use of property, respectively, to incorporate the
    9         amendment made to s. 197.432, F.S., in references
   10         thereto; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) of section 197.432, Florida
   15  Statutes, is amended to read:
   16         197.432 Sale of tax certificates for unpaid taxes.—
   17         (6) Each certificate shall be awarded to the person who
   18  will pay the taxes, interest, costs, and charges and will demand
   19  the lowest rate of interest, not in excess of the maximum rate
   20  of interest allowed by this chapter. The tax collector shall
   21  accept bids in even increments and in fractional interest rate
   22  bids of one-quarter of 1 percent only. An individual bidder or
   23  corporate bidder shall submit only one bid for each certificate
   24  and may not use multiple federal employer identification numbers
   25  to submit multiple bids. A bidder who violates this protocol
   26  shall be barred from bidding in any county tax certificate sales
   27  for 2 consecutive years following identification and
   28  verification of the bidding violation. If multiple bidders offer
   29  the same lowest rate of interest, the tax collector shall
   30  determine the method of selecting the bidder to whom the
   31  certificate will be awarded. Acceptable methods include the bid
   32  received first or use of a random-number generator. If a
   33  certificate is not purchased, the certificate shall be struck to
   34  the county at the maximum rate of interest allowed by this
   35  chapter.
   36         Section 2. For the purpose of incorporating the amendment
   37  made by this act to section 197.432, Florida Statutes, in a
   38  reference thereto, section 190.024, Florida Statutes, is
   39  reenacted to read:
   40         190.024 Tax liens.—All taxes of the district provided for
   41  in this act, together with all penalties for default in the
   42  payment of the same and all costs in collecting the same,
   43  including a reasonable attorney’s fee fixed by the court and
   44  taxed as a cost in the action brought to enforce payment, shall,
   45  from January 1 for each year the property is liable to
   46  assessment and until paid, constitute a lien of equal dignity
   47  with the liens for state and county taxes and other taxes of
   48  equal dignity with state and county taxes upon all the lands
   49  against which such taxes shall be levied. A sale of any of the
   50  real property within the district for state and county or other
   51  taxes shall not operate to relieve or release the property so
   52  sold from the lien for subsequent district taxes or installments
   53  of district taxes, which lien may be enforced against such
   54  property as though no such sale thereof had been made. The
   55  provisions of ss. 194.171, 197.122, 197.333, and 197.432 shall
   56  be applicable to district taxes with the same force and effect
   57  as if such provisions were expressly set forth in this act.
   58         Section 3. For the purpose of incorporating the amendment
   59  made by this act to section 197.432, Florida Statutes, in a
   60  reference thereto, subsection (5) of section 197.263, Florida
   61  Statutes, is reenacted to read:
   62         197.263 Change in ownership or use of property.—
   63         (5) If deferred taxes, interest, and assessments become
   64  delinquent, the tax collector shall sell a tax certificate for
   65  the delinquent taxes, interest, and assessments in the manner
   66  provided by s. 197.432.
   67         Section 4. This act shall take effect July 1, 2015.