Senate Bill 0986
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 986
By Senator Rossin
35-559-99
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.
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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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 986
35-559-99
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.
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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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