House Bill 0737

    Florida House of Representatives - 1999                 HB 737

        By Representative A. Greene






  1                      A bill to be entitled

  2         An act relating to property taxes amending s.

  3         197.432, F.S.; prohibiting holders of tax

  4         certificates from contacting the owner of the

  5         property upon which a tax certificate is issued

  6         until the expiration of a specified time;

  7         providing a penalty; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsections (14) and (15) of section

13  197.432, Florida Statutes, 1998 Supplement, are amended to

14  read:

15         197.432  Sale of tax certificates for unpaid taxes.--

16         (14)  The holder of a tax certificate may not directly,

17  through an agent, or otherwise initiate contact with the owner

18  of property upon which he or she holds a tax certificate to

19  encourage or demand payment until 2 years have elapsed since

20  April 1 of the year of issuance of the tax certificate.

21         (15)  Any holder of a tax certificate who, prior to the

22  date 2 years after April 1 of the year of issuance of the tax

23  certificate, initiates, or whose agent initiates, contact with

24  the property owner upon which he or she holds a certificate

25  encouraging or demanding payment may be barred by the tax

26  collector from bidding at a tax certificate sale. Unfair or

27  deceptive contact by the holder of a tax certificate to a

28  property owner to obtain payment is an unfair and deceptive

29  trade practice, as referenced in s. 501.204(1), regardless of

30  whether the holder of the tax certificate redeems the tax

31  certificate. Such unfair or deceptive contact is actionable

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 737

    512-153-99






  1  under ss. 501.2075-501.211. If the holder of the tax

  2  certificate later redeems the certificate in reliance on the

  3  deceptive or unfair practice, the unfair or deceptive contact

  4  is actionable under applicable laws prohibiting fraud.

  5         Section 2.  This act shall take effect July 1, 1999.

  6

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  8                          SENATE SUMMARY

  9    Prohibits the holder of a tax certificate from contacting
      the owner of the property upon which the certificate has
10    been issued until 2 years have elapsed since April 1 of
      the year of issuance of the tax certificate. Provides
11    that a certificate holder who violates the prohibition
      may be barred from bidding at a tax certificate sale. An
12    unfair or deceptive contact by the holder is an unfair
      and deceptive trade practice.
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