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.