Senate Bill sb1272

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1272

    By Senator Margolis





    35-906-06

  1                      A bill to be entitled

  2         An act relating to the duties of a tax

  3         collector; amending s. 197.333, F.S.; requiring

  4         that taxpayers be informed of potential

  5         additional costs of allowing personal property

  6         taxes to become delinquent; amending s.

  7         197.413, F.S.; providing that a taxpayer is

  8         personally liable for unpaid tangible personal

  9         property taxes; expanding the tax collectors'

10         discretionary powers to collect delinquent

11         personal property taxes; allowing the tax

12         collector to employ a private attorney to

13         collect such delinquent taxes and the penalty

14         and interest thereon; providing for such an

15         attorney's compensation; providing an effective

16         date.

17  

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

19  

20         Section 1.  Section 197.333, Florida Statutes, is

21  amended to read:

22         197.333  When taxes due; delinquent.--

23         (1)  All taxes shall be due and payable on November 1

24  of each year or as soon thereafter as the certified tax roll

25  is received by the tax collector.  Taxes shall become

26  delinquent on April 1 following the year in which they are

27  assessed or immediately after 60 days have expired from the

28  mailing of the original tax notice, whichever is later.  If

29  the delinquency date for ad valorem taxes is later than April

30  1 of the year following the year in which taxes are assessed,

31  all dates or time periods specified in this chapter relative

                                  1

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






    Florida Senate - 2006                                  SB 1272
    35-906-06




 1  to the collection of, or administrative procedures regarding,

 2  delinquent taxes shall be extended a like number of days.

 3         (2)  The original tax notice must inform the taxpayer

 4  that:

 5         (a)  Any tangible personal property tax, penalty, and

 6  interest remaining unpaid as of August 1 of the year following

 7  the year of assessment may be referred to a private attorney

 8  for collection; and

 9         (b)  Such a private attorney's compensation and certain

10  other costs, including court costs and the cost of

11  advertising, will be added to the total amount owed by the

12  delinquent taxpayer.

13         Section 2.  Subsections (1) and (3) of section 197.413,

14  Florida Statutes, are amended to read:

15         197.413  Delinquent personal property taxes; warrants;

16  court order for levy and seizure of personal property;

17  seizure; fees of tax collectors.--

18         (1)  Prior to May 1 of each year immediately following

19  the year of assessment, the tax collector shall prepare a list

20  of the unpaid personal property taxes containing the names and

21  addresses of the taxpayers and the property subject to the tax

22  as the same appear on the tax roll. At any time after the tax

23  becomes delinquent Prior to April 30 of the next year, the tax

24  collector shall prepare warrants against the delinquent

25  taxpayers providing for the levy upon, and seizure of,

26  tangible personal property. Court costs and the cost of

27  advertising delinquent tax shall be added to the delinquent

28  taxes at the time of advertising. The tax collector is not

29  required to issue warrants if delinquent taxes are less than

30  $50. However, such taxes shall remain due and payable. A

31  delinquent taxpayer is personally liable for unpaid tangible

                                  2

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






    Florida Senate - 2006                                  SB 1272
    35-906-06




 1  personal property taxes. Any current taxes assessed against

 2  the delinquent property and remaining unpaid but not yet

 3  delinquent may be included in a warrant to collect delinquent

 4  tangible personal property taxes.

 5         (3)  The tax collector may employ counsel, and agree

 6  upon the counsel's compensation, for conducting such suit or

 7  suits and may pay such compensation out of the general office

 8  expense fund and include such item in the budget.

 9  Alternatively, the tax collector may contract with a private

10  attorney to collect by suit or otherwise all delinquent

11  tangible personal property taxes, including those that become

12  delinquent after the contract commences and that remain unpaid

13  on August 1 of the year immediately following the year of

14  assessment. The private attorney's compensation may not exceed

15  33 percent of the total amount of the delinquent taxes,

16  penalty, and interest collected and, in order to defray the

17  expense of the private attorney's compensation for collecting

18  those taxes that become delinquent after the attorney's

19  contract commences, a collection fee not to exceed 33 percent

20  of the amount of the delinquent taxes, penalty, and interest

21  owed must be added to all personal property taxes, penalty,

22  and interest remaining unpaid on August 1. The attorney's

23  compensation for collecting taxes that became delinquent

24  before the attorney's contract commenced may be paid out of

25  the amount of the taxes, penalty, and interest actually

26  collected by the tax collector. In a warrant or other action

27  on proceedings that include delinquent and unpaid taxes for

28  the current year to which the collection fee has not yet

29  attached, the tax collector may recover for the benefit of a

30  private attorney, if any, attorney's fees not exceeding 33

31  

                                  3

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






    Florida Senate - 2006                                  SB 1272
    35-906-06




 1  percent of the amount of the taxes, penalty, and interest set

 2  out in the warrant or other action.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires that taxpayers be informed of potential
      additional costs of allowing personal property taxes to
 9    become delinquent. Provides that a taxpayer is personally
      liable for unpaid tangible personal property taxes.
10    Expands the tax collectors' discretionary powers to
      collect delinquent personal property taxes. Allows the
11    tax collector to employ a private attorney to collect
      such delinquent taxes and the penalty and interest
12    thereon. Provides for such an attorney's compensation.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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