Senate Bill 0986er

    ENROLLED

    1999 Legislature                                 CS for SB 986



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  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; amending s. 197.482, F.S.;

  8         providing for the date to begin timing a

  9         limitation on a tax certificate; providing an

10         effective date.

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

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

15  197.432, Florida Statutes, 1998 Supplement, are amended to

16  read:

17         197.432  Sale of tax certificates for unpaid taxes.--

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

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

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

21  encourage or demand payment until 2 years have elapsed since

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

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

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

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

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

27  encouraging or demanding payment may be barred by the tax

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

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

30  property owner to obtain payment is an unfair and deceptive

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


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




    ENROLLED

    1999 Legislature                                 CS for SB 986



  1  whether the tax certificate is redeemed holder of the tax

  2  certificate redeems the tax certificate. Such unfair or

  3  deceptive contact is actionable under ss. 501.2075-501.211. If

  4  the property owner holder of the tax certificate later redeems

  5  the certificate in reliance on the deceptive or unfair

  6  practice, the unfair or deceptive contact is actionable under

  7  applicable laws prohibiting fraud.

  8         Section 2.  Subsection (1) of section 197.482, Florida

  9  Statutes, is amended to read:

10         197.482  Limitation upon lien of tax certificate.--

11         (1)  After the expiration of 7 years from the date of

12  issuance, which is the date of the first day of the tax

13  certificate sale as advertised under s. 197.432, of a tax

14  certificate, if a tax deed has not been applied for on the

15  property covered by the certificate, and no other

16  administrative or legal proceeding has existed of record, the

17  tax certificate is null and void, and the tax collector shall

18  cancel the tax certificate, noting the date of the

19  cancellation of the tax certificate upon all appropriate

20  records in his or her office.  The tax collector shall

21  complete the cancellation by entering opposite the record of

22  the 7-year-old tax certificate a notation in substantially the

23  following form: "Canceled by Act of 1973 Florida Legislature."

24  All certificates outstanding July 1, 1973, shall have a life

25  of 20 years from the date of issue.  This subsection does not

26  apply to deferred payment tax certificates.

27         Section 3.  This act shall take effect July 1, 1999.

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