Florida Senate - 2010 SB 2450 By Senator Bennett 21-01828-10 20102450__ 1 A bill to be entitled 2 An act relating to the assessment of property for back 3 taxes; amending s. 193.092, F.S.; creating an 4 exception from the assessment of back taxes on 5 property that was not assessed by a property 6 appraiser; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Section 193.092, Florida Statutes, is amended to 11 read: 12 193.092 Assessment of property for back taxes.— 13 (1) When it shall appear that any ad valorem tax might have 14 been lawfully assessed or collected upon any property in the 15 state, but that such tax was not lawfully assessed or levied, 16 and has not been collected for any year within a period of 3 17 years next preceding the year in which it is ascertained that 18 such tax has not been assessed, or levied, or collected, then 19 the officers authorized shall make the assessment of taxes upon 20 such property in addition to the assessment of such property for 21 the current year, and shall assess the same separately for such 22 property as may have escaped taxation at and upon the basis of 23 valuation applied to such property for the year or years in 24 which it escaped taxation, noting distinctly the year when such 25 property escaped taxation and such assessment shall have the 26 same force and effect as it would have had if it had been made 27 in the year in which the property shall have escaped taxation, 28 and taxes shall be levied and collected thereon in like manner 29 and together with taxes for the current year in which the 30 assessment is made. But no property shall be assessed for more 31 than 3 years’ arrears of taxation, and all property so escaping 32 taxation shall be subject to such taxation to be assessed in 33 whomsoever’s hands or possession the same may be found, except 34 that property acquired by a bona fide purchaser who was without 35 knowledge of the escaped taxation shall not be subject to 36 assessment for taxes for any time prior to the time of such 37 purchase, but it is the duty of the property appraiser making 38 such assessment to serve upon the previous owner a notice of 39 intent to record in the public records of the county a notice of 40 tax lien against any property owned by that person in the 41 county. Any property owned by such previous owner which is 42 situated in this state is subject to the lien of such assessment 43 in the same manner as a recorded judgment. Before any such lien 44 may be recorded, the owner so notified must be given 30 days to 45 pay the taxes, penalties, and interest. Once recorded, such lien 46 may be recorded in any county in this state and shall constitute 47 a lien on any property of such person in such county in the same 48 manner as a recorded judgment, and may be enforced by the tax 49 collector using all remedies pertaining to same; provided, that 50 the county property appraiser shall not assess any lot or parcel 51 of land certified or sold to the state for any previous years 52 unless such lot or parcel of lands so certified or sold shall be 53 included in the list furnished by the Chief Financial Officer to 54 the county property appraiser as provided by law; provided, if 55 real or personal property be assessed for taxes, and because of 56 litigation delay ensues and the assessment be held invalid the 57 taxing authorities, may reassess such property within the time 58 herein provided after the termination of such litigation; 59 provided further, that personal property acquired in good faith 60 by purchase shall not be subject to assessment for taxes for any 61 time prior to the time of such purchase, but the individual or 62 corporation liable for any such assessment shall continue 63 personally liable for same. As used in this subsection, the term 64 “bona fide purchaser” means a purchaser for value, in good 65 faith, before certification of such assessment of back taxes to 66 the tax collector for collection. 67 (2) This section applies to property of every class and 68 kind upon which ad valorem tax is assessable by any state or 69 county authority under the laws of the state. 70 (3) The provisions of this section which require the 71 retroactive assessment and collection of taxes do not apply if: 72 (a) With respect to a building, structure, or other 73 improvement to land that was not assessed previously, the owner 74 complied with all permitting requirements when the improvement 75 was built; or 76 (b) With respect to real property that was not assessed, 77 the owner voluntarily disclosed to the property appraiser the 78 existence of the property before January 1 of the year in which 79 the property is first assessed. The disclosure must be made on a 80 form provided by the property appraiser. 81 Section 2. This act shall take effect July 1, 2010.