Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2190
       
       
       
       
       
       
                                Barcode 106868                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/06/2009           .                                
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       The Committee on Community Affairs (Altman) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 197.102, Florida Statutes, is amended to
    6  read:
    7         197.102 Definitions.—As used in this chapter, the following
    8  definitions apply, unless the context clearly requires
    9  otherwise:
   10         (1)“Awarded” means the time when the tax collector or a
   11  designee determines and announces verbally or through the
   12  closing of the bid process in an electronic auction that a buyer
   13  has placed the winning bid at a tax certificate sale.
   14         (2)(1) “Department,” unless otherwise specified, means the
   15  Department of Revenue.
   16         (3)(2) “Omitted taxes” means those taxes which have not
   17  been extended on the tax roll against a parcel of property after
   18  the property has been placed upon the list of lands available
   19  for taxes pursuant to s. 197.502.
   20         (4) “Proxy bidding” means a method of bidding by which a
   21  bidder authorizes an agent, whether an individual or an
   22  electronic agent, to place bids on his or her behalf.
   23         (5) “Random number generator” means a computational device
   24  designed to generate a sequence of numbers that lack any pattern
   25  and is used to resolve a tie when multiple bidders have bid the
   26  same lowest amount by assigning a number to each of the tied
   27  bidders and randomly determining which one of those numbers is
   28  the winner.
   29         (6)(3) “Tax certificate” means a paper or electronic legal
   30  document, representing unpaid delinquent real property taxes,
   31  non-ad valorem assessments, including special assessments,
   32  interest, and related costs and charges, issued in accordance
   33  with this chapter against a specific parcel of real property and
   34  becoming a first lien thereon, superior to all other liens,
   35  except as provided by s. 197.573(2).
   36         (7)(4) “Tax notice” means the paper or electronic tax bill
   37  sent to taxpayers for payment of any taxes or special
   38  assessments collected pursuant to this chapter, or the bill sent
   39  to taxpayers for payment of the total of ad valorem taxes and
   40  non-ad valorem assessments collected pursuant to s. 197.3632.
   41         (8)(5) “Tax receipt” means the paid tax notice.
   42         (9)(6) “Tax rolls” and “assessment rolls” are synonymous
   43  and mean the rolls prepared by the property appraiser pursuant
   44  to chapter 193 and certified pursuant to s. 193.122.
   45         (10)(7)However, when a local government uses the method
   46  set forth in s. 197.3632, the following definitions shall apply:
   47         (a) “Ad valorem tax roll” means the roll prepared by the
   48  property appraiser and certified to the tax collector for
   49  collection.
   50         (b) “Non-ad valorem assessment roll” means a roll prepared
   51  by a local government and certified to the tax collector for
   52  collection.
   53         Section 2. Section 197.122, Florida Statutes, is amended to
   54  read:
   55         197.122 Lien of taxes; dates; application.—
   56         (1) All taxes imposed pursuant to the State Constitution
   57  and laws of this state shall be a first lien, superior to all
   58  other liens, on any property against which the taxes have been
   59  assessed and shall continue in full force from January 1 of the
   60  year the taxes were levied until discharged by payment or until
   61  barred under chapter 95. If All personal property tax liens, to
   62  the extent that the property to which the lien applies cannot be
   63  located in the county or to the extent that the sale of the
   64  property is insufficient to pay all delinquent taxes, interest,
   65  fees, and costs due, a personal property tax lien shall apply be
   66  liens against all other personal property of the taxpayer in the
   67  county. However, a lien such liens against other personal
   68  property does shall not apply against such property that which
   69  has been sold, and is such liens against other personal property
   70  shall be subordinate to any valid prior or subsequent liens
   71  against such other property. An No act of omission or commission
   72  on the part of a any property appraiser, tax collector, board of
   73  county commissioners, clerk of the circuit court, or county
   74  comptroller, or their deputies or assistants, or newspaper in
   75  which an any advertisement of sale may be published does not
   76  shall operate to defeat the payment of taxes, interest, fees,
   77  and costs due and; but any acts of omission or commission may be
   78  corrected at any time by the officer or party responsible for
   79  them in the same like manner as provided by law for performing
   80  acts in the first place., and When so corrected, they shall be
   81  considered construed as valid ab initio and do not shall in no
   82  way affect any process by law for the enforcement of the
   83  collection of the any tax. All owners of property are shall be
   84  held to know that taxes are due and payable annually and are
   85  responsible for charged with the duty of ascertaining the amount
   86  of current and delinquent taxes and paying them before April 1
   87  of the year following the year in which taxes are assessed. No
   88  sale or conveyance of real or personal property for nonpayment
   89  of taxes shall be held invalid except upon proof that:
   90         (a) The property was not subject to taxation;
   91         (b) The taxes were had been paid before the sale of
   92  personal property; or
   93         (c) The real property was had been redeemed before receipt
   94  by the clerk of the court for full payment the execution and
   95  delivery of a deed based upon a certificate issued for
   96  nonpayment of taxes, including all recording fees and
   97  documentary stamps.
   98         (2) A lien created through the sale of a tax certificate
   99  may not be foreclosed or enforced in any manner except as
  100  prescribed in this chapter.
  101         (3) A property appraiser shall may also correct a material
  102  mistake of fact relating to an essential condition of the
  103  subject property to reduce an assessment that if to do so
  104  requires only the exercise of judgment as to the effect of the
  105  mistake of fact on the assessed or taxable value of that mistake
  106  of fact.
  107         (a) As used in this subsection, the term “an essential
  108  condition of the subject property” means a characteristic of the
  109  subject parcel, including only:
  110         1. Environmental restrictions, zoning restrictions, or
  111  restrictions on permissible use;
  112         2. Acreage;
  113         3. Wetlands or other environmental lands that are or have
  114  been restricted in use because of such environmental features;
  115         4. Access to usable land;
  116         5. Any characteristic of the subject parcel which
  117  characteristic, in the property appraiser’s opinion, caused the
  118  appraisal to be clearly erroneous; or
  119         6. Depreciation of the property that was based on a latent
  120  defect of the property which existed but was not readily
  121  discernible by inspection on January 1, but not depreciation
  122  resulting from any other cause.
  123         (b) The material mistake of fact must may be corrected by
  124  the property appraiser, in the same like manner as provided by
  125  law for performing the act in the first place, only within 1
  126  year after the approval of the tax roll pursuant to s. 193.1142,
  127  and, if when so corrected, the act becomes valid ab initio and
  128  does not affect in no way affects any process by law for the
  129  enforcement of the collection of the any tax. If the such a
  130  correction results in a refund of taxes paid on the basis of an
  131  erroneous assessment included contained on the current year’s
  132  tax roll for years beginning January 1, 1999, or later, the
  133  property appraiser, at his or her option, may request that the
  134  department to pass upon the refund request pursuant to s.
  135  197.182 or may submit the correction and refund order directly
  136  to the tax collector for action in accordance with the notice
  137  provisions of s. 197.182(2). Corrections to tax rolls for prior
  138  years which would result in refunds must be made pursuant to s.
  139  197.182.
  140         Section 3. Section 197.123, Florida Statutes, is amended to
  141  read:
  142         197.123 Correcting Erroneous returns; notification of
  143  property appraiser.—If a any tax collector has reason to believe
  144  that a any taxpayer has filed an erroneous or incomplete
  145  statement of her or his personal property or has not disclosed
  146  returned the full amount of all of her or his property subject
  147  to taxation, the collector shall notify the property appraiser
  148  of the erroneous or incomplete statement.
  149         Section 4. Section 197.146, Florida Statutes, is created to
  150  read:
  151         197.146 Uncollectable personal property taxes; correction
  152  of tax roll.—A tax collector who determines that a tangible
  153  personal property account is uncollectable may issue a
  154  certificate of correction for the current tax roll and any
  155  outstanding delinquent taxes. The tax collector shall notify the
  156  property appraiser that the account is invalid, and the
  157  assessment shall not be certified for a future tax roll. An
  158  uncollectable account includes, but is not limited to, an
  159  account on property that was originally assessed but cannot be
  160  found to seize and sell for the payment of taxes and includes
  161  other personal property of the owner as authorized by s.
  162  197.413(8) and (9).
  163         Section 5. Section 197.162, Florida Statutes, is amended to
  164  read:
  165         197.162 Tax discount payment periods Discounts; amount and
  166  time.—
  167         (1) For On all taxes assessed on the county tax rolls and
  168  collected by the county tax collector, discounts for payments
  169  made prior to delinquency early payment thereof shall be at the
  170  rate of 4 percent in the month of November or at any time within
  171  30 days after the mailing of the original tax notice; 3 percent
  172  in the following month of December; 2 percent in the following
  173  month of January; 1 percent in the following month of February;
  174  and zero percent in the following month of March or within 30
  175  days prior to the date of delinquency if the date of delinquency
  176  is after April 1.
  177         (2) If When a taxpayer makes a request to have the original
  178  tax notice corrected, the discount rate for early payment
  179  applicable at the time of the request for correction is made
  180  shall apply for 30 days after the mailing of the corrected tax
  181  notice.
  182         (3) A discount rate shall apply at the rate of 4 percent
  183  shall apply for 30 days after the mailing of a tax notice
  184  resulting from the action of a value adjustment board.
  185  Thereafter, the regular discount periods shall apply.
  186         (4)If the For the purposes of this section, when a
  187  discount period ends on a Saturday, Sunday, or legal holiday,
  188  the discount period, including the zero-percent period, shall be
  189  extended to the next working day, if payment is delivered to the
  190  a designated collection office of the tax collector.
  191         Section 6. Subsections (2) and (4) of section 197.172,
  192  Florida Statutes, are amended to read:
  193         197.172 Interest rate; calculation and minimum.—
  194         (2) The maximum rate of interest on a tax certificate shall
  195  be 18 percent per year; however, a tax certificate shall not
  196  bear interest nor shall the mandatory charge as provided by s.
  197  197.472(2) be levied during the 60-day period of time from the
  198  date of delinquency, except the 3 percent mandatory charge under
  199  subsection (1). No tax certificate sold before March 23, 1992,
  200  shall bear interest nor shall the mandatory charge as provided
  201  by s. 197.472(2) be levied in excess of the interest or charge
  202  provided herein, except as to those tax certificates upon which
  203  the mandatory charge as provided by s. 197.472(2) shall have
  204  been collected and paid.
  205         (4) Interest shall be calculated Except as provided in s.
  206  197.262 with regard to deferred payment tax certificates,
  207  interest to be accrued pursuant to this chapter shall be
  208  calculated monthly from the first day of each month.
  209         Section 7. Subsections (1), (2), and (3) of section
  210  197.182, Florida Statutes, are amended to read:
  211         197.182 Department of Revenue to pass upon and order
  212  refunds.—
  213         (1)(a) Except as provided in paragraphs paragraph (b), (c),
  214  and (d), the department shall pass upon and order refunds when
  215  payment of taxes assessed on the county tax rolls has been made
  216  voluntarily or involuntarily under any of the following
  217  circumstances:
  218         1. When an overpayment has been made.
  219         2. When a payment has been made when no tax was due.
  220         3. When a bona fide controversy exists between the tax
  221  collector and the taxpayer as to the liability of the taxpayer
  222  for the payment of the tax claimed to be due, the taxpayer pays
  223  the amount claimed by the tax collector to be due, and it is
  224  finally adjudged by a court of competent jurisdiction that the
  225  taxpayer was not liable for the payment of the tax or any part
  226  thereof.
  227         4. When a payment has been made in error by a taxpayer to
  228  the tax collector due to application of payment to an erroneous
  229  parcel or misinformation provided by the property appraiser or
  230  tax collector, if, within 12 24 months of the date of the
  231  erroneous payment and prior to any transfer of the assessed
  232  property to a third party for consideration, the party seeking a
  233  refund makes demand for reimbursement of the erroneous payment
  234  upon the owner of the property on which the taxes were
  235  erroneously paid and reimbursement of the erroneous payment is
  236  not received within 45 days after such demand. The demand for
  237  reimbursement shall be sent by certified mail, return receipt
  238  requested, and a copy thereof shall be sent to the tax
  239  collector. If the payment was made in error by the taxpayer
  240  because of an error in the tax notice sent to the taxpayer,
  241  refund must be made as provided in paragraph (d) subparagraph
  242  (b)2.
  243         5. When any payment has been made for tax certificates that
  244  are subsequently corrected or are subsequently determined to be
  245  void under s. 197.443.
  246         (b)1. Those Refunds that have been ordered by a court and
  247  those refunds that do not result from changes made in the
  248  assessed value on a tax roll certified to the tax collector
  249  shall be made directly by the tax collector without order from
  250  the department and shall be made from undistributed funds
  251  without approval of the various taxing authorities.
  252         (c) Overpayments in the amount of $10 $5 or less may be
  253  retained by the tax collector unless a written claim for a
  254  refund is received from the taxpayer. Overpayments over $10 $5
  255  resulting from taxpayer error, if determined within 12 months
  256  the 4-year period of limitation, shall are to be automatically
  257  refunded to the taxpayer. Such refunds do not require approval
  258  from the department.
  259         (d)2.If When a payment has been made in error by a
  260  taxpayer to the tax collector because of an error in the tax
  261  notice sent to the taxpayer, refund must be made directly by the
  262  tax collector and does not require approval from the department.
  263  At the request of the taxpayer, the amount paid in error may be
  264  applied by the tax collector to the taxes for which the taxpayer
  265  is actually liable.
  266         (e)(c) Claims for refunds shall be made in accordance with
  267  the rules of the department. A No refund may not shall be
  268  granted unless a claim for the refund is made therefor within 4
  269  years after of January 1 of the tax year for which the taxes
  270  were paid.
  271         (f)(d) Upon receipt of the department’s written denial of a
  272  the refund, the tax collector shall issue the denial in writing
  273  to the taxpayer.
  274         (g)(e) If funds are available from current receipts and,
  275  subject to subsection (3) and, if a refund is approved, the
  276  taxpayer shall is entitled to receive a refund within 100 days
  277  after a claim for refund is made, unless the tax collector,
  278  property appraiser, or department states good cause for
  279  remitting the refund after that date. The times stated in this
  280  paragraph and paragraphs (h) (f) through (l) (j) are directory
  281  and may be extended by a maximum of an additional 60 days if
  282  good cause is stated.
  283         (h)(f) If the taxpayer contacts the property appraiser
  284  first, the property appraiser shall refer the taxpayer to the
  285  tax collector.
  286         (i)(g) If a correction to the roll by the property
  287  appraiser is required as a condition for the refund, the tax
  288  collector shall, within 30 days, advise the property appraiser
  289  of the taxpayer’s application for a refund and forward the
  290  application to the property appraiser.
  291         (j)(h) The property appraiser has 30 days after receipt of
  292  the form from the tax collector to correct the roll if a
  293  correction is permissible by law. By the end of After the 30-day
  294  period 30 days, the property appraiser shall immediately advise
  295  the tax collector in writing whether or not the roll has been
  296  corrected, stating the reasons why the roll was corrected or not
  297  corrected.
  298         (k)(i) If the refund requires is not one that can be
  299  directly acted upon by the tax collector, for which an order
  300  from the department is required, the tax collector shall forward
  301  the claim for refund to the department upon receipt of the
  302  correction from the property appraiser or 30 days after the
  303  claim for refund, whichever occurs first. This provision does
  304  not apply to corrections resulting in refunds of less than
  305  $2,500 $400, which the tax collector shall make directly,
  306  without order from the department, and from undistributed funds,
  307  and may make without approval of the various taxing authorities.
  308         (l)(j) The department shall approve or deny all refunds
  309  within 30 days after receiving a from the tax collector the
  310  claim for refund from the tax collector, unless good cause is
  311  stated for delaying the approval or denial beyond that date.
  312         (m)(k) Subject to and after meeting the requirements of s.
  313  194.171 and this section, an action to contest a denial of
  314  refund must may not be brought within later than 60 days after
  315  the date the tax collector mails issues the denial to the
  316  taxpayer, which notice must be sent by certified mail, or 4
  317  years after January 1 of the year for which the taxes were paid,
  318  whichever is later.
  319         (n)(l) In computing any time period under this section, if
  320  when the last day of the period is a Saturday, Sunday, or legal
  321  holiday, the period is to be extended to the next working day.
  322         (2)(a)If When the department orders a refund, the
  323  department it shall forward a copy of its order to the tax
  324  collector who shall then determine the pro rata share due by
  325  each taxing authority. The tax collector shall make the refund
  326  from undistributed funds held for that taxing authority and
  327  shall identify such refund as a reduction in the next
  328  distribution. If there are insufficient undistributed funds for
  329  the refund, the tax collector shall notify the taxing authority
  330  of the shortfall. The taxing authority shall: and certify to the
  331  county, the district school board, each municipality, and the
  332  governing body of each taxing district, their pro rata shares of
  333  such refund, the reason for the refund, and the date the refund
  334  was ordered by the department.
  335         (b) The board of county commissioners, the district school
  336  board, each municipality, and the governing body of each taxing
  337  district shall comply with the order of the department in the
  338  following manner:
  339         1. Authorize the tax collector to make refund from
  340  undistributed funds held for that taxing authority by the tax
  341  collector;
  342         (a)2. Authorize the tax collector to make refund and
  343  forward to the tax collector its pro rata share of the refund
  344  from currently budgeted funds, if available; or
  345         (b)3. Notify the tax collector that the taxing authority
  346  does not have funds currently available and provide for the
  347  payment of the refund in its budget for the ensuing year funds
  348  for the payment of the refund.
  349         (3) A refund ordered by the department pursuant to this
  350  section shall be made by the tax collector in one aggregate
  351  amount composed of all the pro rata shares of the several taxing
  352  authorities concerned, except that a partial refund is allowed
  353  when one or more of the taxing authorities concerned do not have
  354  funds currently available to pay their pro rata shares of the
  355  refund and this would cause an unreasonable delay in the total
  356  refund. A statement by the tax collector explaining the refund
  357  shall accompany the refund payment. When taxes become delinquent
  358  as a result of a refund pursuant to subparagraph (1)(a)4. or
  359  paragraph (1)(d) subparagraph (1)(b)2., the tax collector shall
  360  notify the property owner that the taxes have become delinquent
  361  and that a tax certificate will be sold if the taxes are not
  362  paid within 30 days after the date of delinquency.
  363         Section 8. Subsections (1), (3), and (5) of section
  364  197.222, Florida Statutes, are amended to read:
  365         197.222 Prepayment of estimated tax by installment method.—
  366         (1) Taxes collected pursuant to this chapter may be prepaid
  367  in installments as provided in this section. A taxpayer may
  368  elect to prepay by installments for each tax notice for with
  369  taxes estimated to be more than $100. A taxpayer who elects to
  370  prepay taxes shall make payments based upon an estimated tax
  371  equal to the actual taxes levied upon the subject property in
  372  the prior year. To prepay by installments, the Such taxpayer
  373  shall complete and file an application for each tax notice to
  374  prepay such taxes by installment with the tax collector on or
  375  before April 30 prior to May 1 of the year in which the taxpayer
  376  elects to prepay the taxes in installments pursuant to this
  377  section. The application shall be made on forms supplied by the
  378  department and provided to the taxpayer by the tax collector.
  379  After submission of an initial application, a taxpayer is shall
  380  not be required to submit additional annual applications as long
  381  as he or she continues to elect to prepay taxes in installments
  382  pursuant to this section. However, if in any year the taxpayer
  383  does not so elect, reapplication is shall be required for a
  384  subsequent election to do so. Installment payments shall be made
  385  according to the following schedule:
  386         (a) The first payment of one-quarter of the total amount of
  387  estimated taxes due must shall be made by not later than June 30
  388  of the year in which the taxes are assessed. A 6-percent
  389  discount applied against the amount of the installment shall be
  390  granted for such payment. The tax collector may accept a late
  391  payment of the first installment through July 31, and the under
  392  this paragraph within 30 days after June 30; such late payment
  393  must be accompanied by a penalty of 5 percent of the amount of
  394  the installment due.
  395         (b) The second payment of one-quarter of the total amount
  396  of estimated taxes must due shall be made by not later than
  397  September 30 of the year in which the taxes are assessed. A 4.5
  398  percent discount applied against the amount of the installment
  399  shall be granted for such payment.
  400         (c) The third payment of one-quarter of the total amount of
  401  estimated taxes due, plus one-half of any adjustment made
  402  pursuant to a determination of actual tax liability, must shall
  403  be made by not later than December 31 of the year in which taxes
  404  are assessed. A 3-percent discount applied against the amount of
  405  the installment shall be granted for such payment.
  406         (d) The fourth payment of one-quarter of the total amount
  407  of estimated taxes due, plus one-half of any adjustment made
  408  pursuant to a determination of actual tax liability, must shall
  409  be made by not later than March 31 following the year in which
  410  taxes are assessed. A No discount may not shall be granted for
  411  such payment.
  412         (e) If For purposes of this section, when an installment
  413  due date falls on a Saturday, Sunday, or legal holiday, the due
  414  date for the installment is shall be the next working day, if
  415  the installment payment is delivered to a designated collection
  416  office of the tax collector. Taxpayers making such payment shall
  417  be entitled to the applicable discount rate authorized in this
  418  section.
  419         (3) Upon receiving a taxpayer’s application for
  420  participation in the prepayment installment plan, and the tax
  421  collector shall mail to the taxpayer a statement of the
  422  taxpayer’s estimated tax liability which shall be equal to the
  423  actual taxes levied on the subject property in the preceding
  424  year; such statement shall indicate the amount of each quarterly
  425  installment after application of the discount rates provided in
  426  this section, and a payment schedule, based upon the schedule
  427  provided in this section and furnished by the department. for
  428  those taxpayers who participated in the prepayment installment
  429  plan for the previous year and who are not required to reapply,
  430  the tax collector shall send, in the same manner as described in
  431  s. 197.322(3), a quarterly statement with the discount rates
  432  provided in this section according to the payment schedule
  433  provided by the department the statement shall be mailed by June
  434  1. During the first month that the tax roll is open for payment
  435  of taxes, the tax collector shall mail to the taxpayer a
  436  statement which shows the amount of the remaining installment
  437  payments to be made after application of the discount rates
  438  provided in this section. The postage or cost of electronic
  439  mailing shall be paid out of the general fund of the county,
  440  upon statement thereof by the tax collector.
  441         (5) Notice of the right to prepay taxes pursuant to this
  442  section shall be provided with the notice of taxes. The Such
  443  notice shall inform the taxpayer of the right to prepay taxes in
  444  installments, and that application forms can be obtained from
  445  the tax collector, and shall state that reapplication is not
  446  necessary if the taxpayer participated in the prepayment
  447  installment plan for the previous year. The application forms
  448  shall be provided by the department and shall be mailed by the
  449  tax collector to those taxpayers requesting an application.
  450         Section 9. Subsections (3) and (9) of section 197.2301,
  451  Florida Statutes, are amended to read:
  452         197.2301 Payment of taxes prior to certified roll
  453  procedure.—
  454         (3) Immediately upon receipt of the property appraiser’s
  455  certification under subsection (2), the tax collector shall
  456  publish a notice cause to be published in a newspaper of general
  457  circulation in the county and shall prominently post at the
  458  courthouse door a notice that the tax roll will not be certified
  459  for collection before prior to January 1 and that payments of
  460  estimated taxes may be made will be allowed by those taxpayers
  461  who submit tender payment to the collector on or before December
  462  31.
  463         (9) After the discount has been applied to the estimated
  464  taxes paid and it is determined that an underpayment or
  465  overpayment has occurred, the following shall apply:
  466         (a) If the amount of underpayment or overpayment is $10 $5
  467  or less, then no additional billing or refund is required except
  468  as determined by the tax collector.
  469         (b) If the amount of overpayment is more than $10 $5, the
  470  tax collector shall immediately refund to the person who paid
  471  the estimated tax the amount of overpayment. Department of
  472  Revenue approval is shall not be required for such the refund of
  473  overpayment made pursuant to this subsection.
  474         Section 10. Section 197.2421, Florida Statutes, is created
  475  to read:
  476         197.2421Property tax deferral.—
  477         (1) When a property owner applies for a property tax
  478  deferral and meets the criteria established in this chapter, the
  479  tax collector shall approve the deferral of such ad valorem
  480  taxes and non-ad valorem assessments as is allowed under this
  481  chapter.
  482         (2) Authorized property tax deferral programs are:
  483         (a) Homestead tax deferral.
  484         (b) Recreational and commercial working waterfront
  485  deferral.
  486         (c) Affordable rental housing deferral.
  487         (3) Ad valorem taxes, non-ad valorem assessments, and
  488  interest deferred pursuant to this chapter shall constitute a
  489  prior lien and shall attach to the property in the same manner
  490  as other tax liens. Deferred taxes, assessments, and interest,
  491  however, shall be due, payable, and delinquent as provided in
  492  this chapter.
  493         Section 11. Section 197.2423, Florida Statutes, is created
  494  to read:
  495         197.2423Application for property tax deferral;
  496  determination of approval or denial by tax collector.—
  497         (1) A property owner is responsible for submitting an
  498  annual application for tax deferral with the county tax
  499  collector on or before March 31 following the year in which the
  500  taxes and non-ad valorem assessments are assessed.
  501         (2) Each applicant shall demonstrate compliance with the
  502  requirements of this section.
  503         (3) The application for deferral shall be made upon a form
  504  provided by the tax collector. The tax collector may require the
  505  applicant to submit other evidence and documentation deemed
  506  necessary in considering the application. The application form
  507  shall advise the applicant:
  508         (a) Of the manner in which interest is computed.
  509         (b) Of the conditions needed to be met for approval.
  510         (c) Of the conditions under which deferred taxes,
  511  assessments, and interest become due, payable, and delinquent.
  512         (d) That all deferrals pursuant to this section constitute
  513  a lien on the applicant’s property.
  514         (4) Each application shall include a list of all
  515  outstanding liens on the property and the current value of each
  516  lien.
  517         (5) Each applicant shall furnish proof of fire and extended
  518  coverage insurance in an amount at least equal to the total of
  519  all outstanding liens, including a lien for deferred taxes, non
  520  ad valorem assessments, and interest with a loss payable clause
  521  to the tax collector.
  522         (6) The tax collector shall consider each annual
  523  application for a tax deferral within 45 days after the
  524  application is filed or as soon as practicable thereafter. The
  525  tax collector shall exercise reasonable discretion based upon
  526  applicable information available under this section. A tax
  527  collector who finds that the applicant is entitled to the tax
  528  deferral shall approve the application and maintain the deferral
  529  records until the tax lien is satisfied.
  530         (7) For approved deferrals, the date used in determining
  531  taxes due, net of discounts for early payment as provided in s.
  532  197.162, is the date the tax collector received the application
  533  for tax deferral.
  534         (8) The tax collector shall notify the property appraiser
  535  in writing of those parcels for which taxes have been deferred.
  536         (9) A tax deferral may not be granted if:
  537         (a) The total amount of deferred taxes, non-ad valorem
  538  assessments, and interest, plus the total amount of all other
  539  unsatisfied liens on the property, exceeds 85 percent of the
  540  just value of the property; or
  541         (b) The primary mortgage financing on the property is for
  542  an amount that exceeds 70 percent of the just value of the
  543  property.
  544         (10) A tax collector who finds that the applicant is not
  545  entitled to the deferral shall send a notice of disapproval
  546  within 45 days after the date the application is filed, citing
  547  the reason for disapproval. The original notice of disapproval
  548  shall be sent to the applicant and shall advise the applicant of
  549  the right to appeal the decision to the value adjustment board
  550  and shall inform the applicant of the procedure for filing such
  551  an appeal.
  552         Section 12. Section 197.253, Florida Statutes, is
  553  renumbered as section 197.2425, Florida Statutes, and amended to
  554  read:
  555         197.2425 197.253Appeal of denied Homestead tax deferral;
  556  application.—An appeal of a denied tax deferral must be
  557  submitted by the property owner
  558         (1) The application for deferral shall be made upon a form
  559  prescribed by the department and furnished by the county tax
  560  collector. The application form shall be signed upon oath by the
  561  applicant before an officer authorized by the state to
  562  administer oaths. The tax collector may, in his or her
  563  discretion, require the applicant to submit such other evidence
  564  and documentation as deemed necessary by the tax collector in
  565  considering the application. The application form shall advise
  566  the applicant of the manner in which interest is computed. Each
  567  application form shall contain an explanation of the conditions
  568  to be met for approval and the conditions under which deferred
  569  taxes and interest become due, payable, and delinquent. Each
  570  application shall clearly state that all deferrals pursuant to
  571  this act shall constitute a lien on the applicant’s homestead.
  572         (2)(a) The tax collector shall consider each annual
  573  application for homestead tax deferral within 30 days of the day
  574  the application is filed or as soon as practicable thereafter. A
  575  tax collector who finds that the applicant is entitled to the
  576  tax deferral shall approve the application and file the
  577  application in the permanent records. A tax collector who finds
  578  the applicant is not entitled to the deferral shall send a
  579  notice of disapproval within 30 days of the filing of the
  580  application, giving reasons therefor to the applicant, either by
  581  personal delivery or by registered mail to the mailing address
  582  given by the applicant and shall make return in the manner in
  583  which such notice was served upon the applicant upon the
  584  original notice thereof and file among the permanent records of
  585  the tax collector’s office. The original notice of disapproval
  586  sent to the applicant shall advise the applicant of the right to
  587  appeal the decision of the tax collector to the value adjustment
  588  board and shall inform the applicant of the procedure for filing
  589  such an appeal.
  590         (b) Appeals of the decision of the tax collector to the
  591  value adjustment board shall be in writing on a form prescribed
  592  by the department and furnished by the tax collector. The Such
  593  appeal must shall be filed with the value adjustment board
  594  within 30 20 days after the applicant’s receipt of the notice of
  595  disapproval. The value adjustment board shall review the
  596  application and the evidence presented to the tax collector upon
  597  which the applicant based his or her claim for tax deferral and,
  598  at the election of the applicant, shall hear the applicant in
  599  person, or by agent on the applicant’s behalf, on his or her
  600  right to homestead tax deferral. The value adjustment board
  601  shall reverse the decision of the tax collector and grant a
  602  homestead tax deferral to the applicant, if in its judgment the
  603  applicant is entitled to the tax deferral thereto, or shall
  604  affirm the decision of the tax collector. An Such action by of
  605  the value adjustment board is shall be final unless the
  606  applicant or tax collector files a de novo proceeding for a
  607  declaratory judgment or other appropriate proceeding in the
  608  circuit court of the county in which the property is located or
  609  other lienholder, within 15 days after from the date of
  610  disapproval of the application by the board, files in the
  611  circuit court of the county in which the property is located, a
  612  proceeding for a declaratory judgment or other appropriate
  613  proceeding.
  614         (3) Each application shall contain a list of, and the
  615  current value of, all outstanding liens on the applicant’s
  616  homestead.
  617         (4) For approved applications, the date of receipt by the
  618  tax collector of the application for tax deferral shall be used
  619  in calculating taxes due and payable net of discounts for early
  620  payment as provided for by s. 197.162.
  621         (5) If such proof has not been furnished with a prior
  622  application, each applicant shall furnish proof of fire and
  623  extended coverage insurance in an amount which is in excess of
  624  the sum of all outstanding liens and deferred taxes and interest
  625  with a loss payable clause to the county tax collector.
  626         (6) The tax collector shall notify the property appraiser
  627  in writing of those parcels for which taxes have been deferred.
  628         (7) The property appraiser shall promptly notify the tax
  629  collector of denials of homestead application and changes in
  630  ownership of properties that have been granted a tax deferral.
  631         Section 13. Section 197.243, Florida Statutes, is amended
  632  to read:
  633         197.243 Definitions relating to homestead property tax
  634  deferral Act.—
  635         (1) “Household” means a person or group of persons living
  636  together in a room or group of rooms as a housing unit, but the
  637  term does not include persons boarding in or renting a portion
  638  of the dwelling.
  639         (2) “Income” means the “adjusted gross income,” as defined
  640  in s. 62 of the United States Internal Revenue Code, of all
  641  members of a household.
  642         Section 14. Section 197.252, Florida Statutes, is amended
  643  to read:
  644         197.252 Homestead tax deferral.—
  645         (1) Any person who is entitled to claim homestead tax
  646  exemption under the provisions of s. 196.031(1) may apply elect
  647  to defer payment of a portion of the combined total of the ad
  648  valorem taxes and any non-ad valorem assessments which would be
  649  covered by a tax certificate sold under this chapter levied on
  650  that person’s homestead by filing an annual application for tax
  651  deferral with the county tax collector on or before January 31
  652  following the year in which the taxes and non-ad valorem
  653  assessments are assessed. Any applicant who is entitled to
  654  receive the homestead tax exemption but has waived it for any
  655  reason shall furnish, with the application for tax deferral, a
  656  certificate of eligibility to receive the exemption. Such
  657  certificate shall be prepared by the county property appraiser
  658  upon request of the taxpayer. It shall be the burden of each
  659  applicant to affirmatively demonstrate compliance with the
  660  requirements of this section.
  661         (2)(a) Approval of an application for homestead tax
  662  deferral shall defer that portion of the combined total of ad
  663  valorem taxes and any non-ad valorem assessments:
  664         1. That which would be covered by a tax certificate sold
  665  under this chapter otherwise due and payable on the applicant’s
  666  homestead pursuant to s. 197.333 which exceeds 5 percent of the
  667  applicant’s household’s income for the prior calendar year when
  668  the applicant is younger than 65 years of age;
  669         2. That exceeds 3 percent of the applicant’s household
  670  income for the prior calendar year when the applicant is 65
  671  years of age or older; or
  672         3. In its entirety when the applicant’s household income:
  673         a. For the prior calendar year is less than $10,000; or
  674         b. Is less than the designated amount for the additional
  675  homestead exemption pursuant to s. 196.075 and the applicant is
  676  65 years of age or older. If any such applicant’s household
  677  income for the prior calendar year is less than $10,000,
  678  approval of such application shall defer such ad valorem taxes
  679  plus non-ad valorem assessments in their entirety.
  680         (b) If the applicant is 65 years of age or older, approval
  681  of the application shall defer that portion of the ad valorem
  682  taxes plus non-ad valorem assessments which exceeds 3 percent of
  683  the applicant’s household income for the prior calendar year. If
  684  any applicant’s household income for the prior calendar year is
  685  less than $10,000, or is less than the amount of the household
  686  income designated for the additional homestead exemption
  687  pursuant to s. 196.075, and the applicant is 65 years of age or
  688  older, approval of the application shall defer the ad valorem
  689  taxes plus non-ad valorem assessments in their entirety.
  690         (b)(c) The household income of an applicant who applies for
  691  a tax deferral before the end of the calendar year in which the
  692  taxes and non-ad valorem assessments are assessed shall be for
  693  the current year, adjusted to reflect estimated income for the
  694  full calendar year period. The estimate of a full year’s
  695  household income shall be made by multiplying the household
  696  income received to the date of application by a fraction, the
  697  numerator being 365 and the denominator being the number of days
  698  expired in the calendar year to the date of application.
  699         (3) The property appraiser shall promptly notify the tax
  700  collector if there is a change in ownership or the homestead
  701  exemption has been denied on property that has been granted a
  702  tax deferral. No tax deferral shall be granted:
  703         (a) If the total amount of deferred taxes, non-ad valorem
  704  assessments, and interest plus the total amount of all other
  705  unsatisfied liens on the homestead exceeds 85 percent of the
  706  assessed value of the homestead, or
  707         (b) If the primary mortgage financing on the homestead is
  708  for an amount which exceeds 70 percent of the assessed value of
  709  the homestead.
  710         (4) The amount of taxes, non-ad valorem assessments, and
  711  interest deferred under this act shall accrue interest at a rate
  712  equal to the semiannually compounded rate of one-half of 1
  713  percent plus the average yield to maturity of the long-term
  714  fixed-income portion of the Florida Retirement System
  715  investments as of the end of the quarter preceding the date of
  716  the sale of the deferred payment tax certificates; however, the
  717  interest rate may not exceed 7 percent.
  718         (5) The taxes, non-ad valorem assessments, and interest
  719  deferred pursuant to this act shall constitute a prior lien and
  720  shall attach as of the date and in the same manner and be
  721  collected as other liens for taxes, as provided for under this
  722  chapter, but such deferred taxes, non-ad valorem assessments,
  723  and interest shall only be due, payable, and delinquent as
  724  provided in this act.
  725         Section 15. Section 197.303, Florida Statutes, is
  726  renumbered as section 197.2524, Florida Statutes, and amended to
  727  read:
  728         197.2524 197.303Ad valorem Tax deferral for recreational
  729  and commercial working waterfront properties and affordable
  730  rental housing property.—
  731         (1) The provisions of this section apply to: board of
  732  county commissioners of any county or the governing authority of
  733  any municipality may adopt an ordinance to allow for ad valorem
  734  tax deferrals for
  735         (a) Recreational and commercial working waterfront
  736  properties if the owners are engaging in the operation,
  737  rehabilitation, or renovation of such properties in accordance
  738  with guidelines established in this section.
  739         (b) Affordable rental housing, if the owners are engaging
  740  in the operation, rehabilitation, or renovation of such
  741  properties in accordance with the guidelines provided in part VI
  742  of chapter 420.
  743         (2) The board of county commissioners of any county or the
  744  governing authority of any the municipality may adopt an by
  745  ordinance to may authorize the deferral of ad valorem taxation
  746  and non-ad valorem assessments for recreational and commercial
  747  working waterfront properties described in subsection (1).
  748         (3) The ordinance shall designate the percentage or amount
  749  of the deferral and the type and location of the working
  750  waterfront property and, including the type of public lodging
  751  establishments, for which deferrals may be granted, which may
  752  include any property meeting the provisions of s. 342.07(2),
  753  which property may require the property be further required to
  754  be located within a particular geographic area or areas of the
  755  county or municipality. For working waterfront properties, the
  756  ordinance may include the type of public lodging establishments,
  757  which may include property meeting the requirements of s.
  758  342.07(2), that would qualify.
  759         (4) The ordinance must specify that such deferrals apply
  760  only to taxes or assessments levied by the unit of government
  761  granting the deferral. However, a deferral may not be granted
  762  for the deferrals do not apply, however, to taxes or non-ad
  763  valorem assessments defined in s. 197.3632(1)(d) levied for the
  764  payment of bonds or for to taxes authorized by a vote of the
  765  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  766  Constitution.
  767         (5) The ordinance must specify that any deferral granted
  768  remains in effect regardless of any change in the authority of
  769  the county or municipality to grant the deferral. In order to
  770  retain the deferral, however, the use and ownership of the
  771  property as a working waterfront must remain as it was when the
  772  deferral was granted for be maintained over the period in for
  773  which the deferral remains is granted.
  774         (6)(a) If an application for deferral is granted on
  775  property that is located in a community redevelopment area, the
  776  amount of taxes eligible for deferral shall be limited reduced,
  777  as provided for in paragraph (b), if:
  778         1. The community redevelopment agency has previously issued
  779  instruments of indebtedness that are secured by increment
  780  revenues on deposit in the community redevelopment trust fund;
  781  and
  782         2. Those instruments of indebtedness are associated with
  783  the real property applying for the deferral.
  784         (b) If the provisions of paragraph (a) apply, the tax
  785  deferral may shall not apply only to the an amount of taxes in
  786  excess of equal to the amount that must be deposited into the
  787  community redevelopment trust fund by the entity granting the
  788  deferral based upon the taxable value of the property upon which
  789  the deferral is being granted. Once all instruments of
  790  indebtedness that existed at the time the deferral was
  791  originally granted are no longer outstanding or have otherwise
  792  been defeased, the provisions of this paragraph shall no longer
  793  apply.
  794         (c) If a portion of the taxes on a property were not
  795  eligible for deferral as provided in because of the provisions
  796  of paragraph (b), the community redevelopment agency shall
  797  notify the property owner and the tax collector 1 year before
  798  the debt instruments that prevented said taxes from being
  799  deferred are no longer outstanding or otherwise defeased.
  800         (d) The tax collector shall notify a community
  801  redevelopment agency of any tax deferral that has been granted
  802  on property located within the community redevelopment area of
  803  that agency.
  804         (e) Issuance of debt obligation after the date a deferral
  805  has been granted shall not reduce the amount of taxes eligible
  806  for deferral.
  807         Section 16. Section 197.3071, Florida Statutes, is
  808  renumbered as section 197.2526, Florida Statutes, and amended to
  809  read:
  810         197.2526 197.3071 Eligibility for tax deferral for
  811  affordable rental housing property.—The tax deferral authorized
  812  by s.197.2524 this section is applicable only on a pro rata
  813  basis to the ad valorem taxes levied on residential units within
  814  a property which meet the following conditions:
  815         (1) Units for which the monthly rent along with taxes,
  816  insurance, and utilities does not exceed 30 percent of the
  817  median adjusted gross annual income as defined in s. 420.0004
  818  for the households described in subsection (2).
  819         (2) Units that are occupied by extremely-low-income
  820  persons, very-low-income persons, low-income persons, or
  821  moderate-income persons as these terms are defined in s.
  822  420.0004.
  823         Section 17. Section 197.254, Florida Statutes, is amended
  824  to read:
  825         197.254 Annual notification to taxpayer.—
  826         (1) The tax collector shall notify the taxpayer of each
  827  parcel appearing on the real property assessment roll of the
  828  right to defer payment of taxes and non-ad valorem assessments
  829  and interest. pursuant to ss. 197.242-197.312. Such notice shall
  830  be printed on the back of envelopes used for mailing the notice
  831  of taxes provided for by s. 197.322(3). Such notice of the right
  832  to defer payment of taxes and non-ad valorem assessments shall
  833  read:
  834  
  835                    NOTICE TO TAXPAYERS ENTITLED                   
  836                       TO HOMESTEAD EXEMPTION                      
  837  
  838  “If your income is low enough to meet certain conditions, you
  839  may qualify for a deferred tax payment plan on homestead
  840  property. An application to determine eligibility is available
  841  in the county tax collector’s office.”
  842         (2) On or before November 1 of each year, the tax collector
  843  shall notify each taxpayer to whom a tax deferral has been
  844  previously granted of the accumulated sum of deferred taxes,
  845  non-ad valorem assessments, and interest outstanding.
  846         Section 18. Section 197.262, Florida Statutes, is amended
  847  to read:
  848         197.262 Deferred payment tax certificates.—
  849         (1) The tax collector shall notify each local governing
  850  body of the amount of taxes and non-ad valorem assessments
  851  deferred which would otherwise have been collected for such
  852  governing body. The county shall then, At the time of the tax
  853  certificate sale held pursuant to s. 197.432, the tax collector
  854  shall strike each certificate on which there are deferred taxes
  855  off to the county. Certificates issued pursuant to this section
  856  are exempt from the public sale of tax certificates held
  857  pursuant to s. 197.432.
  858         (2) The certificates so held by the county shall bear
  859  interest at a rate equal to the semiannually compounded rate of
  860  0.5 percent plus the average yield to maturity of the long-term
  861  fixed-income portion of the Florida Retirement System
  862  investments as of the end of the quarter preceding the date of
  863  the sale of the deferred payment tax certificates; however, the
  864  interest rate may not exceed 7 9.5 percent.
  865         Section 19. Section 197.263, Florida Statutes, is amended
  866  to read:
  867         197.263 Change in ownership or use of property.—
  868         (1) If In the event that there is a change in use or
  869  ownership of tax-deferred property such that the owner is no
  870  longer eligible for the tax deferral granted entitled to claim
  871  homestead exemption for such property pursuant to s. 196.031(1),
  872  or the owner such person fails to maintain the required fire and
  873  extended insurance coverage, the total amount of deferred taxes
  874  and interest for all previous years shall be due and payable
  875  November 1 of the year in which the change in use occurs or on
  876  the date failure to maintain insurance occurs and shall be
  877  delinquent on April 1 of the year following the year in which
  878  the change in use or failure to maintain insurance occurs.
  879  However, if the change in ownership is to a surviving spouse and
  880  the spouse is eligible to maintain the tax deferral on such
  881  property, the surviving spouse may continue the deferment of
  882  previously deferred taxes and interest pursuant to this chapter.
  883         (2) In the event that there is a change in ownership of
  884  tax-deferred property, the total amount of deferred taxes and
  885  interest for all previous years shall be due and payable on the
  886  date the change in ownership takes place and shall be delinquent
  887  on April 1 following said date. When, however, the change in
  888  ownership is to a surviving spouse and such spouse is eligible
  889  to claim homestead exemption on such property pursuant to s.
  890  196.031(1), such surviving spouse may continue the deferment of
  891  previously deferred taxes and interest pursuant to the
  892  provisions of this act.
  893         (2)(3) Whenever the property appraiser discovers that there
  894  has been a change in the ownership or use of property which has
  895  been granted a tax deferral, the property appraiser shall notify
  896  the tax collector in writing of the date such change occurs, and
  897  the tax collector shall collect any taxes, assessments, and
  898  interest due or delinquent.
  899         (3)(4) During any year in which the total amount of
  900  deferred taxes, interest, and all other unsatisfied liens on the
  901  homestead exceeds 85 percent of the assessed value of the
  902  homestead, the tax collector shall immediately notify the owner
  903  of the property on which taxes and interest have been deferred
  904  that the portion of taxes and interest which exceeds 85 percent
  905  of the assessed value of the homestead shall be due and payable
  906  within 30 days after of receipt of the notice is sent. Failure
  907  to pay the amount due shall cause the total amount of deferred
  908  taxes and interest to become delinquent.
  909         (4)(5) Each year, upon notification, each owner of property
  910  on which taxes and interest have been deferred shall submit to
  911  the tax collector a list of, and the current value of, all
  912  outstanding liens on the owner’s homestead. Failure to respond
  913  to this notification within 30 days shall cause the total amount
  914  of deferred taxes and interest to become payable within 30 days.
  915         (5)(6)If In the event deferred taxes become delinquent
  916  under this chapter, then on or before June 1 following the date
  917  the taxes become delinquent, the tax collector shall sell a tax
  918  certificate for the delinquent taxes and interest in the manner
  919  provided by s. 197.432.
  920         Section 20. Section 197.272, Florida Statutes, is amended
  921  to read:
  922         197.272 Prepayment of deferred taxes.—
  923         (1) All or part of the deferred taxes and accrued interest
  924  may at any time be paid to the tax collector. Any payment that
  925  is less than the total amount due may not apply to a portion of
  926  a full year’s deferred taxes, assessments, and interest. by:
  927         (a) The owner of the property or the spouse of the owner.
  928         (b) The next of kin of the owner, heir of the owner, child
  929  of the owner, or any person having or claiming a legal or
  930  equitable interest in the property, provided no objection is
  931  made by the owner within 30 days after the tax collector
  932  notifies the owner of the fact that such payment has been
  933  tendered.
  934         (2) Any partial payment made pursuant to this section shall
  935  be applied first to accrued interest.
  936         Section 21. Section 197.282, Florida Statutes, is amended
  937  to read:
  938         197.282 Distribution of payments.—When any deferred taxes,
  939  assessments, or interest is collected, the tax collector shall
  940  maintain a record of the payment, setting forth a description of
  941  the property and the amount of taxes or interest collected for
  942  such property. The tax collector shall distribute payments
  943  received in accordance with the procedures for distribution of
  944  ad valorem taxes, non-ad valorem assessments, or redemption
  945  moneys as prescribed in this chapter.
  946         Section 22. Section 197.292, Florida Statutes, is amended
  947  to read:
  948         197.292 Construction.—Nothing in this chapter act shall be
  949  construed to prevent the collection of personal property taxes
  950  that: which
  951         (1) Become a lien against tax-deferred property;,
  952         (2) Defer payment of special assessments to benefited
  953  property other than those specifically allowed to be deferred;,
  954  or
  955         (3) Affect any provision of any mortgage or other
  956  instrument relating to property requiring a person to pay ad
  957  valorem taxes or non-ad valorem assessments.
  958         Section 23. Section 197.301, Florida Statutes, is amended
  959  to read:
  960         197.301 Penalties.—
  961         (1) The following penalties shall be imposed on any person
  962  who willfully files information required under s. 197.252 or s.
  963  197.263 which is incorrect:
  964         (a) The Such person shall pay the total amount of deferred
  965  taxes, non-ad valorem assessments, and interest deferred, which
  966  amount shall immediately become due.;
  967         (b) The Such person shall be disqualified from filing a
  968  homestead tax deferral application for the next 3 years.; and
  969         (c) The Such person shall pay a penalty of 25 percent of
  970  the total amount of deferred taxes, non-ad valorem assessments,
  971  and interest deferred.
  972         (2) Any person against whom the penalties prescribed in
  973  this section have been imposed may appeal the penalties imposed
  974  to the value adjustment board within 30 days after said
  975  penalties are imposed.
  976         Section 24. Section 197.312, Florida Statutes, is amended
  977  to read:
  978         197.312 Payment by mortgagee.—If any mortgagee elects shall
  979  elect to pay the taxes when an applicant qualifies for tax
  980  deferral, then such election does shall not give the mortgagee
  981  the right to foreclose.
  982         Section 25. Section 197.322, Florida Statutes, is amended
  983  to read:
  984         197.322 Delivery of ad valorem tax and non-ad valorem
  985  assessment rolls; notice of taxes; publication and mail.—
  986         (1) The property appraiser shall deliver to the tax
  987  collector the certified assessment roll along with his or her
  988  warrant and recapitulation sheet.
  989         (2) The tax collector shall on November 1, or as soon as
  990  the assessment roll is open for collection, publish a notice in
  991  a local newspaper that the tax roll is open for collection.
  992         (3) Within 20 working days after receipt of the certified
  993  ad valorem tax roll and the non-ad valorem assessment rolls, the
  994  tax collector shall send mail to each taxpayer appearing on such
  995  said rolls, whose post office address is known to him or her, a
  996  tax notice stating the amount of current taxes due, from the
  997  taxpayer and, if applicable, the fact that back taxes remain
  998  unpaid and advising the taxpayer of the discounts allowed for
  999  early payment, and a notice that delinquent taxes are
 1000  outstanding, if applicable. Pursuant to s. 197.3632, the form of
 1001  the notice of non-ad valorem assessments and notice of ad
 1002  valorem taxes shall be as provided in s. 197.3635 and no other
 1003  form shall be used, notwithstanding the provisions of s.
 1004  195.022. The tax collector may send such notice electronically
 1005  or by postal mail. Electronic transmission may only be used with
 1006  the express consent of the property owner. Electronic
 1007  transmission of tax notices may be sent earlier but shall not be
 1008  sent later than the postal mailing of the notices. If the notice
 1009  of taxes is sent electronically and is returned as
 1010  undeliverable, a second notice may be sent through postal mail.
 1011  However, the original electronic transmission is the official
 1012  mailing for purpose of this section. No discount period shall be
 1013  extended due to a tax bill being returned electronically or
 1014  through postal mail. The postage for mailing or the cost of
 1015  electronic transmission shall be paid out of the general fund of
 1016  each local governing board, upon statement thereof by the tax
 1017  collector.
 1018         Section 26. Section 197.332, Florida Statutes, is amended
 1019  to read:
 1020         197.332 Duties of tax collectors; branch offices.—
 1021         (1) The tax collector has the authority and obligation to
 1022  collect all taxes as shown on the tax roll by the date of
 1023  delinquency or to collect delinquent taxes, interest, and costs,
 1024  by sale of tax certificates on real property and by seizure and
 1025  sale of personal property. The tax collector may perform such
 1026  duties by use of contracted services or products or by
 1027  electronic means. The use of contracted services, products, or
 1028  vendors in no way diminishes the responsibility or liability of
 1029  the tax collector to perform such duties according to law. The
 1030  tax collector may shall be allowed to collect reasonable
 1031  attorney’s fees and court costs in actions on proceedings to
 1032  recover delinquent taxes, interest, and costs.
 1033         (2) A county tax collector may establish one or more branch
 1034  offices by acquiring title to real property or by lease
 1035  agreement. The tax collector may staff and equip such branch
 1036  offices to conduct state business, or if authorized to do so by
 1037  resolution of the county governing body, to perform the duties
 1038  of tax collector under this chapter. The department shall rely
 1039  on the tax collector’s determination that a branch office is
 1040  necessary and shall base its approval of the tax collector’s
 1041  budget in accordance with the procedures of s. 195.087(2).
 1042         Section 27. Section 197.343, Florida Statutes, is amended
 1043  to read:
 1044         197.343 Tax notices; additional notice required.—
 1045         (1) An additional tax notice shall be sent, electronically
 1046  or by postal mail, mailed by April 30 to each taxpayer whose
 1047  payment has not been received. Electronic transmission of the
 1048  additional tax notice may be used only with the express consent
 1049  of the property owner. If the electronic transmission is
 1050  returned as undeliverable, a second notice may be sent by postal
 1051  mail. However, the original electronic transmission is the
 1052  official notice for the purpose of this subsection. The notice
 1053  shall include a description of the property and a statement that
 1054  if the taxes are not paid:
 1055         (a) For real property, a tax certificate may be sold; and
 1056         (b) For tangible personal property, the property may be
 1057  sold the following statement: If the taxes for  ...(year) ... on
 1058  your property are not paid, a tax certificate will be sold for
 1059  these taxes, and your property may be sold at a future date.
 1060  Contact the tax collector’s office at once.
 1061         (2) A duplicate of the additional tax notice required by
 1062  subsection (1) shall be mailed to a condominium unit owner’s
 1063  condominium association or to a mobile home owner’s homeowners’
 1064  association as defined in s. 723.075 if the association has
 1065  filed with the tax collector a written request and included a
 1066  description of the land. The tax collector is authorized to
 1067  charge a reasonable fee for the cost of this service.
 1068         (2)(3) When the taxes under s. 193.481 on subsurface rights
 1069  have become delinquent and a tax certificate is to be sold under
 1070  this chapter, a notice of the delinquency shall be given by
 1071  first-class mail to the owner of the fee to which these
 1072  subsurface rights are attached. On the day of the tax sale, the
 1073  fee owner shall have the right to purchase the tax certificate
 1074  at the maximum rate of interest provided by law before bids are
 1075  accepted for the sale of such certificate.
 1076         (3)(4) The tax collector shall mail such additional notices
 1077  as he or she considers proper and necessary or as may be
 1078  required by reasonable rules of the department.
 1079         Section 28. Subsections (1) and (2) of section 197.344,
 1080  Florida Statutes, are amended to read:
 1081         197.344 Lienholders; receipt of notices and delinquent
 1082  taxes.—
 1083         (1) When requested in writing, a tax notice shall be sent
 1084  mailed according to the following procedures:
 1085         (a) Upon request by any taxpayer aged 60 or over, the tax
 1086  collector shall send mail the tax notice to a third party
 1087  designated by the taxpayer. A duplicate copy of the notice shall
 1088  be sent mailed to the taxpayer.
 1089         (b) Upon request by a mortgagee stating that the mortgagee
 1090  is the trustee of an escrow account for ad valorem taxes due on
 1091  the property, the tax notice shall be sent mailed to such
 1092  trustee. When the original tax notice is sent mailed to such
 1093  trustee, the tax collector shall send mail a duplicate notice to
 1094  the owner of the property with the additional statement that the
 1095  original has been sent to the trustee.
 1096         (c) Upon request by a vendee of an unrecorded or recorded
 1097  contract for deed, the tax collector shall send mail a duplicate
 1098  notice to such vendee.
 1099  
 1100  The tax collector may establish cutoff dates, periods for
 1101  updating the list, and any other reasonable requirements to
 1102  ensure that the tax notices are sent mailed to the proper party
 1103  on time. Notices may be sent electronically or by postal mail.
 1104  However, electronic transmission may be used only with the
 1105  express consent of the person making the request. If the
 1106  electronic transmission is returned as undeliverable, a second
 1107  notice may be sent by postal mail. However, the original
 1108  electronic transmission is the official notice for the purpose
 1109  of this subsection.
 1110         (2) On or before May 1 of each year, the holder or
 1111  mortgagee of an unsatisfied mortgage, lienholder, or vendee
 1112  under a contract for deed, upon filing with the tax collector a
 1113  description of property land so encumbered and paying a service
 1114  charge of $2, may request and receive information concerning any
 1115  delinquent taxes appearing on the current tax roll and
 1116  certificates issued on the described property land. Upon receipt
 1117  of such request, the tax collector shall furnish the following
 1118  information within 60 days following the tax certificate sale:
 1119         (a) The description of property on which certificates were
 1120  sold.
 1121         (b) The number of each certificate issued and to whom.
 1122         (c) The face amount of each certificate.
 1123         (d) The cost for redemption of each certificate.
 1124         Section 29. Section 197.3635, Florida Statutes, is amended
 1125  to read:
 1126         197.3635 Combined notice of ad valorem taxes and non-ad
 1127  valorem assessments; requirements.—A form for the combined
 1128  notice of ad valorem taxes and non-ad valorem assessments shall
 1129  be produced and paid for by the tax collector. The form shall
 1130  meet the requirements of this section and department rules and
 1131  shall be subject to approval by the department. By rule the
 1132  department shall provide a format for the form of such combined
 1133  notice. The form shall meet the following requirements:
 1134         (1) It shall contain the title “Notice of Ad Valorem Taxes
 1135  and Non-ad Valorem Assessments.” It shall also contain a receipt
 1136  part that can be returned along with the payment to the tax
 1137  collector.
 1138         (2) It shall provide a clear partition between ad valorem
 1139  taxes and non-ad valorem assessments. Such partition shall be a
 1140  bold horizontal line approximately 1/8 inch thick.
 1141         (2)(3) Within the ad valorem part, it shall contain the
 1142  heading “Ad Valorem Taxes.” Within the non-ad valorem assessment
 1143  part, it shall contain the heading “Non-ad Valorem Assessments.”
 1144         (3)(4) It shall contain the county name, the assessment
 1145  year, the mailing address of the tax collector, the mailing
 1146  address of one property owner, the legal description of the
 1147  property to at least 25 characters, and the unique parcel or tax
 1148  identification number of the property.
 1149         (4)(5) It shall provide for the labeled disclosure of the
 1150  total amount of combined levies and the total discounted amount
 1151  due each month when paid in advance.
 1152         (5)(6) It shall provide a field or portion on the front of
 1153  the notice for official use for data to reflect codes useful to
 1154  the tax collector.
 1155         (6)(7) The combined notice shall be set in type which is 8
 1156  points or larger.
 1157         (7)(8) The ad valorem part shall contain the following:
 1158         (a) A schedule of the assessed value, exempted value, and
 1159  taxable value of the property.
 1160         (b) Subheadings for columns listing taxing authorities,
 1161  corresponding millage rates expressed in dollars and cents per
 1162  $1,000 of taxable value, and the associated tax.
 1163         (c) Taxing authorities listed in the same sequence and
 1164  manner as listed on the notice required by s. 200.069(4)(a),
 1165  with the exception that independent special districts, municipal
 1166  service taxing districts, and voted debt service millages for
 1167  each taxing authority shall be listed separately. If a county
 1168  has too many municipal service taxing units to list separately,
 1169  it shall combine them to disclose the total number of such units
 1170  and the amount of taxes levied.
 1171         (8)(9) Within the non-ad valorem assessment part, it shall
 1172  contain the following:
 1173         (a) Subheadings for columns listing the levying
 1174  authorities, corresponding assessment rates expressed in dollars
 1175  and cents per unit of assessment, and the associated assessment
 1176  amount.
 1177         (b) The purpose of the assessment, if the purpose is not
 1178  clearly indicated by the name of the levying authority.
 1179         (c) A listing of the levying authorities in the same order
 1180  as in the ad valorem part to the extent practicable. If a county
 1181  has too many municipal service benefit units to list separately,
 1182  it shall combine them by function.
 1183         (9)(10) It shall provide instructions and useful
 1184  information to the taxpayer. Such information and instructions
 1185  shall be nontechnical to minimize confusion. The information and
 1186  instructions required by this section shall be provided by
 1187  department rule and shall include:
 1188         (a) Procedures to be followed when the property has been
 1189  sold or conveyed.
 1190         (b) Instruction as to mailing the remittance and receipt
 1191  along with a brief disclosure of the availability of discounts.
 1192         (c) Notification about delinquency and interest for
 1193  delinquent payment.
 1194         (d) Notification that failure to pay the amounts due will
 1195  result in a tax certificate being issued against the property.
 1196         (e) A brief statement outlining the responsibility of the
 1197  tax collector, the property appraiser, and the taxing
 1198  authorities. This statement shall be accompanied by directions
 1199  as to which office to contact for particular questions or
 1200  problems.
 1201         Section 30. Subsections (2) and (4) of section 197.373,
 1202  Florida Statutes, are amended to read:
 1203         197.373 Payment of portion of taxes.—
 1204         (2) The request must be made at least 45 15 days prior to
 1205  the tax certificate sale.
 1206         (4) This section does not apply to assessments and
 1207  collections made pursuant to the provisions of s. 192.037 or
 1208  when taxes have been paid.
 1209         Section 31. Subsections (1) and (3) of section 197.402,
 1210  Florida Statutes, are amended to read:
 1211         197.402 Advertisement of real or personal property with
 1212  delinquent taxes.—
 1213         (1) If Whenever legal advertisements are required, the
 1214  board of county commissioners shall select the newspaper as
 1215  provided in chapter 50. The office of the tax collector shall
 1216  pay all newspaper charges, and the proportionate cost of the
 1217  advertisements shall be added to the delinquent taxes when they
 1218  are collected.
 1219         (3) Except as provided in s. 197.432(4), on or before June
 1220  1 or the 60th day after the date of delinquency, whichever is
 1221  later, the tax collector shall advertise once each week for 3
 1222  weeks and shall sell tax certificates on all real property
 1223  having with delinquent taxes. If the deadline falls on a
 1224  Saturday, Sunday, or legal holiday, it is extended to the next
 1225  working day. The tax collector shall make a list of such
 1226  properties in the same order in which the property was lands
 1227  were assessed, specifying the amount due on each parcel,
 1228  including interest at the rate of 18 percent per year from the
 1229  date of delinquency to the date of sale; the cost of
 1230  advertising; and the expense of sale.
 1231         Section 32. Section 197.403, Florida Statutes, is amended
 1232  to read:
 1233         197.403 Publisher to furnish copy of advertisement to tax
 1234  collector; Proof of publication; fees.—The newspaper publishing
 1235  the notice of a tax sale shall furnish transmit by mail a copy
 1236  of the paper containing each notice to the tax collector within
 1237  10 days after the last required publication. When the
 1238  publication of the tax sale notice is completed as provided by
 1239  law, the publisher shall make an affidavit, in the form
 1240  prescribed by the department, which shall be delivered to the
 1241  tax collector and annexed to the report of certificates sold for
 1242  taxes as provided by s. 197.432(9) s. 197.432(8).
 1243         Section 33. Subsections (5) and (10) of section 197.413,
 1244  Florida Statutes, are amended to read:
 1245         197.413 Delinquent personal property taxes; warrants; court
 1246  order for levy and seizure of personal property; seizure; fees
 1247  of tax collectors.—
 1248         (5) Upon the filing of the such petition, the clerk of the
 1249  court shall notify each delinquent taxpayer listed in the
 1250  petition that a petition has been filed and that, upon
 1251  ratification and confirmation of the petition, the tax collector
 1252  is will be authorized to issue warrants and levy upon, seize,
 1253  and sell so much of the taxpayer’s tangible personal property as
 1254  to satisfy the delinquent taxes, plus costs, interest,
 1255  attorney’s fees, and other charges. The Such notice shall be
 1256  given by certified mail, return receipt requested. If agreed to
 1257  by the clerk of court, the tax collector may provide the
 1258  notification.
 1259         (10) The tax collector is entitled to a fee of $10 $2 from
 1260  each delinquent taxpayer at the time delinquent taxes are
 1261  collected. The tax collector is entitled to receive an
 1262  additional $8 for each warrant issued.
 1263         Section 34. Section 197.414, Florida Statutes, is amended
 1264  to read:
 1265         197.414 Tax collector to keep Record of warrants and levies
 1266  on tangible personal property.—The tax collector shall keep a
 1267  record of all warrants and levies made under this chapter and
 1268  shall note on such record the date of payment, the amount of
 1269  money, if any, received, and the disposition thereof made by him
 1270  or her. Such record shall be known as “the tangible personal
 1271  property tax warrant register.and the form thereof shall be
 1272  prescribed by the Department of Revenue. The warrant register
 1273  may be maintained in paper or electronic form.
 1274         Section 35. Subsections (1) and (2) of section 197.4155,
 1275  Florida Statutes, are amended to read:
 1276         197.4155 Delinquent personal property taxes; installment
 1277  payment program.—
 1278         (1) A county tax collector may implement a an installment
 1279  payment program for the payment of delinquent personal property
 1280  taxes. If implemented, the program must be available, upon
 1281  application to the tax collector, to each delinquent personal
 1282  property taxpayer whose delinquent personal property taxes
 1283  exceed $1,000. The tax collector shall require each taxpayer who
 1284  requests to participate in the program to submit an application
 1285  on a form prescribed by the tax collector which, at a minimum,
 1286  must include the name, address, a description of the property
 1287  subject to personal property taxes, and the amount of the
 1288  personal property taxes owed by the taxpayer.
 1289         (2) Within 10 days after a taxpayer who owes delinquent
 1290  personal property taxes submits the required application, the
 1291  tax collector may shall prescribe a an installment payment plan
 1292  for the full payment of the taxpayer’s delinquent personal
 1293  property taxes, including any delinquency charges, interest, and
 1294  costs allowed by this chapter. The plan must be in writing and
 1295  must be delivered to the taxpayer after it is prescribed. At the
 1296  time the plan is developed, the tax collector may consider a
 1297  taxpayer’s current and anticipated future ability to pay over
 1298  the time period of a potential installment payment plan. The
 1299  plan must provide that if the taxpayer does not follow the
 1300  payment terms or fails to timely file returns or pay current
 1301  obligations after the date of the payment plan, the taxpayer
 1302  shall will be considered delinquent under the terms of the plan,
 1303  and any unpaid balance of tax, penalty, or interest scheduled in
 1304  the payment plan will be due and payable immediately. The plan
 1305  must also provide that unpaid tax amounts bear interest as
 1306  provided by law. In prescribing a such an installment payment
 1307  plan, the tax collector may exercise flexibility as to the
 1308  dates, amounts, and number of payments required to collect all
 1309  delinquent personal property taxes owed by the taxpayer, except
 1310  that the plan must provide for the full satisfaction of all
 1311  amounts owed by the taxpayer within by no later than 3 years
 1312  after the due date of the first payment under the plan.
 1313         Section 36. Section 197.416, Florida Statutes, is amended
 1314  to read:
 1315         197.416 Continuing duty of the tax collector to collect
 1316  delinquent tax warrants; limitation of actions.—It is shall be
 1317  the duty of the tax collector issuing a tax warrant for the
 1318  collection of delinquent tangible personal property taxes to
 1319  continue from time to time his or her efforts to collect such
 1320  taxes for a period of 7 years after from the date of the
 1321  ratification issuance of the warrant. After the expiration of 7
 1322  years, the warrant is will be barred by this statute of
 1323  limitation, and no action may be maintained in any court. A tax
 1324  collector or his or her successor is shall not be relieved of
 1325  accountability for collection of any taxes assessed on tangible
 1326  personal property until he or she has completely performed every
 1327  duty devolving upon the tax collector as required by law.
 1328         Section 37. Subsection (1) of section 197.417, Florida
 1329  Statutes, is amended to read:
 1330         197.417 Sale of personal property after seizure.—
 1331         (1) When personal property is levied upon for delinquent
 1332  taxes as provided for in s. 197.413, at least 15 days before the
 1333  sale the tax collector shall give public notice by advertisement
 1334  of the time and place of sale of the property to be sold. The
 1335  notice shall be posted in at least two three public places in
 1336  the county, one of which shall be at the courthouse, and the
 1337  property shall be sold at public auction at the location noted
 1338  in the advertisement. Notice posted on the Internet qualifies as
 1339  one location. The property sold shall be present if practical.
 1340  When the sale is conducted electronically, a description of the
 1341  property and a photograph, when practical, shall be available.
 1342  At any time before the sale the owner or claimant of the
 1343  property may release the property by the payment of the taxes,
 1344  plus delinquent charges, interest, and costs, for which the
 1345  property was liable to be sold. In all cases, immediate payment
 1346  for the property shall be required. In case such a sale is made,
 1347  the tax collector shall be entitled to the same fees and charges
 1348  as are allowed sheriffs upon execution sales.
 1349         Section 38. Section 197.432, Florida Statutes, is amended
 1350  to read:
 1351         197.432 Sale of tax certificates for unpaid taxes.—
 1352         (1) On the day and approximately at the time designated in
 1353  the notice of the sale, the tax collector shall commence the
 1354  sale of tax certificates on the real property those lands on
 1355  which taxes have not been paid, and he or she shall continue the
 1356  sale from day to day until each certificate is sold to pay the
 1357  taxes, interest, costs, and charges on the parcel described in
 1358  the certificate. In case there are no bidders, the certificate
 1359  shall be issued to the county. The tax collector shall offer all
 1360  certificates on the property lands as they are listed on the tax
 1361  roll assessed. The tax collector may conduct the sale of tax
 1362  certificates for unpaid taxes pursuant to this section by
 1363  electronic means. Such electronic means shall comply with the
 1364  procedures provided in this chapter. A tax collector who chooses
 1365  to conduct such electronic sales may receive electronic deposits
 1366  and payments related to the tax certificate sale.
 1367         (2) A lien created through the sale of a tax certificate
 1368  may not be enforced in any manner except as prescribed in this
 1369  chapter.
 1370         (3) Delinquent real property taxes on real property may be
 1371  paid after the date of delinquency by paying the tax and all
 1372  interest, costs, and charges but must be completed before a tax
 1373  certificate is awarded to a buyer or struck to the county at the
 1374  tax certificate sale of all governmental units due on a parcel
 1375  of land in any one year shall be combined into one certificate.
 1376         (4) A tax certificate representing less than $250 $100 in
 1377  delinquent taxes on property that has been granted a homestead
 1378  exemption for the year in which the delinquent taxes were
 1379  assessed may not be sold at public auction or by electronic sale
 1380  as provided in subsection (1) (16) but must shall be issued by
 1381  the tax collector to the county at the maximum rate of interest
 1382  allowed under s. 197.262(2) by this chapter. The provisions of
 1383  s. 197.502(3) may shall not be invoked if as long as the
 1384  homestead exemption is granted to the person who received the
 1385  homestead exemption for the year in which the tax certificate
 1386  was issued. However, when all such tax certificates and accrued
 1387  interest thereon represent an amount of $250 $100 or more, the
 1388  provisions of s. 197.502(3) shall be invoked.
 1389         (5)Any tax certificate available for sale on land which
 1390  is, prior to the time of sale, the subject of a tax deed
 1391  application filed by the county shall be struck to the county.
 1392         (6)(5) Each certificate shall be awarded struck off to the
 1393  person who will pay the taxes, interest, costs, and charges and
 1394  will demand the lowest rate of interest, not in excess of the
 1395  maximum rate of interest allowed by this chapter. The tax
 1396  collector shall accept bids in even increments and in fractional
 1397  interest rate bids of one-quarter of 1 percent only. Proxy
 1398  bidding is valid when authorized or accepted by the potential
 1399  buyer of the certificate. When there are multiple bidders
 1400  offering the same lowest rate of interest, the tax collector
 1401  shall determine the method of selecting the bidder to whom the
 1402  certificate will be awarded. Acceptable methods include the bid
 1403  received first or use of a random number generator. If there is
 1404  no buyer, the certificate shall be struck issued to the county
 1405  at the maximum rate of interest allowed by this chapter.
 1406         (7)(6) The tax collector may shall require immediate
 1407  payment of a reasonable deposit from any person who wishes to
 1408  bid for a tax certificate. A person who fails or refuses to pay
 1409  any bid made by, or on behalf of, such person him or her is not
 1410  entitled to bid or have any other bid accepted or enforced
 1411  except as authorized by the tax collector until a new deposit of
 1412  100 percent of the amount of estimated purchases has been paid
 1413  to the tax collector. When tax certificates are ready for
 1414  issuance, The tax collector shall provide written or electronic
 1415  notice when certificates are notify each person to whom a
 1416  certificate was struck off that the certificate is ready for
 1417  issuance. and Payment must be made within 48 hours after from
 1418  the transmission of the electronic notice by the tax collector
 1419  or receipt of the written notice by the certificate buyer
 1420  mailing of such notice or, at the tax collector’s discretion,
 1421  all or any portion of the deposit placed by the bidder may be
 1422  the deposit shall be forfeited and the bid canceled. In any
 1423  event, Payment must shall be made before the issuance delivery
 1424  of the certificate by the tax collector. If the tax collector
 1425  determines that payment has been requested in error, the tax
 1426  collector shall issue a refund within 15 business days of such
 1427  determination. Any refund issued after 15 business days shall be
 1428  issued with interest at the rate of 5 percent.
 1429         (8)(7)The form of the certificate shall be as prescribed
 1430  by the department. Upon the cancellation of a any bid:, the tax
 1431  collector shall resell that certificate the following day or as
 1432  soon thereafter as possible, provided the certificate is sold
 1433  within 10 days after cancellation of such bid.
 1434         (a) If the sale has not been adjourned, the tax collector
 1435  shall reoffer the certificate for sale.
 1436         (b) If the sale has been adjourned, the tax collector shall
 1437  reoffer the certificate at a subsequent sale. Prior to the
 1438  subsequent sale, the parcels must be readvertised pursuant to s.
 1439  197.402(3).
 1440         (9)(8) The tax collector shall maintain records make a list
 1441  of all the certificates sold for taxes, showing the date of the
 1442  sale, the number of each certificate, the name of the owner as
 1443  returned, a description of the property land within the
 1444  certificate, the name of the purchaser, the interest rate bid,
 1445  and the amount for which sale was made. Such records may be
 1446  maintained electronically and shall This list shall be cited
 1447  known as the “list of tax certificates sold.” The tax collector
 1448  shall append to the list a certificate setting forth the fact
 1449  that the sale was made in accordance with this chapter.
 1450         (10)(9) A certificate may not be sold on, and a nor is any
 1451  lien is not created in, property owned by any governmental unit
 1452  that the property of which has become subject to taxation due to
 1453  lease of the property to a nongovernmental lessee. The
 1454  delinquent taxes shall be enforced and collected in the manner
 1455  provided in s. 196.199(8). However, the ad valorem real property
 1456  taxes levied on a leasehold that is taxed as real property under
 1457  s. 196.199(2)(b), and for which no rental payments are due under
 1458  the agreement that created the leasehold or for which payments
 1459  required under the original leasehold agreement have been waived
 1460  or prohibited by law before January 1, 1993, must be paid by the
 1461  lessee. If the taxes are unpaid, the delinquent taxes become a
 1462  lien on the leasehold and may be collected and enforced under
 1463  this chapter.
 1464         (11)(10) Any tax certificates that issued pursuant to this
 1465  section after January 1, 1977, which are void due to an error of
 1466  the property appraiser, the tax collector, or the taxing or
 1467  levying authority any other county official, or any municipal
 1468  official and which are subsequently canceled, or which are
 1469  corrected or amended, pursuant to this chapter or chapter 196,
 1470  shall earn interest at the rate of 8 percent per year, simple
 1471  interest, or the rate of interest bid at the tax certificate
 1472  sale, whichever is less, calculated monthly from the date the
 1473  certificate was purchased until the date the tax collector
 1474  issues the refund is ordered. Refunds made on tax certificates
 1475  that are corrected or void shall be processed in accordance with
 1476  the procedure set forth in s. 197.182, except that the 4-year
 1477  time period provided for in s. 197.182(1)(e) s. 197.182(1)(c)
 1478  does not apply to or bar refunds resulting from correction or
 1479  cancellation of certificates and release of tax deeds as
 1480  authorized herein.
 1481         (12)(11) When tax certificates are advertised for sale, the
 1482  tax collector shall be entitled to a commission of 5 percent on
 1483  the amount of the delinquent taxes and interest when actual sale
 1484  is made. However, the tax collector is shall not be entitled to
 1485  any commission for the issuance sale of certificates made to the
 1486  county until the commission is paid upon the redemption or sale
 1487  of the tax certificates. If When a tax deed is issued to the
 1488  county, the tax collector may shall not receive his or her
 1489  commission for the certificates until after the property is sold
 1490  and conveyed by the county.
 1491         (12) All tax certificates issued to the county shall be
 1492  held by the tax collector of the county where the lands covered
 1493  by the certificates are located.
 1494         (13) Delinquent taxes on real property may be paid after
 1495  the date of delinquency but prior to the sale of a tax
 1496  certificate by paying all costs, advertising charges, and
 1497  interest.
 1498         (13)(14) The holder of a tax certificate may not directly,
 1499  through an agent, or otherwise initiate contact with the owner
 1500  of property upon which he or she holds a tax certificate to
 1501  encourage or demand payment until 2 years after have elapsed
 1502  since April 1 of the year of issuance of the tax certificate.
 1503         (14)(15) Any holder of a tax certificate who, prior to the
 1504  date 2 years after April 1 of the year of issuance of the tax
 1505  certificate, initiates, or whose agent initiates, contact with
 1506  the property owner upon which he or she holds a certificate
 1507  encouraging or demanding payment may be barred by the tax
 1508  collector from bidding at a tax certificate sale. Unfair or
 1509  deceptive contact by the holder of a tax certificate to a
 1510  property owner to obtain payment is an unfair and deceptive
 1511  trade practice, as referenced in s. 501.204(1), regardless of
 1512  whether the tax certificate is redeemed. Such unfair or
 1513  deceptive contact is actionable under ss. 501.2075-501.211. If
 1514  the property owner later redeems the certificate in reliance on
 1515  the deceptive or unfair practice, the unfair or deceptive
 1516  contact is actionable under applicable laws prohibiting fraud.
 1517         (16) The county tax collector may conduct the sale of tax
 1518  certificates for unpaid taxes pursuant to this section by
 1519  electronic means. Such electronic sales shall comply with the
 1520  procedures provided in this chapter. The tax collector shall
 1521  provide access to such electronic sale by computer terminals
 1522  open to the public at a designated location. A tax collector who
 1523  chooses to conduct such electronic sales may receive electronic
 1524  deposits and payments related to the tax certificate sale.
 1525         Section 39. Section 197.4325, Florida Statutes, is amended
 1526  to read:
 1527         197.4325 Procedure when checks received for payment of
 1528  taxes or tax certificates is are dishonored.—
 1529         (1)(a) Within 10 days after a payment for taxes check
 1530  received by the tax collector for payment of taxes is
 1531  dishonored, the tax collector shall notify the payor maker of
 1532  the check that the payment check has been dishonored. If the
 1533  official receipt is canceled for nonpayment, the tax collector
 1534  shall cancel the official receipt issued for the dishonored
 1535  check and shall make an entry on the tax roll that the receipt
 1536  was canceled because of a dishonored payment check. Where
 1537  practicable, The tax collector may shall make a reasonable
 1538  effort to collect the moneys due before canceling the receipt.
 1539         (b) The tax collector shall retain a copy of the canceled
 1540  tax receipt and the dishonored check for the period of time
 1541  required by law.
 1542         (2)(a)If When a payment check received by the tax
 1543  collector for the purchase of a tax certificate is dishonored
 1544  and: the certificate has not been delivered to the bidder, the
 1545  tax collector shall retain the deposit and resell the tax
 1546  certificate. If the certificate has been delivered to the
 1547  bidder, the tax collector shall notify the department, and, upon
 1548  approval by the department, the certificate shall be canceled
 1549  and resold.
 1550         (b) When a bidder’s deposit is forfeited, the tax collector
 1551  shall retain the deposit and resell the tax certificate.
 1552         (a)1.If The tax certificate sale has been adjourned, the
 1553  tax collector shall readvertise the tax certificate to be
 1554  resold. When the bidder’s deposit is forfeited and the
 1555  certificate is readvertised, the deposit shall be used to pay
 1556  the advertising fees before other costs or charges are imposed.
 1557  Any portion of the bidder’s forfeit deposit that remains after
 1558  advertising and other costs or charges have been paid shall be
 1559  deposited by the tax collector into his or her official office
 1560  account. If the tax collector fails to require a deposit and tax
 1561  certificates are resold, the advertising charges required for
 1562  the second sale shall not be added to the face value of the tax
 1563  certificate.
 1564         (b)2.If The tax certificate sale has not been adjourned,
 1565  the tax collector shall cancel the previous bid pursuant to s.
 1566  197.432(8)(a) add the certificates to be resold to the sale list
 1567  and continue the sale until all tax certificates are sold.
 1568         Section 40. Subsection (2) of section 197.442, Florida
 1569  Statutes, is amended to read:
 1570         197.442 Tax collector not to sell certificates on land on
 1571  which taxes have been paid; penalty.—
 1572         (2) The office of the tax collector shall be responsible to
 1573  the publisher for costs of advertising property lands on which
 1574  the taxes have been paid, and the office of the property
 1575  appraiser shall be responsible to the publisher for the costs of
 1576  advertising property lands doubly assessed or assessed in error.
 1577         Section 41. Section 197.443, Florida Statutes, is amended
 1578  to read:
 1579         197.443 Cancellation of void tax certificates; correction
 1580  of tax certificates; procedure.—
 1581         (1) If When a tax certificate on real property lands has
 1582  been sold for unpaid taxes and:
 1583         (a) The tax certificate evidencing the sale is void because
 1584  the taxes on the property lands have been paid;
 1585         (b) The property was lands were not subject to taxation at
 1586  the time of the assessment on which they were sold;
 1587         (c) The description of the property in the tax certificate
 1588  is void or has been corrected or amended;
 1589         (d) An error of commission or omission has occurred which
 1590  invalidates the sale;
 1591         (e) The circuit court has voided the tax certificate by a
 1592  suit to cancel the tax certificate by the holder;
 1593         (f) The tax certificate is void for any other reason; or
 1594         (g) An error in assessed value has occurred for which the
 1595  tax certificate may be corrected,
 1596  
 1597  the tax collector shall forward a certificate of such error to
 1598  the department and enter a memorandum of error upon the list of
 1599  certificates sold for taxes a memorandum of such error. The
 1600  department, upon receipt of the such certificate, if satisfied
 1601  of the correctness of the certificate of error or upon receipt
 1602  of a court order, shall notify the tax collector, who shall
 1603  cancel or correct the certificate. Tax certificate corrections
 1604  or cancellations that have been ordered by a court or requested
 1605  by the tax certificate holder which do not result from changes
 1606  made in the assessed value on a tax roll certified to the tax
 1607  collector shall be made by the tax collector without order from
 1608  the department.
 1609         (2) The holder of a tax certificate who pays, redeems, or
 1610  causes to be corrected or to be canceled and surrendered by any
 1611  other tax certificates, or who pays any subsequent and omitted
 1612  taxes or costs, in connection with the foreclosure of a tax
 1613  certificate or tax deed that is, and when such other
 1614  certificates or such subsequent and omitted taxes are void or
 1615  corrected for any reason, the person paying, redeeming, or
 1616  causing to be corrected or to be canceled and surrendered the
 1617  other tax certificates or paying the other subsequent and
 1618  omitted taxes is entitled to a refund obtain the return of the
 1619  amount paid together with interest from the date of payment
 1620  through the day of issuance of the refund at the rate specified
 1621  in s. 197.432(11) therefor.
 1622         (a) The county officer or taxing or levying authority that,
 1623  as the case may be, which causes an error that results in the
 1624  voiding issuance of a void tax certificate shall be charged for
 1625  the costs of advertising incurred in the sale of a new the tax
 1626  certificate.
 1627         (b) If When the owner of a tax certificate requests that
 1628  the certificate be canceled for any reason, or that the amount
 1629  of the certificate be amended as a result of payments received
 1630  due to an intervening bankruptcy or receivership, but does not
 1631  seek a refund, the tax collector shall cancel or amend the tax
 1632  certificate and a refund shall not be processed. The tax
 1633  collector shall require the owner of the tax certificate to
 1634  execute a written statement that he or she is the holder of the
 1635  tax certificate, that he or she wishes the certificate to be
 1636  canceled or amended, and that a refund is not expected and is
 1637  not to be made.
 1638         (3) If When the tax certificate or a tax deed based upon
 1639  the certificate is held by an individual, the collector shall at
 1640  once notify the original purchaser of the certificate or tax
 1641  deed or the subsequent holder thereof, if known, that upon the
 1642  voluntary surrender of the certificate or deed of release of any
 1643  his or her rights under the tax deed, a refund will be made of
 1644  the amount received by the governmental units for the
 1645  certificate or deed, plus $1 for the deed of release.
 1646         (4) The refund shall be made in accordance with the
 1647  procedure set forth in s. 197.182, except that the 4-year time
 1648  period provided for in s. 197.182(1)(e) s. 197.182(1)(c) does
 1649  not apply to or bar refunds resulting from correction or
 1650  cancellation of certificates and release of tax deeds as
 1651  authorized in this section herein.
 1652         Section 42. Section 197.462, Florida Statutes, is amended
 1653  to read:
 1654         197.462 Transfer of tax certificates held by individuals.—
 1655         (1) All tax certificates issued to an individual may be
 1656  transferred by endorsement at any time before they are redeemed
 1657  or a tax deed is executed thereunder.
 1658         (2) The official endorsement of a tax certificate by the
 1659  tax collector with the date and the amount received and its
 1660  entry on the record of tax certificates sold shall be sufficient
 1661  evidence of the assignment of it.
 1662         (2)(3) The tax collector shall record the transfer on the
 1663  record of tax certificates sold.
 1664         (3)(4) The tax collector shall receive $2.25 as a service
 1665  charge for each transfer endorsement.
 1666         Section 43. Section 197.472, Florida Statutes, is amended
 1667  to read:
 1668         197.472 Redemption of tax certificates.—
 1669         (1) Any person may redeem a tax certificate or purchase a
 1670  county-held certificate at any time after the certificate is
 1671  issued and before a tax deed is issued or the property is placed
 1672  on the list of lands available for sale. The person redeeming or
 1673  purchasing a tax certificate shall pay to the tax collector in
 1674  the county where the land is situated the face amount plus all
 1675  interest, costs, and charges. of the certificate or the part
 1676  thereof that the part or interest purchased or redeemed bears to
 1677  the whole. Upon purchase or redemption being made, the person
 1678  shall pay all taxes, interest, costs, charges, and omitted
 1679  taxes, if any, as provided by law upon the part or parts of the
 1680  certificate so purchased or redeemed.
 1681         (2) When a tax certificate is redeemed and the interest
 1682  earned on the tax certificate is less than 5 percent of the face
 1683  amount of the certificate, a mandatory charge of 5 percent shall
 1684  be levied upon the tax certificate. The person redeeming the tax
 1685  certificate shall pay the interest rate due on the certificate
 1686  or the 5-percent mandatory charge, whichever is greater. This
 1687  subsection applies to all county-held tax certificates and all
 1688  individual tax certificates except those with an interest rate
 1689  bid of zero percent.
 1690         (3) The tax collector shall receive a fee of $6.25 for each
 1691  tax certificate purchased or redeemed.
 1692         (4) When only A portion of a certificate may be is being
 1693  redeemed only if or purchased and such portion can be
 1694  ascertained by legal description and the portion to be redeemed
 1695  is evidenced by a contract for sale or recorded deed., The tax
 1696  collector shall make a written request for apportionment to the
 1697  property appraiser and. within 15 days after such request, the
 1698  property appraiser shall furnish the tax collector a certificate
 1699  apportioning the value to that portion sought to be redeemed and
 1700  to the remaining land covered by the certificate.
 1701         (5) When a tax certificate is purchased or redeemed, the
 1702  tax collector shall give to the person a receipt and certificate
 1703  showing the amount paid for the purchase or redemption, a
 1704  description of the land, and the date, number, and amount of the
 1705  certificate, certificates, or part of certificate which is
 1706  purchased or redeemed, which shall be in the form prescribed by
 1707  the department. If a tax certificate is redeemed in full, the
 1708  certificate shall be surrendered to the tax collector by the
 1709  original purchaser and canceled by the tax collector. If only a
 1710  part is purchased or redeemed, the portion and description of
 1711  land, with date of purchase or redemption, shall be endorsed on
 1712  the certificate by the tax collector. The certificate shall be
 1713  retained by the owner, or the tax collector if the certificate
 1714  is a county-held certificate, subject to the endorsement. The
 1715  purchase or redemption shall be entered by the tax collector on
 1716  the record of tax certificates sold.
 1717         (5)(6) When a tax certificate has been purchased or
 1718  redeemed, the tax collector shall pay to the owner of the tax
 1719  certificate the amount received by the tax collector less the
 1720  redemption fee within 15 business days of the date of receipt of
 1721  the redemption. If the payment to the tax certificate owner is
 1722  not issued within 15 business days, the tax collector shall pay
 1723  interest at the rate of 5 percent to the certificate owner
 1724  service charges.
 1725         (6)(7) Nothing in this section shall be deemed to deny any
 1726  person the right to purchase or redeem any outstanding tax
 1727  certificate in accordance with the law in force when it was
 1728  issued. However, the provisions of s. 197.573 relating to
 1729  survival of restrictions and covenants after the issuance of a
 1730  tax deed are not repealed by this chapter and apply regardless
 1731  of the manner in which the tax deed was issued.
 1732         (7)(8) The provisions of subsection (4) do not apply to
 1733  collections made pursuant to the provisions of s. 192.037.
 1734         Section 44. Section 197.4725, Florida Statutes, is created
 1735  to read:
 1736         197.4725 Purchase of county-held tax certificates.—
 1737         (1) Any person may purchase a county-held tax certificate
 1738  at any time after the tax certificate is issued and before a tax
 1739  deed application is made. The person purchasing a county-held
 1740  tax certificate shall pay to the tax collector the face amount
 1741  plus all interest, costs, and charges or, subject to s.
 1742  197.472(4), the part described in the tax certificate.
 1743         (2) When a county-held tax certificate is purchased, the
 1744  interest earned shall be calculated at 1.5 percent per month, or
 1745  a fraction thereof, to the date of purchase.
 1746         (3) The tax collector shall receive a fee of $6.25 for each
 1747  county-held tax certificate purchased.
 1748         (4) The provisions of this section do not apply to
 1749  collections made pursuant to the provisions of s. 192.037.
 1750         (5) The tax collector may use electronic means to make
 1751  known county-held tax certificates that are available for
 1752  purchase and to complete the purchase. The tax collector may
 1753  charge a reasonable fee for costs incurred in providing such
 1754  electronic services.
 1755         (6)The purchaser of a county-held tax certificate shall be
 1756  issued a new tax certificate with a face value that includes all
 1757  sums paid to acquire the certificate from the county, including
 1758  accrued interest and charges paid pursuant to this section. The
 1759  date the county-held certificate was issued shall be the date
 1760  used to determine the date on which an application for tax deed
 1761  may be made.
 1762         Section 45. Section 197.473, Florida Statutes, is amended
 1763  to read:
 1764         197.473 Disposition of unclaimed redemption moneys.—
 1765         (1)After Money paid to the tax collector for the
 1766  redemption of a tax certificate or a tax deed application that
 1767  certificates has been held for 90 days, which money is payable
 1768  to the holder of a redeemed tax certificate but for which no
 1769  claim has been made or which fails to be presented for payment,
 1770  is considered unclaimed as defined in s. 717.113 and shall be
 1771  remitted to the state pursuant to s. 717.117, on the first day
 1772  of the following quarter the tax collector shall remit such
 1773  unclaimed moneys to the board of county commissioners, less the
 1774  sum of $5 on each $100 or fraction thereof which shall be
 1775  retained by the tax collector as service charges.
 1776         (2) Two years after the date the unclaimed redemption
 1777  moneys were remitted to the board of county commissioners, all
 1778  claims to such moneys are forever barred, and such moneys become
 1779  the property of the county.
 1780         Section 46. Section 197.482, Florida Statutes, is amended
 1781  to read:
 1782         197.482 Expiration Limitation upon lien of tax
 1783  certificate.—
 1784         (1)Seven After the expiration of 7 years after from the
 1785  date of issuance of a tax certificate, which is the date of the
 1786  first day of the tax certificate sale as advertised under s.
 1787  197.432, of a tax certificate, if a tax deed has not been
 1788  applied for on the property covered by the certificate, and no
 1789  other administrative or legal proceeding has existed of record,
 1790  the tax certificate is null and void, and the tax collector
 1791  shall be canceled. The tax collector shall note cancel the tax
 1792  certificate, noting the date of the cancellation of the tax
 1793  certificate upon all appropriate records in his or her office.
 1794  The tax collector shall complete the cancellation by entering
 1795  opposite the record of the 7-year-old tax certificate a notation
 1796  in substantially the following form: “Canceled by Act of 1973
 1797  Florida Legislature.” All certificates outstanding July 1, 1973,
 1798  shall have a life of 20 years from the date of issue. This
 1799  subsection does not apply to deferred payment tax certificates.
 1800         (2) The provisions and limitations herein prescribed for
 1801  tax certificates do not apply to tax certificates which were
 1802  sold under the provisions of chapter 18296, Laws of Florida,
 1803  1937, commonly known as the “Murphy Act.”
 1804         Section 47. Section 197.492, Florida Statutes, is amended
 1805  to read:
 1806         197.492 Errors and insolvencies report list.—On or before
 1807  the 60th day after the tax certificate sale is adjourned, the
 1808  tax collector shall certify make out a report to the board of
 1809  county commissioners a report separately showing the discounts,
 1810  errors, double assessments, and insolvencies relating to tax
 1811  collections for which credit is to be given, including in every
 1812  case except discounts, the names of the parties on whose account
 1813  the credit is to be allowed. The report may be submitted in an
 1814  electronic format. The board of county commissioners, upon
 1815  receiving the report, shall examine it; make such investigations
 1816  as may be necessary; and, if the board discovers that the tax
 1817  collector has taken credit as an insolvent item any personal
 1818  property tax due by a solvent taxpayer, charge the amount of
 1819  taxes represented by such item to the tax collector and not
 1820  approve the report until the tax collector strikes such item
 1821  from the record.
 1822         Section 48. Section 197.502, Florida Statutes, is amended
 1823  to read:
 1824         197.502 Application for obtaining tax deed by holder of tax
 1825  sale certificate; fees.—
 1826         (1) The holder of a any tax certificate, other than the
 1827  county, at any time after 2 years have elapsed since April 1 of
 1828  the year of issuance of the tax certificate and before the
 1829  expiration of 7 years after from the date of issuance, may file
 1830  the certificate and an application for a tax deed with the tax
 1831  collector of the county where the property lands described in
 1832  the certificate is are located. The application may be made on
 1833  the entire parcel of property or any part thereof which is
 1834  capable of being readily separated from the whole. The tax
 1835  collector may charge shall be allowed a tax deed application fee
 1836  of $75, plus reimbursement for any fee charged to the tax
 1837  collector by a vendor for providing an electronic tax deed
 1838  application program or service.
 1839         (2) A Any certificateholder, other than the county, may
 1840  notify the tax collector at any time of the certificateholder’s
 1841  intent to make application for tax deed. However, if the tax
 1842  deed application will be filed within the month of the earliest
 1843  date allowed pursuant to s. 197.502(1), the certificateholder
 1844  must provide the tax collector with a notice of intent to make
 1845  application no later than 30 days before the date of
 1846  application. The tax collector shall notify the
 1847  certificateholder of the total amount due or the estimated
 1848  amount due, which must include the amount due for redemption or
 1849  purchase of all other outstanding tax certificates, plus
 1850  interest; any omitted taxes, plus interest; any delinquent
 1851  taxes, plus interest; and current taxes, if due, which cover the
 1852  land. The tax collector shall provide this notice at the
 1853  earliest possible date but no later than 30 days from the tax
 1854  collector’s receipt of the certficateholder’s notice of intent
 1855  to make application. The certificateholder is required to pay
 1856  the total amount due or the estimated amount due at the time of
 1857  application. who makes application for a tax deed shall pay the
 1858  tax collector at the time of application all amounts required
 1859  for redemption or purchase of all other outstanding tax
 1860  certificates, plus interest, any omitted taxes, plus interest,
 1861  any delinquent taxes, plus interest, and current taxes, if due,
 1862  covering the land.
 1863         (3) The county in which where the property lands described
 1864  in the certificate is are located shall apply make application
 1865  for a tax deed on all county-held certificates on property
 1866  valued at $5,000 or more on the property appraiser’s most recent
 1867  assessment roll, except deferred payment tax certificates, and
 1868  may apply for tax deeds make application on those certificates
 1869  on property valued at less than $5,000 on the property
 1870  appraiser’s most recent assessment roll. The Such application
 1871  shall be made 2 years after April 1 of the year of issuance of
 1872  the certificates or as soon thereafter as is reasonable. Upon
 1873  application for a tax deed, the county shall deposit with the
 1874  tax collector all applicable costs and fees, but may shall not
 1875  deposit any money to cover the redemption of other outstanding
 1876  certificates covering the property land. The tax collector may
 1877  charge a tax deed application fee of $75, plus reimbursement for
 1878  any fee charged to the tax collector by a vendor for providing
 1879  an electronic tax deed application program or service.
 1880         (4) The tax collector shall deliver to the clerk of the
 1881  circuit court a statement that payment has been made for all
 1882  outstanding certificates or, if the certificate is held by the
 1883  county, that all appropriate fees have been deposited, and
 1884  stating that the following persons are to be notified prior to
 1885  the sale of the property:
 1886         (a) Any legal titleholder of record if the address of the
 1887  owner appears on the record of conveyance of the property lands
 1888  to the owner. However, if the legal titleholder of record is the
 1889  same as the person to whom the property was assessed on the tax
 1890  roll for the year in which the property was last assessed, then
 1891  the notice may only be mailed to the address of the legal
 1892  titleholder as it appears on the latest assessment roll.
 1893         (b) Any lienholder of record who has recorded a lien
 1894  against the property described in the tax certificate if an
 1895  address appears on the recorded lien.
 1896         (c) Any mortgagee of record if an address appears on the
 1897  recorded mortgage.
 1898         (d) Any vendee of a recorded contract for deed if an
 1899  address appears on the recorded contract or, if the contract is
 1900  not recorded, any vendee who has applied to receive notice
 1901  pursuant to s. 197.344(1)(c).
 1902         (e) Any other lienholder who has applied to the tax
 1903  collector to receive notice if an address is supplied to the
 1904  collector by such lienholder.
 1905         (f) Any person to whom the property was assessed on the tax
 1906  roll for the year in which the property was last assessed.
 1907         (g) Any lienholder of record who has recorded a lien
 1908  against a mobile home located on the property described in the
 1909  tax certificate if an address appears on the recorded lien and
 1910  if the lien is recorded with the clerk of the circuit court in
 1911  the county where the mobile home is located.
 1912         (h) Any legal titleholder of record of property that is
 1913  contiguous to the property described in the tax certificate, if
 1914  when the property described is either submerged land or common
 1915  elements of a subdivision, if the address of the titleholder of
 1916  contiguous property appears on the record of conveyance of the
 1917  property land to the that legal titleholder. However, if the
 1918  legal titleholder of property contiguous to the property
 1919  described in the tax certificate is the same as the person to
 1920  whom the property described in the tax certificate was assessed
 1921  on the tax roll for the year in which the property was last
 1922  assessed, the notice may be mailed only to the address of the
 1923  legal titleholder as it appears on the latest assessment roll.
 1924  As used in this chapter, the term “contiguous” means touching,
 1925  meeting, or joining at the surface or border, other than at a
 1926  corner or a single point, and not separated by submerged lands.
 1927  Submerged lands lying below the ordinary high-water mark which
 1928  are sovereignty lands are not part of the upland contiguous
 1929  property for purposes of notification.
 1930  
 1931  The statement must be signed by the tax collector or the tax
 1932  collector’s designee, with the tax collector’s seal affixed. The
 1933  tax collector may purchase a reasonable bond for errors and
 1934  omissions of his or her office in making such statement. The
 1935  search of the official records must be made by a direct and
 1936  inverse search. “Direct” means the index in straight and
 1937  continuous alphabetic order by grantor, and “inverse” means the
 1938  index in straight and continuous alphabetic order by grantee.
 1939         (5)(a) The tax collector may contract with a title company
 1940  or an abstract company at a reasonable fee to provide the
 1941  minimum information required in subsection (4), consistent with
 1942  rules adopted by the department. If additional information is
 1943  required, the tax collector must make a written request to the
 1944  title or abstract company stating the additional requirements.
 1945  The tax collector may select any title or abstract company,
 1946  regardless of its location, as long as the fee is reasonable,
 1947  the minimum information is submitted, and the title or abstract
 1948  company is authorized to do business in this state. The tax
 1949  collector may advertise and accept bids for the title or
 1950  abstract company if he or she considers it appropriate to do so.
 1951         1. The ownership and encumbrance report must include the be
 1952  printed or typed on stationery or other paper showing a
 1953  letterhead of the person, firm, or company that makes the
 1954  search, and the signature of the individual person who makes the
 1955  search or of an officer of the firm must be attached. The tax
 1956  collector is not liable for payment to the firm unless these
 1957  requirements are met. The report may be submitted to the tax
 1958  collector in an electronic format.
 1959         2. The tax collector may not accept or pay for any title
 1960  search or abstract if no financial responsibility is not assumed
 1961  for the search. However, reasonable restrictions as to the
 1962  liability or responsibility of the title or abstract company are
 1963  acceptable. Notwithstanding s. 627.7843(3), the tax collector
 1964  may contract for higher maximum liability limits.
 1965         3. In order to establish uniform prices for ownership and
 1966  encumbrance reports within the county, the tax collector must
 1967  shall ensure that the contract for ownership and encumbrance
 1968  reports include all requests for title searches or abstracts for
 1969  a given period of time.
 1970         (b) Any fee paid for a any title search or abstract must be
 1971  collected at the time of application under subsection (1), and
 1972  the amount of the fee must be added to the opening bid.
 1973         (c) The clerk shall advertise and administer the sale and
 1974  receive such fees for the issuance of the deed and sale of the
 1975  property as are provided in s. 28.24.
 1976         (6)(a) The opening bid:
 1977         (a) On county-held certificates on nonhomestead property
 1978  shall be the sum of the value of all outstanding certificates
 1979  against the property land, plus omitted years’ taxes, delinquent
 1980  taxes, interest, and all costs and fees paid by the county.
 1981         (b) The opening bid On an individual certificate on
 1982  nonhomestead property must shall include, in addition to the
 1983  amount of money paid to the tax collector by the
 1984  certificateholder at the time of application, include the amount
 1985  required to redeem the applicant’s tax certificate and all other
 1986  costs and fees paid by the applicant, plus all tax certificates
 1987  that were sold subsequent to the filing of the tax deed
 1988  application and omitted taxes, if any.
 1989         (c) The opening bid On property assessed on the latest tax
 1990  roll as homestead property must shall include, in addition to
 1991  the amount of money required for an opening bid on nonhomestead
 1992  property, an amount equal to one-half of the latest assessed
 1993  value of the homestead. Payment of one-half of the assessed
 1994  value of the homestead property shall not be required if the tax
 1995  certificate to which the application relates was sold prior to
 1996  January 1, 1982.
 1997         (7) On county-held certificates for which there are no
 1998  bidders at the public sale, the clerk shall enter the land on a
 1999  list entitled “lands available for taxes” and shall immediately
 2000  notify the county commission and all other persons holding
 2001  certificates against the property land that the property land is
 2002  available. During the first 90 days after the property land is
 2003  placed on the list of lands available for taxes, the county may
 2004  purchase the land for the opening bid or may waive its rights to
 2005  purchase the property. Thereafter, any person, the county, or
 2006  any other governmental unit may purchase the land from the
 2007  clerk, without further notice or advertising, for the opening
 2008  bid, except that if when the county or other governmental unit
 2009  is the purchaser for its own use, the board of county
 2010  commissioners may cancel omitted years’ taxes, as provided under
 2011  s. 197.447. If the county does not elect to purchase the
 2012  property land, the county must notify each legal titleholder of
 2013  property contiguous to the property land available for taxes, as
 2014  provided in paragraph (4)(h), before expiration of the 90-day
 2015  period. Interest on the opening bid continues to accrue through
 2016  the month of sale as prescribed by s. 197.542.
 2017         (8) Taxes shall not be extended against parcels listed as
 2018  lands available for taxes, but in each year the taxes that would
 2019  have been due shall be treated as omitted years and added to the
 2020  required minimum bid. Seven Three years after the day the land
 2021  was offered for public sale, the land shall escheat to the
 2022  county in which it is located, free and clear. All tax
 2023  certificates, accrued taxes, and liens of any nature against the
 2024  property shall be deemed canceled as a matter of law and of no
 2025  further legal force and effect, and the clerk shall execute an
 2026  escheatment tax deed vesting title in the board of county
 2027  commissioners of the county in which the land is located.
 2028         (a) When a property escheats to the county under this
 2029  subsection, the county is not subject to any liability imposed
 2030  by chapter 376 or chapter 403 for preexisting soil or
 2031  groundwater contamination due solely to its ownership. However,
 2032  this subsection does not affect the rights or liabilities of any
 2033  past or future owners of the escheated property and does not
 2034  affect the liability of any governmental entity for the results
 2035  of its actions that create or exacerbate a pollution source.
 2036         (b) The county and the Department of Environmental
 2037  Protection may enter into a written agreement for the
 2038  performance, funding, and reimbursement of the investigative and
 2039  remedial acts necessary for a property that escheats to the
 2040  county.
 2041         (9) Consolidated applications on more than one tax
 2042  certificate are allowed, but a separate statement shall be
 2043  issued pursuant to subsection (4), and a separate tax deed shall
 2044  be issued pursuant to s. 197.552, for each parcel of property
 2045  shown on the tax certificate.
 2046         (10) Any fees collected pursuant to this section shall be
 2047  refunded to the certificateholder in the event that the tax deed
 2048  sale is canceled for any reason.
 2049         (11) For any property acquired under this section by the
 2050  county for the express purpose of providing infill housing, the
 2051  board of county commissioners may, in accordance with s.
 2052  197.447, cancel county-held tax certificates and omitted years’
 2053  taxes on such properties. Furthermore, the county may not
 2054  transfer a property acquired under this section specifically for
 2055  infill housing back to a taxpayer who failed to pay the
 2056  delinquent taxes or charges that led to the issuance of the tax
 2057  certificate or lien. For purposes of this subsection only, the
 2058  term “taxpayer” includes the taxpayer’s family or any entity in
 2059  which the taxpayer or taxpayer’s family has any interest.
 2060         Section 49. Section 197.542, Florida Statutes, is amended
 2061  to read:
 2062         197.542 Sale at public auction.—
 2063         (1) Real property The lands advertised for sale to the
 2064  highest bidder as a result of an application filed under s.
 2065  197.502 shall be sold at public auction by the clerk of the
 2066  circuit court, or his or her deputy, of the county where the
 2067  property is lands are located on the date, at the time, and at
 2068  the location as set forth in the published notice, which must
 2069  shall be during the regular hours the clerk’s office is open. At
 2070  the time and place, the clerk shall read the notice of sale and
 2071  shall offer the lands described in the notice for sale to the
 2072  highest bidder for cash at public outcry. The amount required to
 2073  redeem the tax certificate, plus the amounts paid by the holder
 2074  to the clerk of the circuit court in charges for costs of sale,
 2075  redemption of other tax certificates on the same property lands,
 2076  and all other costs to the applicant for tax deed, plus interest
 2077  thereon at the rate of 1.5 percent per month for the period
 2078  running from the month after the date of application for the
 2079  deed through the month of sale and costs incurred for the
 2080  service of notice provided for in s. 197.522(2), shall be
 2081  considered the bid of the certificateholder for the property.
 2082  However, if the land to be sold is assessed on the latest tax
 2083  roll as homestead property, the bid of the certificateholder
 2084  shall be increased to include an amount equal to one-half of the
 2085  assessed value of the homestead property as required by s.
 2086  197.502. If tax certificates exist or if delinquent taxes
 2087  accrued subsequent to the filing of the tax deed application,
 2088  the amount require to redeem such tax certificates or pay such
 2089  delinquent taxes shall be included in the minimum bid. If there
 2090  are no higher bids, the land shall be struck off and sold to the
 2091  certificateholder, who shall forthwith pay to the clerk any
 2092  amounts included in the minimum bid, the documentary stamp tax
 2093  and recording fees due. Upon payment, and a tax deed shall
 2094  thereupon be issued and recorded by the clerk. The tax deed
 2095  applicant shall have the option of placing the property on the
 2096  list of lands available for taxes in lieu of paying any
 2097  additional sums due as a result of the increased minimum bid,
 2098  documentary stamps, or recording fees.
 2099         (2) If there are other bids, The certificateholder has
 2100  shall have the right to bid as others present may bid, and the
 2101  property shall be struck off and sold to the highest bidder. The
 2102  high bidder may be required to shall post with the clerk a
 2103  nonrefundable cash deposit of 5 percent of the bid $200 at the
 2104  time of the sale, to be applied to the sale price at the time of
 2105  full payment. Notice of the this deposit requirement must shall
 2106  be posted at the auction site, and the clerk may require that
 2107  bidders to show their willingness and ability to post the cost
 2108  deposit. If full payment of the final bid and of documentary
 2109  stamp tax and recording fees is not made within 24 hours,
 2110  excluding weekends and legal holidays, the clerk shall cancel
 2111  all bids, readvertise the sale as provided in this section, and
 2112  pay all costs of the sale from the deposit. Any remaining funds
 2113  must be applied toward the opening bid. The clerk may refuse to
 2114  recognize the bid of any person who has previously bid and
 2115  refused, for any reason, to honor such bid.
 2116         (3) If the sale is canceled for any reason, the clerk shall
 2117  immediately readvertise the sale to be held within no later than
 2118  30 days after the date the sale was canceled. Only one
 2119  advertisement is necessary. No further notice is required. The
 2120  amount of the opening statutory (opening) bid shall be increased
 2121  by the cost of advertising, additional clerk’s fees as provided
 2122  for in s. 28.24(21), and interest as provided for in subsection
 2123  (1). The clerk must shall receive full payment prior to the
 2124  issuance of the tax deed.
 2125         (4)(a) A clerk may conduct electronic tax deed sales in
 2126  lieu of public outcry. The clerk must comply with the procedures
 2127  provided in this chapter, except that electronic proxy bidding
 2128  shall be allowed and the clerk may require bidders to advance
 2129  sufficient funds to pay the deposit required by subsection (2).
 2130  The clerk shall provide access to the electronic sale by
 2131  computer terminals open to the public at a designated location.
 2132  A clerk who conducts such electronic sales may receive
 2133  electronic deposits and payments related to the sale. The
 2134  portion of an advance deposit from a winning bidder required by
 2135  subsection (2) shall, upon acceptance of the winning bid, be
 2136  subject to the fee under s. 28.24(10).
 2137         (b) Nothing in this subsection shall be construed to
 2138  restrict or limit the authority of a charter county from
 2139  conducting electronic tax deed sales. In a charter county where
 2140  the clerk of the circuit court does not conduct all electronic
 2141  sales, the charter county shall be permitted to receive
 2142  electronic deposits and payments related to sales it conducts,
 2143  as well as to subject the winning bidder to a fee, consistent
 2144  with the schedule in s. 28.24(10).
 2145         Section 50. Section 197.552, Florida Statutes, is amended
 2146  to read:
 2147         197.552 Tax deeds.—All tax deeds shall be issued in the
 2148  name of a county and must shall be signed by the clerk of the
 2149  county. The deed shall be witnessed by two witnesses, the
 2150  official seal shall be attached thereto, and the deed shall be
 2151  acknowledged or proven as other deeds. Except as specifically
 2152  provided in this chapter, no right, interest, restriction, or
 2153  other covenant survives shall survive the issuance of a tax
 2154  deed, except that a lien of record held by a municipal or county
 2155  governmental unit, special district, or community development
 2156  district, including tax certificates on the property that were
 2157  not incorporated in the tax deed application, if when such lien
 2158  is not satisfied after as of the disbursement of proceeds of
 2159  sale under the provisions of s. 197.582, shall survive the
 2160  issuance of a tax deed. However, liens surviving the issuance of
 2161  a tax deed may not provide a basis to foreclose against the
 2162  interest of the tax deed owner unless the owner is reimbursed
 2163  for the price of acquiring the tax deed, including recording
 2164  fees and documentary stamps, by the holder of the surviving lien
 2165  or at the time of a foreclosure sale. If a foreclosure sale
 2166  results in insufficient funds to satisfy a surviving lien and
 2167  reimburse the tax deed owner, the proceeds of the foreclosure
 2168  sale shall be distributed pro rata in recognition of the equal
 2169  dignity of lien and the tax deed. Municipal or county government
 2170  liens shall survive as to principal only, and only if such liens
 2171  are recorded in the public records of the county prior to the
 2172  tax deed sale. The charges by the clerk shall be as provided in
 2173  s. 28.24. Tax deeds issued to a purchaser of property land for
 2174  delinquent taxes must shall be in the form prescribed by the
 2175  department. All deeds issued pursuant to this section are shall
 2176  be prima facie evidence of the regularity of all proceedings
 2177  from the valuation of the property lands to the issuance of the
 2178  deed, inclusive.
 2179         Section 51. Subsection (2) of section 197.582, Florida
 2180  Statutes, is amended to read:
 2181         197.582 Disbursement of proceeds of sale.—
 2182         (2) If the property is purchased for an amount in excess of
 2183  the statutory bid of the certificateholder, the excess shall be
 2184  paid over and disbursed by the clerk. If the property purchased
 2185  is homestead property and the statutory bid includes an amount
 2186  equal to at least one-half of the assessed value of the
 2187  homestead, that amount shall be treated as excess and
 2188  distributed in the same manner. The clerk shall distribute the
 2189  excess to the governmental units for the payment of any lien of
 2190  record held by a governmental unit against the property,
 2191  including any tax certificates not incorporated in the tax deed
 2192  application and omitted taxes, if any. If In the event the
 2193  excess is not sufficient to pay all of such liens in full, the
 2194  excess shall then be paid to each governmental unit pro rata.
 2195  If, after all liens of record of the governmental units upon the
 2196  property are paid in full, there remains a balance of
 2197  undistributed funds, the balance of the purchase price shall be
 2198  retained by the clerk for the benefit of the persons described
 2199  in s. 197.522(1)(a), except those persons described in s.
 2200  197.502(4)(h), as their interests may appear. The clerk shall
 2201  mail notices to such persons notifying them of the funds held
 2202  for their benefit. Any service charges, at the same rate as
 2203  prescribed in s. 28.24(10), and costs of mailing notices shall
 2204  be paid out of the excess balance held by the clerk. Excess
 2205  proceeds shall be held and disbursed in the same manner as
 2206  unclaimed redemption moneys in s. 197.473. If In the event
 2207  excess proceeds are not sufficient to cover the service charges
 2208  and mailing costs, the clerk shall receive the total amount of
 2209  excess proceeds as a service charge.
 2210         Section 52. Section 192.0105, Florida Statutes, is amended
 2211  to read
 2212         192.0105 Taxpayer rights.—There is created a Florida
 2213  Taxpayer’s Bill of Rights for property taxes and assessments to
 2214  guarantee that the rights, privacy, and property of the
 2215  taxpayers of this state are adequately safeguarded and protected
 2216  during tax levy, assessment, collection, and enforcement
 2217  processes administered under the revenue laws of this state. The
 2218  Taxpayer’s Bill of Rights compiles, in one document, brief but
 2219  comprehensive statements that summarize the rights and
 2220  obligations of the property appraisers, tax collectors, clerks
 2221  of the court, local governing boards, the Department of Revenue,
 2222  and taxpayers. Additional rights afforded to payors of taxes and
 2223  assessments imposed under the revenue laws of this state are
 2224  provided in s. 213.015. The rights afforded taxpayers to assure
 2225  that their privacy and property are safeguarded and protected
 2226  during tax levy, assessment, and collection are available only
 2227  insofar as they are implemented in other parts of the Florida
 2228  Statutes or rules of the Department of Revenue. The rights so
 2229  guaranteed to state taxpayers in the Florida Statutes and the
 2230  departmental rules include:
 2231         (1) THE RIGHT TO KNOW.—
 2232         (a) The right to be mailed notice of proposed property
 2233  taxes and proposed or adopted non-ad valorem assessments (see
 2234  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069).
 2235  The notice must also inform the taxpayer that the final tax bill
 2236  may contain additional non-ad valorem assessments (see s.
 2237  200.069(10)).
 2238         (b) The right to notification of a public hearing on each
 2239  taxing authority’s tentative budget and proposed millage rate
 2240  and advertisement of a public hearing to finalize the budget and
 2241  adopt a millage rate (see s. 200.065(2)(c) and (d)).
 2242         (c) The right to advertised notice of the amount by which
 2243  the tentatively adopted millage rate results in taxes that
 2244  exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
 2245  The right to notification by first-class mail of a comparison of
 2246  the amount of the taxes to be levied from the proposed millage
 2247  rate under the tentative budget change, compared to the previous
 2248  year’s taxes, and also compared to the taxes that would be
 2249  levied if no budget change is made (see ss. 200.065(2)(b) and
 2250  200.069(2), (3), (4), and (9)).
 2251         (d) The right that the adopted millage rate will not exceed
 2252  the tentatively adopted millage rate. If the tentative rate
 2253  exceeds the proposed rate, each taxpayer shall be mailed notice
 2254  comparing his or her taxes under the tentatively adopted millage
 2255  rate to the taxes under the previously proposed rate, before a
 2256  hearing to finalize the budget and adopt millage (see s.
 2257  200.065(2)(d)).
 2258         (e) The right to be sent notice by first-class mail of a
 2259  non-ad valorem assessment hearing at least 20 days before the
 2260  hearing with pertinent information, including the total amount
 2261  to be levied against each parcel. All affected property owners
 2262  have the right to appear at the hearing and to file written
 2263  objections with the local governing board (see s. 197.3632(4)(b)
 2264  and (c) and (10)(b)2.b.).
 2265         (f) The right of an exemption recipient to be sent a
 2266  renewal application for that exemption, the right to a receipt
 2267  for homestead exemption claim when filed, and the right to
 2268  notice of denial of the exemption (see ss. 196.011(6),
 2269  196.131(1), 196.151, and 196.193(1)(c) and (5)).
 2270         (g) The right, on property determined not to have been
 2271  entitled to homestead exemption in a prior year, to notice of
 2272  intent from the property appraiser to record notice of tax lien
 2273  and the right to pay tax, penalty, and interest before a tax
 2274  lien is recorded for any prior year (see s. 196.161(1)(b)).
 2275         (h) The right to be informed during the tax collection
 2276  process, including: notice of tax due; notice of back taxes;
 2277  notice of late taxes and assessments and consequences of
 2278  nonpayment; opportunity to pay estimated taxes and non-ad
 2279  valorem assessments when the tax roll will not be certified in
 2280  time; notice when interest begins to accrue on delinquent
 2281  provisional taxes; notice of the right to prepay estimated taxes
 2282  by installment; a statement of the taxpayer’s estimated tax
 2283  liability for use in making installment payments; and notice of
 2284  right to defer taxes and non-ad valorem assessments on homestead
 2285  property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c),
 2286  197.222(3) and (5), 197.2301(3), 197.3632(8)(a),
 2287  193.1145(10)(a), and 197.254(1)). A taxpayer is deemed to have
 2288  waived the right to know if the taxpayer fails to provide
 2289  current contact information to the county property appraiser and
 2290  tax collector.
 2291         (i) The right to an advertisement in a newspaper listing
 2292  names of taxpayers who are delinquent in paying tangible
 2293  personal property taxes, with amounts due, and giving notice
 2294  that interest is accruing at 18 percent and that, unless taxes
 2295  are paid, warrants will be issued, prior to petition made with
 2296  the circuit court for an order to seize and sell property (see
 2297  s. 197.402(2)).
 2298         (j) The right to be mailed notice when a petition has been
 2299  filed with the court for an order to seize and sell property and
 2300  the right to be mailed notice, and to be served notice by the
 2301  sheriff, before the date of sale, that application for tax deed
 2302  has been made and property will be sold unless back taxes are
 2303  paid (see ss. 197.413(5), 197.502(4)(a), and 197.522(1)(a) and
 2304  (2)).
 2305         (k) The right to have certain taxes and special assessments
 2306  levied by special districts individually stated on the “Notice
 2307  of Proposed Property Taxes and Proposed or Adopted Non-Ad
 2308  Valorem Assessments” (see s. 200.069).
 2309         (2) THE RIGHT TO DUE PROCESS.—
 2310         (a) The right to an informal conference with the property
 2311  appraiser to present facts the taxpayer considers to support
 2312  changing the assessment and to have the property appraiser
 2313  present facts supportive of the assessment upon proper request
 2314  of any taxpayer who objects to the assessment placed on his or
 2315  her property (see s. 194.011(2)).
 2316         (b) The right to petition the value adjustment board over
 2317  objections to assessments, denial of exemption, denial of
 2318  agricultural classification, denial of historic classification,
 2319  denial of high-water recharge classification, disapproval of tax
 2320  deferral, and any penalties on deferred taxes imposed for
 2321  incorrect information willfully filed. Payment of estimated
 2322  taxes does not preclude the right of the taxpayer to challenge
 2323  his or her assessment (see ss. 194.011(3), 196.011(6) and
 2324  (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
 2325  193.625(2), 197.2425 197.253(2), 197.301(2), and 197.2301(11)).
 2326         (c) The right to file a petition for exemption or
 2327  agricultural classification with the value adjustment board when
 2328  an application deadline is missed, upon demonstration of
 2329  particular extenuating circumstances for filing late (see ss.
 2330  193.461(3)(a) and 196.011(1), (7), (8), and (9)(d)).
 2331         (d) The right to prior notice of the value adjustment
 2332  board’s hearing date and the right to the hearing within 4 hours
 2333  of scheduled time (see s. 194.032(2)).
 2334         (e) The right to notice of date of certification of tax
 2335  rolls and receipt of property record card if requested (see ss.
 2336  193.122(2) and (3) and 194.032(2)).
 2337         (f) The right, in value adjustment board proceedings, to
 2338  have all evidence presented and considered at a public hearing
 2339  at the scheduled time, to be represented by an attorney or
 2340  agent, to have witnesses sworn and cross-examined, and to
 2341  examine property appraisers or evaluators employed by the board
 2342  who present testimony (see ss. 194.034(1)(a) and (c) and (4),
 2343  and 194.035(2)).
 2344         (g) The right to be mailed a timely written decision by the
 2345  value adjustment board containing findings of fact and
 2346  conclusions of law and reasons for upholding or overturning the
 2347  determination of the property appraiser, and the right to
 2348  advertised notice of all board actions, including appropriate
 2349  narrative and column descriptions, in brief and nontechnical
 2350  language (see ss. 194.034(2) and 194.037(3)).
 2351         (h) The right at a public hearing on non-ad valorem
 2352  assessments or municipal special assessments to provide written
 2353  objections and to provide testimony to the local governing board
 2354  (see ss. 197.3632(4)(c) and 170.08).
 2355         (i) The right to bring action in circuit court to contest a
 2356  tax assessment or appeal value adjustment board decisions to
 2357  disapprove exemption or deny tax deferral (see ss. 194.036(1)(c)
 2358  and (2), 194.171, 196.151, and 197.2425 197.253(2)).
 2359         (3) THE RIGHT TO REDRESS.—
 2360         (a) The right to discounts for early payment on all taxes
 2361  and non-ad valorem assessments collected by the tax collector,
 2362  the right to pay installment payments with discounts, and the
 2363  right to pay delinquent personal property taxes under an
 2364  installment payment program when implemented by the county tax
 2365  collector (see ss. 197.162, 197.3632(8) and (10)(b)3.,
 2366  197.222(1), and 197.4155).
 2367         (b) The right, upon filing a challenge in circuit court and
 2368  paying taxes admitted in good faith to be owing, to be issued a
 2369  receipt and have suspended all procedures for the collection of
 2370  taxes until the final disposition of the action (see s.
 2371  194.171(3)).
 2372         (c) The right to have penalties reduced or waived upon a
 2373  showing of good cause when a return is not intentionally filed
 2374  late, and the right to pay interest at a reduced rate if the
 2375  court finds that the amount of tax owed by the taxpayer is
 2376  greater than the amount the taxpayer has in good faith admitted
 2377  and paid (see ss. 193.072(4) and 194.192(2)).
 2378         (d) The right to a refund when overpayment of taxes has
 2379  been made under specified circumstances (see ss. 193.1145(8)(e)
 2380  and 197.182(1)).
 2381         (e) The right to an extension to file a tangible personal
 2382  property tax return upon making proper and timely request (see
 2383  s. 193.063).
 2384         (f) The right to redeem real property and redeem tax
 2385  certificates at any time before full payment for a tax deed is
 2386  made to the clerk of the court, including documentary stamps and
 2387  recording fees issued, and the right to have tax certificates
 2388  canceled if sold where taxes had been paid or if other error
 2389  makes it void or correctable. Property owners have the right to
 2390  be free from contact by a certificateholder for 2 years after
 2391  April 1 of the year the tax certificate is issued (see ss.
 2392  197.432 (13) and (14)(14) and (15), 197.442(1), 197.443, and
 2393  197.472(1) and (7)).
 2394         (g) The right of the taxpayer, property appraiser, tax
 2395  collector, or the department, as the prevailing party in a
 2396  judicial or administrative action brought or maintained without
 2397  the support of justiciable issues of fact or law, to recover all
 2398  costs of the administrative or judicial action, including
 2399  reasonable attorney’s fees, and of the department and the
 2400  taxpayer to settle such claims through negotiations (see ss.
 2401  57.105 and 57.111).
 2402         (4) THE RIGHT TO CONFIDENTIALITY.—
 2403         (a) The right to have information kept confidential,
 2404  including federal tax information, ad valorem tax returns,
 2405  social security numbers, all financial records produced by the
 2406  taxpayer, Form DR-219 returns for documentary stamp tax
 2407  information, and sworn statements of gross income, copies of
 2408  federal income tax returns for the prior year, wage and earnings
 2409  statements (W-2 forms), and other documents (see ss. 192.105,
 2410  193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)).
 2411         (b) The right to limiting access to a taxpayer’s records by
 2412  a property appraiser, the Department of Revenue, and the Auditor
 2413  General only to those instances in which it is determined that
 2414  such records are necessary to determine either the
 2415  classification or the value of taxable nonhomestead property
 2416  (see s. 195.027(3)).
 2417  
 2418  Notwithstanding the right to information contained in this
 2419  section, s. 197.122 applies, and it is the property owner’s
 2420  obligation to obtain the necessary information from the
 2421  applicable governmental officials.
 2422         Section 53. Paragraph (d) of subsection (3) of section
 2423  194.011, Florida Statutes, is amended to read:
 2424         194.011 Assessment notice; objections to assessments.—
 2425         (3) A petition to the value adjustment board must be in
 2426  substantially the form prescribed by the department.
 2427  Notwithstanding s. 195.022, a county officer may not refuse to
 2428  accept a form provided by the department for this purpose if the
 2429  taxpayer chooses to use it. A petition to the value adjustment
 2430  board shall describe the property by parcel number and shall be
 2431  filed as follows:
 2432         (d) The petition may be filed, as to valuation issues, at
 2433  any time during the taxable year on or before the 25th day
 2434  following the mailing of notice by the property appraiser as
 2435  provided in subsection (1). With respect to an issue involving
 2436  the denial of an exemption, an agricultural or high-water
 2437  recharge classification application, an application for
 2438  classification as historic property used for commercial or
 2439  certain nonprofit purposes, or a deferral, the petition must be
 2440  filed at any time during the taxable year on or before the 30th
 2441  day following the mailing of the notice by the property
 2442  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.
 2443  196.193 or notice by the tax collector under s. 197.2425
 2444  197.253.
 2445         Section 54. Subsection (1) of section 194.013, Florida
 2446  Statutes, is amended to read:
 2447         194.013 Filing fees for petitions; disposition; waiver.—
 2448         (1) If so required by resolution of the value adjustment
 2449  board, a petition filed pursuant to s. 194.011 shall be
 2450  accompanied by a filing fee to be paid to the clerk of the value
 2451  adjustment board in an amount determined by the board not to
 2452  exceed $15 for each separate parcel of property, real or
 2453  personal, covered by the petition and subject to appeal.
 2454  However, no such filing fee may be required with respect to an
 2455  appeal from the disapproval of homestead exemption under s.
 2456  196.151 or from the denial of tax deferral under s. 197.2425
 2457  197.253. Only a single filing fee shall be charged under this
 2458  section as to any particular parcel of property despite the
 2459  existence of multiple issues and hearings pertaining to such
 2460  parcel. For joint petitions filed pursuant to s. 194.011(3)(e)
 2461  or (f), a single filing fee shall be charged. Such fee shall be
 2462  calculated as the cost of the special magistrate for the time
 2463  involved in hearing the joint petition and shall not exceed $5
 2464  per parcel. Said fee is to be proportionately paid by affected
 2465  parcel owners.
 2466         Section 55. Subsection (12) of section 196.011, Florida
 2467  Statutes, is amended to read:
 2468         196.011 Annual application required for exemption.—
 2469         (12) Notwithstanding subsection (1), when the owner of
 2470  property otherwise entitled to a religious exemption from ad
 2471  valorem taxation fails to timely file an application for
 2472  exemption, and because of a misidentification of property
 2473  ownership on the property tax roll the owner is not properly
 2474  notified of the tax obligation by the property appraiser and the
 2475  tax collector, the owner of the property may file an application
 2476  for exemption with the property appraiser. The property
 2477  appraiser must consider the application, and if he or she
 2478  determines the owner of the property would have been entitled to
 2479  the exemption had the property owner timely applied, the
 2480  property appraiser must grant the exemption. Any taxes assessed
 2481  on such property shall be canceled, and if paid, refunded. Any
 2482  tax certificates outstanding on such property shall be canceled
 2483  and refund made pursuant to s. 197.432(11) s. 197.432(10).
 2484         Section 56. Section 197.603, Florida Statutes, is created
 2485  to read:
 2486         197.603Declaration of legislative findings and intent.—The
 2487  legislature finds that the state has a strong interest in
 2488  ensuring due process and public confidence in a uniform, fair,
 2489  efficient, and accountable collection of property taxes by
 2490  county tax collectors. Therefore, tax collectors shall be
 2491  supervised by the Department of Revenue pursuant to s.
 2492  195.022(1). Moreover, the Legislature intends that the property
 2493  tax collection authorized by this chapter under s. 9(a), Art.
 2494  VII of the State Constitution, be free from the influence or the
 2495  appearance of influence of the local governments who levy
 2496  property taxes and receive property tax revenues.
 2497         Section 57. Sections 197.202, 197.242, 197.304, 197.3041,
 2498  197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047,
 2499  197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
 2500  197.3077, 197.3078 and 197.3079, Florida Statutes, are repealed.
 2501         Section 58. This act shall take effect July 1, 2009.
 2502  
 2503  ================= T I T L E  A M E N D M E N T ================
 2504         And the title is amended as follows:
 2505         Delete everything before the enacting clause
 2506  and insert:
 2507                        A bill to be entitled                      
 2508         An act relating to tax collections, sales, and liens;
 2509         amending ss. 197.102, 197.122, 197.123, 197.162,
 2510         197.172, 197.182, 197.222, 197.2301, 197.322, 197.332,
 2511         197.343, 197.344, 197.3635, 197.373, 197.402, 197.403,
 2512         197.413, 197.414, 197.4155, 197.416, 197.417, 197.432,
 2513         197.4325, 197.442, 197.443, 197.462, 197.472, 197.473,
 2514         197.482, 197.492, 197.502, 197.542, 197.552, and
 2515         197.582, F.S.; revising, updating, and consolidating
 2516         provisions of chapter 197, F.S., relating to
 2517         definitions, tax collectors, lien of taxes, returns
 2518         and assessments, unpaid or omitted taxes, discounts,
 2519         interest rates, Department of Revenue
 2520         responsibilities, tax bills, judicial sales,
 2521         prepayment of taxes, assessment rolls, duties of tax
 2522         collectors, tax notices, delinquent taxes,
 2523         lienholders, special assessments, non-ad valorem
 2524         assessments, tax payments, distribution of taxes,
 2525         advertisements of property with delinquent taxes,
 2526         attachment, delinquent personal property taxes, sales
 2527         of property, tax certificates, tax deeds, and tax
 2528         sales; creating s. 197.146, F.S.; authorizing tax
 2529         collectors to issue certificates of correction to tax
 2530         rolls and outstanding delinquent taxes for
 2531         uncollectable personal property accounts; requiring
 2532         the tax collector to notify the property appraiser;
 2533         providing construction; creating ss. 197.2421 and
 2534         197.2423, F.S., renumbering and amending ss. 197.253,
 2535         197.303, and 197.3071, F.S., and amending ss. 197.243,
 2536         197.252, 197.254, 197.262, 197.263, 197.272, 197.282,
 2537         197.292, 197.301, and 197.312, F.S.; revising,
 2538         updating, and consolidating provisions of chapter 197,
 2539         F.S., relating to deferral of tax payments for real
 2540         property, homestead property, recreational and
 2541         commercial working waterfront property, and affordable
 2542         rental property; creating s. 197.4725, F.S.; providing
 2543         authorization and requirements for purchase of county
 2544         held tax certificates; specifying required amounts to
 2545         be paid; providing for fees; providing for electronic
 2546         services; amending s. 192.0105, F.S., providing
 2547         conditions under which a taxpayer is deemed to have
 2548         waived a right to know; clarifying a taxpayer's right
 2549         to redeem real property and tax certificates;
 2550         clarifying that a property owner may not contacted by
 2551         the holder of a tax sale certificate for two years
 2552         from the date the certificate is issued; providing
 2553         that s. 197.122 applies in certain circumstances;
 2554         providing for the obligation of the property owner to
 2555         obtain certain information; correcting cross
 2556         references; amending ss. 194.011, 194.013, and
 2557         196.011, F.S.; correcting cross-references; creating
 2558         s. 197.603, F.S.; providing legislative intent;
 2559         repealing s. 197.202, F.S., relating to destruction of
 2560         20-year-old tax receipts; repealing s. 197.242, F.S.,
 2561         relating to a short title; repealing ss. 197.304,
 2562         197.3041, 197.3042, 197.3043, 197.3044, 197.3045,
 2563         197.3046, 197.3047, 197.307, 197.3072, 197.3073,
 2564         197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and
 2565         197.3079, F.S., relating to deferrals of tax payments;
 2566         providing an effective date.