HB 1279

1
A bill to be entitled
2An act relating to local government revenue collections;
3creating s. 215.135, F.S.; authorizing local governments
4and tax collectors to contract with private attorneys or
5collection agents to collect certain delinquent revenues;
6providing for adding contract costs to delinquent
7accounts; providing a limitation; providing for inclusion
8of certain amounts as a part of underlying tax liens under
9certain circumstances; requiring tax collectors to notify
10owners of delinquent accounts of intent to refer accounts
11to a private attorney or collection agent for collection
12and add collection costs to the accounts; authorizing tax
13collectors to recover attorney or collection agent
14collection fees on certain existing proceedings; providing
15a limitation; specifying taxpayer liability for unpaid
16delinquent property taxes, penalties, costs, fees, and
17interest; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 215.135, Florida Statutes, is created
22to read:
23     215.135  Collection of delinquent financial obligations
24owed to units of local government.--
25     (1)  In addition to other provisions of law relating to the
26collection of financial obligations owed to units of local
27government, the governing body of a unit of local government may
28contract with a private attorney or collection agent for the
29collection of non-ad valorem taxes and any fees, service
30charges, fines, costs, and other amounts that remain unpaid for
3190 days after the due date. The tax collector may also contract
32with a private attorney or collection agent for the collection
33of tangible personal property taxes that remain unpaid for 90
34days after the delinquency date.
35     (2)  The collection fee, including any reasonable
36attorney's fee, paid to any private attorney or collection agent
37may be added to any account referred for collection pursuant to
38this section and may not exceed 40 percent of the amount owed. A
39collection fee added to a delinquent tangible personal property
40tax account shall become part of the underlying tax lien arising
41under s. 197.122(1).
42     (3)  A tax collector that elects to add the collection fee
43to the total amount owed shall, at least 30 days prior to
44referral to a private attorney or collection agent, notify the
45individual that delinquent accounts may be referred to a private
46attorney or collection agent for collection and that such
47attorney's or agent's compensation and other costs, including,
48but not limited to, court costs, may be added to the total
49amount owed by the individual on the accounts.
50     (4)  In a warrant or other action on proceedings that
51include unpaid tangible personal property taxes for the current
52year to which the collection fee has not yet attached, and for
53which the tax collector has contracted with a private attorney
54or collection agent, the tax collector may recover attorney or
55collection fees in an amount equal to 20 percent of the amount
56of taxes, penalties, and interest on those current year taxes
57adjudged due by the court.
58     (5)  Upon delinquency, the taxpayer shall be liable for all
59unpaid delinquent personal property taxes, penalties, costs,
60fees, and interest due.
61     Section 2.  This act shall take effect July 1, 2009.


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