1 | A bill to be entitled |
2 | An act relating to local government revenue collections; |
3 | creating s. 215.135, F.S.; authorizing local governments |
4 | and tax collectors to contract with private attorneys or |
5 | collection agents to collect certain delinquent revenues; |
6 | providing for adding contract costs to delinquent |
7 | accounts; providing a limitation; providing for inclusion |
8 | of certain amounts as a part of underlying tax liens under |
9 | certain circumstances; requiring tax collectors to notify |
10 | owners of delinquent accounts of intent to refer accounts |
11 | to a private attorney or collection agent for collection |
12 | and add collection costs to the accounts; authorizing tax |
13 | collectors to recover attorney or collection agent |
14 | collection fees on certain existing proceedings; providing |
15 | a limitation; specifying taxpayer liability for unpaid |
16 | delinquent property taxes, penalties, costs, fees, and |
17 | interest; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 215.135, Florida Statutes, is created |
22 | to read: |
23 | 215.135 Collection of delinquent financial obligations |
24 | owed to units of local government.-- |
25 | (1) In addition to other provisions of law relating to the |
26 | collection of financial obligations owed to units of local |
27 | government, the governing body of a unit of local government may |
28 | contract with a private attorney or collection agent for the |
29 | collection of non-ad valorem taxes and any fees, service |
30 | charges, fines, costs, and other amounts that remain unpaid for |
31 | 90 days after the due date. The tax collector may also contract |
32 | with a private attorney or collection agent for the collection |
33 | of tangible personal property taxes that remain unpaid for 90 |
34 | days after the delinquency date. |
35 | (2) The collection fee, including any reasonable |
36 | attorney's fee, paid to any private attorney or collection agent |
37 | may be added to any account referred for collection pursuant to |
38 | this section and may not exceed 40 percent of the amount owed. A |
39 | collection fee added to a delinquent tangible personal property |
40 | tax account shall become part of the underlying tax lien arising |
41 | under s. 197.122(1). |
42 | (3) A tax collector that elects to add the collection fee |
43 | to the total amount owed shall, at least 30 days prior to |
44 | referral to a private attorney or collection agent, notify the |
45 | individual that delinquent accounts may be referred to a private |
46 | attorney or collection agent for collection and that such |
47 | attorney's or agent's compensation and other costs, including, |
48 | but not limited to, court costs, may be added to the total |
49 | amount owed by the individual on the accounts. |
50 | (4) In a warrant or other action on proceedings that |
51 | include unpaid tangible personal property taxes for the current |
52 | year to which the collection fee has not yet attached, and for |
53 | which the tax collector has contracted with a private attorney |
54 | or collection agent, the tax collector may recover attorney or |
55 | collection fees in an amount equal to 20 percent of the amount |
56 | of taxes, penalties, and interest on those current year taxes |
57 | adjudged due by the court. |
58 | (5) Upon delinquency, the taxpayer shall be liable for all |
59 | unpaid delinquent personal property taxes, penalties, costs, |
60 | fees, and interest due. |
61 | Section 2. This act shall take effect July 1, 2009. |