Florida Senate - 2010 CS for SB 2450 By the Committee on Community Affairs; and Senator Bennett 578-04902-10 20102450c1 1 A bill to be entitled 2 An act relating to property tax; amending s. 193.092, 3 F.S.; creating an exception from the assessment of 4 back taxes on property that was not assessed by a 5 property appraiser; authorizing any person to report 6 to his or her local property appraiser a possible 7 homestead exemption violation under certain 8 circumstances; requiring that the property appraiser 9 pay a specified reward to the reporting individual 10 after the recovery of any back taxes or penalties by 11 the tax collector; requiring that funds for such 12 reward be taken from a specified source; providing 13 that a reward may be paid to only one person for each 14 verified violation; providing for the determination of 15 the recipient of a reward if more than one resident 16 reports a violation; requiring that the Department of 17 Revenue create a form for reporting such violations 18 and provide such form by specified means; requiring 19 that each submitted form contain certain information; 20 requiring that the property appraiser stamp each 21 submitted form with the current date and time upon 22 receipt; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 193.092, Florida Statutes, is amended to 27 read: 28 193.092 Assessment of property for back taxes.— 29 (1) When it shall appear that any ad valorem tax might have 30 been lawfully assessed or collected upon any property in the 31 state, but that such tax was not lawfully assessed or levied, 32 and has not been collected for any year within a period of 3 33 years next preceding the year in which it is ascertained that 34 such tax has not been assessed, or levied, or collected, then 35 the officers authorized shall make the assessment of taxes upon 36 such property in addition to the assessment of such property for 37 the current year, and shall assess the same separately for such 38 property as may have escaped taxation at and upon the basis of 39 valuation applied to such property for the year or years in 40 which it escaped taxation, noting distinctly the year when such 41 property escaped taxation and such assessment shall have the 42 same force and effect as it would have had if it had been made 43 in the year in which the property shall have escaped taxation, 44 and taxes shall be levied and collected thereon in like manner 45 and together with taxes for the current year in which the 46 assessment is made. But no property shall be assessed for more 47 than 3 years’ arrears of taxation, and all property so escaping 48 taxation shall be subject to such taxation to be assessed in 49 whomsoever’s hands or possession the same may be found, except 50 that property acquired by a bona fide purchaser who was without 51 knowledge of the escaped taxation shall not be subject to 52 assessment for taxes for any time prior to the time of such 53 purchase, but it is the duty of the property appraiser making 54 such assessment to serve upon the previous owner a notice of 55 intent to record in the public records of the county a notice of 56 tax lien against any property owned by that person in the 57 county. Any property owned by such previous owner which is 58 situated in this state is subject to the lien of such assessment 59 in the same manner as a recorded judgment. Before any such lien 60 may be recorded, the owner so notified must be given 30 days to 61 pay the taxes, penalties, and interest. Once recorded, such lien 62 may be recorded in any county in this state and shall constitute 63 a lien on any property of such person in such county in the same 64 manner as a recorded judgment, and may be enforced by the tax 65 collector using all remedies pertaining to same; provided, that 66 the county property appraiser shall not assess any lot or parcel 67 of land certified or sold to the state for any previous years 68 unless such lot or parcel of lands so certified or sold shall be 69 included in the list furnished by the Chief Financial Officer to 70 the county property appraiser as provided by law; provided, if 71 real or personal property be assessed for taxes, and because of 72 litigation delay ensues and the assessment be held invalid the 73 taxing authorities, may reassess such property within the time 74 herein provided after the termination of such litigation; 75 provided further, that personal property acquired in good faith 76 by purchase shall not be subject to assessment for taxes for any 77 time prior to the time of such purchase, but the individual or 78 corporation liable for any such assessment shall continue 79 personally liable for same. As used in this subsection, the term 80 “bona fide purchaser” means a purchaser for value, in good 81 faith, before certification of such assessment of back taxes to 82 the tax collector for collection. 83 (2) This section applies to property of every class and 84 kind upon which ad valorem tax is assessable by any state or 85 county authority under the laws of the state. 86 (3) The provisions of this section which require the 87 retroactive assessment and collection of taxes do not apply if: 88 (a) With respect to a building, structure, or other 89 improvement to land that was not assessed previously, the owner 90 complied with all permitting requirements when the improvement 91 was built; or 92 (b) With respect to real property that was not assessed, 93 the owner voluntarily disclosed to the property appraiser the 94 existence of the property before January 1 of the year in which 95 the property is first assessed. The disclosure must be made on a 96 form provided by the property appraiser. 97 Section 2. Whistleblower reward for reporting illegal or 98 improper homestead exemptions.— 99 (1) Any person may report to his or her local property 100 appraiser’s office a possible homestead exemption violation if 101 he or she believes a homestead exemption, as described in s. 102 196.031, Florida Statutes, has been granted to a person who is 103 not entitled to such exemption. If the property appraiser 104 verifies that a homestead exemption was illegally or improperly 105 obtained, the tax collector, after collecting any back taxes and 106 resulting penalties, shall pay the person who reported the 107 violation a reward of 25 percent of the penalties collected, not 108 to exceed $500. Such reward shall be paid from the penalties 109 recovered by the tax collector in connection with the reported 110 violation. 111 (2) A tax collector may pay a reward to only one person for 112 reporting each verified homestead exemption violation. If more 113 than one person reports a violation pertaining to the same 114 property, the person who reported the violation at the earliest 115 date and time via the appropriate reporting method shall receive 116 the reward. 117 (3) The Department of Revenue shall create a form for 118 reporting suspected homestead exemption violations. The form 119 shall be available on the department’s website, and each 120 property appraiser shall provide printed forms upon request. 121 Each submitted form must include the name and address of the 122 person reporting the suspected violation, the address of the 123 property suspected of illegally or improperly receiving a 124 homestead exemption, and the basis for suspecting that a 125 homestead exemption violation has occurred. The property 126 appraiser shall stamp each submitted form with the current date 127 and time immediately upon receipt. 128 Section 3. This act shall take effect July 1, 2010.