Florida Senate - 2010                                    SB 2450
       
       
       
       By Senator Bennett
       
       
       
       
       21-01828-10                                           20102450__
    1                        A bill to be entitled                      
    2         An act relating to the assessment of property for back
    3         taxes; amending s. 193.092, F.S.; creating an
    4         exception from the assessment of back taxes on
    5         property that was not assessed by a property
    6         appraiser; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 193.092, Florida Statutes, is amended to
   11  read:
   12         193.092 Assessment of property for back taxes.—
   13         (1) When it shall appear that any ad valorem tax might have
   14  been lawfully assessed or collected upon any property in the
   15  state, but that such tax was not lawfully assessed or levied,
   16  and has not been collected for any year within a period of 3
   17  years next preceding the year in which it is ascertained that
   18  such tax has not been assessed, or levied, or collected, then
   19  the officers authorized shall make the assessment of taxes upon
   20  such property in addition to the assessment of such property for
   21  the current year, and shall assess the same separately for such
   22  property as may have escaped taxation at and upon the basis of
   23  valuation applied to such property for the year or years in
   24  which it escaped taxation, noting distinctly the year when such
   25  property escaped taxation and such assessment shall have the
   26  same force and effect as it would have had if it had been made
   27  in the year in which the property shall have escaped taxation,
   28  and taxes shall be levied and collected thereon in like manner
   29  and together with taxes for the current year in which the
   30  assessment is made. But no property shall be assessed for more
   31  than 3 years’ arrears of taxation, and all property so escaping
   32  taxation shall be subject to such taxation to be assessed in
   33  whomsoever’s hands or possession the same may be found, except
   34  that property acquired by a bona fide purchaser who was without
   35  knowledge of the escaped taxation shall not be subject to
   36  assessment for taxes for any time prior to the time of such
   37  purchase, but it is the duty of the property appraiser making
   38  such assessment to serve upon the previous owner a notice of
   39  intent to record in the public records of the county a notice of
   40  tax lien against any property owned by that person in the
   41  county. Any property owned by such previous owner which is
   42  situated in this state is subject to the lien of such assessment
   43  in the same manner as a recorded judgment. Before any such lien
   44  may be recorded, the owner so notified must be given 30 days to
   45  pay the taxes, penalties, and interest. Once recorded, such lien
   46  may be recorded in any county in this state and shall constitute
   47  a lien on any property of such person in such county in the same
   48  manner as a recorded judgment, and may be enforced by the tax
   49  collector using all remedies pertaining to same; provided, that
   50  the county property appraiser shall not assess any lot or parcel
   51  of land certified or sold to the state for any previous years
   52  unless such lot or parcel of lands so certified or sold shall be
   53  included in the list furnished by the Chief Financial Officer to
   54  the county property appraiser as provided by law; provided, if
   55  real or personal property be assessed for taxes, and because of
   56  litigation delay ensues and the assessment be held invalid the
   57  taxing authorities, may reassess such property within the time
   58  herein provided after the termination of such litigation;
   59  provided further, that personal property acquired in good faith
   60  by purchase shall not be subject to assessment for taxes for any
   61  time prior to the time of such purchase, but the individual or
   62  corporation liable for any such assessment shall continue
   63  personally liable for same. As used in this subsection, the term
   64  “bona fide purchaser” means a purchaser for value, in good
   65  faith, before certification of such assessment of back taxes to
   66  the tax collector for collection.
   67         (2) This section applies to property of every class and
   68  kind upon which ad valorem tax is assessable by any state or
   69  county authority under the laws of the state.
   70         (3)The provisions of this section which require the
   71  retroactive assessment and collection of taxes do not apply if:
   72         (a)With respect to a building, structure, or other
   73  improvement to land that was not assessed previously, the owner
   74  complied with all permitting requirements when the improvement
   75  was built; or
   76         (b)With respect to real property that was not assessed,
   77  the owner voluntarily disclosed to the property appraiser the
   78  existence of the property before January 1 of the year in which
   79  the property is first assessed. The disclosure must be made on a
   80  form provided by the property appraiser.
   81         Section 2. This act shall take effect July 1, 2010.