Senate Bill 0766

    Florida Senate - 2000                                   SB 766

    By Senator Horne





    6-614-00

  1                      A bill to be entitled

  2         An act relating to tax deeds; amending s.

  3         197.502, F.S.; authorizing the tax collector to

  4         contract with a title or abstract company to

  5         provide information concerning property

  6         described in a tax certificate; authorizing the

  7         tax collector to pay a reasonable fee for this

  8         information; providing that the amount of any

  9         fee paid for this information must be added to

10         the opening bid for a tax deed for the

11         property; providing an effective date.

12

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

14

15         Section 1.  Subsection (5) of section 197.502, Florida

16  Statutes, is amended to read:

17         197.502  Application for obtaining tax deed by holder

18  of tax sale certificate; fees.--

19         (5)(a)  The tax collector may contract with a title

20  company or an abstract company at a reasonable fee to provide

21  the minimum information required in subsection (4), consistent

22  with rules adopted by the department. If additional

23  information is required, the tax collector must make a written

24  request to the title or abstract company stating the

25  additional requirements. The tax collector may select any

26  title or abstract company, regardless of its location, as long

27  as the fee is reasonable, the minimum information is

28  submitted, and the title or abstract company is authorized to

29  do business in this state. The tax collector may advertise and

30  accept bids for the title or abstract company if he or she

31  considers it appropriate to do so.

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






    Florida Senate - 2000                                   SB 766
    6-614-00




  1         1.  The ownership and encumbrance report must be

  2  printed or typed on stationery or other paper showing a

  3  letterhead of the person, firm, or company that makes the

  4  search, and the signature of the person who makes the search

  5  or of an officer of the firm must be attached. The tax

  6  collector is not liable for payment to the firm unless these

  7  requirements are met.

  8         2.  The tax collector may not accept or pay for any

  9  title search or abstract if no financial responsibility is

10  assumed for the search. However, reasonable restrictions as to

11  the liability or responsibility of the title or abstract

12  company are acceptable.

13         3.  In order to establish uniform prices for ownership

14  and encumbrance reports within the county, the tax collector

15  shall ensure that the contract for ownership and encumbrance

16  reports include all requests for title searches or abstracts

17  for a given period of time.

18         (b)  Any fee paid for any title search or abstract must

19  be collected at the time of application under section (1), and

20  the amount of the fee must be added to the opening bid.

21         (c)  The clerk shall advertise and administer the sale

22  and receive such fees for the issuance of the deed and sale of

23  the property as are provided in s. 28.24.

24         Section 2.  This act shall take effect July 1, 2000.

25

26            *****************************************

27                          SENATE SUMMARY

28    Authorizes the tax collector to contract with a title
      company or an abstract company to provide information
29    concerning property described in a tax certificate.
      Authorizes the tax collector to pay a reasonable fee for
30    this information. Provides that the amount of any fee
      paid for this information must be added to the opening
31    bid for a tax deed for the property.

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