1 | A bill to be entitled |
2 | An act relating to partial payment of property taxes; |
3 | amending s. 197.373, F.S.; requiring tax collectors to |
4 | accept payments of portions of amounts billed in tax |
5 | notices; subjecting unpaid amounts to penalties, interest, |
6 | and other processes of law; amending ss. 192.0105, |
7 | 197.432, 197.442, and 197.443, F.S.; conforming |
8 | provisions; providing for construction of the act in pari |
9 | materia with laws enacted during the 2007 Regular Session |
10 | or a 2007 special session of the Legislature; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Section 197.373, Florida Statutes, is amended |
16 | to read: |
17 | 197.373 Payment of portion of taxes.-- |
18 | (1)(a) The tax collector of the county is authorized to |
19 | allow the payment of a part of a tax notice when the part to be |
20 | paid can be ascertained by legal description, such part is under |
21 | a contract for sale or has been transferred to a new owner, and |
22 | the request is made by the person purchasing the property or the |
23 | new 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 |
25 | the tax certificate sale. |
26 | (c)(3) The property appraiser shall within 10 days after |
27 | request from the tax collector apportion the property into the |
28 | parts sought to be paid or redeemed. |
29 | (d)(4) This subsection section does not apply to |
30 | assessments and collections made pursuant to the provisions of |
31 | s. 192.037. |
32 | (2) The tax collector of the county shall accept any |
33 | payment consisting of any portion of the total amount of taxes |
34 | specified in the tax notice by the deadline specified in the tax |
35 | notice. Any portion of the total amount of taxes specified in |
36 | the tax notice remaining unpaid after the deadline specified in |
37 | the tax notice shall be subject to interest and penalties as |
38 | provided by law and other processes of law as provided in this |
39 | chapter. |
40 | Section 2. Paragraph (f) of subsection (3) of section |
41 | 192.0105, Florida Statutes, is amended to read: |
42 | 192.0105 Taxpayer rights.--There is created a Florida |
43 | Taxpayer's Bill of Rights for property taxes and assessments to |
44 | guarantee that the rights, privacy, and property of the |
45 | taxpayers of this state are adequately safeguarded and protected |
46 | during tax levy, assessment, collection, and enforcement |
47 | processes administered under the revenue laws of this state. The |
48 | Taxpayer's Bill of Rights compiles, in one document, brief but |
49 | comprehensive statements that summarize the rights and |
50 | obligations of the property appraisers, tax collectors, clerks |
51 | of the court, local governing boards, the Department of Revenue, |
52 | and taxpayers. Additional rights afforded to payors of taxes and |
53 | assessments imposed under the revenue laws of this state are |
54 | provided in s. 213.015. The rights afforded taxpayers to assure |
55 | that their privacy and property are safeguarded and protected |
56 | during tax levy, assessment, and collection are available only |
57 | insofar as they are implemented in other parts of the Florida |
58 | Statutes or rules of the Department of Revenue. The rights so |
59 | guaranteed to state taxpayers in the Florida Statutes and the |
60 | departmental rules include: |
61 | (3) THE RIGHT TO REDRESS.-- |
62 | (f) The right to redeem real property and redeem tax |
63 | certificates at any time before a tax deed is issued, and the |
64 | right to have tax certificates canceled if sold where taxes had |
65 | been fully paid or if other error makes it void or correctable. |
66 | Property owners have the right to be free from contact by a |
67 | certificateholder for 2 years (see ss. 197.432(14) and (15), |
68 | 197.442(1), 197.443, and 197.472(1) and (7)). |
69 | Section 3. Subsection (1) of section 197.432, Florida |
70 | Statutes, 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 |
73 | the notice of the sale, the tax collector shall commence the |
74 | sale of tax certificates on those lands on which taxes have not |
75 | been fully paid, and he or she shall continue the sale from day |
76 | to day until each certificate is sold to pay the unpaid taxes, |
77 | interest, costs, and charges on the parcel described in the |
78 | certificate. In case there are no bidders, the certificate shall |
79 | be issued to the county. The tax collector shall offer all |
80 | certificates on the lands as they are assessed. |
81 | Section 4. Section 197.442, Florida Statutes, is amended |
82 | to read: |
83 | 197.442 Tax collector not to sell certificates on land on |
84 | which taxes have been fully paid; penalty.-- |
85 | (1) If a tax collector sells tax certificates on land upon |
86 | which the taxes have been fully paid, upon written demand by the |
87 | aggrieved taxpayer alleging the circumstances, the tax collector |
88 | shall initiate action to cancel any improperly issued tax |
89 | certificate or deed in accordance with the provisions of s. |
90 | 197.443. If the tax collector fails to act within a reasonable |
91 | time, his or her office shall be liable for all legitimate |
92 | expenses which the aggrieved taxpayer may spend in clearing his |
93 | or her title, including a reasonable attorney's fee. |
94 | (2) The office of the tax collector shall be responsible |
95 | to the publisher for costs of advertising lands on which the |
96 | taxes have been fully paid, and the office of the property |
97 | appraiser shall be responsible to the publisher for the costs of |
98 | advertising lands doubly assessed or assessed in error. |
99 | Section 5. Paragraph (a) of subsection (1) of section |
100 | 197.443, Florida Statutes, is amended to read: |
101 | 197.443 Cancellation of void tax certificates; correction |
102 | of tax certificates; procedure.-- |
103 | (1) When a tax certificate on lands has been sold for |
104 | unpaid taxes and: |
105 | (a) The tax certificate evidencing the sale is void |
106 | because the taxes on the lands have been fully paid; |
107 |
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108 | the tax collector shall forward a certificate of such error to |
109 | the department and enter upon the list of certificates sold for |
110 | taxes a memorandum of such error. The department, upon receipt |
111 | of such certificate, if satisfied of the correctness of the |
112 | certificate of error or upon receipt of a court order, shall |
113 | notify the tax collector, who shall cancel or correct the |
114 | certificate. |
115 | Section 6. If any law amended by this act was also amended |
116 | by a law enacted during the 2007 Regular Session or a 2007 |
117 | special session of the Legislature, such laws shall be construed |
118 | as if they had been enacted at the same session of the |
119 | Legislature, and full effect shall be given to each if possible. |
120 | Section 7. This act shall take effect January 1, 2008. |