HB 21B

1
A bill to be entitled
2An act relating to partial payment of property taxes;
3amending s. 197.373, F.S.; requiring tax collectors to
4accept payments of portions of amounts billed in tax
5notices; subjecting unpaid amounts to penalties, interest,
6and other processes of law; amending ss. 192.0105,
7197.432, 197.442, and 197.443, F.S.; conforming
8provisions; providing for construction of the act in pari
9materia with laws enacted during the 2007 Regular Session
10or a 2007 special session of the Legislature; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Section 197.373, Florida Statutes, is amended
16to read:
17     197.373  Payment of portion of taxes.--
18     (1)(a)  The tax collector of the county is authorized to
19allow the payment of a part of a tax notice when the part to be
20paid can be ascertained by legal description, such part is under
21a contract for sale or has been transferred to a new owner, and
22the request is made by the person purchasing the property or the
23new owner or someone acting on behalf of the purchaser or owner.
24     (b)(2)  The request must be made at least 15 days prior to
25the tax certificate sale.
26     (c)(3)  The property appraiser shall within 10 days after
27request from the tax collector apportion the property into the
28parts sought to be paid or redeemed.
29     (d)(4)  This subsection section does not apply to
30assessments and collections made pursuant to the provisions of
31s. 192.037.
32     (2)  The tax collector of the county shall accept any
33payment consisting of any portion of the total amount of taxes
34specified in the tax notice by the deadline specified in the tax
35notice. Any portion of the total amount of taxes specified in
36the tax notice remaining unpaid after the deadline specified in
37the tax notice shall be subject to interest and penalties as
38provided by law and other processes of law as provided in this
39chapter.
40     Section 2.  Paragraph (f) of subsection (3) of section
41192.0105, Florida Statutes, is amended to read:
42     192.0105  Taxpayer rights.--There is created a Florida
43Taxpayer's Bill of Rights for property taxes and assessments to
44guarantee that the rights, privacy, and property of the
45taxpayers of this state are adequately safeguarded and protected
46during tax levy, assessment, collection, and enforcement
47processes administered under the revenue laws of this state. The
48Taxpayer's Bill of Rights compiles, in one document, brief but
49comprehensive statements that summarize the rights and
50obligations of the property appraisers, tax collectors, clerks
51of the court, local governing boards, the Department of Revenue,
52and taxpayers. Additional rights afforded to payors of taxes and
53assessments imposed under the revenue laws of this state are
54provided in s. 213.015. The rights afforded taxpayers to assure
55that their privacy and property are safeguarded and protected
56during tax levy, assessment, and collection are available only
57insofar as they are implemented in other parts of the Florida
58Statutes or rules of the Department of Revenue. The rights so
59guaranteed to state taxpayers in the Florida Statutes and the
60departmental rules include:
61     (3)  THE RIGHT TO REDRESS.--
62     (f)  The right to redeem real property and redeem tax
63certificates at any time before a tax deed is issued, and the
64right to have tax certificates canceled if sold where taxes had
65been fully paid or if other error makes it void or correctable.
66Property owners have the right to be free from contact by a
67certificateholder for 2 years (see ss. 197.432(14) and (15),
68197.442(1), 197.443, and 197.472(1) and (7)).
69     Section 3.  Subsection (1) of section 197.432, Florida
70Statutes, is amended to read:
71     197.432  Sale of tax certificates for unpaid taxes.--
72     (1)  On the day and approximately at the time designated in
73the notice of the sale, the tax collector shall commence the
74sale of tax certificates on those lands on which taxes have not
75been fully paid, and he or she shall continue the sale from day
76to day until each certificate is sold to pay the unpaid taxes,
77interest, costs, and charges on the parcel described in the
78certificate. In case there are no bidders, the certificate shall
79be issued to the county. The tax collector shall offer all
80certificates on the lands as they are assessed.
81     Section 4.  Section 197.442, Florida Statutes, is amended
82to read:
83     197.442  Tax collector not to sell certificates on land on
84which taxes have been fully paid; penalty.--
85     (1)  If a tax collector sells tax certificates on land upon
86which the taxes have been fully paid, upon written demand by the
87aggrieved taxpayer alleging the circumstances, the tax collector
88shall initiate action to cancel any improperly issued tax
89certificate or deed in accordance with the provisions of s.
90197.443. If the tax collector fails to act within a reasonable
91time, his or her office shall be liable for all legitimate
92expenses which the aggrieved taxpayer may spend in clearing his
93or her title, including a reasonable attorney's fee.
94     (2)  The office of the tax collector shall be responsible
95to the publisher for costs of advertising lands on which the
96taxes have been fully paid, and the office of the property
97appraiser shall be responsible to the publisher for the costs of
98advertising lands doubly assessed or assessed in error.
99     Section 5.  Paragraph (a) of subsection (1) of section
100197.443, Florida Statutes, is amended to read:
101     197.443  Cancellation of void tax certificates; correction
102of tax certificates; procedure.--
103     (1)  When a tax certificate on lands has been sold for
104unpaid taxes and:
105     (a)  The tax certificate evidencing the sale is void
106because the taxes on the lands have been fully paid;
107
108the tax collector shall forward a certificate of such error to
109the department and enter upon the list of certificates sold for
110taxes a memorandum of such error. The department, upon receipt
111of such certificate, if satisfied of the correctness of the
112certificate of error or upon receipt of a court order, shall
113notify the tax collector, who shall cancel or correct the
114certificate.
115     Section 6.  If any law amended by this act was also amended
116by a law enacted during the 2007 Regular Session or a 2007
117special session of the Legislature, such laws shall be construed
118as if they had been enacted at the same session of the
119Legislature, and full effect shall be given to each if possible.
120     Section 7.  This act shall take effect January 1, 2008.


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