Florida Senate - 2009                             CS for SB 2190
       
       
       
       By the Committee on Community Affairs; and Senator Altman
       
       
       
       
       578-04358B-09                                         20092190c1
    1                        A bill to be entitled                      
    2         An act relating to tax collections, sales, and liens;
    3         amending ss. 197.102, 197.122, 197.123, 197.162,
    4         197.172, 197.182, 197.222, 197.2301, 197.322, 197.332,
    5         197.343, 197.344, 197.3635, 197.373, 197.402, 197.403,
    6         197.413, 197.414, 197.4155, 197.416, 197.417, 197.432,
    7         197.4325, 197.442, 197.443, 197.462, 197.472, 197.473,
    8         197.482, 197.492, 197.552, and 197.582, F.S.;
    9         revising, updating, and consolidating provisions of
   10         ch. 197, F.S., relating to definitions, tax
   11         collectors, lien of taxes, returns and assessments,
   12         unpaid or omitted taxes, discounts, interest rates,
   13         Department of Revenue responsibilities, tax bills,
   14         judicial sales, prepayment of taxes, assessment rolls,
   15         duties of tax collectors, tax notices, delinquent
   16         taxes, lienholders, special assessments, non-ad
   17         valorem assessments, tax payments, distribution of
   18         taxes, advertisements of property with delinquent
   19         taxes, attachment, delinquent personal property taxes,
   20         sales of property, tax certificates, tax deeds, and
   21         tax sales; amending s. 197.502, F.S.; revising
   22         provisions relating to applications for tax deeds;
   23         providing notice requirements; providing payment
   24         requirements; authorizing the tax collector to charge
   25         a fee to cover the costs to the tax collector for
   26         electronic tax deed programs or services; authorizing
   27         the tax collector to charge the county a fee for tax
   28         deed applications; deleting opening bid requirements
   29         for the sale of tax deeds on homestead property when
   30         the applicant is holder of a tax sale certificate;
   31         amending s. 197.542, F.S.; deleting bid requirements
   32         relating to the purchase of homestead property at
   33         public auction; amending s. 197.522, F.S., providing
   34         notice requirements for the sale of homestead property
   35         due to nonpayment of taxes; creating s. 197.146, F.S.;
   36         authorizing tax collectors to issue certificates of
   37         correction to tax rolls and outstanding delinquent
   38         taxes for uncollectable personal property accounts;
   39         requiring the tax collector to notify the property
   40         appraiser; providing construction; creating ss.
   41         197.2421 and 197.2423, F.S., renumbering and amending
   42         ss. 197.253, 197.303, and 197.3071, F.S., and amending
   43         ss. 197.243, 197.252, 197.254, 197.262, 197.263,
   44         197.272, 197.282, 197.292, 197.301, and 197.312, F.S.;
   45         revising, updating, and consolidating provisions of
   46         ch. 197, F.S., relating to deferral of tax payments
   47         for real property, homestead property, recreational
   48         and commercial working waterfront property, and
   49         affordable rental property; creating s. 197.4725,
   50         F.S.; providing authorization and requirements for
   51         purchase of county-held tax certificates; specifying
   52         required amounts to be paid; providing for fees;
   53         providing for electronic services; amending s.
   54         192.0105, F.S.; providing conditions under which a
   55         taxpayer is deemed to have waived a right to know;
   56         clarifying a taxpayer’s right to redeem real property
   57         and tax certificates; clarifying that a property owner
   58         may not be contacted by the holder of a tax sale
   59         certificate for 2 years from the date the certificate
   60         is issued; providing that s. 197.122, F.S., applies in
   61         certain circumstances; providing for the obligation of
   62         the property owner to obtain certain information;
   63         correcting cross-references; amending ss. 194.011,
   64         194.013, and 196.011, F.S.; correcting cross
   65         references; creating s. 197.603, F.S.; providing
   66         legislative intent; repealing s. 197.202, F.S.,
   67         relating to destruction of 20-year-old tax receipts;
   68         repealing s. 197.242, F.S., relating to a short title;
   69         repealing ss. 197.304, 197.3041, 197.3042, 197.3043,
   70         197.3044, 197.3045, 197.3046, 197.3047, 197.307,
   71         197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
   72         197.3077, 197.3078, and 197.3079, F.S., relating to
   73         deferrals of tax payments; providing an effective
   74         date.
   75  
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 197.102, Florida Statutes, is amended to
   79  read:
   80         197.102 Definitions.—As used in this chapter, the following
   81  definitions apply, unless the context clearly requires
   82  otherwise:
   83         (1)“Awarded” means the time when the tax collector or a
   84  designee determines and announces verbally or through the
   85  closing of the bid process in an electronic auction that a buyer
   86  has placed the winning bid at a tax certificate sale.
   87         (2)(1) “Department,” unless otherwise specified, means the
   88  Department of Revenue.
   89         (3)(2) “Omitted taxes” means those taxes which have not
   90  been extended on the tax roll against a parcel of property after
   91  the property has been placed upon the list of lands available
   92  for taxes pursuant to s. 197.502.
   93         (4) “Proxy bidding” means a method of bidding by which a
   94  bidder authorizes an agent, whether an individual or an
   95  electronic agent, to place bids on his or her behalf.
   96         (5) “Random number generator” means a computational device
   97  designed to generate a sequence of numbers that lack any pattern
   98  and is used to resolve a tie when multiple bidders have bid the
   99  same lowest amount by assigning a number to each of the tied
  100  bidders and randomly determining which one of those numbers is
  101  the winner.
  102         (6)(3) “Tax certificate” means a paper or electronic legal
  103  document, representing unpaid delinquent real property taxes,
  104  non-ad valorem assessments, including special assessments,
  105  interest, and related costs and charges, issued in accordance
  106  with this chapter against a specific parcel of real property and
  107  becoming a first lien thereon, superior to all other liens,
  108  except as provided by s. 197.573(2).
  109         (7)(4) “Tax notice” means the paper or electronic tax bill
  110  sent to taxpayers for payment of any taxes or special
  111  assessments collected pursuant to this chapter, or the bill sent
  112  to taxpayers for payment of the total of ad valorem taxes and
  113  non-ad valorem assessments collected pursuant to s. 197.3632.
  114         (8)(5) “Tax receipt” means the paid tax notice.
  115         (9)(6) “Tax rolls” and “assessment rolls” are synonymous
  116  and mean the rolls prepared by the property appraiser pursuant
  117  to chapter 193 and certified pursuant to s. 193.122.
  118         (10)(7)However, when a local government uses the method
  119  set forth in s. 197.3632, the following definitions shall apply:
  120         (a) “Ad valorem tax roll” means the roll prepared by the
  121  property appraiser and certified to the tax collector for
  122  collection.
  123         (b) “Non-ad valorem assessment roll” means a roll prepared
  124  by a local government and certified to the tax collector for
  125  collection.
  126         Section 2. Section 197.122, Florida Statutes, is amended to
  127  read:
  128         197.122 Lien of taxes; dates; application.—
  129         (1) All taxes imposed pursuant to the State Constitution
  130  and laws of this state shall be a first lien, superior to all
  131  other liens, on any property against which the taxes have been
  132  assessed and shall continue in full force from January 1 of the
  133  year the taxes were levied until discharged by payment or until
  134  barred under chapter 95. If All personal property tax liens, to
  135  the extent that the property to which the lien applies cannot be
  136  located in the county or to the extent that the sale of the
  137  property is insufficient to pay all delinquent taxes, interest,
  138  fees, and costs due, a personal property tax lien shall apply be
  139  liens against all other personal property of the taxpayer in the
  140  county. However, a lien such liens against other personal
  141  property does shall not apply against such property that which
  142  has been sold, and is such liens against other personal property
  143  shall be subordinate to any valid prior or subsequent liens
  144  against such other property. An No act of omission or commission
  145  on the part of a any property appraiser, tax collector, board of
  146  county commissioners, clerk of the circuit court, or county
  147  comptroller, or their deputies or assistants, or newspaper in
  148  which an any advertisement of sale may be published does not
  149  shall operate to defeat the payment of taxes, interest, fees,
  150  and costs due and; but any acts of omission or commission may be
  151  corrected at any time by the officer or party responsible for
  152  them in the same like manner as provided by law for performing
  153  acts in the first place., and When so corrected, they shall be
  154  considered construed as valid ab initio and do not shall in no
  155  way affect any process by law for the enforcement of the
  156  collection of the any tax. All owners of property are shall be
  157  held to know that taxes are due and payable annually and are
  158  responsible for charged with the duty of ascertaining the amount
  159  of current and delinquent taxes and paying them before April 1
  160  of the year following the year in which taxes are assessed. No
  161  sale or conveyance of real or personal property for nonpayment
  162  of taxes shall be held invalid except upon proof that:
  163         (a) The property was not subject to taxation;
  164         (b) The taxes were had been paid before the sale of
  165  personal property; or
  166         (c) The real property was had been redeemed before receipt
  167  by the clerk of the court of full payment for the execution and
  168  delivery of a deed based upon a certificate issued for
  169  nonpayment of taxes, including all recording fees and
  170  documentary stamps.
  171         (2) A lien created through the sale of a tax certificate
  172  may not be foreclosed or enforced in any manner except as
  173  prescribed in this chapter.
  174         (3) A property appraiser shall may also correct a material
  175  mistake of fact relating to an essential condition of the
  176  subject property to reduce an assessment that if to do so
  177  requires only the exercise of judgment as to the effect of the
  178  mistake of fact on the assessed or taxable value of that mistake
  179  of fact.
  180         (a) As used in this subsection, the term “an essential
  181  condition of the subject property” means a characteristic of the
  182  subject parcel, including only:
  183         1. Environmental restrictions, zoning restrictions, or
  184  restrictions on permissible use;
  185         2. Acreage;
  186         3. Wetlands or other environmental lands that are or have
  187  been restricted in use because of such environmental features;
  188         4. Access to usable land;
  189         5. Any characteristic of the subject parcel which
  190  characteristic, in the property appraiser’s opinion, caused the
  191  appraisal to be clearly erroneous; or
  192         6. Depreciation of the property that was based on a latent
  193  defect of the property which existed but was not readily
  194  discernible by inspection on January 1, but not depreciation
  195  resulting from any other cause.
  196         (b) The material mistake of fact must may be corrected by
  197  the property appraiser, in the same like manner as provided by
  198  law for performing the act in the first place, only within 1
  199  year after the approval of the tax roll pursuant to s. 193.1142,
  200  and, if when so corrected, the act becomes valid ab initio and
  201  does not affect in no way affects any process by law for the
  202  enforcement of the collection of the any tax. If the such a
  203  correction results in a refund of taxes paid on the basis of an
  204  erroneous assessment included contained on the current year’s
  205  tax roll for years beginning January 1, 1999, or later, the
  206  property appraiser, at his or her option, may request that the
  207  department to pass upon the refund request pursuant to s.
  208  197.182 or may submit the correction and refund order directly
  209  to the tax collector for action in accordance with the notice
  210  provisions of s. 197.182(2). Corrections to tax rolls for prior
  211  years which would result in refunds must be made pursuant to s.
  212  197.182.
  213         Section 3. Section 197.123, Florida Statutes, is amended to
  214  read:
  215         197.123 Correcting Erroneous returns; notification of
  216  property appraiser.—If a any tax collector has reason to believe
  217  that a any taxpayer has filed an erroneous or incomplete
  218  statement of her or his personal property or has not disclosed
  219  returned the full amount of all of her or his property subject
  220  to taxation, the collector shall notify the property appraiser
  221  of the erroneous or incomplete statement.
  222         Section 4. Section 197.146, Florida Statutes, is created to
  223  read:
  224         197.146 Uncollectable personal property taxes; correction
  225  of tax roll.—A tax collector who determines that a tangible
  226  personal property account is uncollectable may issue a
  227  certificate of correction for the current tax roll and any
  228  outstanding delinquent taxes. The tax collector shall notify the
  229  property appraiser that the account is invalid, and the
  230  assessment shall not be certified for a future tax roll. An
  231  uncollectable account includes, but is not limited to, an
  232  account on property that was originally assessed but cannot be
  233  found to seize and sell for the payment of taxes and includes
  234  other personal property of the owner as authorized by s.
  235  197.413(8) and (9).
  236         Section 5. Section 197.162, Florida Statutes, is amended to
  237  read:
  238         197.162 Tax discount payment periods Discounts; amount and
  239  time.—
  240         (1) For On all taxes assessed on the county tax rolls and
  241  collected by the county tax collector, discounts for payments
  242  made prior to delinquency early payment thereof shall be at the
  243  rate of 4 percent in the month of November or at any time within
  244  30 days after the mailing of the original tax notice; 3 percent
  245  in the following month of December; 2 percent in the following
  246  month of January; 1 percent in the following month of February;
  247  and zero percent in the following month of March or within 30
  248  days prior to the date of delinquency if the date of delinquency
  249  is after April 1.
  250         (2) If When a taxpayer makes a request to have the original
  251  tax notice corrected, the discount rate for early payment
  252  applicable at the time of the request for correction is made
  253  shall apply for 30 days after the mailing of the corrected tax
  254  notice.
  255         (3) A discount rate shall apply at the rate of 4 percent
  256  shall apply for 30 days after the mailing of a tax notice
  257  resulting from the action of a value adjustment board.
  258  Thereafter, the regular discount periods shall apply.
  259         (4)If the For the purposes of this section, when a
  260  discount period ends on a Saturday, Sunday, or legal holiday,
  261  the discount period, including the zero-percent period, shall be
  262  extended to the next working day, if payment is delivered to the
  263  a designated collection office of the tax collector.
  264         Section 6. Subsections (2) and (4) of section 197.172,
  265  Florida Statutes, are amended to read:
  266         197.172 Interest rate; calculation and minimum.—
  267         (2) The maximum rate of interest on a tax certificate shall
  268  be 18 percent per year; however, a tax certificate shall not
  269  bear interest nor shall the mandatory charge as provided by s.
  270  197.472(2) be levied during the 60-day period of time from the
  271  date of delinquency, except the 3 percent mandatory charge under
  272  subsection (1). No tax certificate sold before March 23, 1992,
  273  shall bear interest nor shall the mandatory charge as provided
  274  by s. 197.472(2) be levied in excess of the interest or charge
  275  provided herein, except as to those tax certificates upon which
  276  the mandatory charge as provided by s. 197.472(2) shall have
  277  been collected and paid.
  278         (4) Interest shall be calculated Except as provided in s.
  279  197.262 with regard to deferred payment tax certificates,
  280  interest to be accrued pursuant to this chapter shall be
  281  calculated monthly from the first day of each month.
  282         Section 7. Subsections (1), (2), and (3) of section
  283  197.182, Florida Statutes, are amended to read:
  284         197.182 Department of Revenue to pass upon and order
  285  refunds.—
  286         (1)(a) Except as provided in paragraphs paragraph (b), (c),
  287  and (d), the department shall pass upon and order refunds when
  288  payment of taxes assessed on the county tax rolls has been made
  289  voluntarily or involuntarily under any of the following
  290  circumstances:
  291         1. When an overpayment has been made.
  292         2. When a payment has been made when no tax was due.
  293         3. When a bona fide controversy exists between the tax
  294  collector and the taxpayer as to the liability of the taxpayer
  295  for the payment of the tax claimed to be due, the taxpayer pays
  296  the amount claimed by the tax collector to be due, and it is
  297  finally adjudged by a court of competent jurisdiction that the
  298  taxpayer was not liable for the payment of the tax or any part
  299  thereof.
  300         4. When a payment has been made in error by a taxpayer to
  301  the tax collector due to application of payment to an erroneous
  302  parcel or misinformation provided by the property appraiser or
  303  tax collector, if, within 12 24 months of the date of the
  304  erroneous payment and prior to any transfer of the assessed
  305  property to a third party for consideration, the party seeking a
  306  refund makes demand for reimbursement of the erroneous payment
  307  upon the owner of the property on which the taxes were
  308  erroneously paid and reimbursement of the erroneous payment is
  309  not received within 45 days after such demand. The demand for
  310  reimbursement shall be sent by certified mail, return receipt
  311  requested, and a copy thereof shall be sent to the tax
  312  collector. If the payment was made in error by the taxpayer
  313  because of an error in the tax notice sent to the taxpayer,
  314  refund must be made as provided in paragraph (d) subparagraph
  315  (b)2.
  316         5. When any payment has been made for tax certificates that
  317  are subsequently corrected or are subsequently determined to be
  318  void under s. 197.443.
  319         (b)1. Those Refunds that have been ordered by a court and
  320  those refunds that do not result from changes made in the
  321  assessed value on a tax roll certified to the tax collector
  322  shall be made directly by the tax collector without order from
  323  the department and shall be made from undistributed funds
  324  without approval of the various taxing authorities.
  325         (c) Overpayments in the amount of $10 $5 or less may be
  326  retained by the tax collector unless a written claim for a
  327  refund is received from the taxpayer. Overpayments over $10 $5
  328  resulting from taxpayer error, if determined within 12 months
  329  the 4-year period of limitation, shall are to be automatically
  330  refunded to the taxpayer. Such refunds do not require approval
  331  from the department.
  332         (d)2.If When a payment has been made in error by a
  333  taxpayer to the tax collector because of an error in the tax
  334  notice sent to the taxpayer, refund must be made directly by the
  335  tax collector and does not require approval from the department.
  336  At the request of the taxpayer, the amount paid in error may be
  337  applied by the tax collector to the taxes for which the taxpayer
  338  is actually liable.
  339         (e)(c) Claims for refunds shall be made in accordance with
  340  the rules of the department. A No refund may not shall be
  341  granted unless a claim for the refund is made therefor within 4
  342  years after of January 1 of the tax year for which the taxes
  343  were paid.
  344         (f)(d) Upon receipt of the department’s written denial of a
  345  the refund, the tax collector shall issue the denial in writing
  346  to the taxpayer.
  347         (g)(e) If funds are available from current receipts and,
  348  subject to subsection (3) and, if a refund is approved, the
  349  taxpayer shall is entitled to receive a refund within 100 days
  350  after a claim for refund is made, unless the tax collector,
  351  property appraiser, or department states good cause for
  352  remitting the refund after that date. The times stated in this
  353  paragraph and paragraphs (h) (f) through (l) (j) are directory
  354  and may be extended by a maximum of an additional 60 days if
  355  good cause is stated.
  356         (h)(f) If the taxpayer contacts the property appraiser
  357  first, the property appraiser shall refer the taxpayer to the
  358  tax collector.
  359         (i)(g) If a correction to the roll by the property
  360  appraiser is required as a condition for the refund, the tax
  361  collector shall, within 30 days, advise the property appraiser
  362  of the taxpayer’s application for a refund and forward the
  363  application to the property appraiser.
  364         (j)(h) The property appraiser has 30 days after receipt of
  365  the form from the tax collector to correct the roll if a
  366  correction is permissible by law. By the end of After the 30-day
  367  period 30 days, the property appraiser shall immediately advise
  368  the tax collector in writing whether or not the roll has been
  369  corrected, stating the reasons why the roll was corrected or not
  370  corrected.
  371         (k)(i) If the refund requires is not one that can be
  372  directly acted upon by the tax collector, for which an order
  373  from the department is required, the tax collector shall forward
  374  the claim for refund to the department upon receipt of the
  375  correction from the property appraiser or 30 days after the
  376  claim for refund, whichever occurs first. This provision does
  377  not apply to corrections resulting in refunds of less than
  378  $2,500 $400, which the tax collector shall make directly,
  379  without order from the department, and from undistributed funds,
  380  and may make without approval of the various taxing authorities.
  381         (l)(j) The department shall approve or deny all refunds
  382  within 30 days after receiving a from the tax collector the
  383  claim for refund from the tax collector, unless good cause is
  384  stated for delaying the approval or denial beyond that date.
  385         (m)(k) Subject to and after meeting the requirements of s.
  386  194.171 and this section, an action to contest a denial of
  387  refund must may not be brought within later than 60 days after
  388  the date the tax collector mails issues the denial to the
  389  taxpayer, which notice must be sent by certified mail, or 4
  390  years after January 1 of the year for which the taxes were paid,
  391  whichever is later.
  392         (n)(l) In computing any time period under this section, if
  393  when the last day of the period is a Saturday, Sunday, or legal
  394  holiday, the period is to be extended to the next working day.
  395         (2)(a)If When the department orders a refund, the
  396  department it shall forward a copy of its order to the tax
  397  collector who shall then determine the pro rata share due by
  398  each taxing authority. The tax collector shall make the refund
  399  from undistributed funds held for that taxing authority and
  400  shall identify such refund as a reduction in the next
  401  distribution. If there are insufficient undistributed funds for
  402  the refund, the tax collector shall notify the taxing authority
  403  of the shortfall. The taxing authority shall: and certify to the
  404  county, the district school board, each municipality, and the
  405  governing body of each taxing district, their pro rata shares of
  406  such refund, the reason for the refund, and the date the refund
  407  was ordered by the department.
  408         (b) The board of county commissioners, the district school
  409  board, each municipality, and the governing body of each taxing
  410  district shall comply with the order of the department in the
  411  following manner:
  412         1. Authorize the tax collector to make refund from
  413  undistributed funds held for that taxing authority by the tax
  414  collector;
  415         (a)2. Authorize the tax collector to make refund and
  416  forward to the tax collector its pro rata share of the refund
  417  from currently budgeted funds, if available; or
  418         (b)3. Notify the tax collector that the taxing authority
  419  does not have funds currently available and provide for the
  420  payment of the refund in its budget for the ensuing year funds
  421  for the payment of the refund.
  422         (3) A refund ordered by the department pursuant to this
  423  section shall be made by the tax collector in one aggregate
  424  amount composed of all the pro rata shares of the several taxing
  425  authorities concerned, except that a partial refund is allowed
  426  when one or more of the taxing authorities concerned do not have
  427  funds currently available to pay their pro rata shares of the
  428  refund and this would cause an unreasonable delay in the total
  429  refund. A statement by the tax collector explaining the refund
  430  shall accompany the refund payment. When taxes become delinquent
  431  as a result of a refund pursuant to subparagraph (1)(a)4. or
  432  paragraph (1)(d) subparagraph (1)(b)2., the tax collector shall
  433  notify the property owner that the taxes have become delinquent
  434  and that a tax certificate will be sold if the taxes are not
  435  paid within 30 days after the date of delinquency.
  436         Section 8. Subsections (1), (3), and (5) of section
  437  197.222, Florida Statutes, are amended to read:
  438         197.222 Prepayment of estimated tax by installment method.—
  439         (1) Taxes collected pursuant to this chapter may be prepaid
  440  in installments as provided in this section. A taxpayer may
  441  elect to prepay by installments for each tax notice for with
  442  taxes estimated to be more than $100. A taxpayer who elects to
  443  prepay taxes shall make payments based upon an estimated tax
  444  equal to the actual taxes levied upon the subject property in
  445  the prior year. To prepay by installments, the Such taxpayer
  446  shall complete and file an application for each tax notice to
  447  prepay such taxes by installment with the tax collector on or
  448  before April 30 prior to May 1 of the year in which the taxpayer
  449  elects to prepay the taxes in installments pursuant to this
  450  section. The application shall be made on forms supplied by the
  451  department and provided to the taxpayer by the tax collector.
  452  After submission of an initial application, a taxpayer is shall
  453  not be required to submit additional annual applications as long
  454  as he or she continues to elect to prepay taxes in installments
  455  pursuant to this section. However, if in any year the taxpayer
  456  does not so elect, reapplication is shall be required for a
  457  subsequent election to do so. Installment payments shall be made
  458  according to the following schedule:
  459         (a) The first payment of one-quarter of the total amount of
  460  estimated taxes due must shall be made by not later than June 30
  461  of the year in which the taxes are assessed. A 6-percent
  462  discount applied against the amount of the installment shall be
  463  granted for such payment. The tax collector may accept a late
  464  payment of the first installment through July 31, and the under
  465  this paragraph within 30 days after June 30; such late payment
  466  must be accompanied by a penalty of 5 percent of the amount of
  467  the installment due.
  468         (b) The second payment of one-quarter of the total amount
  469  of estimated taxes must due shall be made by not later than
  470  September 30 of the year in which the taxes are assessed. A 4.5
  471  percent discount applied against the amount of the installment
  472  shall be granted for such payment.
  473         (c) The third payment of one-quarter of the total amount of
  474  estimated taxes due, plus one-half of any adjustment made
  475  pursuant to a determination of actual tax liability, must shall
  476  be made by not later than December 31 of the year in which taxes
  477  are assessed. A 3-percent discount applied against the amount of
  478  the installment shall be granted for such payment.
  479         (d) The fourth payment of one-quarter of the total amount
  480  of estimated taxes due, plus one-half of any adjustment made
  481  pursuant to a determination of actual tax liability, must shall
  482  be made by not later than March 31 following the year in which
  483  taxes are assessed. A No discount may not shall be granted for
  484  such payment.
  485         (e) If For purposes of this section, when an installment
  486  due date falls on a Saturday, Sunday, or legal holiday, the due
  487  date for the installment is shall be the next working day, if
  488  the installment payment is delivered to a designated collection
  489  office of the tax collector. Taxpayers making such payment shall
  490  be entitled to the applicable discount rate authorized in this
  491  section.
  492         (3) Upon receiving a taxpayer’s application for
  493  participation in the prepayment installment plan, and the tax
  494  collector shall mail to the taxpayer a statement of the
  495  taxpayer’s estimated tax liability which shall be equal to the
  496  actual taxes levied on the subject property in the preceding
  497  year; such statement shall indicate the amount of each quarterly
  498  installment after application of the discount rates provided in
  499  this section, and a payment schedule, based upon the schedule
  500  provided in this section and furnished by the department. for
  501  those taxpayers who participated in the prepayment installment
  502  plan for the previous year and who are not required to reapply,
  503  the tax collector shall send, in the same manner as described in
  504  s. 197.322(3), a quarterly statement with the discount rates
  505  provided in this section according to the payment schedule
  506  provided by the department the statement shall be mailed by June
  507  1. During the first month that the tax roll is open for payment
  508  of taxes, the tax collector shall mail to the taxpayer a
  509  statement which shows the amount of the remaining installment
  510  payments to be made after application of the discount rates
  511  provided in this section. The postage or cost of electronic
  512  mailing shall be paid out of the general fund of the county,
  513  upon statement thereof by the tax collector.
  514         (5) Notice of the right to prepay taxes pursuant to this
  515  section shall be provided with the notice of taxes. The Such
  516  notice shall inform the taxpayer of the right to prepay taxes in
  517  installments, and that application forms can be obtained from
  518  the tax collector, and shall state that reapplication is not
  519  necessary if the taxpayer participated in the prepayment
  520  installment plan for the previous year. The application forms
  521  shall be provided by the department and shall be mailed by the
  522  tax collector to those taxpayers requesting an application.
  523         Section 9. Subsections (3) and (9) of section 197.2301,
  524  Florida Statutes, are amended to read:
  525         197.2301 Payment of taxes prior to certified roll
  526  procedure.—
  527         (3) Immediately upon receipt of the property appraiser’s
  528  certification under subsection (2), the tax collector shall
  529  publish a notice cause to be published in a newspaper of general
  530  circulation in the county and shall prominently post at the
  531  courthouse door a notice that the tax roll will not be certified
  532  for collection before prior to January 1 and that payments of
  533  estimated taxes may be made will be allowed by those taxpayers
  534  who submit tender payment to the collector on or before December
  535  31.
  536         (9) After the discount has been applied to the estimated
  537  taxes paid and it is determined that an underpayment or
  538  overpayment has occurred, the following shall apply:
  539         (a) If the amount of underpayment or overpayment is $10 $5
  540  or less, then no additional billing or refund is required except
  541  as determined by the tax collector.
  542         (b) If the amount of overpayment is more than $10 $5, the
  543  tax collector shall immediately refund to the person who paid
  544  the estimated tax the amount of overpayment. Department of
  545  Revenue approval is shall not be required for such the refund of
  546  overpayment made pursuant to this subsection.
  547         Section 10. Section 197.2421, Florida Statutes, is created
  548  to read:
  549         197.2421Property tax deferral.—
  550         (1) When a property owner applies for a property tax
  551  deferral and meets the criteria established in this chapter, the
  552  tax collector shall approve the deferral of such ad valorem
  553  taxes and non-ad valorem assessments as is allowed under this
  554  chapter.
  555         (2) Authorized property tax deferral programs are:
  556         (a) Homestead tax deferral.
  557         (b) Recreational and commercial working waterfront
  558  deferral.
  559         (c) Affordable rental housing deferral.
  560         (3) Ad valorem taxes, non-ad valorem assessments, and
  561  interest deferred pursuant to this chapter shall constitute a
  562  prior lien and shall attach to the property in the same manner
  563  as other tax liens. Deferred taxes, assessments, and interest,
  564  however, shall be due, payable, and delinquent as provided in
  565  this chapter.
  566         Section 11. Section 197.2423, Florida Statutes, is created
  567  to read:
  568         197.2423Application for property tax deferral;
  569  determination of approval or denial by tax collector.—
  570         (1) A property owner is responsible for submitting an
  571  annual application for tax deferral with the county tax
  572  collector on or before March 31 following the year in which the
  573  taxes and non-ad valorem assessments are assessed.
  574         (2) Each applicant shall demonstrate compliance with the
  575  requirements of this section.
  576         (3) The application for deferral shall be made upon a form
  577  provided by the tax collector. The tax collector may require the
  578  applicant to submit other evidence and documentation deemed
  579  necessary in considering the application. The application form
  580  shall advise the applicant:
  581         (a) Of the manner in which interest is computed.
  582         (b) Of the conditions needed to be met for approval.
  583         (c) Of the conditions under which deferred taxes,
  584  assessments, and interest become due, payable, and delinquent.
  585         (d) That all deferrals pursuant to this section constitute
  586  a lien on the applicant’s property.
  587         (4) Each application shall include a list of all
  588  outstanding liens on the property and the current value of each
  589  lien.
  590         (5) Each applicant shall furnish proof of fire and extended
  591  coverage insurance in an amount at least equal to the total of
  592  all outstanding liens, including a lien for deferred taxes, non
  593  ad valorem assessments, and interest with a loss payable clause
  594  to the tax collector.
  595         (6) The tax collector shall consider each annual
  596  application for a tax deferral within 45 days after the
  597  application is filed or as soon as practicable thereafter. The
  598  tax collector shall exercise reasonable discretion based upon
  599  applicable information available under this section. A tax
  600  collector who finds that the applicant is entitled to the tax
  601  deferral shall approve the application and maintain the deferral
  602  records until the tax lien is satisfied.
  603         (7) For approved deferrals, the date used in determining
  604  taxes due, net of discounts for early payment as provided in s.
  605  197.162, is the date the tax collector received the application
  606  for tax deferral.
  607         (8) The tax collector shall notify the property appraiser
  608  in writing of those parcels for which taxes have been deferred.
  609         (9) A tax deferral may not be granted if:
  610         (a) The total amount of deferred taxes, non-ad valorem
  611  assessments, and interest, plus the total amount of all other
  612  unsatisfied liens on the property, exceeds 85 percent of the
  613  just value of the property; or
  614         (b) The primary mortgage financing on the property is for
  615  an amount that exceeds 70 percent of the just value of the
  616  property.
  617         (10) A tax collector who finds that the applicant is not
  618  entitled to the deferral shall send a notice of disapproval
  619  within 45 days after the date the application is filed, citing
  620  the reason for disapproval. The original notice of disapproval
  621  shall be sent to the applicant and shall advise the applicant of
  622  the right to appeal the decision to the value adjustment board
  623  and shall inform the applicant of the procedure for filing such
  624  an appeal.
  625         Section 12. Section 197.253, Florida Statutes, is
  626  renumbered as section 197.2425, Florida Statutes, and amended to
  627  read:
  628         197.2425 197.253Appeal of denied Homestead tax deferral;
  629  application.—An appeal of a denied tax deferral must be
  630  submitted by the property owner
  631         (1) The application for deferral shall be made upon a form
  632  prescribed by the department and furnished by the county tax
  633  collector. The application form shall be signed upon oath by the
  634  applicant before an officer authorized by the state to
  635  administer oaths. The tax collector may, in his or her
  636  discretion, require the applicant to submit such other evidence
  637  and documentation as deemed necessary by the tax collector in
  638  considering the application. The application form shall advise
  639  the applicant of the manner in which interest is computed. Each
  640  application form shall contain an explanation of the conditions
  641  to be met for approval and the conditions under which deferred
  642  taxes and interest become due, payable, and delinquent. Each
  643  application shall clearly state that all deferrals pursuant to
  644  this act shall constitute a lien on the applicant’s homestead.
  645         (2)(a) The tax collector shall consider each annual
  646  application for homestead tax deferral within 30 days of the day
  647  the application is filed or as soon as practicable thereafter. A
  648  tax collector who finds that the applicant is entitled to the
  649  tax deferral shall approve the application and file the
  650  application in the permanent records. A tax collector who finds
  651  the applicant is not entitled to the deferral shall send a
  652  notice of disapproval within 30 days of the filing of the
  653  application, giving reasons therefor to the applicant, either by
  654  personal delivery or by registered mail to the mailing address
  655  given by the applicant and shall make return in the manner in
  656  which such notice was served upon the applicant upon the
  657  original notice thereof and file among the permanent records of
  658  the tax collector’s office. The original notice of disapproval
  659  sent to the applicant shall advise the applicant of the right to
  660  appeal the decision of the tax collector to the value adjustment
  661  board and shall inform the applicant of the procedure for filing
  662  such an appeal.
  663         (b) Appeals of the decision of the tax collector to the
  664  value adjustment board shall be in writing on a form prescribed
  665  by the department and furnished by the tax collector. The Such
  666  appeal must shall be filed with the value adjustment board
  667  within 30 20 days after the applicant’s receipt of the notice of
  668  disapproval. The value adjustment board shall review the
  669  application and the evidence presented to the tax collector upon
  670  which the applicant based his or her claim for tax deferral and,
  671  at the election of the applicant, shall hear the applicant in
  672  person, or by agent on the applicant’s behalf, on his or her
  673  right to homestead tax deferral. The value adjustment board
  674  shall reverse the decision of the tax collector and grant a
  675  homestead tax deferral to the applicant, if in its judgment the
  676  applicant is entitled to the tax deferral thereto, or shall
  677  affirm the decision of the tax collector. An Such action by of
  678  the value adjustment board is shall be final unless the
  679  applicant or tax collector files a de novo proceeding for a
  680  declaratory judgment or other appropriate proceeding in the
  681  circuit court of the county in which the property is located or
  682  other lienholder, within 15 days after from the date of
  683  disapproval of the application by the board, files in the
  684  circuit court of the county in which the property is located, a
  685  proceeding for a declaratory judgment or other appropriate
  686  proceeding.
  687         (3) Each application shall contain a list of, and the
  688  current value of, all outstanding liens on the applicant’s
  689  homestead.
  690         (4) For approved applications, the date of receipt by the
  691  tax collector of the application for tax deferral shall be used
  692  in calculating taxes due and payable net of discounts for early
  693  payment as provided for by s. 197.162.
  694         (5) If such proof has not been furnished with a prior
  695  application, each applicant shall furnish proof of fire and
  696  extended coverage insurance in an amount which is in excess of
  697  the sum of all outstanding liens and deferred taxes and interest
  698  with a loss payable clause to the county tax collector.
  699         (6) The tax collector shall notify the property appraiser
  700  in writing of those parcels for which taxes have been deferred.
  701         (7) The property appraiser shall promptly notify the tax
  702  collector of denials of homestead application and changes in
  703  ownership of properties that have been granted a tax deferral.
  704         Section 13. Section 197.243, Florida Statutes, is amended
  705  to read:
  706         197.243 Definitions relating to homestead property tax
  707  deferral Act.—
  708         (1) “Household” means a person or group of persons living
  709  together in a room or group of rooms as a housing unit, but the
  710  term does not include persons boarding in or renting a portion
  711  of the dwelling.
  712         (2) “Income” means the “adjusted gross income,” as defined
  713  in s. 62 of the United States Internal Revenue Code, of all
  714  members of a household.
  715         Section 14. Section 197.252, Florida Statutes, is amended
  716  to read:
  717         197.252 Homestead tax deferral.—
  718         (1) Any person who is entitled to claim homestead tax
  719  exemption under the provisions of s. 196.031(1) may apply elect
  720  to defer payment of a portion of the combined total of the ad
  721  valorem taxes and any non-ad valorem assessments which would be
  722  covered by a tax certificate sold under this chapter levied on
  723  that person’s homestead by filing an annual application for tax
  724  deferral with the county tax collector on or before January 31
  725  following the year in which the taxes and non-ad valorem
  726  assessments are assessed. Any applicant who is entitled to
  727  receive the homestead tax exemption but has waived it for any
  728  reason shall furnish, with the application for tax deferral, a
  729  certificate of eligibility to receive the exemption. Such
  730  certificate shall be prepared by the county property appraiser
  731  upon request of the taxpayer. It shall be the burden of each
  732  applicant to affirmatively demonstrate compliance with the
  733  requirements of this section.
  734         (2)(a) Approval of an application for homestead tax
  735  deferral shall defer that portion of the combined total of ad
  736  valorem taxes and any non-ad valorem assessments:
  737         1. That which would be covered by a tax certificate sold
  738  under this chapter otherwise due and payable on the applicant’s
  739  homestead pursuant to s. 197.333 which exceeds 5 percent of the
  740  applicant’s household’s income for the prior calendar year when
  741  the applicant is younger than 65 years of age;
  742         2. That exceeds 3 percent of the applicant’s household
  743  income for the prior calendar year when the applicant is 65
  744  years of age or older; or
  745         3. In its entirety when the applicant’s household income:
  746         a. For the prior calendar year is less than $10,000; or
  747         b. Is less than the designated amount for the additional
  748  homestead exemption pursuant to s. 196.075 and the applicant is
  749  65 years of age or older. If any such applicant’s household
  750  income for the prior calendar year is less than $10,000,
  751  approval of such application shall defer such ad valorem taxes
  752  plus non-ad valorem assessments in their entirety.
  753         (b) If the applicant is 65 years of age or older, approval
  754  of the application shall defer that portion of the ad valorem
  755  taxes plus non-ad valorem assessments which exceeds 3 percent of
  756  the applicant’s household income for the prior calendar year. If
  757  any applicant’s household income for the prior calendar year is
  758  less than $10,000, or is less than the amount of the household
  759  income designated for the additional homestead exemption
  760  pursuant to s. 196.075, and the applicant is 65 years of age or
  761  older, approval of the application shall defer the ad valorem
  762  taxes plus non-ad valorem assessments in their entirety.
  763         (b)(c) The household income of an applicant who applies for
  764  a tax deferral before the end of the calendar year in which the
  765  taxes and non-ad valorem assessments are assessed shall be for
  766  the current year, adjusted to reflect estimated income for the
  767  full calendar year period. The estimate of a full year’s
  768  household income shall be made by multiplying the household
  769  income received to the date of application by a fraction, the
  770  numerator being 365 and the denominator being the number of days
  771  expired in the calendar year to the date of application.
  772         (3) The property appraiser shall promptly notify the tax
  773  collector if there is a change in ownership or the homestead
  774  exemption has been denied on property that has been granted a
  775  tax deferral. No tax deferral shall be granted:
  776         (a) If the total amount of deferred taxes, non-ad valorem
  777  assessments, and interest plus the total amount of all other
  778  unsatisfied liens on the homestead exceeds 85 percent of the
  779  assessed value of the homestead, or
  780         (b) If the primary mortgage financing on the homestead is
  781  for an amount which exceeds 70 percent of the assessed value of
  782  the homestead.
  783         (4) The amount of taxes, non-ad valorem assessments, and
  784  interest deferred under this act shall accrue interest at a rate
  785  equal to the semiannually compounded rate of one-half of 1
  786  percent plus the average yield to maturity of the long-term
  787  fixed-income portion of the Florida Retirement System
  788  investments as of the end of the quarter preceding the date of
  789  the sale of the deferred payment tax certificates; however, the
  790  interest rate may not exceed 7 percent.
  791         (5) The taxes, non-ad valorem assessments, and interest
  792  deferred pursuant to this act shall constitute a prior lien and
  793  shall attach as of the date and in the same manner and be
  794  collected as other liens for taxes, as provided for under this
  795  chapter, but such deferred taxes, non-ad valorem assessments,
  796  and interest shall only be due, payable, and delinquent as
  797  provided in this act.
  798         Section 15. Section 197.303, Florida Statutes, is
  799  renumbered as section 197.2524, Florida Statutes, and amended to
  800  read:
  801         197.2524 197.303Ad valorem Tax deferral for recreational
  802  and commercial working waterfront properties and affordable
  803  rental housing property.—
  804         (1) The provisions of this section apply to: board of
  805  county commissioners of any county or the governing authority of
  806  any municipality may adopt an ordinance to allow for ad valorem
  807  tax deferrals for
  808         (a) Recreational and commercial working waterfront
  809  properties if the owners are engaging in the operation,
  810  rehabilitation, or renovation of such properties in accordance
  811  with guidelines established in this section.
  812         (b) Affordable rental housing, if the owners are engaging
  813  in the operation, rehabilitation, or renovation of such
  814  properties in accordance with the guidelines provided in part VI
  815  of chapter 420.
  816         (2) The board of county commissioners of any county or the
  817  governing authority of any the municipality may adopt an by
  818  ordinance to may authorize the deferral of ad valorem taxation
  819  and non-ad valorem assessments for recreational and commercial
  820  working waterfront properties described in subsection (1).
  821         (3) The ordinance shall designate the percentage or amount
  822  of the deferral and the type and location of the working
  823  waterfront property and, including the type of public lodging
  824  establishments, for which deferrals may be granted, which may
  825  include any property meeting the provisions of s. 342.07(2),
  826  which property may require the property be further required to
  827  be located within a particular geographic area or areas of the
  828  county or municipality. For working waterfront properties, the
  829  ordinance may include the type of public lodging establishments,
  830  including property meeting the requirements of s. 342.07(2),
  831  which would qualify.
  832         (4) The ordinance must specify that such deferrals apply
  833  only to taxes or assessments levied by the unit of government
  834  granting the deferral. However, a deferral may not be granted
  835  for the deferrals do not apply, however, to taxes or non-ad
  836  valorem assessments defined in s. 197.3632(1)(d) levied for the
  837  payment of bonds or for to taxes authorized by a vote of the
  838  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  839  Constitution.
  840         (5) The ordinance must specify that any deferral granted
  841  remains in effect regardless of any change in the authority of
  842  the county or municipality to grant the deferral. In order to
  843  retain the deferral, however, the use and ownership of the
  844  property as a working waterfront must remain as it was when the
  845  deferral was granted for be maintained over the period in for
  846  which the deferral remains is granted.
  847         (6)(a) If an application for deferral is granted on
  848  property that is located in a community redevelopment area, the
  849  amount of taxes eligible for deferral shall be limited reduced,
  850  as provided for in paragraph (b), if:
  851         1. The community redevelopment agency has previously issued
  852  instruments of indebtedness that are secured by increment
  853  revenues on deposit in the community redevelopment trust fund;
  854  and
  855         2. Those instruments of indebtedness are associated with
  856  the real property applying for the deferral.
  857         (b) If the provisions of paragraph (a) apply, the tax
  858  deferral may shall not apply only to the an amount of taxes in
  859  excess of equal to the amount that must be deposited into the
  860  community redevelopment trust fund by the entity granting the
  861  deferral based upon the taxable value of the property upon which
  862  the deferral is being granted. Once all instruments of
  863  indebtedness that existed at the time the deferral was
  864  originally granted are no longer outstanding or have otherwise
  865  been defeased, the provisions of this paragraph shall no longer
  866  apply.
  867         (c) If a portion of the taxes on a property were not
  868  eligible for deferral as provided in because of the provisions
  869  of paragraph (b), the community redevelopment agency shall
  870  notify the property owner and the tax collector 1 year before
  871  the debt instruments that prevented said taxes from being
  872  deferred are no longer outstanding or otherwise defeased.
  873         (d) The tax collector shall notify a community
  874  redevelopment agency of any tax deferral that has been granted
  875  on property located within the community redevelopment area of
  876  that agency.
  877         (e) Issuance of debt obligation after the date a deferral
  878  has been granted shall not reduce the amount of taxes eligible
  879  for deferral.
  880         Section 16. Section 197.3071, Florida Statutes, is
  881  renumbered as section 197.2526, Florida Statutes, and amended to
  882  read:
  883         197.2526 197.3071 Eligibility for tax deferral for
  884  affordable rental housing property.—The tax deferral authorized
  885  by s. 197.2524 this section is applicable only on a pro rata
  886  basis to the ad valorem taxes levied on residential units within
  887  a property which meet the following conditions:
  888         (1) Units for which the monthly rent along with taxes,
  889  insurance, and utilities does not exceed 30 percent of the
  890  median adjusted gross annual income as defined in s. 420.0004
  891  for the households described in subsection (2).
  892         (2) Units that are occupied by extremely-low-income
  893  persons, very-low-income persons, low-income persons, or
  894  moderate-income persons as these terms are defined in s.
  895  420.0004.
  896         Section 17. Section 197.254, Florida Statutes, is amended
  897  to read:
  898         197.254 Annual notification to taxpayer.—
  899         (1) The tax collector shall notify the taxpayer of each
  900  parcel appearing on the real property assessment roll of the
  901  right to defer payment of taxes and non-ad valorem assessments
  902  and interest. pursuant to ss. 197.242-197.312. Such notice shall
  903  be printed on the back of envelopes used for mailing the notice
  904  of taxes provided for by s. 197.322(3). Such notice of the right
  905  to defer payment of taxes and non-ad valorem assessments shall
  906  read:
  907  
  908                    NOTICE TO TAXPAYERS ENTITLED                   
  909                       TO HOMESTEAD EXEMPTION                      
  910  
  911  “If your income is low enough to meet certain conditions, you
  912  may qualify for a deferred tax payment plan on homestead
  913  property. An application to determine eligibility is available
  914  in the county tax collector’s office.”
  915         (2) On or before November 1 of each year, the tax collector
  916  shall notify each taxpayer to whom a tax deferral has been
  917  previously granted of the accumulated sum of deferred taxes,
  918  non-ad valorem assessments, and interest outstanding.
  919         Section 18. Section 197.262, Florida Statutes, is amended
  920  to read:
  921         197.262 Deferred payment tax certificates.—
  922         (1) The tax collector shall notify each local governing
  923  body of the amount of taxes and non-ad valorem assessments
  924  deferred which would otherwise have been collected for such
  925  governing body. The county shall then, At the time of the tax
  926  certificate sale held pursuant to s. 197.432, the tax collector
  927  shall strike each certificate on which there are deferred taxes
  928  off to the county. Certificates issued pursuant to this section
  929  are exempt from the public sale of tax certificates held
  930  pursuant to s. 197.432.
  931         (2) The certificates so held by the county shall bear
  932  interest at a rate equal to the semiannually compounded rate of
  933  0.5 percent plus the average yield to maturity of the long-term
  934  fixed-income portion of the Florida Retirement System
  935  investments as of the end of the quarter preceding the date of
  936  the sale of the deferred payment tax certificates; however, the
  937  interest rate may not exceed 7 9.5 percent.
  938         Section 19. Section 197.263, Florida Statutes, is amended
  939  to read:
  940         197.263 Change in ownership or use of property.—
  941         (1) If In the event that there is a change in use or
  942  ownership of tax-deferred property such that the owner is no
  943  longer eligible for the tax deferral granted entitled to claim
  944  homestead exemption for such property pursuant to s. 196.031(1),
  945  or the owner such person fails to maintain the required fire and
  946  extended insurance coverage, the total amount of deferred taxes
  947  and interest for all previous years shall be due and payable
  948  November 1 of the year in which the change in use occurs or on
  949  the date failure to maintain insurance occurs and shall be
  950  delinquent on April 1 of the year following the year in which
  951  the change in use or failure to maintain insurance occurs.
  952  However, if the change in ownership is to a surviving spouse and
  953  the spouse is eligible to maintain the tax deferral on such
  954  property, the surviving spouse may continue the deferment of
  955  previously deferred taxes and interest pursuant to this chapter.
  956         (2) In the event that there is a change in ownership of
  957  tax-deferred property, the total amount of deferred taxes and
  958  interest for all previous years shall be due and payable on the
  959  date the change in ownership takes place and shall be delinquent
  960  on April 1 following said date. When, however, the change in
  961  ownership is to a surviving spouse and such spouse is eligible
  962  to claim homestead exemption on such property pursuant to s.
  963  196.031(1), such surviving spouse may continue the deferment of
  964  previously deferred taxes and interest pursuant to the
  965  provisions of this act.
  966         (2)(3) Whenever the property appraiser discovers that there
  967  has been a change in the ownership or use of property which has
  968  been granted a tax deferral, the property appraiser shall notify
  969  the tax collector in writing of the date such change occurs, and
  970  the tax collector shall collect any taxes, assessments, and
  971  interest due or delinquent.
  972         (3)(4) During any year in which the total amount of
  973  deferred taxes, interest, and all other unsatisfied liens on the
  974  homestead exceeds 85 percent of the assessed value of the
  975  homestead, the tax collector shall immediately notify the owner
  976  of the property on which taxes and interest have been deferred
  977  that the portion of taxes and interest which exceeds 85 percent
  978  of the assessed value of the homestead shall be due and payable
  979  within 30 days after of receipt of the notice is sent. Failure
  980  to pay the amount due shall cause the total amount of deferred
  981  taxes and interest to become delinquent.
  982         (4)(5) Each year, upon notification, each owner of property
  983  on which taxes and interest have been deferred shall submit to
  984  the tax collector a list of, and the current value of, all
  985  outstanding liens on the owner’s homestead. Failure to respond
  986  to this notification within 30 days shall cause the total amount
  987  of deferred taxes and interest to become payable within 30 days.
  988         (5)(6)If In the event deferred taxes become delinquent
  989  under this chapter, then on or before June 1 following the date
  990  the taxes become delinquent, the tax collector shall sell a tax
  991  certificate for the delinquent taxes and interest in the manner
  992  provided by s. 197.432.
  993         Section 20. Section 197.272, Florida Statutes, is amended
  994  to read:
  995         197.272 Prepayment of deferred taxes.—
  996         (1) All or part of the deferred taxes and accrued interest
  997  may at any time be paid to the tax collector. Any payment that
  998  is less than the total amount due may not apply to a portion of
  999  a full year’s deferred taxes, assessments, and interest. by:
 1000         (a) The owner of the property or the spouse of the owner.
 1001         (b) The next of kin of the owner, heir of the owner, child
 1002  of the owner, or any person having or claiming a legal or
 1003  equitable interest in the property, provided no objection is
 1004  made by the owner within 30 days after the tax collector
 1005  notifies the owner of the fact that such payment has been
 1006  tendered.
 1007         (2) Any partial payment made pursuant to this section shall
 1008  be applied first to accrued interest.
 1009         Section 21. Section 197.282, Florida Statutes, is amended
 1010  to read:
 1011         197.282 Distribution of payments.—When any deferred taxes,
 1012  assessments, or interest is collected, the tax collector shall
 1013  maintain a record of the payment, setting forth a description of
 1014  the property and the amount of taxes or interest collected for
 1015  such property. The tax collector shall distribute payments
 1016  received in accordance with the procedures for distribution of
 1017  ad valorem taxes, non-ad valorem assessments, or redemption
 1018  moneys as prescribed in this chapter.
 1019         Section 22. Section 197.292, Florida Statutes, is amended
 1020  to read:
 1021         197.292 Construction.—Nothing in this chapter act shall be
 1022  construed to prevent the collection of personal property taxes
 1023  that: which
 1024         (1) Become a lien against tax-deferred property;,
 1025         (2) Defer payment of special assessments to benefited
 1026  property other than those specifically allowed to be deferred;,
 1027  or
 1028         (3) Affect any provision of any mortgage or other
 1029  instrument relating to property requiring a person to pay ad
 1030  valorem taxes or non-ad valorem assessments.
 1031         Section 23. Section 197.301, Florida Statutes, is amended
 1032  to read:
 1033         197.301 Penalties.—
 1034         (1) The following penalties shall be imposed on any person
 1035  who willfully files information required under s. 197.252 or s.
 1036  197.263 which is incorrect:
 1037         (a) The Such person shall pay the total amount of deferred
 1038  taxes, non-ad valorem assessments, and interest deferred, which
 1039  amount shall immediately become due.;
 1040         (b) The Such person shall be disqualified from filing a
 1041  homestead tax deferral application for the next 3 years.; and
 1042         (c) The Such person shall pay a penalty of 25 percent of
 1043  the total amount of deferred taxes, non-ad valorem assessments,
 1044  and interest deferred.
 1045         (2) Any person against whom the penalties prescribed in
 1046  this section have been imposed may appeal the penalties imposed
 1047  to the value adjustment board within 30 days after said
 1048  penalties are imposed.
 1049         Section 24. Section 197.312, Florida Statutes, is amended
 1050  to read:
 1051         197.312 Payment by mortgagee.—If any mortgagee elects shall
 1052  elect to pay the taxes when an applicant qualifies for tax
 1053  deferral, then such election does shall not give the mortgagee
 1054  the right to foreclose.
 1055         Section 25. Section 197.322, Florida Statutes, is amended
 1056  to read:
 1057         197.322 Delivery of ad valorem tax and non-ad valorem
 1058  assessment rolls; notice of taxes; publication and mail.—
 1059         (1) The property appraiser shall deliver to the tax
 1060  collector the certified assessment roll along with his or her
 1061  warrant and recapitulation sheet.
 1062         (2) The tax collector shall on November 1, or as soon as
 1063  the assessment roll is open for collection, publish a notice in
 1064  a local newspaper that the tax roll is open for collection.
 1065         (3) Within 20 working days after receipt of the certified
 1066  ad valorem tax roll and the non-ad valorem assessment rolls, the
 1067  tax collector shall send mail to each taxpayer appearing on such
 1068  said rolls, whose post office address is known to him or her, a
 1069  tax notice stating the amount of current taxes due, from the
 1070  taxpayer and, if applicable, the fact that back taxes remain
 1071  unpaid and advising the taxpayer of the discounts allowed for
 1072  early payment, and a notice that delinquent taxes are
 1073  outstanding, if applicable. Pursuant to s. 197.3632, the form of
 1074  the notice of non-ad valorem assessments and notice of ad
 1075  valorem taxes shall be as provided in s. 197.3635 and no other
 1076  form shall be used, notwithstanding the provisions of s.
 1077  195.022. The tax collector may send such notice electronically
 1078  or by postal mail. Electronic transmission may only be used with
 1079  the express consent of the property owner. Electronic
 1080  transmission of tax notices may be sent earlier but shall not be
 1081  sent later than the postal mailing of the notices. If the notice
 1082  of taxes is sent electronically and is returned as
 1083  undeliverable, a second notice may be sent through postal mail.
 1084  However, the original electronic transmission is the official
 1085  mailing for purpose of this section. No discount period shall be
 1086  extended due to a tax bill being returned electronically or
 1087  through postal mail. The postage for mailing or the cost of
 1088  electronic transmission shall be paid out of the general fund of
 1089  each local governing board, upon statement thereof by the tax
 1090  collector.
 1091         Section 26. Section 197.332, Florida Statutes, is amended
 1092  to read:
 1093         197.332 Duties of tax collectors; branch offices.—
 1094         (1) The tax collector has the authority and obligation to
 1095  collect all taxes as shown on the tax roll by the date of
 1096  delinquency or to collect delinquent taxes, interest, and costs,
 1097  by sale of tax certificates on real property and by seizure and
 1098  sale of personal property. The tax collector may perform such
 1099  duties by use of contracted services or products or by
 1100  electronic means. The use of contracted services, products, or
 1101  vendors in no way diminishes the responsibility or liability of
 1102  the tax collector to perform such duties according to law. The
 1103  tax collector may shall be allowed to collect reasonable
 1104  attorney’s fees and court costs in actions on proceedings to
 1105  recover delinquent taxes, interest, and costs.
 1106         (2) A county tax collector may establish one or more branch
 1107  offices by acquiring title to real property or by lease
 1108  agreement. The tax collector may staff and equip such branch
 1109  offices to conduct state business, or if authorized to do so by
 1110  resolution of the county governing body, to perform the duties
 1111  of tax collector under this chapter. The department shall rely
 1112  on the tax collector’s determination that a branch office is
 1113  necessary and shall base its approval of the tax collector’s
 1114  budget in accordance with the procedures of s. 195.087(2).
 1115         Section 27. Section 197.343, Florida Statutes, is amended
 1116  to read:
 1117         197.343 Tax notices; additional notice required.—
 1118         (1) An additional tax notice shall be sent, electronically
 1119  or by postal mail, mailed by April 30 to each taxpayer whose
 1120  payment has not been received. Electronic transmission of the
 1121  additional tax notice may be used only with the express consent
 1122  of the property owner. If the electronic transmission is
 1123  returned as undeliverable, a second notice may be sent by postal
 1124  mail. However, the original electronic transmission is the
 1125  official notice for the purpose of this subsection. The notice
 1126  shall include a description of the property and a statement that
 1127  if the taxes are not paid:
 1128         (a) For real property, a tax certificate may be sold; and
 1129         (b) For tangible personal property, the property may be
 1130  sold the following statement: If the taxes for ...(year)... on
 1131  your property are not paid, a tax certificate will be sold for
 1132  these taxes, and your property may be sold at a future date.
 1133  Contact the tax collector’s office at once.
 1134         (2) A duplicate of the additional tax notice required by
 1135  subsection (1) shall be mailed to a condominium unit owner’s
 1136  condominium association or to a mobile home owner’s homeowners’
 1137  association as defined in s. 723.075 if the association has
 1138  filed with the tax collector a written request and included a
 1139  description of the land. The tax collector is authorized to
 1140  charge a reasonable fee for the cost of this service.
 1141         (2)(3) When the taxes under s. 193.481 on subsurface rights
 1142  have become delinquent and a tax certificate is to be sold under
 1143  this chapter, a notice of the delinquency shall be given by
 1144  first-class mail to the owner of the fee to which these
 1145  subsurface rights are attached. On the day of the tax sale, the
 1146  fee owner shall have the right to purchase the tax certificate
 1147  at the maximum rate of interest provided by law before bids are
 1148  accepted for the sale of such certificate.
 1149         (3)(4) The tax collector shall mail such additional notices
 1150  as he or she considers proper and necessary or as may be
 1151  required by reasonable rules of the department.
 1152         Section 28. Subsections (1) and (2) of section 197.344,
 1153  Florida Statutes, are amended to read:
 1154         197.344 Lienholders; receipt of notices and delinquent
 1155  taxes.—
 1156         (1) When requested in writing, a tax notice shall be sent
 1157  mailed according to the following procedures:
 1158         (a) Upon request by any taxpayer aged 60 or over, the tax
 1159  collector shall send mail the tax notice to a third party
 1160  designated by the taxpayer. A duplicate copy of the notice shall
 1161  be sent mailed to the taxpayer.
 1162         (b) Upon request by a mortgagee stating that the mortgagee
 1163  is the trustee of an escrow account for ad valorem taxes due on
 1164  the property, the tax notice shall be sent mailed to such
 1165  trustee. When the original tax notice is sent mailed to such
 1166  trustee, the tax collector shall send mail a duplicate notice to
 1167  the owner of the property with the additional statement that the
 1168  original has been sent to the trustee.
 1169         (c) Upon request by a vendee of an unrecorded or recorded
 1170  contract for deed, the tax collector shall send mail a duplicate
 1171  notice to such vendee.
 1172  
 1173  The tax collector may establish cutoff dates, periods for
 1174  updating the list, and any other reasonable requirements to
 1175  ensure that the tax notices are sent mailed to the proper party
 1176  on time. Notices may be sent electronically or by postal mail.
 1177  However, electronic transmission may be used only with the
 1178  express consent of the person making the request. If the
 1179  electronic transmission is returned as undeliverable, a second
 1180  notice may be sent by postal mail. However, the original
 1181  electronic transmission is the official notice for the purpose
 1182  of this subsection.
 1183         (2) On or before May 1 of each year, the holder or
 1184  mortgagee of an unsatisfied mortgage, lienholder, or vendee
 1185  under a contract for deed, upon filing with the tax collector a
 1186  description of property land so encumbered and paying a service
 1187  charge of $2, may request and receive information concerning any
 1188  delinquent taxes appearing on the current tax roll and
 1189  certificates issued on the described property land. Upon receipt
 1190  of such request, the tax collector shall furnish the following
 1191  information within 60 days following the tax certificate sale:
 1192         (a) The description of property on which certificates were
 1193  sold.
 1194         (b) The number of each certificate issued and to whom.
 1195         (c) The face amount of each certificate.
 1196         (d) The cost for redemption of each certificate.
 1197         Section 29. Section 197.3635, Florida Statutes, is amended
 1198  to read:
 1199         197.3635 Combined notice of ad valorem taxes and non-ad
 1200  valorem assessments; requirements.—A form for the combined
 1201  notice of ad valorem taxes and non-ad valorem assessments shall
 1202  be produced and paid for by the tax collector. The form shall
 1203  meet the requirements of this section and department rules and
 1204  shall be subject to approval by the department. By rule the
 1205  department shall provide a format for the form of such combined
 1206  notice. The form shall meet the following requirements:
 1207         (1) It shall contain the title “Notice of Ad Valorem Taxes
 1208  and Non-ad Valorem Assessments.” It shall also contain a receipt
 1209  part that can be returned along with the payment to the tax
 1210  collector.
 1211         (2) It shall provide a clear partition between ad valorem
 1212  taxes and non-ad valorem assessments. Such partition shall be a
 1213  bold horizontal line approximately 1/8 inch thick.
 1214         (2)(3) Within the ad valorem part, it shall contain the
 1215  heading “Ad Valorem Taxes.” Within the non-ad valorem assessment
 1216  part, it shall contain the heading “Non-ad Valorem Assessments.”
 1217         (3)(4) It shall contain the county name, the assessment
 1218  year, the mailing address of the tax collector, the mailing
 1219  address of one property owner, the legal description of the
 1220  property to at least 25 characters, and the unique parcel or tax
 1221  identification number of the property.
 1222         (4)(5) It shall provide for the labeled disclosure of the
 1223  total amount of combined levies and the total discounted amount
 1224  due each month when paid in advance.
 1225         (5)(6) It shall provide a field or portion on the front of
 1226  the notice for official use for data to reflect codes useful to
 1227  the tax collector.
 1228         (6)(7) The combined notice shall be set in type which is 8
 1229  points or larger.
 1230         (7)(8) The ad valorem part shall contain the following:
 1231         (a) A schedule of the assessed value, exempted value, and
 1232  taxable value of the property.
 1233         (b) Subheadings for columns listing taxing authorities,
 1234  corresponding millage rates expressed in dollars and cents per
 1235  $1,000 of taxable value, and the associated tax.
 1236         (c) Taxing authorities listed in the same sequence and
 1237  manner as listed on the notice required by s. 200.069(4)(a),
 1238  with the exception that independent special districts, municipal
 1239  service taxing districts, and voted debt service millages for
 1240  each taxing authority shall be listed separately. If a county
 1241  has too many municipal service taxing units to list separately,
 1242  it shall combine them to disclose the total number of such units
 1243  and the amount of taxes levied.
 1244         (8)(9) Within the non-ad valorem assessment part, it shall
 1245  contain the following:
 1246         (a) Subheadings for columns listing the levying
 1247  authorities, corresponding assessment rates expressed in dollars
 1248  and cents per unit of assessment, and the associated assessment
 1249  amount.
 1250         (b) The purpose of the assessment, if the purpose is not
 1251  clearly indicated by the name of the levying authority.
 1252         (c) A listing of the levying authorities in the same order
 1253  as in the ad valorem part to the extent practicable. If a county
 1254  has too many municipal service benefit units to list separately,
 1255  it shall combine them by function.
 1256         (9)(10) It shall provide instructions and useful
 1257  information to the taxpayer. Such information and instructions
 1258  shall be nontechnical to minimize confusion. The information and
 1259  instructions required by this section shall be provided by
 1260  department rule and shall include:
 1261         (a) Procedures to be followed when the property has been
 1262  sold or conveyed.
 1263         (b) Instruction as to mailing the remittance and receipt
 1264  along with a brief disclosure of the availability of discounts.
 1265         (c) Notification about delinquency and interest for
 1266  delinquent payment.
 1267         (d) Notification that failure to pay the amounts due will
 1268  result in a tax certificate being issued against the property.
 1269         (e) A brief statement outlining the responsibility of the
 1270  tax collector, the property appraiser, and the taxing
 1271  authorities. This statement shall be accompanied by directions
 1272  as to which office to contact for particular questions or
 1273  problems.
 1274         Section 30. Subsections (2) and (4) of section 197.373,
 1275  Florida Statutes, are amended to read:
 1276         197.373 Payment of portion of taxes.—
 1277         (2) The request must be made at least 45 15 days prior to
 1278  the tax certificate sale.
 1279         (4) This section does not apply to assessments and
 1280  collections made pursuant to the provisions of s. 192.037 or
 1281  when taxes have been paid.
 1282         Section 31. Subsections (1) and (3) of section 197.402,
 1283  Florida Statutes, are amended to read:
 1284         197.402 Advertisement of real or personal property with
 1285  delinquent taxes.—
 1286         (1) If Whenever legal advertisements are required, the
 1287  board of county commissioners shall select the newspaper as
 1288  provided in chapter 50. The office of the tax collector shall
 1289  pay all newspaper charges, and the proportionate cost of the
 1290  advertisements shall be added to the delinquent taxes when they
 1291  are collected.
 1292         (3) Except as provided in s. 197.432(4), on or before June
 1293  1 or the 60th day after the date of delinquency, whichever is
 1294  later, the tax collector shall advertise once each week for 3
 1295  weeks and shall sell tax certificates on all real property
 1296  having with delinquent taxes. If the deadline falls on a
 1297  Saturday, Sunday, or legal holiday, it is extended to the next
 1298  working day. The tax collector shall make a list of such
 1299  properties in the same order in which the property was lands
 1300  were assessed, specifying the amount due on each parcel,
 1301  including interest at the rate of 18 percent per year from the
 1302  date of delinquency to the date of sale; the cost of
 1303  advertising; and the expense of sale.
 1304         Section 32. Section 197.403, Florida Statutes, is amended
 1305  to read:
 1306         197.403 Publisher to furnish copy of advertisement to tax
 1307  collector; Proof of publication; fees.—The newspaper publishing
 1308  the notice of a tax sale shall furnish transmit by mail a copy
 1309  of the paper containing each notice to the tax collector within
 1310  10 days after the last required publication. When the
 1311  publication of the tax sale notice is completed as provided by
 1312  law, the publisher shall make an affidavit, in the form
 1313  prescribed by the department, which shall be delivered to the
 1314  tax collector and annexed to the report of certificates sold for
 1315  taxes as provided by s. 197.432(9) s. 197.432(8).
 1316         Section 33. Subsections (5) and (10) of section 197.413,
 1317  Florida Statutes, are amended to read:
 1318         197.413 Delinquent personal property taxes; warrants; court
 1319  order for levy and seizure of personal property; seizure; fees
 1320  of tax collectors.—
 1321         (5) Upon the filing of the such petition, the clerk of the
 1322  court shall notify each delinquent taxpayer listed in the
 1323  petition that a petition has been filed and that, upon
 1324  ratification and confirmation of the petition, the tax collector
 1325  is will be authorized to issue warrants and levy upon, seize,
 1326  and sell so much of the taxpayer’s tangible personal property as
 1327  to satisfy the delinquent taxes, plus costs, interest,
 1328  attorney’s fees, and other charges. The Such notice shall be
 1329  given by certified mail, return receipt requested. If agreed to
 1330  by the clerk of court, the tax collector may provide the
 1331  notification.
 1332         (10) The tax collector is entitled to a fee of $10 $2 from
 1333  each delinquent taxpayer at the time delinquent taxes are
 1334  collected. The tax collector is entitled to receive an
 1335  additional $8 for each warrant issued.
 1336         Section 34. Section 197.414, Florida Statutes, is amended
 1337  to read:
 1338         197.414 Tax collector to keep Record of warrants and levies
 1339  on tangible personal property.—The tax collector shall keep a
 1340  record of all warrants and levies made under this chapter and
 1341  shall note on such record the date of payment, the amount of
 1342  money, if any, received, and the disposition thereof made by him
 1343  or her. Such record shall be known as “the tangible personal
 1344  property tax warrant register.and the form thereof shall be
 1345  prescribed by the Department of Revenue. The warrant register
 1346  may be maintained in paper or electronic form.
 1347         Section 35. Subsections (1) and (2) of section 197.4155,
 1348  Florida Statutes, are amended to read:
 1349         197.4155 Delinquent personal property taxes; installment
 1350  payment program.—
 1351         (1) A county tax collector may implement a an installment
 1352  payment program for the payment of delinquent personal property
 1353  taxes. If implemented, the program must be available, upon
 1354  application to the tax collector, to each delinquent personal
 1355  property taxpayer whose delinquent personal property taxes
 1356  exceed $1,000. The tax collector shall require each taxpayer who
 1357  requests to participate in the program to submit an application
 1358  on a form prescribed by the tax collector which, at a minimum,
 1359  must include the name, address, a description of the property
 1360  subject to personal property taxes, and the amount of the
 1361  personal property taxes owed by the taxpayer.
 1362         (2) Within 10 days after a taxpayer who owes delinquent
 1363  personal property taxes submits the required application, the
 1364  tax collector may shall prescribe a an installment payment plan
 1365  for the full payment of the taxpayer’s delinquent personal
 1366  property taxes, including any delinquency charges, interest, and
 1367  costs allowed by this chapter. The plan must be in writing and
 1368  must be delivered to the taxpayer after it is prescribed. At the
 1369  time the plan is developed, the tax collector may consider a
 1370  taxpayer’s current and anticipated future ability to pay over
 1371  the time period of a potential installment payment plan. The
 1372  plan must provide that if the taxpayer does not follow the
 1373  payment terms or fails to timely file returns or pay current
 1374  obligations after the date of the payment plan, the taxpayer
 1375  shall will be considered delinquent under the terms of the plan,
 1376  and any unpaid balance of tax, penalty, or interest scheduled in
 1377  the payment plan will be due and payable immediately. The plan
 1378  must also provide that unpaid tax amounts bear interest as
 1379  provided by law. In prescribing a such an installment payment
 1380  plan, the tax collector may exercise flexibility as to the
 1381  dates, amounts, and number of payments required to collect all
 1382  delinquent personal property taxes owed by the taxpayer, except
 1383  that the plan must provide for the full satisfaction of all
 1384  amounts owed by the taxpayer within by no later than 3 years
 1385  after the due date of the first payment under the plan.
 1386         Section 36. Section 197.416, Florida Statutes, is amended
 1387  to read:
 1388         197.416 Continuing duty of the tax collector to collect
 1389  delinquent tax warrants; limitation of actions.—It is shall be
 1390  the duty of the tax collector issuing a tax warrant for the
 1391  collection of delinquent tangible personal property taxes to
 1392  continue from time to time his or her efforts to collect such
 1393  taxes for a period of 7 years after from the date of the
 1394  ratification issuance of the warrant. After the expiration of 7
 1395  years, the warrant is will be barred by this statute of
 1396  limitation, and no action may be maintained in any court. A tax
 1397  collector or his or her successor is shall not be relieved of
 1398  accountability for collection of any taxes assessed on tangible
 1399  personal property until he or she has completely performed every
 1400  duty devolving upon the tax collector as required by law.
 1401         Section 37. Subsection (1) of section 197.417, Florida
 1402  Statutes, is amended to read:
 1403         197.417 Sale of personal property after seizure.—
 1404         (1) When personal property is levied upon for delinquent
 1405  taxes as provided for in s. 197.413, at least 15 days before the
 1406  sale the tax collector shall give public notice by advertisement
 1407  of the time and place of sale of the property to be sold. The
 1408  notice shall be posted in at least two three public places in
 1409  the county, one of which shall be at the courthouse, and the
 1410  property shall be sold at public auction at the location noted
 1411  in the advertisement. Notice posted on the Internet qualifies as
 1412  one location. The property sold shall be present if practical.
 1413  When the sale is conducted electronically, a description of the
 1414  property and a photograph, when practical, shall be available.
 1415  At any time before the sale the owner or claimant of the
 1416  property may release the property by the payment of the taxes,
 1417  plus delinquent charges, interest, and costs, for which the
 1418  property was liable to be sold. In all cases, immediate payment
 1419  for the property shall be required. In case such a sale is made,
 1420  the tax collector shall be entitled to the same fees and charges
 1421  as are allowed sheriffs upon execution sales.
 1422         Section 38. Section 197.432, Florida Statutes, is amended
 1423  to read:
 1424         197.432 Sale of tax certificates for unpaid taxes.—
 1425         (1) On the day and approximately at the time designated in
 1426  the notice of the sale, the tax collector shall commence the
 1427  sale of tax certificates on the real property those lands on
 1428  which taxes have not been paid, and he or she shall continue the
 1429  sale from day to day until each certificate is sold to pay the
 1430  taxes, interest, costs, and charges on the parcel described in
 1431  the certificate. In case there are no bidders, the certificate
 1432  shall be issued to the county. The tax collector shall offer all
 1433  certificates on the property lands as they are listed on the tax
 1434  roll assessed. The tax collector may conduct the sale of tax
 1435  certificates for unpaid taxes pursuant to this section by
 1436  electronic means. Such electronic means shall comply with the
 1437  procedures provided in this chapter. A tax collector who chooses
 1438  to conduct such electronic sales may receive electronic deposits
 1439  and payments related to the tax certificate sale.
 1440         (2) A lien created through the sale of a tax certificate
 1441  may not be enforced in any manner except as prescribed in this
 1442  chapter.
 1443         (3) Delinquent real property taxes on real property may be
 1444  paid after the date of delinquency by paying the tax and all
 1445  interest, costs, and charges but must be completed before a tax
 1446  certificate is awarded to a buyer or struck to the county at the
 1447  tax certificate sale of all governmental units due on a parcel
 1448  of land in any one year shall be combined into one certificate.
 1449         (4) A tax certificate representing less than $250 $100 in
 1450  delinquent taxes on property that has been granted a homestead
 1451  exemption for the year in which the delinquent taxes were
 1452  assessed may not be sold at public auction or by electronic sale
 1453  as provided in subsection (1) (16) but must shall be issued by
 1454  the tax collector to the county at the maximum rate of interest
 1455  allowed under s. 197.262(2) by this chapter. The provisions of
 1456  s. 197.502(3) may shall not be invoked if as long as the
 1457  homestead exemption is granted to the person who received the
 1458  homestead exemption for the year in which the tax certificate
 1459  was issued. However, when all such tax certificates and accrued
 1460  interest thereon represent an amount of $250 $100 or more, the
 1461  provisions of s. 197.502(3) shall be invoked.
 1462         (5)Any tax certificate available for sale on land which
 1463  is, prior to the time of sale, the subject of a tax deed
 1464  application filed by the county shall be struck to the county.
 1465         (6)(5) Each certificate shall be awarded struck off to the
 1466  person who will pay the taxes, interest, costs, and charges and
 1467  will demand the lowest rate of interest, not in excess of the
 1468  maximum rate of interest allowed by this chapter. The tax
 1469  collector shall accept bids in even increments and in fractional
 1470  interest rate bids of one-quarter of 1 percent only. Proxy
 1471  bidding is valid when authorized or accepted by the potential
 1472  buyer of the certificate. When there are multiple bidders
 1473  offering the same lowest rate of interest, the tax collector
 1474  shall determine the method of selecting the bidder to whom the
 1475  certificate will be awarded. Acceptable methods include the bid
 1476  received first or use of a random number generator. If there is
 1477  no buyer, the certificate shall be struck issued to the county
 1478  at the maximum rate of interest allowed by this chapter.
 1479         (7)(6) The tax collector may shall require immediate
 1480  payment of a reasonable deposit from any person who wishes to
 1481  bid for a tax certificate. A person who fails or refuses to pay
 1482  any bid made by, or on behalf of, such person him or her is not
 1483  entitled to bid or have any other bid accepted or enforced
 1484  except as authorized by the tax collector until a new deposit of
 1485  100 percent of the amount of estimated purchases has been paid
 1486  to the tax collector. When tax certificates are ready for
 1487  issuance, The tax collector shall provide written or electronic
 1488  notice when certificates are notify each person to whom a
 1489  certificate was struck off that the certificate is ready for
 1490  issuance. and Payment must be made within 48 hours after from
 1491  the transmission of the electronic notice by the tax collector
 1492  or receipt of the written notice by the certificate buyer
 1493  mailing of such notice or, at the tax collector’s discretion,
 1494  all or any portion of the deposit placed by the bidder may be
 1495  the deposit shall be forfeited and the bid canceled. In any
 1496  event, Payment must shall be made before the issuance delivery
 1497  of the certificate by the tax collector. If the tax collector
 1498  determines that payment has been requested in error, the tax
 1499  collector shall issue a refund within 15 business days after
 1500  such determination. Any refund issued after 15 business days
 1501  shall be issued with interest at the rate of 5 percent.
 1502         (8)(7)The form of the certificate shall be as prescribed
 1503  by the department. Upon the cancellation of a any bid:, the tax
 1504  collector shall resell that certificate the following day or as
 1505  soon thereafter as possible, provided the certificate is sold
 1506  within 10 days after cancellation of such bid.
 1507         (a) If the sale has not been adjourned, the tax collector
 1508  shall reoffer the certificate for sale.
 1509         (b) If the sale has been adjourned, the tax collector shall
 1510  reoffer the certificate at a subsequent sale. Prior to the
 1511  subsequent sale, the parcels must be readvertised pursuant to s.
 1512  197.402(3).
 1513         (9)(8) The tax collector shall maintain records make a list
 1514  of all the certificates sold for taxes, showing the date of the
 1515  sale, the number of each certificate, the name of the owner as
 1516  returned, a description of the property land within the
 1517  certificate, the name of the purchaser, the interest rate bid,
 1518  and the amount for which sale was made. Such records may be
 1519  maintained electronically and shall This list shall be cited
 1520  known as the “list of tax certificates sold.” The tax collector
 1521  shall append to the list a certificate setting forth the fact
 1522  that the sale was made in accordance with this chapter.
 1523         (10)(9) A certificate may not be sold on, and a nor is any
 1524  lien is not created in, property owned by any governmental unit
 1525  that the property of which has become subject to taxation due to
 1526  lease of the property to a nongovernmental lessee. The
 1527  delinquent taxes shall be enforced and collected in the manner
 1528  provided in s. 196.199(8). However, the ad valorem real property
 1529  taxes levied on a leasehold that is taxed as real property under
 1530  s. 196.199(2)(b), and for which no rental payments are due under
 1531  the agreement that created the leasehold or for which payments
 1532  required under the original leasehold agreement have been waived
 1533  or prohibited by law before January 1, 1993, must be paid by the
 1534  lessee. If the taxes are unpaid, the delinquent taxes become a
 1535  lien on the leasehold and may be collected and enforced under
 1536  this chapter.
 1537         (11)(10) Any tax certificates that issued pursuant to this
 1538  section after January 1, 1977, which are void due to an error of
 1539  the property appraiser, the tax collector, or the taxing or
 1540  levying authority any other county official, or any municipal
 1541  official and which are subsequently canceled, or which are
 1542  corrected or amended, pursuant to this chapter or chapter 196,
 1543  shall earn interest at the rate of 8 percent per year, simple
 1544  interest, or the rate of interest bid at the tax certificate
 1545  sale, whichever is less, calculated monthly from the date the
 1546  certificate was purchased until the date the tax collector
 1547  issues the refund is ordered. Refunds made on tax certificates
 1548  that are corrected or void shall be processed in accordance with
 1549  the procedure set forth in s. 197.182, except that the 4-year
 1550  time period provided for in s. 197.182(1)(e) s. 197.182(1)(c)
 1551  does not apply to or bar refunds resulting from correction or
 1552  cancellation of certificates and release of tax deeds as
 1553  authorized herein.
 1554         (12)(11) When tax certificates are advertised for sale, the
 1555  tax collector shall be entitled to a commission of 5 percent on
 1556  the amount of the delinquent taxes and interest when actual sale
 1557  is made. However, the tax collector is shall not be entitled to
 1558  any commission for the issuance sale of certificates made to the
 1559  county until the commission is paid upon the redemption or sale
 1560  of the tax certificates. If When a tax deed is issued to the
 1561  county, the tax collector may shall not receive his or her
 1562  commission for the certificates until after the property is sold
 1563  and conveyed by the county.
 1564         (12) All tax certificates issued to the county shall be
 1565  held by the tax collector of the county where the lands covered
 1566  by the certificates are located.
 1567         (13) Delinquent taxes on real property may be paid after
 1568  the date of delinquency but prior to the sale of a tax
 1569  certificate by paying all costs, advertising charges, and
 1570  interest.
 1571         (13)(14) The holder of a tax certificate may not directly,
 1572  through an agent, or otherwise initiate contact with the owner
 1573  of property upon which he or she holds a tax certificate to
 1574  encourage or demand payment until 2 years after have elapsed
 1575  since April 1 of the year of issuance of the tax certificate.
 1576         (14)(15) Any holder of a tax certificate who, prior to the
 1577  date 2 years after April 1 of the year of issuance of the tax
 1578  certificate, initiates, or whose agent initiates, contact with
 1579  the property owner upon which he or she holds a certificate
 1580  encouraging or demanding payment may be barred by the tax
 1581  collector from bidding at a tax certificate sale. Unfair or
 1582  deceptive contact by the holder of a tax certificate to a
 1583  property owner to obtain payment is an unfair and deceptive
 1584  trade practice, as referenced in s. 501.204(1), regardless of
 1585  whether the tax certificate is redeemed. Such unfair or
 1586  deceptive contact is actionable under ss. 501.2075-501.211. If
 1587  the property owner later redeems the certificate in reliance on
 1588  the deceptive or unfair practice, the unfair or deceptive
 1589  contact is actionable under applicable laws prohibiting fraud.
 1590         (16) The county tax collector may conduct the sale of tax
 1591  certificates for unpaid taxes pursuant to this section by
 1592  electronic means. Such electronic sales shall comply with the
 1593  procedures provided in this chapter. The tax collector shall
 1594  provide access to such electronic sale by computer terminals
 1595  open to the public at a designated location. A tax collector who
 1596  chooses to conduct such electronic sales may receive electronic
 1597  deposits and payments related to the tax certificate sale.
 1598         Section 39. Section 197.4325, Florida Statutes, is amended
 1599  to read:
 1600         197.4325 Procedure when checks received for payment of
 1601  taxes or tax certificates is are dishonored.—
 1602         (1)(a) Within 10 days after a payment for taxes check
 1603  received by the tax collector for payment of taxes is
 1604  dishonored, the tax collector shall notify the payor maker of
 1605  the check that the payment check has been dishonored. If the
 1606  official receipt is canceled for nonpayment, the tax collector
 1607  shall cancel the official receipt issued for the dishonored
 1608  check and shall make an entry on the tax roll that the receipt
 1609  was canceled because of a dishonored payment check. Where
 1610  practicable, The tax collector may shall make a reasonable
 1611  effort to collect the moneys due before canceling the receipt.
 1612         (b) The tax collector shall retain a copy of the canceled
 1613  tax receipt and the dishonored check for the period of time
 1614  required by law.
 1615         (2)(a)If When a payment check received by the tax
 1616  collector for the purchase of a tax certificate is dishonored
 1617  and: the certificate has not been delivered to the bidder, the
 1618  tax collector shall retain the deposit and resell the tax
 1619  certificate. If the certificate has been delivered to the
 1620  bidder, the tax collector shall notify the department, and, upon
 1621  approval by the department, the certificate shall be canceled
 1622  and resold.
 1623         (b) When a bidder’s deposit is forfeited, the tax collector
 1624  shall retain the deposit and resell the tax certificate.
 1625         (a)1.If The tax certificate sale has been adjourned, the
 1626  tax collector shall readvertise the tax certificate to be
 1627  resold. When the bidder’s deposit is forfeited and the
 1628  certificate is readvertised, the deposit shall be used to pay
 1629  the advertising fees before other costs or charges are imposed.
 1630  Any portion of the bidder’s forfeit deposit that remains after
 1631  advertising and other costs or charges have been paid shall be
 1632  deposited by the tax collector into his or her official office
 1633  account. If the tax collector fails to require a deposit and tax
 1634  certificates are resold, the advertising charges required for
 1635  the second sale shall not be added to the face value of the tax
 1636  certificate.
 1637         (b)2.If The tax certificate sale has not been adjourned,
 1638  the tax collector shall cancel the previous bid pursuant to s.
 1639  197.432(8)(a) add the certificates to be resold to the sale list
 1640  and continue the sale until all tax certificates are sold.
 1641         Section 40. Subsection (2) of section 197.442, Florida
 1642  Statutes, is amended to read:
 1643         197.442 Tax collector not to sell certificates on land on
 1644  which taxes have been paid; penalty.—
 1645         (2) The office of the tax collector shall be responsible to
 1646  the publisher for costs of advertising property lands on which
 1647  the taxes have been paid, and the office of the property
 1648  appraiser shall be responsible to the publisher for the costs of
 1649  advertising property lands doubly assessed or assessed in error.
 1650         Section 41. Section 197.443, Florida Statutes, is amended
 1651  to read:
 1652         197.443 Cancellation of void tax certificates; correction
 1653  of tax certificates; procedure.—
 1654         (1) If When a tax certificate on real property lands has
 1655  been sold for unpaid taxes and:
 1656         (a) The tax certificate evidencing the sale is void because
 1657  the taxes on the property lands have been paid;
 1658         (b) The property was lands were not subject to taxation at
 1659  the time of the assessment on which they were sold;
 1660         (c) The description of the property in the tax certificate
 1661  is void or has been corrected or amended;
 1662         (d) An error of commission or omission has occurred which
 1663  invalidates the sale;
 1664         (e) The circuit court has voided the tax certificate by a
 1665  suit to cancel the tax certificate by the holder;
 1666         (f) The tax certificate is void for any other reason; or
 1667         (g) An error in assessed value has occurred for which the
 1668  tax certificate may be corrected,
 1669  
 1670  the tax collector shall forward a certificate of such error to
 1671  the department and enter a memorandum of error upon the list of
 1672  certificates sold for taxes a memorandum of such error. The
 1673  department, upon receipt of the such certificate, if satisfied
 1674  of the correctness of the certificate of error or upon receipt
 1675  of a court order, shall notify the tax collector, who shall
 1676  cancel or correct the certificate. Tax certificate corrections
 1677  or cancellations that have been ordered by a court or requested
 1678  by the tax certificateholder which do not result from changes
 1679  made in the assessed value on a tax roll certified to the tax
 1680  collector shall be made by the tax collector without order from
 1681  the department.
 1682         (2) The holder of a tax certificate who pays, redeems, or
 1683  causes to be corrected or to be canceled and surrendered by any
 1684  other tax certificates, or who pays any subsequent and omitted
 1685  taxes or costs, in connection with the foreclosure of a tax
 1686  certificate or tax deed that is, and when such other
 1687  certificates or such subsequent and omitted taxes are void or
 1688  corrected for any reason, the person paying, redeeming, or
 1689  causing to be corrected or to be canceled and surrendered the
 1690  other tax certificates or paying the other subsequent and
 1691  omitted taxes is entitled to a refund obtain the return of the
 1692  amount paid together with interest from the date of payment
 1693  through the day of issuance of the refund at the rate specified
 1694  in s. 197.432(11) therefor.
 1695         (a) The county officer or taxing or levying authority that,
 1696  as the case may be, which causes an error that results in the
 1697  voiding issuance of a void tax certificate shall be charged for
 1698  the costs of advertising incurred in the sale of a new the tax
 1699  certificate.
 1700         (b) If When the owner of a tax certificate requests that
 1701  the certificate be canceled for any reason, or that the amount
 1702  of the certificate be amended as a result of payments received
 1703  due to an intervening bankruptcy or receivership, but does not
 1704  seek a refund, the tax collector shall cancel or amend the tax
 1705  certificate and a refund shall not be processed. The tax
 1706  collector shall require the owner of the tax certificate to
 1707  execute a written statement that he or she is the holder of the
 1708  tax certificate, that he or she wishes the certificate to be
 1709  canceled or amended, and that a refund is not expected and is
 1710  not to be made.
 1711         (3) If When the tax certificate or a tax deed based upon
 1712  the certificate is held by an individual, the collector shall at
 1713  once notify the original purchaser of the certificate or tax
 1714  deed or the subsequent holder thereof, if known, that upon the
 1715  voluntary surrender of the certificate or deed of release of any
 1716  his or her rights under the tax deed, a refund will be made of
 1717  the amount received by the governmental units for the
 1718  certificate or deed, plus $1 for the deed of release.
 1719         (4) The refund shall be made in accordance with the
 1720  procedure set forth in s. 197.182, except that the 4-year time
 1721  period provided for in s. 197.182(1)(e) s. 197.182(1)(c) does
 1722  not apply to or bar refunds resulting from correction or
 1723  cancellation of certificates and release of tax deeds as
 1724  authorized in this section herein.
 1725         Section 42. Section 197.462, Florida Statutes, is amended
 1726  to read:
 1727         197.462 Transfer of tax certificates held by individuals.—
 1728         (1) All tax certificates issued to an individual may be
 1729  transferred by endorsement at any time before they are redeemed
 1730  or a tax deed is executed thereunder.
 1731         (2) The official endorsement of a tax certificate by the
 1732  tax collector with the date and the amount received and its
 1733  entry on the record of tax certificates sold shall be sufficient
 1734  evidence of the assignment of it.
 1735         (2)(3) The tax collector shall record the transfer on the
 1736  record of tax certificates sold.
 1737         (3)(4) The tax collector shall receive $2.25 as a service
 1738  charge for each transfer endorsement.
 1739         Section 43. Section 197.472, Florida Statutes, is amended
 1740  to read:
 1741         197.472 Redemption of tax certificates.—
 1742         (1) Any person may redeem a tax certificate or purchase a
 1743  county-held certificate at any time after the certificate is
 1744  issued and before a tax deed is issued or the property is placed
 1745  on the list of lands available for sale. The person redeeming or
 1746  purchasing a tax certificate shall pay to the tax collector in
 1747  the county where the land is situated the face amount plus all
 1748  interest, costs, and charges. of the certificate or the part
 1749  thereof that the part or interest purchased or redeemed bears to
 1750  the whole. Upon purchase or redemption being made, the person
 1751  shall pay all taxes, interest, costs, charges, and omitted
 1752  taxes, if any, as provided by law upon the part or parts of the
 1753  certificate so purchased or redeemed.
 1754         (2) When a tax certificate is redeemed and the interest
 1755  earned on the tax certificate is less than 5 percent of the face
 1756  amount of the certificate, a mandatory charge of 5 percent shall
 1757  be levied upon the tax certificate. The person redeeming the tax
 1758  certificate shall pay the interest rate due on the certificate
 1759  or the 5-percent mandatory charge, whichever is greater. This
 1760  subsection applies to all county-held tax certificates and all
 1761  individual tax certificates except those with an interest rate
 1762  bid of zero percent.
 1763         (3) The tax collector shall receive a fee of $6.25 for each
 1764  tax certificate purchased or redeemed.
 1765         (4) When only A portion of a certificate may be is being
 1766  redeemed only if or purchased and such portion can be
 1767  ascertained by legal description and the portion to be redeemed
 1768  is evidenced by a contract for sale or recorded deed., The tax
 1769  collector shall make a written request for apportionment to the
 1770  property appraiser and. within 15 days after such request, the
 1771  property appraiser shall furnish the tax collector a certificate
 1772  apportioning the value to that portion sought to be redeemed and
 1773  to the remaining land covered by the certificate.
 1774         (5) When a tax certificate is purchased or redeemed, the
 1775  tax collector shall give to the person a receipt and certificate
 1776  showing the amount paid for the purchase or redemption, a
 1777  description of the land, and the date, number, and amount of the
 1778  certificate, certificates, or part of certificate which is
 1779  purchased or redeemed, which shall be in the form prescribed by
 1780  the department. If a tax certificate is redeemed in full, the
 1781  certificate shall be surrendered to the tax collector by the
 1782  original purchaser and canceled by the tax collector. If only a
 1783  part is purchased or redeemed, the portion and description of
 1784  land, with date of purchase or redemption, shall be endorsed on
 1785  the certificate by the tax collector. The certificate shall be
 1786  retained by the owner, or the tax collector if the certificate
 1787  is a county-held certificate, subject to the endorsement. The
 1788  purchase or redemption shall be entered by the tax collector on
 1789  the record of tax certificates sold.
 1790         (5)(6) When a tax certificate has been purchased or
 1791  redeemed, the tax collector shall pay to the owner of the tax
 1792  certificate the amount received by the tax collector less the
 1793  redemption fee within 15 business days after the date of receipt
 1794  of the redemption. If the payment to the tax certificate owner
 1795  is not issued within 15 business days, the tax collector shall
 1796  pay interest at the rate of 5 percent to the certificate owner
 1797  service charges.
 1798         (6)(7) Nothing in this section shall be deemed to deny any
 1799  person the right to purchase or redeem any outstanding tax
 1800  certificate in accordance with the law in force when it was
 1801  issued. However, the provisions of s. 197.573 relating to
 1802  survival of restrictions and covenants after the issuance of a
 1803  tax deed are not repealed by this chapter and apply regardless
 1804  of the manner in which the tax deed was issued.
 1805         (7)(8) The provisions of subsection (4) do not apply to
 1806  collections made pursuant to the provisions of s. 192.037.
 1807         Section 44. Section 197.4725, Florida Statutes, is created
 1808  to read:
 1809         197.4725 Purchase of county-held tax certificates.—
 1810         (1) Any person may purchase a county-held tax certificate
 1811  at any time after the tax certificate is issued and before a tax
 1812  deed application is made. The person purchasing a county-held
 1813  tax certificate shall pay to the tax collector the face amount
 1814  plus all interest, costs, and charges or, subject to s.
 1815  197.472(4), the part described in the tax certificate.
 1816         (2) When a county-held tax certificate is purchased, the
 1817  interest earned shall be calculated at 1.5 percent per month, or
 1818  a fraction thereof, to the date of purchase.
 1819         (3) The tax collector shall receive a fee of $6.25 for each
 1820  county-held tax certificate purchased.
 1821         (4) The provisions of this section do not apply to
 1822  collections made pursuant to the provisions of s. 192.037.
 1823         (5) The tax collector may use electronic means to make
 1824  known county-held tax certificates that are available for
 1825  purchase and to complete the purchase. The tax collector may
 1826  charge a reasonable fee for costs incurred in providing such
 1827  electronic services.
 1828         (6)The purchaser of a county-held tax certificate shall be
 1829  issued a new tax certificate with a face value that includes all
 1830  sums paid to acquire the certificate from the county, including
 1831  accrued interest and charges paid pursuant to this section. The
 1832  date the county-held certificate was issued shall be the date
 1833  used to determine the date on which an application for tax deed
 1834  may be made.
 1835         Section 45. Section 197.473, Florida Statutes, is amended
 1836  to read:
 1837         197.473 Disposition of unclaimed redemption moneys.—
 1838         (1)After Money paid to the tax collector for the
 1839  redemption of a tax certificate or a tax deed application that
 1840  certificates has been held for 90 days, which money is payable
 1841  to the holder of a redeemed tax certificate but for which no
 1842  claim has been made or which fails to be presented for payment,
 1843  is considered unclaimed as defined in s. 717.113 and shall be
 1844  remitted to the state pursuant to s. 717.117, on the first day
 1845  of the following quarter the tax collector shall remit such
 1846  unclaimed moneys to the board of county commissioners, less the
 1847  sum of $5 on each $100 or fraction thereof which shall be
 1848  retained by the tax collector as service charges.
 1849         (2) Two years after the date the unclaimed redemption
 1850  moneys were remitted to the board of county commissioners, all
 1851  claims to such moneys are forever barred, and such moneys become
 1852  the property of the county.
 1853         Section 46. Section 197.482, Florida Statutes, is amended
 1854  to read:
 1855         197.482 Expiration Limitation upon lien of tax
 1856  certificate.—
 1857         (1)Seven After the expiration of 7 years after from the
 1858  date of issuance of a tax certificate, which is the date of the
 1859  first day of the tax certificate sale as advertised under s.
 1860  197.432, of a tax certificate, if a tax deed has not been
 1861  applied for on the property covered by the certificate, and no
 1862  other administrative or legal proceeding has existed of record,
 1863  the tax certificate is null and void, and the tax collector
 1864  shall be canceled. The tax collector shall note cancel the tax
 1865  certificate, noting the date of the cancellation of the tax
 1866  certificate upon all appropriate records in his or her office.
 1867  The tax collector shall complete the cancellation by entering
 1868  opposite the record of the 7-year-old tax certificate a notation
 1869  in substantially the following form: “Canceled by Act of 1973
 1870  Florida Legislature.” All certificates outstanding July 1, 1973,
 1871  shall have a life of 20 years from the date of issue. This
 1872  subsection does not apply to deferred payment tax certificates.
 1873         (2) The provisions and limitations herein prescribed for
 1874  tax certificates do not apply to tax certificates which were
 1875  sold under the provisions of chapter 18296, Laws of Florida,
 1876  1937, commonly known as the “Murphy Act.”
 1877         Section 47. Section 197.492, Florida Statutes, is amended
 1878  to read:
 1879         197.492 Errors and insolvencies report list.—On or before
 1880  the 60th day after the tax certificate sale is adjourned, the
 1881  tax collector shall certify make out a report to the board of
 1882  county commissioners a report separately showing the discounts,
 1883  errors, double assessments, and insolvencies relating to tax
 1884  collections for which credit is to be given, including in every
 1885  case except discounts, the names of the parties on whose account
 1886  the credit is to be allowed. The report may be submitted in an
 1887  electronic format. The board of county commissioners, upon
 1888  receiving the report, shall examine it; make such investigations
 1889  as may be necessary; and, if the board discovers that the tax
 1890  collector has taken credit as an insolvent item any personal
 1891  property tax due by a solvent taxpayer, charge the amount of
 1892  taxes represented by such item to the tax collector and not
 1893  approve the report until the tax collector strikes such item
 1894  from the record.
 1895         Section 48.  Section 48. Section 197.502, Florida Statutes,
 1896  is amended to read:
 1897         197.502 Application for obtaining tax deed by holder of tax
 1898  sale certificate; fees.—
 1899         (1) The holder of a any tax certificate, other than the
 1900  county, at any time after 2 years have elapsed since April 1 of
 1901  the year of issuance of the tax certificate and before the
 1902  expiration of 7 years after from the date of issuance, may file
 1903  the certificate and an application for a tax deed with the tax
 1904  collector of the county where the property lands described in
 1905  the certificate is are located. The application may be made on
 1906  the entire parcel of property or any part thereof which is
 1907  capable of being readily separated from the whole. The tax
 1908  collector may charge shall be allowed a tax deed application fee
 1909  of $75, plus reimbursement for any fee charged to the tax
 1910  collector by a vendor for providing an electronic tax deed
 1911  application program or service.
 1912         (2) A certificateholder, other than the county, may notify
 1913  the tax collector at any time of the certificateholder’s intent
 1914  to make application for tax deed. However, if the tax deed
 1915  application will be filed within the month of the earliest date
 1916  allowed pursuant to subsection (1), the certificateholder must
 1917  provide the tax collector with a notice of intent to make
 1918  application no later than 30 days before the date of
 1919  application. The tax collector shall notify the
 1920  certificateholder of the total amount due or the estimated
 1921  amount due, which must include the amount due for redemption or
 1922  purchase of all other outstanding tax certificates, plus
 1923  interest; any omitted taxes, plus interest; any delinquent
 1924  taxes, plus interest; and current taxes, if due, which cover the
 1925  land. The tax collector shall provide this notice at the
 1926  earliest possible date but no later than 30 days following the
 1927  tax collector’s receipt of the certficateholder’s notice of
 1928  intent to make application. The certificateholder shall pay the
 1929  total amount due or the estimated amount due at the time of
 1930  application. Any certificateholder, other than the county, who
 1931  makes application for a tax deed shall pay the tax collector at
 1932  the time of application all amounts required for redemption or
 1933  purchase of all other outstanding tax certificates, plus
 1934  interest, any omitted taxes, plus interest, any delinquent
 1935  taxes, plus interest, and current taxes, if due, covering the
 1936  land.
 1937         (3) The county in which where the property lands described
 1938  in the certificate is are located shall apply make application
 1939  for a tax deed on all county-held certificates on property
 1940  valued at $5,000 or more on the property appraiser’s most recent
 1941  assessment roll, except deferred payment tax certificates, and
 1942  may apply for tax deeds make application on those certificates
 1943  on property valued at less than $5,000 on the property
 1944  appraiser’s most recent assessment roll. The Such application
 1945  shall be made 2 years after April 1 of the year of issuance of
 1946  the certificates or as soon thereafter as is reasonable. Upon
 1947  application for a tax deed, the county shall deposit with the
 1948  tax collector all applicable costs and fees, but may shall not
 1949  deposit any money to cover the redemption of other outstanding
 1950  certificates covering the property land. The tax collector may
 1951  charge a tax deed application fee of $75, plus reimbursement for
 1952  any fee charged to the tax collector by a vendor for providing
 1953  an electronic tax deed application program or service.
 1954         (4) The tax collector shall deliver to the clerk of the
 1955  circuit court a statement that payment has been made for all
 1956  outstanding certificates or, if the certificate is held by the
 1957  county, that all appropriate fees have been deposited, and
 1958  stating that the following persons are to be notified prior to
 1959  the sale of the property:
 1960         (a) Any legal titleholder of record if the address of the
 1961  owner appears on the record of conveyance of the property lands
 1962  to the owner. However, if the legal titleholder of record is the
 1963  same as the person to whom the property was assessed on the tax
 1964  roll for the year in which the property was last assessed, then
 1965  the notice may only be mailed to the address of the legal
 1966  titleholder as it appears on the latest assessment roll.
 1967         (b) Any lienholder of record who has recorded a lien
 1968  against the property described in the tax certificate if an
 1969  address appears on the recorded lien.
 1970         (c) Any mortgagee of record if an address appears on the
 1971  recorded mortgage.
 1972         (d) Any vendee of a recorded contract for deed if an
 1973  address appears on the recorded contract or, if the contract is
 1974  not recorded, any vendee who has applied to receive notice
 1975  pursuant to s. 197.344(1)(c).
 1976         (e) Any other lienholder who has applied to the tax
 1977  collector to receive notice if an address is supplied to the
 1978  collector by such lienholder.
 1979         (f) Any person to whom the property was assessed on the tax
 1980  roll for the year in which the property was last assessed.
 1981         (g) Any lienholder of record who has recorded a lien
 1982  against a mobile home located on the property described in the
 1983  tax certificate if an address appears on the recorded lien and
 1984  if the lien is recorded with the clerk of the circuit court in
 1985  the county where the mobile home is located.
 1986         (h) Any legal titleholder of record of property that is
 1987  contiguous to the property described in the tax certificate, if
 1988  when the property described is either submerged land or common
 1989  elements of a subdivision, if the address of the titleholder of
 1990  contiguous property appears on the record of conveyance of the
 1991  property land to the that legal titleholder. However, if the
 1992  legal titleholder of property contiguous to the property
 1993  described in the tax certificate is the same as the person to
 1994  whom the property described in the tax certificate was assessed
 1995  on the tax roll for the year in which the property was last
 1996  assessed, the notice may be mailed only to the address of the
 1997  legal titleholder as it appears on the latest assessment roll.
 1998  As used in this chapter, the term “contiguous” means touching,
 1999  meeting, or joining at the surface or border, other than at a
 2000  corner or a single point, and not separated by submerged lands.
 2001  Submerged lands lying below the ordinary high-water mark which
 2002  are sovereignty lands are not part of the upland contiguous
 2003  property for purposes of notification.
 2004  
 2005  The statement must be signed by the tax collector or the tax
 2006  collector’s designee, with the tax collector’s seal affixed. The
 2007  tax collector may purchase a reasonable bond for errors and
 2008  omissions of his or her office in making such statement. The
 2009  search of the official records must be made by a direct and
 2010  inverse search. “Direct” means the index in straight and
 2011  continuous alphabetic order by grantor, and “inverse” means the
 2012  index in straight and continuous alphabetic order by grantee.
 2013         (5)(a) The tax collector may contract with a title company
 2014  or an abstract company at a reasonable fee to provide the
 2015  minimum information required in subsection (4), consistent with
 2016  rules adopted by the department. If additional information is
 2017  required, the tax collector must make a written request to the
 2018  title or abstract company stating the additional requirements.
 2019  The tax collector may select any title or abstract company,
 2020  regardless of its location, as long as the fee is reasonable,
 2021  the minimum information is submitted, and the title or abstract
 2022  company is authorized to do business in this state. The tax
 2023  collector may advertise and accept bids for the title or
 2024  abstract company if he or she considers it appropriate to do so.
 2025         1. The ownership and encumbrance report must include the be
 2026  printed or typed on stationery or other paper showing a
 2027  letterhead of the person, firm, or company that makes the
 2028  search, and the signature of the individual person who makes the
 2029  search or of an officer of the firm must be attached. The tax
 2030  collector is not liable for payment to the firm unless these
 2031  requirements are met. The report may be submitted to the tax
 2032  collector in an electronic format.
 2033         2. The tax collector may not accept or pay for any title
 2034  search or abstract if no financial responsibility is not assumed
 2035  for the search. However, reasonable restrictions as to the
 2036  liability or responsibility of the title or abstract company are
 2037  acceptable. Notwithstanding s. 627.7843(3), the tax collector
 2038  may contract for higher maximum liability limits.
 2039         3. In order to establish uniform prices for ownership and
 2040  encumbrance reports within the county, the tax collector must
 2041  shall ensure that the contract for ownership and encumbrance
 2042  reports include all requests for title searches or abstracts for
 2043  a given period of time.
 2044         (b) Any fee paid for a any title search or abstract must be
 2045  collected at the time of application under subsection (1), and
 2046  the amount of the fee must be added to the opening bid.
 2047         (c) The clerk shall advertise and administer the sale and
 2048  receive such fees for the issuance of the deed and sale of the
 2049  property as are provided in s. 28.24.
 2050         (6)(a) The opening bid:
 2051         (a) On county-held certificates on nonhomestead property
 2052  shall be the sum of the value of all outstanding certificates
 2053  against the property land, plus omitted years’ taxes, delinquent
 2054  taxes, interest, and all costs and fees paid by the county.
 2055         (b) The opening bid On an individual certificate on
 2056  nonhomestead property shall include, in addition to the amount
 2057  of money paid to the tax collector by the certificateholder at
 2058  the time of application, must include the amount required to
 2059  redeem the applicant’s tax certificate and all other costs and
 2060  fees paid by the applicant, plus all tax certificates that were
 2061  sold subsequent to the filing of the tax deed application and
 2062  omitted taxes, if any.
 2063         (c)The opening bid on property assessed on the latest tax
 2064  roll as homestead property shall include, in addition to the
 2065  amount of money required for an opening bid on nonhomestead
 2066  property, an amount equal to one-half of the latest assessed
 2067  value of the homestead. Payment of one-half of the assessed
 2068  value of the homestead property shall not be required if the tax
 2069  certificate to which the application relates was sold prior to
 2070  January 1, 1982.
 2071         (7) On county-held certificates for which there are no
 2072  bidders at the public sale, the clerk shall enter the land on a
 2073  list entitled “lands available for taxes” and shall immediately
 2074  notify the county commission and all other persons holding
 2075  certificates against the property land that the property land is
 2076  available. During the first 90 days after the property land is
 2077  placed on the list of lands available for taxes, the county may
 2078  purchase the land for the opening bid or may waive its rights to
 2079  purchase the property. Thereafter, any person, the county, or
 2080  any other governmental unit may purchase the land from the
 2081  clerk, without further notice or advertising, for the opening
 2082  bid, except that if when the county or other governmental unit
 2083  is the purchaser for its own use, the board of county
 2084  commissioners may cancel omitted years’ taxes, as provided under
 2085  s. 197.447. If the county does not elect to purchase the
 2086  property land, the county must notify each legal titleholder of
 2087  property contiguous to the property land available for taxes, as
 2088  provided in paragraph (4)(h), before expiration of the 90-day
 2089  period. Interest on the opening bid continues to accrue through
 2090  the month of sale as prescribed by s. 197.542.
 2091         (8) Taxes shall not be extended against parcels listed as
 2092  lands available for taxes, but in each year the taxes that would
 2093  have been due shall be treated as omitted years and added to the
 2094  required minimum bid. Seven Three years after the day the land
 2095  was offered for public sale, the land shall escheat to the
 2096  county in which it is located, free and clear. All tax
 2097  certificates, accrued taxes, and liens of any nature against the
 2098  property shall be deemed canceled as a matter of law and of no
 2099  further legal force and effect, and the clerk shall execute an
 2100  escheatment tax deed vesting title in the board of county
 2101  commissioners of the county in which the land is located.
 2102         (a) When a property escheats to the county under this
 2103  subsection, the county is not subject to any liability imposed
 2104  by chapter 376 or chapter 403 for preexisting soil or
 2105  groundwater contamination due solely to its ownership. However,
 2106  this subsection does not affect the rights or liabilities of any
 2107  past or future owners of the escheated property and does not
 2108  affect the liability of any governmental entity for the results
 2109  of its actions that create or exacerbate a pollution source.
 2110         (b) The county and the Department of Environmental
 2111  Protection may enter into a written agreement for the
 2112  performance, funding, and reimbursement of the investigative and
 2113  remedial acts necessary for a property that escheats to the
 2114  county.
 2115         (9) Consolidated applications on more than one tax
 2116  certificate are allowed, but a separate statement shall be
 2117  issued pursuant to subsection (4), and a separate tax deed shall
 2118  be issued pursuant to s. 197.552, for each parcel of property
 2119  shown on the tax certificate.
 2120         (10) Any fees collected pursuant to this section shall be
 2121  refunded to the certificateholder in the event that the tax deed
 2122  sale is canceled for any reason.
 2123         (11) For any property acquired under this section by the
 2124  county for the express purpose of providing infill housing, the
 2125  board of county commissioners may, in accordance with s.
 2126  197.447, cancel county-held tax certificates and omitted years’
 2127  taxes on such properties. Furthermore, the county may not
 2128  transfer a property acquired under this section specifically for
 2129  infill housing back to a taxpayer who failed to pay the
 2130  delinquent taxes or charges that led to the issuance of the tax
 2131  certificate or lien. For purposes of this subsection only, the
 2132  term “taxpayer” includes the taxpayer’s family or any entity in
 2133  which the taxpayer or taxpayer’s family has any interest.
 2134         Section 49. Section 197.542, Florida Statutes, is amended
 2135  to read:
 2136         197.542 Sale at public auction.—
 2137         (1) Real property The lands advertised for sale to the
 2138  highest bidder as a result of an application filed under s.
 2139  197.502 shall be sold at public auction by the clerk of the
 2140  circuit court, or his or her deputy, of the county where the
 2141  property is lands are located on the date, at the time, and at
 2142  the location as set forth in the published notice, which must
 2143  shall be during the regular hours the clerk’s office is open. At
 2144  the time and place, the clerk shall read the notice of sale and
 2145  shall offer the lands described in the notice for sale to the
 2146  highest bidder for cash at public outcry. The amount required to
 2147  redeem the tax certificate, plus the amounts paid by the holder
 2148  to the clerk of the circuit court in charges for costs of sale,
 2149  redemption of other tax certificates on the same property lands,
 2150  and all other costs to the applicant for tax deed, plus interest
 2151  thereon at the rate of 1.5 percent per month for the period
 2152  running from the month after the date of application for the
 2153  deed through the month of sale and costs incurred for the
 2154  service of notice provided for in s. 197.522(2), shall be
 2155  considered the bid of the certificateholder for the property. If
 2156  tax certificates exist or if delinquent taxes accrued subsequent
 2157  to the filing of the tax deed application, the amount required
 2158  to redeem such tax certificates or pay such delinquent taxes
 2159  shall be included in the minimum bid. However, if the land to be
 2160  sold is assessed on the latest tax roll as homestead property,
 2161  the bid of the certificateholder shall be increased to include
 2162  an amount equal to one-half of the assessed value of the
 2163  homestead property as required by s. 197.502. If there are no
 2164  higher bids, the property land shall be struck off and sold to
 2165  the certificateholder, who shall forthwith pay to the clerk any
 2166  amounts included in the minimum bid, the documentary stamp tax
 2167  and recording fees due. Upon payment, and a tax deed shall
 2168  thereupon be issued and recorded by the clerk. The tax deed
 2169  applicant shall have the option of placing the property on the
 2170  list of lands available for taxes in lieu of paying any
 2171  additional sums due as a result of the increased minimum bid,
 2172  documentary stamps, or recording fees.
 2173         (2) If there are other bids, The certificateholder has
 2174  shall have the right to bid as others present may bid, and the
 2175  property shall be struck off and sold to the highest bidder. The
 2176  high bidder may be required to shall post with the clerk a
 2177  nonrefundable cash deposit of 5 percent of the bid $200 at the
 2178  time of the sale, to be applied to the sale price at the time of
 2179  full payment. Notice of the this deposit requirement must shall
 2180  be posted at the auction site, and the clerk may require that
 2181  bidders to show their willingness and ability to post the cost
 2182  deposit. If full payment of the final bid and of documentary
 2183  stamp tax and recording fees is not made within 24 hours,
 2184  excluding weekends and legal holidays, the clerk shall cancel
 2185  all bids, readvertise the sale as provided in this section, and
 2186  pay all costs of the sale from the deposit. Any remaining funds
 2187  must be applied toward the opening bid. The clerk may refuse to
 2188  recognize the bid of any person who has previously bid and
 2189  refused, for any reason, to honor such bid.
 2190         (3) If the sale is canceled for any reason, the clerk shall
 2191  immediately readvertise the sale to be held within no later than
 2192  30 days after the date the sale was canceled. Only one
 2193  advertisement is necessary. No further notice is required. The
 2194  amount of the opening statutory (opening) bid shall be increased
 2195  by the cost of advertising, additional clerk’s fees as provided
 2196  for in s. 28.24(21), and interest as provided for in subsection
 2197  (1). The clerk must shall receive full payment prior to the
 2198  issuance of the tax deed.
 2199         (4)(a) A clerk may conduct electronic tax deed sales in
 2200  lieu of public outcry. The clerk must comply with the procedures
 2201  provided in this chapter, except that electronic proxy bidding
 2202  shall be allowed and the clerk may require bidders to advance
 2203  sufficient funds to pay the deposit required by subsection (2).
 2204  The clerk shall provide access to the electronic sale by
 2205  computer terminals open to the public at a designated location.
 2206  A clerk who conducts such electronic sales may receive
 2207  electronic deposits and payments related to the sale. The
 2208  portion of an advance deposit from a winning bidder required by
 2209  subsection (2) shall, upon acceptance of the winning bid, be
 2210  subject to the fee under s. 28.24(10).
 2211         (b) Nothing in this subsection shall be construed to
 2212  restrict or limit the authority of a charter county from
 2213  conducting electronic tax deed sales. In a charter county where
 2214  the clerk of the circuit court does not conduct all electronic
 2215  sales, the charter county shall be permitted to receive
 2216  electronic deposits and payments related to sales it conducts,
 2217  as well as to subject the winning bidder to a fee, consistent
 2218  with the schedule in s. 28.24(10).
 2219         Section 50. Section 197.522, Florida Statutes, is amended
 2220  to read:
 2221         197.522 Notice to owner when application for tax deed is
 2222  made.—
 2223         (1)(a) Except as provided herein, the clerk of the circuit
 2224  court shall notify, by certified mail with return receipt
 2225  requested or by registered mail if the notice is to be sent
 2226  outside the continental United States, the persons listed in the
 2227  tax collector’s statement pursuant to s. 197.502(4) that an
 2228  application for a tax deed has been made. Such notice shall be
 2229  mailed at least 20 days prior to the date of sale. If no address
 2230  is listed in the tax collector’s statement, then no notice shall
 2231  be required.
 2232         (b) The clerk shall enclose with every copy mailed a
 2233  statement as follows:
 2234         WARNING: There are unpaid taxes on property which you own
 2235  or in which you have a legal interest. Such property will be
 2236  sold at public auction notwithstanding its classification as
 2237  homestead property, if applicable. The property will be sold at
 2238  public auction on ...(date)... unless the back taxes are paid.
 2239  To make payment, or to receive further information, contact the
 2240  clerk of court immediately at ...(address)..., ...(telephone
 2241  number)....
 2242         (c) The clerk shall complete and attach to the affidavit of
 2243  the publisher a certificate containing the names and addresses
 2244  of those persons notified and the date the notice was mailed.
 2245  The certificate shall be signed by the clerk and the clerk’s
 2246  official seal affixed. The certificate shall be prima facie
 2247  evidence of the fact that the notice was mailed. If no address
 2248  is listed on the tax collector’s certification, the clerk shall
 2249  execute a certificate to that effect.
 2250         (d) The failure of anyone to receive notice as provided
 2251  herein shall not affect the validity of the tax deed issued
 2252  pursuant to the notice.
 2253         (e) A printed copy of the notice as published in the
 2254  newspaper, accompanied by the warning statement described in
 2255  paragraph (b), shall be deemed sufficient notice.
 2256         (2)(a) In addition to the notice provided in subsection
 2257  (1), for property that was not classified as homestead property
 2258  on the most recent assessment roll prior to the tax deed
 2259  application, the sheriff of the county in which the legal
 2260  titleholder resides shall, at least 20 days prior to the date of
 2261  sale, notify the legal titleholder of record of the property on
 2262  which the tax certificate is outstanding. The original notice
 2263  and sufficient copies shall be prepared by the clerk and
 2264  provided to the sheriff. Such notice shall be served as
 2265  specified in chapter 48; if the sheriff is unable to make
 2266  service, he or she shall post a copy of the notice in a
 2267  conspicuous place at the legal titleholder’s last known address.
 2268  The inability of the sheriff to serve notice on the legal
 2269  titleholder shall not affect the validity of the tax deed issued
 2270  pursuant to the notice. A legal titleholder of record who
 2271  resides outside the state may be notified by the clerk as
 2272  provided in subsection (1). The notice shall be in substantially
 2273  the following form:
 2274                               WARNING                             
 2275  
 2276  There are unpaid taxes on the property which you own. Such
 2277  property will be sold at public auction notwithstanding its
 2278  classification as homestead property, if applicable. The
 2279  property will be sold at public auction on ...(date)... unless
 2280  the back taxes are paid. To make arrangements for payment, or to
 2281  receive further information, contact the clerk of court at
 2282  ...(address)..., ...(telephone number)....
 2283  
 2284  In addition, if the legal titleholder does not reside in the
 2285  county in which the property to be sold is located, a copy of
 2286  such notice shall be posted in a conspicuous place on the
 2287  property by the sheriff of the county in which the property is
 2288  located. However, no posting of notice shall be required if the
 2289  property to be sold is classified for assessment purposes,
 2290  according to use classifications established by the department,
 2291  as nonagricultural acreage or vacant land.
 2292         (b)In addition to the notice provided in subsection (1),
 2293  for property classified as homestead property on the most recent
 2294  assessment roll prior to the tax deed application, the sheriff
 2295  of the county in which the legal titleholder resides shall, at
 2296  least 45 days prior to the date of sale, provide notice that a
 2297  tax certificate is outstanding on such homestead property to the
 2298  legal titleholder of record. The original notice and sufficient
 2299  copies shall be prepared by the clerk of the circuit court and
 2300  provided to the sheriff. Such notice shall be served as provided
 2301  in chapter 48. If unable to make service, the sheriff shall post
 2302  a copy of the notice in a conspicuous place at the homestead
 2303  property address. The return of service shall indicate, in
 2304  addition to the details of service, whether the residence exists
 2305  and whether the residence appears to be occupied. The inability
 2306  of the sheriff to serve notice on the legal titleholder of
 2307  homestead property subject to an outstanding tax certificate
 2308  does not affect the validity of a tax deed issued on such
 2309  property pursuant to the notice. The notice shall be in
 2310  substantially the following form:
 2311                               WARNING                             
 2312  
 2313         There are unpaid taxes on the homestead property you
 2314         own. Such property will be sold at public auction on
 2315         (date), unless the back taxes are paid,
 2316         notwithstanding its classification as homestead
 2317         property. To make arrangements for payment or to
 2318         receive further information, contact the clerk of the
 2319         court immediately at (address), (telephone number).
 2320  
 2321         (c)(b) In addition to the notice provided in subsection
 2322  (1), the clerk shall notify by certified mail with return
 2323  receipt requested, or by registered mail if the notice is to be
 2324  sent outside the continental United States, the persons listed
 2325  in the tax collector’s statement pursuant to s. 197.502(4)(h)
 2326  and to the tax deed applicant that application for a tax deed
 2327  has been made. Such notice shall be mailed at least 20 days
 2328  prior to the date of sale. If no address is listed in the tax
 2329  collector’s statement, then no notice shall be required.
 2330  Enclosed with the copy of the notice shall be a statement in
 2331  substantially the following form:
 2332                               WARNING                             
 2333  
 2334         There are unpaid taxes on property contiguous to your
 2335         property. The property with the unpaid taxes will be
 2336         sold at auction on ...(date)... unless the back taxes
 2337         are paid. To make payment, or to receive further
 2338         information about the purchase of the property,
 2339         contact the clerk of court immediately at
 2340         ...(address)..., ...(telephone number)....
 2341  
 2342  Neither the failure of the tax collector to include the list of
 2343  contiguous property owners pursuant to s. 197.502(4)(h) in his
 2344  or her statement to the clerk nor the failure of the clerk to
 2345  mail this notice to any or all of the persons listed in the tax
 2346  collector’s statement pursuant to s. 197.502(4)(h) shall be a
 2347  basis to challenge the validity of the tax deed issued pursuant
 2348  to any notice under this section.
 2349         (3) Nothing in this chapter shall be construed to prevent
 2350  the tax collector, or any other public official, in his or her
 2351  discretion from giving additional notice in any form concerning
 2352  tax certificates and tax sales beyond the minimum requirements
 2353  of this chapter.
 2354         Section 51. Section 197.552, Florida Statutes, is amended
 2355  to read:
 2356         197.552 Tax deeds.—All tax deeds shall be issued in the
 2357  name of a county and must shall be signed by the clerk of the
 2358  county. The deed shall be witnessed by two witnesses, the
 2359  official seal shall be attached thereto, and the deed shall be
 2360  acknowledged or proven as other deeds. Except as specifically
 2361  provided in this chapter, no right, interest, restriction, or
 2362  other covenant survives shall survive the issuance of a tax
 2363  deed, except that a lien of record held by a municipal or county
 2364  governmental unit, special district, or community development
 2365  district, including tax certificates on the property which were
 2366  not incorporated in the tax deed application, if when such lien
 2367  is not satisfied after as of the disbursement of proceeds of
 2368  sale under the provisions of s. 197.582, shall survive the
 2369  issuance of a tax deed. However, liens surviving the issuance of
 2370  a tax deed may not provide a basis to foreclose against the
 2371  interest of the tax deed owner unless the owner is reimbursed
 2372  for the price of acquiring the tax deed, including recording
 2373  fees and documentary stamps, by the holder of the surviving lien
 2374  or at the time of a foreclosure sale. If a foreclosure sale
 2375  results in insufficient funds to satisfy a surviving lien and
 2376  reimburse the tax deed owner, the proceeds of the foreclosure
 2377  sale shall be distributed pro rata in recognition of the equal
 2378  dignity of lien and the tax deed. Municipal or county government
 2379  liens shall survive as to principal only, and only if such liens
 2380  are recorded in the public records of the county prior to the
 2381  tax deed sale. The charges by the clerk shall be as provided in
 2382  s. 28.24. Tax deeds issued to a purchaser of property land for
 2383  delinquent taxes must shall be in the form prescribed by the
 2384  department. All deeds issued pursuant to this section are shall
 2385  be prima facie evidence of the regularity of all proceedings
 2386  from the valuation of the property lands to the issuance of the
 2387  deed, inclusive.
 2388         Section 52. Subsection (2) of section 197.582, Florida
 2389  Statutes, is amended to read:
 2390         197.582 Disbursement of proceeds of sale.—
 2391         (2) If the property is purchased for an amount in excess of
 2392  the statutory bid of the certificateholder, the excess shall be
 2393  paid over and disbursed by the clerk. If the property purchased
 2394  is homestead property and the statutory bid includes an amount
 2395  equal to at least one-half of the assessed value of the
 2396  homestead, that amount shall be treated as excess and
 2397  distributed in the same manner. The clerk shall distribute the
 2398  excess to the governmental units for the payment of any lien of
 2399  record held by a governmental unit against the property,
 2400  including any tax certificates not incorporated in the tax deed
 2401  application and omitted taxes, if any. If In the event the
 2402  excess is not sufficient to pay all of such liens in full, the
 2403  excess shall then be paid to each governmental unit pro rata.
 2404  If, after all liens of record of the governmental units upon the
 2405  property are paid in full, there remains a balance of
 2406  undistributed funds, the balance of the purchase price shall be
 2407  retained by the clerk for the benefit of the persons described
 2408  in s. 197.522(1)(a), except those persons described in s.
 2409  197.502(4)(h), as their interests may appear. The clerk shall
 2410  mail notices to such persons notifying them of the funds held
 2411  for their benefit. Any service charges, at the same rate as
 2412  prescribed in s. 28.24(10), and costs of mailing notices shall
 2413  be paid out of the excess balance held by the clerk. Excess
 2414  proceeds shall be held and disbursed in the same manner as
 2415  unclaimed redemption moneys in s. 197.473. If In the event
 2416  excess proceeds are not sufficient to cover the service charges
 2417  and mailing costs, the clerk shall receive the total amount of
 2418  excess proceeds as a service charge.
 2419         Section 53. Section 192.0105, Florida Statutes, is amended
 2420  to read
 2421         192.0105 Taxpayer rights.—There is created a Florida
 2422  Taxpayer’s Bill of Rights for property taxes and assessments to
 2423  guarantee that the rights, privacy, and property of the
 2424  taxpayers of this state are adequately safeguarded and protected
 2425  during tax levy, assessment, collection, and enforcement
 2426  processes administered under the revenue laws of this state. The
 2427  Taxpayer’s Bill of Rights compiles, in one document, brief but
 2428  comprehensive statements that summarize the rights and
 2429  obligations of the property appraisers, tax collectors, clerks
 2430  of the court, local governing boards, the Department of Revenue,
 2431  and taxpayers. Additional rights afforded to payors of taxes and
 2432  assessments imposed under the revenue laws of this state are
 2433  provided in s. 213.015. The rights afforded taxpayers to assure
 2434  that their privacy and property are safeguarded and protected
 2435  during tax levy, assessment, and collection are available only
 2436  insofar as they are implemented in other parts of the Florida
 2437  Statutes or rules of the Department of Revenue. The rights so
 2438  guaranteed to state taxpayers in the Florida Statutes and the
 2439  departmental rules include:
 2440         (1) THE RIGHT TO KNOW.—
 2441         (a) The right to be mailed notice of proposed property
 2442  taxes and proposed or adopted non-ad valorem assessments (see
 2443  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069).
 2444  The notice must also inform the taxpayer that the final tax bill
 2445  may contain additional non-ad valorem assessments (see s.
 2446  200.069(10)).
 2447         (b) The right to notification of a public hearing on each
 2448  taxing authority’s tentative budget and proposed millage rate
 2449  and advertisement of a public hearing to finalize the budget and
 2450  adopt a millage rate (see s. 200.065(2)(c) and (d)).
 2451         (c) The right to advertised notice of the amount by which
 2452  the tentatively adopted millage rate results in taxes that
 2453  exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
 2454  The right to notification by first-class mail of a comparison of
 2455  the amount of the taxes to be levied from the proposed millage
 2456  rate under the tentative budget change, compared to the previous
 2457  year’s taxes, and also compared to the taxes that would be
 2458  levied if no budget change is made (see ss. 200.065(2)(b) and
 2459  200.069(2), (3), (4), and (9)).
 2460         (d) The right that the adopted millage rate will not exceed
 2461  the tentatively adopted millage rate. If the tentative rate
 2462  exceeds the proposed rate, each taxpayer shall be mailed notice
 2463  comparing his or her taxes under the tentatively adopted millage
 2464  rate to the taxes under the previously proposed rate, before a
 2465  hearing to finalize the budget and adopt millage (see s.
 2466  200.065(2)(d)).
 2467         (e) The right to be sent notice by first-class mail of a
 2468  non-ad valorem assessment hearing at least 20 days before the
 2469  hearing with pertinent information, including the total amount
 2470  to be levied against each parcel. All affected property owners
 2471  have the right to appear at the hearing and to file written
 2472  objections with the local governing board (see s. 197.3632(4)(b)
 2473  and (c) and (10)(b)2.b.).
 2474         (f) The right of an exemption recipient to be sent a
 2475  renewal application for that exemption, the right to a receipt
 2476  for homestead exemption claim when filed, and the right to
 2477  notice of denial of the exemption (see ss. 196.011(6),
 2478  196.131(1), 196.151, and 196.193(1)(c) and (5)).
 2479         (g) The right, on property determined not to have been
 2480  entitled to homestead exemption in a prior year, to notice of
 2481  intent from the property appraiser to record notice of tax lien
 2482  and the right to pay tax, penalty, and interest before a tax
 2483  lien is recorded for any prior year (see s. 196.161(1)(b)).
 2484         (h) The right to be informed during the tax collection
 2485  process, including: notice of tax due; notice of back taxes;
 2486  notice of late taxes and assessments and consequences of
 2487  nonpayment; opportunity to pay estimated taxes and non-ad
 2488  valorem assessments when the tax roll will not be certified in
 2489  time; notice when interest begins to accrue on delinquent
 2490  provisional taxes; notice of the right to prepay estimated taxes
 2491  by installment; a statement of the taxpayer’s estimated tax
 2492  liability for use in making installment payments; and notice of
 2493  right to defer taxes and non-ad valorem assessments on homestead
 2494  property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c),
 2495  197.222(3) and (5), 197.2301(3), 197.3632(8)(a),
 2496  193.1145(10)(a), and 197.254(1)). A taxpayer is deemed to have
 2497  waived the right to know if the taxpayer fails to provide
 2498  current contact information to the county property appraiser and
 2499  tax collector.
 2500         (i) The right to an advertisement in a newspaper listing
 2501  names of taxpayers who are delinquent in paying tangible
 2502  personal property taxes, with amounts due, and giving notice
 2503  that interest is accruing at 18 percent and that, unless taxes
 2504  are paid, warrants will be issued, prior to petition made with
 2505  the circuit court for an order to seize and sell property (see
 2506  s. 197.402(2)).
 2507         (j) The right to be mailed notice when a petition has been
 2508  filed with the court for an order to seize and sell property and
 2509  the right to be mailed notice, and to be served notice by the
 2510  sheriff, before the date of sale, that application for tax deed
 2511  has been made and property will be sold unless back taxes are
 2512  paid (see ss. 197.413(5), 197.502(4)(a), and 197.522(1)(a) and
 2513  (2)).
 2514         (k) The right to have certain taxes and special assessments
 2515  levied by special districts individually stated on the “Notice
 2516  of Proposed Property Taxes and Proposed or Adopted Non-Ad
 2517  Valorem Assessments” (see s. 200.069).
 2518         (2) THE RIGHT TO DUE PROCESS.—
 2519         (a) The right to an informal conference with the property
 2520  appraiser to present facts the taxpayer considers to support
 2521  changing the assessment and to have the property appraiser
 2522  present facts supportive of the assessment upon proper request
 2523  of any taxpayer who objects to the assessment placed on his or
 2524  her property (see s. 194.011(2)).
 2525         (b) The right to petition the value adjustment board over
 2526  objections to assessments, denial of exemption, denial of
 2527  agricultural classification, denial of historic classification,
 2528  denial of high-water recharge classification, disapproval of tax
 2529  deferral, and any penalties on deferred taxes imposed for
 2530  incorrect information willfully filed. Payment of estimated
 2531  taxes does not preclude the right of the taxpayer to challenge
 2532  his or her assessment (see ss. 194.011(3), 196.011(6) and
 2533  (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
 2534  193.625(2), 197.2425 197.253(2), 197.301(2), and 197.2301(11)).
 2535         (c) The right to file a petition for exemption or
 2536  agricultural classification with the value adjustment board when
 2537  an application deadline is missed, upon demonstration of
 2538  particular extenuating circumstances for filing late (see ss.
 2539  193.461(3)(a) and 196.011(1), (7), (8), and (9)(d)).
 2540         (d) The right to prior notice of the value adjustment
 2541  board’s hearing date and the right to the hearing within 4 hours
 2542  of scheduled time (see s. 194.032(2)).
 2543         (e) The right to notice of date of certification of tax
 2544  rolls and receipt of property record card if requested (see ss.
 2545  193.122(2) and (3) and 194.032(2)).
 2546         (f) The right, in value adjustment board proceedings, to
 2547  have all evidence presented and considered at a public hearing
 2548  at the scheduled time, to be represented by an attorney or
 2549  agent, to have witnesses sworn and cross-examined, and to
 2550  examine property appraisers or evaluators employed by the board
 2551  who present testimony (see ss. 194.034(1)(a) and (c) and (4),
 2552  and 194.035(2)).
 2553         (g) The right to be mailed a timely written decision by the
 2554  value adjustment board containing findings of fact and
 2555  conclusions of law and reasons for upholding or overturning the
 2556  determination of the property appraiser, and the right to
 2557  advertised notice of all board actions, including appropriate
 2558  narrative and column descriptions, in brief and nontechnical
 2559  language (see ss. 194.034(2) and 194.037(3)).
 2560         (h) The right at a public hearing on non-ad valorem
 2561  assessments or municipal special assessments to provide written
 2562  objections and to provide testimony to the local governing board
 2563  (see ss. 197.3632(4)(c) and 170.08).
 2564         (i) The right to bring action in circuit court to contest a
 2565  tax assessment or appeal value adjustment board decisions to
 2566  disapprove exemption or deny tax deferral (see ss. 194.036(1)(c)
 2567  and (2), 194.171, 196.151, and 197.2425 197.253(2)).
 2568         (3) THE RIGHT TO REDRESS.—
 2569         (a) The right to discounts for early payment on all taxes
 2570  and non-ad valorem assessments collected by the tax collector,
 2571  the right to pay installment payments with discounts, and the
 2572  right to pay delinquent personal property taxes under an
 2573  installment payment program when implemented by the county tax
 2574  collector (see ss. 197.162, 197.3632(8) and (10)(b)3.,
 2575  197.222(1), and 197.4155).
 2576         (b) The right, upon filing a challenge in circuit court and
 2577  paying taxes admitted in good faith to be owing, to be issued a
 2578  receipt and have suspended all procedures for the collection of
 2579  taxes until the final disposition of the action (see s.
 2580  194.171(3)).
 2581         (c) The right to have penalties reduced or waived upon a
 2582  showing of good cause when a return is not intentionally filed
 2583  late, and the right to pay interest at a reduced rate if the
 2584  court finds that the amount of tax owed by the taxpayer is
 2585  greater than the amount the taxpayer has in good faith admitted
 2586  and paid (see ss. 193.072(4) and 194.192(2)).
 2587         (d) The right to a refund when overpayment of taxes has
 2588  been made under specified circumstances (see ss. 193.1145(8)(e)
 2589  and 197.182(1)).
 2590         (e) The right to an extension to file a tangible personal
 2591  property tax return upon making proper and timely request (see
 2592  s. 193.063).
 2593         (f) The right to redeem real property and redeem tax
 2594  certificates at any time before full payment for a tax deed is
 2595  made to the clerk of the court, including documentary stamps and
 2596  recording fees issued, and the right to have tax certificates
 2597  canceled if sold where taxes had been paid or if other error
 2598  makes it void or correctable. Property owners have the right to
 2599  be free from contact by a certificateholder for 2 years after
 2600  April 1 of the year the tax certificate is issued (see ss.
 2601  197.432(13) and (14)(14) and (15), 197.442(1), 197.443, and
 2602  197.472(1) and (7)).
 2603         (g) The right of the taxpayer, property appraiser, tax
 2604  collector, or the department, as the prevailing party in a
 2605  judicial or administrative action brought or maintained without
 2606  the support of justiciable issues of fact or law, to recover all
 2607  costs of the administrative or judicial action, including
 2608  reasonable attorney’s fees, and of the department and the
 2609  taxpayer to settle such claims through negotiations (see ss.
 2610  57.105 and 57.111).
 2611         (4) THE RIGHT TO CONFIDENTIALITY.—
 2612         (a) The right to have information kept confidential,
 2613  including federal tax information, ad valorem tax returns,
 2614  social security numbers, all financial records produced by the
 2615  taxpayer, Form DR-219 returns for documentary stamp tax
 2616  information, and sworn statements of gross income, copies of
 2617  federal income tax returns for the prior year, wage and earnings
 2618  statements (W-2 forms), and other documents (see ss. 192.105,
 2619  193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)).
 2620         (b) The right to limiting access to a taxpayer’s records by
 2621  a property appraiser, the Department of Revenue, and the Auditor
 2622  General only to those instances in which it is determined that
 2623  such records are necessary to determine either the
 2624  classification or the value of taxable nonhomestead property
 2625  (see s. 195.027(3)).
 2626  
 2627  Notwithstanding the right to information contained in this
 2628  section, s. 197.122 applies, and it is the property owner’s
 2629  obligation to obtain the necessary information from the
 2630  applicable governmental officials.
 2631         Section 54. Paragraph (d) of subsection (3) of section
 2632  194.011, Florida Statutes, is amended to read:
 2633         194.011 Assessment notice; objections to assessments.—
 2634         (3) A petition to the value adjustment board must be in
 2635  substantially the form prescribed by the department.
 2636  Notwithstanding s. 195.022, a county officer may not refuse to
 2637  accept a form provided by the department for this purpose if the
 2638  taxpayer chooses to use it. A petition to the value adjustment
 2639  board shall describe the property by parcel number and shall be
 2640  filed as follows:
 2641         (d) The petition may be filed, as to valuation issues, at
 2642  any time during the taxable year on or before the 25th day
 2643  following the mailing of notice by the property appraiser as
 2644  provided in subsection (1). With respect to an issue involving
 2645  the denial of an exemption, an agricultural or high-water
 2646  recharge classification application, an application for
 2647  classification as historic property used for commercial or
 2648  certain nonprofit purposes, or a deferral, the petition must be
 2649  filed at any time during the taxable year on or before the 30th
 2650  day following the mailing of the notice by the property
 2651  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.
 2652  196.193 or notice by the tax collector under s. 197.2425
 2653  197.253.
 2654         Section 55. Subsection (1) of section 194.013, Florida
 2655  Statutes, is amended to read:
 2656         194.013 Filing fees for petitions; disposition; waiver.—
 2657         (1) If so required by resolution of the value adjustment
 2658  board, a petition filed pursuant to s. 194.011 shall be
 2659  accompanied by a filing fee to be paid to the clerk of the value
 2660  adjustment board in an amount determined by the board not to
 2661  exceed $15 for each separate parcel of property, real or
 2662  personal, covered by the petition and subject to appeal.
 2663  However, no such filing fee may be required with respect to an
 2664  appeal from the disapproval of homestead exemption under s.
 2665  196.151 or from the denial of tax deferral under s. 197.2425
 2666  197.253. Only a single filing fee shall be charged under this
 2667  section as to any particular parcel of property despite the
 2668  existence of multiple issues and hearings pertaining to such
 2669  parcel. For joint petitions filed pursuant to s. 194.011(3)(e)
 2670  or (f), a single filing fee shall be charged. Such fee shall be
 2671  calculated as the cost of the special magistrate for the time
 2672  involved in hearing the joint petition and shall not exceed $5
 2673  per parcel. Said fee is to be proportionately paid by affected
 2674  parcel owners.
 2675         Section 56. Subsection (12) of section 196.011, Florida
 2676  Statutes, is amended to read:
 2677         196.011 Annual application required for exemption.—
 2678         (12) Notwithstanding subsection (1), when the owner of
 2679  property otherwise entitled to a religious exemption from ad
 2680  valorem taxation fails to timely file an application for
 2681  exemption, and because of a misidentification of property
 2682  ownership on the property tax roll the owner is not properly
 2683  notified of the tax obligation by the property appraiser and the
 2684  tax collector, the owner of the property may file an application
 2685  for exemption with the property appraiser. The property
 2686  appraiser must consider the application, and if he or she
 2687  determines the owner of the property would have been entitled to
 2688  the exemption had the property owner timely applied, the
 2689  property appraiser must grant the exemption. Any taxes assessed
 2690  on such property shall be canceled, and if paid, refunded. Any
 2691  tax certificates outstanding on such property shall be canceled
 2692  and refund made pursuant to s. 197.432(11) s. 197.432(10).
 2693         Section 57. Section 197.603, Florida Statutes, is created
 2694  to read:
 2695         197.603Declaration of legislative findings and intent.—The
 2696  legislature finds that the state has a strong interest in
 2697  ensuring due process and public confidence in a uniform, fair,
 2698  efficient, and accountable collection of property taxes by
 2699  county tax collectors. Therefore, tax collectors shall be
 2700  supervised by the Department of Revenue pursuant to s.
 2701  195.022(1). Moreover, the Legislature intends that the property
 2702  tax collection authorized by this chapter under s. 9(a), Art.
 2703  VII of the State Constitution, be free from the influence or the
 2704  appearance of influence of the local governments who levy
 2705  property taxes and receive property tax revenues.
 2706         Section 58. Sections 197.202, 197.242, 197.304, 197.3041,
 2707  197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047,
 2708  197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
 2709  197.3077, 197.3078 and 197.3079, Florida Statutes, are repealed.
 2710         Section 59. This act shall take effect July 1, 2009.