Florida Senate - 2010                              CS for SB 664
       
       
       
       By the Committee on Community Affairs; and Senators Altman,
       Bennett, and Storms
       
       
       
       578-02513-10                                           2010664c1
    1                        A bill to be entitled                      
    2         An act relating to tax collections, sales, and liens;
    3         amending s. 95.051, F.S.; tolling the statute of
    4         limitations relating to proceedings involving tax lien
    5         certificates or tax deeds by the period of an
    6         intervening bankruptcy; amending ss. 197.102, 197.122,
    7         197.123, 197.162, 197.172, 197.182, 197.222, 197.2301,
    8         197.322, 197.332, 197.343, 197.344, 197.3635, 197.373,
    9         197.402, 197.403, 197.413, 197.414, 197.4155, 197.416,
   10         197.417, 197.432, 197.4325, 197.442, 197.443, 197.462,
   11         197.472, 197.473, 197.482, 197.492, 197.552, 197.582,
   12         and 197.602, F.S.; revising, updating, and
   13         consolidating provisions of ch. 197, F.S., relating to
   14         definitions, tax collectors, lien of taxes, returns
   15         and assessments, unpaid or omitted taxes, discounts,
   16         interest rates, Department of Revenue
   17         responsibilities, tax bills, judicial sales,
   18         prepayment of taxes, assessment rolls, duties of tax
   19         collectors, tax notices, delinquent taxes,
   20         lienholders, special assessments, non-ad valorem
   21         assessments, tax payments, distribution of taxes,
   22         advertisements of property with delinquent taxes,
   23         attachment, delinquent personal property taxes, sales
   24         of property, tax certificates, tax deeds, tax sales,
   25         and proceedings involving the validity of a tax deed;
   26         amending s. 197.502, F.S.; revising provisions
   27         relating to applications for tax deeds; providing
   28         notice requirements; providing payment requirements;
   29         authorizing the tax collector to charge a fee to cover
   30         the costs to the tax collector for electronic tax deed
   31         programs or services; authorizing the tax collector to
   32         charge the county a fee for tax deed applications;
   33         deleting opening bid requirements for the sale of tax
   34         deeds on homestead property when the applicant is
   35         holder of a tax certificate; revising conditions for
   36         the escheat of property to a county; amending s.
   37         197.542, F.S.; deleting bid requirements relating to
   38         the purchase of homestead property at public auction;
   39         limiting the circumstances under which a tax deed sale
   40         may be canceled; amending s. 197.522, F.S.; providing
   41         notice requirements for the sale of homestead property
   42         due to nonpayment of taxes; creating s. 197.146, F.S.;
   43         authorizing tax collectors to issue certificates of
   44         correction to tax rolls and outstanding delinquent
   45         taxes for uncollectable personal property accounts;
   46         requiring the tax collector to notify the property
   47         appraiser; providing construction; creating ss.
   48         197.2421 and 197.2423, F.S., transferring,
   49         renumbering, and amending ss. 197.253, 197.303, and
   50         197.3071, F.S., and amending ss. 197.243, 197.252,
   51         197.254, 197.262, 197.263, 197.272, 197.282, 197.292,
   52         197.301, and 197.312, F.S.; revising, updating, and
   53         consolidating provisions of ch. 197, F.S., relating to
   54         deferral of tax payments for real property, homestead
   55         property, recreational and commercial working
   56         waterfront property, and affordable rental property;
   57         creating s. 197.4725, F.S.; providing authorization
   58         and requirements for purchase of county-held tax
   59         certificates; specifying required amounts to be paid;
   60         providing for fees; providing for electronic services;
   61         amending s. 192.0105, F.S.; providing conditions under
   62         which a taxpayer is deemed to have waived a right to
   63         know; providing that the right to a discount for the
   64         early payment of taxes does not apply to certain
   65         partial payments of taxes; clarifying a taxpayer’s
   66         right to redeem real property and tax certificates;
   67         clarifying that a property owner may not be contacted
   68         by the holder of a tax certificate for 2 years
   69         following the date the certificate is issued;
   70         providing that s. 197.122, F.S., applies in certain
   71         circumstances; providing for the obligation of the
   72         property owner to obtain certain information;
   73         correcting cross-references; amending ss. 194.011,
   74         194.013, and 196.011, F.S.; correcting cross
   75         references; creating s. 197.603, F.S.; providing
   76         legislative intent; repealing s. 197.202, F.S.,
   77         relating to destruction of 20-year-old tax receipts;
   78         repealing s. 197.242, F.S., relating to a short title;
   79         repealing ss. 197.304, 197.3041, 197.3042, 197.3043,
   80         197.3044, 197.3045, 197.3046, 197.3047, 197.307,
   81         197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
   82         197.3077, 197.3078, and 197.3079, F.S., relating to
   83         deferrals of tax payments; providing an effective
   84         date.
   85  
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Section 95.051, Florida Statutes, is amended to
   89  read:
   90         95.051 When limitations tolled.—
   91         (1) The running of the time under any statute of
   92  limitations except ss. 95.281, 95.35, and 95.36 is tolled by:
   93         (a) Absence from the state of the person to be sued.
   94         (b) Use by the person to be sued of a false name that is
   95  unknown to the person entitled to sue so that process cannot be
   96  served on the person to be sued.
   97         (c) Concealment in the state of the person to be sued so
   98  that process cannot be served on him or her.
   99         (d) The adjudicated incapacity, before the cause of action
  100  accrued, of the person entitled to sue. In any event, the action
  101  must be begun within 7 years after the act, event, or occurrence
  102  giving rise to the cause of action.
  103         (e) Voluntary payments by the alleged father of the child
  104  in paternity actions during the time of the payments.
  105         (f) The payment of any part of the principal or interest of
  106  any obligation or liability founded on a written instrument.
  107         (g) The pendency of any arbitral proceeding pertaining to a
  108  dispute that is the subject of the action.
  109         (h) The period of an intervening bankruptcy in a proceeding
  110  or process under chapter 197.
  111         (i)(h) The minority or previously adjudicated incapacity of
  112  the person entitled to sue during any period of time in which a
  113  parent, guardian, or guardian ad litem does not exist, has an
  114  interest adverse to the minor or incapacitated person, or is
  115  adjudicated to be incapacitated to sue; except with respect to
  116  the statute of limitations for a claim for medical malpractice
  117  as provided in s. 95.11. In any event, the action must be begun
  118  within 7 years after the act, event, or occurrence giving rise
  119  to the cause of action.
  120  
  121  Paragraphs (a)-(c) shall not apply if service of process or
  122  service by publication can be made in a manner sufficient to
  123  confer jurisdiction to grant the relief sought. This section
  124  shall not be construed to limit the ability of any person to
  125  initiate an action within 30 days of the lifting of an automatic
  126  stay issued in a bankruptcy action as is provided in 11 U.S.C.
  127  s. 108(c).
  128         (2) No disability or other reason shall toll the running of
  129  any statute of limitations except those specified in this
  130  section, s. 95.091, the Florida Probate Code, or the Florida
  131  Guardianship Law.
  132         Section 2. Section 197.102, Florida Statutes, is amended to
  133  read:
  134         197.102 Definitions.—
  135         (1) As used in this chapter, the following definitions
  136  apply, unless the context clearly requires otherwise:
  137         (a)“Awarded” means the time when the tax collector or a
  138  designee determines and announces verbally or through the
  139  closing of the bid process in an electronic auction that a buyer
  140  has placed the winning bid at a tax certificate sale.
  141         (b)(1) “Department,” unless otherwise specified, means the
  142  Department of Revenue.
  143         (c)(2) “Omitted taxes” means those taxes which have not
  144  been extended on the tax roll against a parcel of property after
  145  the property has been placed upon the list of lands available
  146  for taxes pursuant to s. 197.502.
  147         (d) “Proxy bidding” means a method of bidding by which a
  148  bidder authorizes an agent, whether an individual or an
  149  electronic agent, to place bids on his or her behalf.
  150         (e) “Random number generator” means a computational device
  151  that generates a sequence of numbers that lack any pattern and
  152  is used to resolve a tie when multiple bidders have bid the same
  153  lowest amount by assigning a number to each of the tied bidders
  154  and randomly determining which one of those numbers is the
  155  winner.
  156         (f)(3) “Tax certificate” means a paper or electronic legal
  157  document, representing unpaid delinquent real property taxes,
  158  non-ad valorem assessments, including special assessments,
  159  interest, and related costs and charges, issued in accordance
  160  with this chapter against a specific parcel of real property and
  161  becoming a first lien thereon, superior to all other liens,
  162  except as provided by s. 197.573(2).
  163         (g)(4) “Tax notice” means the paper or electronic tax bill
  164  sent to taxpayers for payment of any taxes or special
  165  assessments collected pursuant to this chapter, or the bill sent
  166  to taxpayers for payment of the total of ad valorem taxes and
  167  non-ad valorem assessments collected pursuant to s. 197.3632.
  168         (h)(5) “Tax receipt” means the paid tax notice.
  169         (i)(6) “Tax rolls” and “assessment rolls” are synonymous
  170  and mean the rolls prepared by the property appraiser pursuant
  171  to chapter 193 and certified pursuant to s. 193.122.
  172         (2)(7)If when a local government uses the method set forth
  173  in s. 197.3632 to levy, collect, or enforce a non-ad valorem
  174  assessment, the following definitions shall apply:
  175         (a) “Ad valorem tax roll” means the roll prepared by the
  176  property appraiser and certified to the tax collector for
  177  collection.
  178         (b) “Non-ad valorem assessment roll” means a roll prepared
  179  by a local government and certified to the tax collector for
  180  collection.
  181         Section 3. Section 197.122, Florida Statutes, is amended to
  182  read:
  183         197.122 Lien of taxes; dates; application.—
  184         (1) All taxes imposed pursuant to the State Constitution
  185  and laws of this state shall be a first lien, superior to all
  186  other liens, on any property against which the taxes have been
  187  assessed and shall continue in full force from January 1 of the
  188  year the taxes were levied until discharged by payment or until
  189  barred under chapter 95. If All personal property tax liens, to
  190  the extent that the property to which the lien applies cannot be
  191  located in the county or to the extent that the sale of the
  192  property is insufficient to pay all delinquent taxes, interest,
  193  fees, and costs due, a personal property tax lien shall apply be
  194  liens against all other personal property of the taxpayer in the
  195  county. However, a lien such liens against other personal
  196  property does shall not apply against such property that which
  197  has been sold, and is such liens against other personal property
  198  shall be subordinate to any valid prior or subsequent liens
  199  against such other property. An No act of omission or commission
  200  on the part of a any property appraiser, tax collector, board of
  201  county commissioners, clerk of the circuit court, or county
  202  comptroller, or their deputies or assistants, or newspaper in
  203  which an any advertisement of sale may be published does not
  204  shall operate to defeat the payment of taxes, interest, fees,
  205  and costs due and; but any acts of omission or commission may be
  206  corrected at any time by the officer or party responsible for
  207  them in the same like manner as provided by law for performing
  208  acts in the first place. Amounts, and when so corrected, they
  209  shall be considered construed as valid ab initio and do not
  210  shall in no way affect any process by law for the enforcement of
  211  the collection of the any tax. All owners of property are shall
  212  be held to know that taxes are due and payable annually and are
  213  responsible for charged with the duty of ascertaining the amount
  214  of current and delinquent taxes and paying them before April 1
  215  of the year following the year in which taxes are assessed. A No
  216  sale or conveyance of real or personal property for nonpayment
  217  of taxes may not shall be held invalid except upon proof that:
  218         (a) The property was not subject to taxation;
  219         (b) The taxes were had been paid before the sale of
  220  personal property; or
  221         (c) The real property was had been redeemed before receipt
  222  by the clerk of the court of full payment for the execution and
  223  delivery of a deed based upon a certificate issued for
  224  nonpayment of taxes, including all recording fees and
  225  documentary stamps.
  226         (2) A lien created through the sale of a tax certificate
  227  may not be foreclosed or enforced in any manner except as
  228  prescribed in this chapter.
  229         (3) A property appraiser shall may also correct a material
  230  mistake of fact relating to an essential condition of the
  231  subject property to reduce an assessment that if to do so
  232  requires only the exercise of judgment as to the effect of the
  233  mistake of fact on the assessed or taxable value of that mistake
  234  of fact.
  235         (a) As used in this subsection, the term “an essential
  236  condition of the subject property” includes means a
  237  characteristic of the subject parcel, including only:
  238         1. Environmental restrictions, zoning restrictions, or
  239  restrictions on permissible use;
  240         2. Acreage;
  241         3. Wetlands or other environmental lands that are or have
  242  been restricted in use because of such environmental features;
  243         4. Access to usable land;
  244         5. Any characteristic of the subject parcel which
  245  characteristic, in the property appraiser’s opinion, caused the
  246  appraisal to be clearly erroneous; or
  247         6. Depreciation of the property that was based on a latent
  248  defect of the property which existed but was not readily
  249  discernible by inspection on January 1, but not depreciation
  250  resulting from any other cause.
  251         (b) The material mistake of fact must may be corrected by
  252  the property appraiser, in the same like manner as provided by
  253  law for performing the act in the first place, only within 1
  254  year after the approval of the tax roll pursuant to s. 193.1142.
  255  If, and, when so corrected, the tax roll act becomes valid ab
  256  initio and does not affect in no way affects any process by law
  257  for the enforcement of the collection of the any tax. If the
  258  such a correction results in a refund of taxes paid on the basis
  259  of an erroneous assessment included contained on the current
  260  year’s tax roll for years beginning January 1, 1999, or later,
  261  the property appraiser, at his or her option, may request that
  262  the department to pass upon the refund request pursuant to s.
  263  197.182 or may submit the correction and refund order directly
  264  to the tax collector for action in accordance with the notice
  265  provisions of s. 197.182(2). Corrections to tax rolls for
  266  previous prior years which would result in refunds must be made
  267  pursuant to s. 197.182.
  268         Section 4. Section 197.123, Florida Statutes, is amended to
  269  read:
  270         197.123 Correcting Erroneous returns; notification of
  271  property appraiser.—If a any tax collector has reason to believe
  272  that a any taxpayer has filed an erroneous or incomplete
  273  statement of her or his personal property or has not disclosed
  274  returned the full amount of all of her or his property subject
  275  to taxation, the collector must shall notify the property
  276  appraiser of the erroneous or incomplete statement.
  277         Section 5. Section 197.146, Florida Statutes, is created to
  278  read:
  279         197.146 Uncollectable personal property taxes; correction
  280  of tax roll.—A tax collector who determines that a tangible
  281  personal property account is uncollectable may issue a
  282  certificate of correction for the current tax roll and any prior
  283  tax rolls. The tax collector shall notify the property appraiser
  284  that the account is invalid, and the assessment may not be
  285  certified for a future tax roll. An uncollectable account
  286  includes, but is not limited to, an account on property that was
  287  originally assessed but cannot be found to seize and sell for
  288  the payment of taxes and includes other personal property of the
  289  owner as identified pursuant to s. 197.413(8) and (9).
  290         Section 6. Section 197.162, Florida Statutes, is amended to
  291  read:
  292         197.162 Tax discount payment periods Discounts; amount and
  293  time.—
  294         (1) For On all taxes assessed on the county tax rolls and
  295  collected by the county tax collector, discounts for payments
  296  made before delinquency early payment thereof shall be at the
  297  rate of 4 percent in the month of November or at any time within
  298  30 days after the sending mailing of the original tax notice; 3
  299  percent in the following month of December; 2 percent in the
  300  following month of January; 1 percent in the following month of
  301  February; and zero percent in the following month of March or
  302  within 30 days prior to the date of delinquency if the date of
  303  delinquency is after April 1.
  304         (2) If When a taxpayer makes a request to have the original
  305  tax notice corrected, the discount rate for early payment
  306  applicable at the time of the request for correction is made
  307  shall apply for 30 days after the sending mailing of the
  308  corrected tax notice.
  309         (3) A discount rate shall apply at the rate of 4 percent
  310  applies for 30 days after the sending mailing of a tax notice
  311  resulting from the action of a value adjustment board.
  312  Thereafter, the regular discount periods shall apply.
  313         (4)If the For the purposes of this section, when a
  314  discount period ends on a Saturday, Sunday, or legal holiday,
  315  the discount period, including the zero percent period, shall be
  316  extended to the next working day, if payment is delivered to the
  317  a designated collection office of the tax collector.
  318         Section 7. Subsections (2) and (4) of section 197.172,
  319  Florida Statutes, are amended to read:
  320         197.172 Interest rate; calculation and minimum.—
  321         (2) The maximum rate of interest on a tax certificate is
  322  shall be 18 percent per year.; However, a tax certificate may
  323  shall not bear interest and nor shall the mandatory interest
  324  charge as provided by s. 197.472(2) may not be levied during the
  325  60-day period following of time from the date of delinquency,
  326  except for the 3 percent mandatory interest charged charge under
  327  subsection (1). No tax certificate sold before March 23, 1992,
  328  shall bear interest nor shall the mandatory charge as provided
  329  by s. 197.472(2) be levied in excess of the interest or charge
  330  provided herein, except as to those tax certificates upon which
  331  the mandatory charge as provided by s. 197.472(2) shall have
  332  been collected and paid.
  333         (4) Interest shall be calculated Except as provided in s.
  334  197.262 with regard to deferred payment tax certificates,
  335  interest to be accrued pursuant to this chapter shall be
  336  calculated monthly from the first day of each month.
  337         Section 8. Subsections (1), (2), and (3) of section
  338  197.182, Florida Statutes, are amended to read:
  339         197.182 Department of Revenue to pass upon and order
  340  refunds.—
  341         (1)(a) Except as provided in paragraphs paragraph (b), (c),
  342  and (d), the department shall pass upon and order refunds if
  343  when payment of taxes assessed on the county tax rolls has been
  344  made voluntarily or involuntarily under any of the following
  345  circumstances:
  346         1. When An overpayment has been made.
  347         2. When A payment has been made when no tax was due.
  348         3. When A bona fide controversy exists between the tax
  349  collector and the taxpayer as to the liability of the taxpayer
  350  for the payment of the tax claimed to be due, the taxpayer pays
  351  the amount claimed by the tax collector to be due, and it is
  352  finally adjudged by a court of competent jurisdiction that the
  353  taxpayer was not liable for the payment of the tax or any part
  354  thereof.
  355         4. When A payment for a delinquent tax has been made in
  356  error by a taxpayer to the tax collector due to application of
  357  payment to an erroneous parcel or misinformation provided by the
  358  property appraiser or tax collector and, if, within 12 24 months
  359  after of the date of the erroneous payment and before prior to
  360  any transfer of the assessed property to a third party for
  361  consideration, the party seeking a refund makes demand for
  362  reimbursement of the erroneous payment upon the owner of the
  363  property on which the taxes were erroneously paid and
  364  reimbursement of the erroneous payment is not received within 45
  365  days after such demand. The demand for reimbursement must shall
  366  be sent by certified mail, return receipt requested, and a copy
  367  of the demand must thereof shall be sent to the tax collector.
  368  If the payment was made in error by the taxpayer because of an
  369  error in the tax notice sent to the taxpayer, refund must be
  370  made as provided in paragraph (d) subparagraph (b)2.
  371         5.A payment for a tax that has not become delinquent, has
  372  been made in error by a taxpayer to the tax collector due to the
  373  application of the payment to an erroneous parcel or
  374  misinformation provided by the property appraiser or tax
  375  collector, and within 18 months after the date of the erroneous
  376  payment and before any transfer of the assessed property to a
  377  third party for consideration, the party seeking a refund makes
  378  a demand for reimbursement of the erroneous payment upon the
  379  owner of the property on which the taxes were erroneously paid
  380  and reimbursement of the erroneous payment is not received
  381  within 45 days after such demand. The demand for reimbursement
  382  must be sent by certified mail, return receipt requested, and a
  383  copy of the demand must be sent to the tax collector. If the
  384  payment was made in error by the taxpayer because of an error in
  385  the tax notice sent to the taxpayer, refund must be made as
  386  provided in paragraph (d).
  387         6.5.A When any payment is has been made for a tax
  388  certificate certificates that is are subsequently corrected or
  389  amended or is are subsequently determined to be void under s.
  390  197.443.
  391         (b)1.Those Refunds that have been ordered by a court and
  392  those refunds that do not result from changes made in the
  393  assessed value on a tax roll certified to the tax collector
  394  shall be made directly by the tax collector without order from
  395  the department and shall be made from undistributed funds
  396  without approval of the various taxing authorities.
  397         (c) Overpayments in the amount of $10 $5 or less may be
  398  retained by the tax collector unless a written claim for a
  399  refund is received from the taxpayer. Overpayments of more than
  400  $10 over $5 resulting from taxpayer error, if identified
  401  determined within 12 months the 4-year period of limitation,
  402  shall are to be automatically refunded to the taxpayer. Such
  403  refunds do not require approval from the department.
  404         (d)2.If When a payment has been made in error by a
  405  taxpayer to the tax collector because of an error in the tax
  406  notice sent to the taxpayer, refund must be made directly by the
  407  tax collector and does not require approval from the department.
  408  At the request of the taxpayer, the amount paid in error may be
  409  applied by the tax collector to the taxes for which the taxpayer
  410  is actually liable.
  411         (e)(c) Claims for refunds shall be made in accordance with
  412  the rules of the department. A No refund may not shall be
  413  granted unless a claim for the refund is made therefor within 4
  414  years after of January 1 of the tax year for which the taxes
  415  were paid.
  416         (f)(d) Upon receipt of the department’s written denial of a
  417  the refund, the tax collector shall issue the denial in writing
  418  to the taxpayer.
  419         (g)(e) If funds are available from current receipts and,
  420  subject to subsection (3) and, if a refund is approved, the
  421  taxpayer shall is entitled to receive a refund within 100 days
  422  after a claim for refund is made, unless the tax collector,
  423  property appraiser, or department states good cause for
  424  remitting the refund after that date. The time periods times
  425  stated in this paragraph and paragraphs (i) (f) through (l) (j)
  426  are directory and may be extended by a maximum of an additional
  427  60 days if good cause is stated.
  428         (h)(f) If the taxpayer contacts the property appraiser
  429  first, the property appraiser shall refer the taxpayer to the
  430  tax collector.
  431         (i)(g) If a correction to the roll by the property
  432  appraiser is required as a condition for the refund, the tax
  433  collector shall, within 30 days, advise the property appraiser
  434  of the taxpayer’s application for a refund and forward the
  435  application to the property appraiser.
  436         (j)(h) The property appraiser has 30 days after receipt of
  437  the form from the tax collector to correct the roll if a
  438  correction is permissible by law. Within After the 30-day period
  439  30 days, the property appraiser shall immediately advise the tax
  440  collector in writing of whether or not the roll has been
  441  corrected and state, stating the reasons why the roll was
  442  corrected or not corrected.
  443         (k)(i) If the refund requires is not one that can be
  444  directly acted upon by the tax collector, for which an order
  445  from the department is required, the tax collector shall forward
  446  the claim for refund to the department upon receipt of the
  447  correction from the property appraiser or 30 days after the
  448  claim for refund, whichever occurs first. This provision does
  449  not apply to corrections resulting in refunds of less than
  450  $2,500 $400, which the tax collector shall make directly,
  451  without order from the department, and from undistributed funds,
  452  and may make without approval of the various taxing authorities.
  453         (l)(j) The department shall approve or deny a claim for a
  454  refund all refunds within 30 days after receiving the from the
  455  tax collector the claim from the tax collector for refund,
  456  unless good cause is stated for delaying the approval or denial
  457  beyond that date.
  458         (m)(k) Subject to and after meeting the requirements of s.
  459  194.171 and this section, an action to contest a denial of
  460  refund must may not be brought within later than 60 days after
  461  the date the tax collector sends issues the denial to the
  462  taxpayer, which notice must be sent by certified mail, or 4
  463  years after January 1 of the year for which the taxes were paid,
  464  whichever is later. The tax collector may send notice of the
  465  denial electronically or by postal mail. Electronic transmission
  466  may be used only with the express consent of the property owner.
  467  If the notice of denial is sent electronically and is returned
  468  as undeliverable, a second notice must be sent by postal mail.
  469  However, the original electronic transmission is the official
  470  mailing for purpose of this section.
  471         (n)(l) In computing any time period under this section, if
  472  when the last day of the period is a Saturday, Sunday, or legal
  473  holiday, the period is to be extended to the next working day.
  474         (2)(a)If When the department orders a refund, the
  475  department it shall forward a copy of its order to the tax
  476  collector who shall then determine the pro rata share due by
  477  each taxing authority. The tax collector shall make the refund
  478  from undistributed funds held for that taxing authority and
  479  shall identify such refund as a reduction in the next
  480  distribution. If the undistributed funds are not sufficient for
  481  the refund, the tax collector shall notify the taxing authority
  482  of the shortfall. The taxing authority shall: and certify to the
  483  county, the district school board, each municipality, and the
  484  governing body of each taxing district, their pro rata shares of
  485  such refund, the reason for the refund, and the date the refund
  486  was ordered by the department.
  487         (b) The board of county commissioners, the district school
  488  board, each municipality, and the governing body of each taxing
  489  district shall comply with the order of the department in the
  490  following manner:
  491         1. Authorize the tax collector to make refund from
  492  undistributed funds held for that taxing authority by the tax
  493  collector;
  494         (a)2. Authorize the tax collector to make refund and
  495  forward to the tax collector its pro rata share of the refund
  496  from currently budgeted funds, if available; or
  497         (b)3. Notify the tax collector that the taxing authority
  498  does not have funds currently available and provide for the
  499  payment of the refund in its budget for the next ensuing year
  500  funds for the payment of the refund.
  501         (3) A refund ordered by the department pursuant to this
  502  section shall be made by the tax collector in one aggregate
  503  amount composed of all the pro rata shares of the several taxing
  504  authorities concerned, except that a partial refund is allowed
  505  if when one or more of the taxing authorities concerned do not
  506  have funds currently available to pay their pro rata shares of
  507  the refund and this would cause an unreasonable delay in the
  508  total refund. A statement by the tax collector explaining the
  509  refund shall accompany the refund payment. If When taxes become
  510  delinquent as a result of a refund pursuant to subparagraph
  511  (1)(a)5. subparagraph (1)(a)4. or paragraph (1)(d) subparagraph
  512  (1)(b)2., the tax collector shall notify the property owner that
  513  the taxes have become delinquent and that a tax certificate will
  514  be sold if the taxes are not paid within 30 days after the date
  515  of delinquency.
  516         Section 9. Subsections (1), (3), and (5) of section
  517  197.222, Florida Statutes, are amended to read:
  518         197.222 Prepayment of estimated tax by installment method.—
  519         (1) Taxes collected pursuant to this chapter may be prepaid
  520  in installments as provided in this section. A taxpayer may
  521  elect to prepay by installments for each tax notice for with
  522  taxes estimated to be more than $100. A taxpayer who elects to
  523  prepay taxes shall make payments based upon an estimated tax
  524  equal to the actual taxes levied upon the subject property in
  525  the prior year. To prepay by installments, the Such taxpayer
  526  must shall complete and file an application for each tax notice
  527  to prepay such taxes by installment with the tax collector on or
  528  before April 30 prior to May 1 of the year in which the taxpayer
  529  elects to prepay the taxes in installments pursuant to this
  530  section. The application shall be made on forms supplied by the
  531  department and provided to the taxpayer by the tax collector.
  532  After submission of an initial application, a taxpayer is shall
  533  not be required to submit additional annual applications as long
  534  as he or she continues to elect to prepay taxes in installments
  535  pursuant to this section. However, if in any year the taxpayer
  536  does not so elect, reapplication is shall be required for a
  537  subsequent election to do so. Installment payments shall be made
  538  according to the following schedule:
  539         (a) The first payment of one-quarter of the total amount of
  540  estimated taxes due must shall be made by not later than June 30
  541  of the year in which the taxes are assessed. A 6-percent
  542  discount applied against the amount of the installment shall be
  543  granted for such payment. The tax collector may accept a late
  544  payment of the first installment through July 31, and the under
  545  this paragraph within 30 days after June 30; such late payment
  546  must be accompanied by a penalty of 5 percent of the amount of
  547  the installment due.
  548         (b) The second payment of one-quarter of the total amount
  549  of estimated taxes must due shall be made by not later than
  550  September 30 of the year in which the taxes are assessed. A 4.5
  551  percent discount applied against the amount of the installment
  552  shall be granted for such payment.
  553         (c) The third payment of one-quarter of the total amount of
  554  estimated taxes due, plus one-half of any adjustment made
  555  pursuant to a determination of actual tax liability, must shall
  556  be made by not later than December 31 of the year in which taxes
  557  are assessed. A 3 percent 3-percent discount applied against the
  558  amount of the installment shall be granted for such payment.
  559         (d) The fourth payment of one-quarter of the total amount
  560  of estimated taxes due, plus one-half of any adjustment made
  561  pursuant to a determination of actual tax liability, must shall
  562  be made by not later than March 31 following the year in which
  563  taxes are assessed. A No discount may not shall be granted for
  564  such payment.
  565         (e) If For purposes of this section, when an installment
  566  due date falls on a Saturday, Sunday, or legal holiday, the due
  567  date for the installment is shall be the next working day, if
  568  the installment payment is delivered to a designated collection
  569  office of the tax collector. Taxpayers making such payment shall
  570  be entitled to the applicable discount rate authorized in this
  571  section.
  572         (3) Upon receiving a taxpayer’s application for
  573  participation in the prepayment installment plan, and the tax
  574  collector shall mail to the taxpayer a statement of the
  575  taxpayer’s estimated tax liability which shall be equal to the
  576  actual taxes levied on the subject property in the preceding
  577  year; such statement shall indicate the amount of each quarterly
  578  installment after application of the discount rates provided in
  579  this section, and a payment schedule, based upon the schedule
  580  provided in this section and furnished by the department. for
  581  those taxpayers who participated in the prepayment installment
  582  plan for the previous year and who are not required to reapply,
  583  the tax collector shall send a quarterly tax notice with the
  584  discount rates provided in this section according to the payment
  585  schedule provided by the department the statement shall be
  586  mailed by June 1. During the first month that the tax roll is
  587  open for payment of taxes, the tax collector shall mail to the
  588  taxpayer a statement which shows the amount of the remaining
  589  installment payments to be made after application of the
  590  discount rates provided in this section. The postage or cost of
  591  electronic mailing shall be paid out of the general fund of the
  592  county, upon statement of the costs thereof by the tax
  593  collector.
  594         (5) Notice of the right to prepay taxes pursuant to this
  595  section shall be provided with the notice of taxes. The Such
  596  notice shall inform the taxpayer of the right to prepay taxes in
  597  installments, and that application forms can be obtained from
  598  the tax collector, and shall state that reapplication is not
  599  necessary if the taxpayer participated in the prepayment
  600  installment plan for the previous year. The application forms
  601  shall be provided by the department and shall be mailed by the
  602  tax collector to those taxpayers requesting an application.
  603         Section 10. Subsections (3) and (9) of section 197.2301,
  604  Florida Statutes, are amended to read:
  605         197.2301 Payment of taxes prior to certified roll
  606  procedure.—
  607         (3) Immediately upon receipt of the property appraiser’s
  608  certification under subsection (2), the tax collector shall
  609  publish a notice cause to be published in a newspaper of general
  610  circulation in the county and shall prominently post at the
  611  courthouse door a notice that the tax roll will not be certified
  612  for collection before prior to January 1 and that payments of
  613  estimated taxes may be made will be allowed by those taxpayers
  614  who submit tender payment to the collector on or before December
  615  31.
  616         (9) After the discount has been applied to the estimated
  617  taxes paid and it is determined that an underpayment or
  618  overpayment has occurred, the following shall apply:
  619         (a) If the amount of underpayment or overpayment is $10 $5
  620  or less, then no additional billing or refund is required except
  621  as determined by the tax collector.
  622         (b) If the amount of overpayment is more than $10 $5, the
  623  tax collector shall immediately refund to the person who paid
  624  the estimated tax the amount of overpayment. Department of
  625  Revenue approval is shall not be required for such the refund of
  626  overpayment made pursuant to this subsection.
  627         Section 11. Section 197.2421, Florida Statutes, is created
  628  to read:
  629         197.2421Property tax deferral.—
  630         (1) If a property owner applies for a property tax deferral
  631  and meets the criteria established in this chapter, the tax
  632  collector shall approve the deferral of such ad valorem taxes
  633  and non-ad valorem assessments.
  634         (2) Authorized property tax deferral programs are:
  635         (a) Homestead tax deferral.
  636         (b) Recreational and commercial working waterfront
  637  deferral.
  638         (c) Affordable rental housing deferral.
  639         (3) Ad valorem taxes, non-ad valorem assessments, and
  640  interest deferred pursuant to this chapter shall constitute a
  641  priority lien and shall attach to the property in the same
  642  manner as other tax liens. Deferred taxes, assessments, and
  643  interest, however, shall be due, payable, and delinquent as
  644  provided in this chapter.
  645         Section 12. Section 197.2423, Florida Statutes, is created
  646  to read:
  647         197.2423Application for property tax deferral;
  648  determination of approval or denial by tax collector.—
  649         (1) A property owner is responsible for submitting an
  650  annual application for tax deferral with the county tax
  651  collector on or before March 31 following the year in which the
  652  taxes and non-ad valorem assessments are assessed.
  653         (2) Each applicant shall demonstrate compliance with the
  654  requirements for tax deferral.
  655         (3) The application for deferral shall be made upon a form
  656  provided by the tax collector. The tax collector may require the
  657  applicant to submit other evidence and documentation deemed
  658  necessary in considering the application. The application form
  659  shall advise the applicant:
  660         (a) Of the manner in which interest is computed.
  661         (b) Of the conditions which must be met to qualify for
  662  approval.
  663         (c) Of the conditions under which deferred taxes,
  664  assessments, and interest become due, payable, and delinquent.
  665         (d) That all tax deferrals pursuant to this section
  666  constitute a lien on the applicant’s property.
  667         (4) Each application shall include a list of all
  668  outstanding liens on the property and the current value of each
  669  lien.
  670         (5) Each applicant shall furnish proof of fire and extended
  671  coverage insurance in an amount at least equal to the total of
  672  all outstanding liens, including a lien for deferred taxes, non
  673  ad valorem assessments, and interest with a loss payable clause
  674  to the tax collector.
  675         (6) The tax collector shall consider each annual
  676  application for a tax deferral within 45 days after the
  677  application is filed or as soon as practicable thereafter. The
  678  tax collector shall exercise reasonable discretion based upon
  679  applicable information available under this section. A tax
  680  collector who finds that the applicant is entitled to the tax
  681  deferral shall approve the application and maintain the deferral
  682  records until the tax lien is satisfied.
  683         (7) For approved deferrals, the date of receipt by the tax
  684  collector of the application for tax deferral shall be used in
  685  calculating taxes due and payable net of discounts for early
  686  payment as provided in s. 197.162.
  687         (8) The tax collector shall notify the property appraiser
  688  in writing of those parcels for which taxes have been deferred.
  689         (9) A tax deferral may not be granted if:
  690         (a) The total amount of deferred taxes, non-ad valorem
  691  assessments, and interest, plus the total amount of all other
  692  unsatisfied liens on the property, exceeds 85 percent of the
  693  just value of the property; or
  694         (b) The primary mortgage financing on the property is for
  695  an amount that exceeds 70 percent of the just value of the
  696  property.
  697         (10) A tax collector who finds that the applicant is not
  698  entitled to the deferral shall send a notice of disapproval
  699  within 45 days after the date the application is filed, citing
  700  the reason for disapproval. The original notice of disapproval
  701  shall be sent to the applicant and shall advise the applicant of
  702  the right to appeal the decision to the value adjustment board
  703  and shall inform the applicant of the procedure for filing such
  704  an appeal.
  705         Section 13. Section 197.253, Florida Statutes, is
  706  transferred, renumbered as section 197.2425, Florida Statutes,
  707  and amended to read:
  708         197.2425 197.253Appeal of denied Homestead tax deferral;
  709  application.—An appeal of a denied tax deferral must be made by
  710  the property owner
  711         (1) The application for deferral shall be made upon a form
  712  prescribed by the department and furnished by the county tax
  713  collector. The application form shall be signed upon oath by the
  714  applicant before an officer authorized by the state to
  715  administer oaths. The tax collector may, in his or her
  716  discretion, require the applicant to submit such other evidence
  717  and documentation as deemed necessary by the tax collector in
  718  considering the application. The application form shall advise
  719  the applicant of the manner in which interest is computed. Each
  720  application form shall contain an explanation of the conditions
  721  to be met for approval and the conditions under which deferred
  722  taxes and interest become due, payable, and delinquent. Each
  723  application shall clearly state that all deferrals pursuant to
  724  this act shall constitute a lien on the applicant’s homestead.
  725         (2)(a) The tax collector shall consider each annual
  726  application for homestead tax deferral within 30 days of the day
  727  the application is filed or as soon as practicable thereafter. A
  728  tax collector who finds that the applicant is entitled to the
  729  tax deferral shall approve the application and file the
  730  application in the permanent records. A tax collector who finds
  731  the applicant is not entitled to the deferral shall send a
  732  notice of disapproval within 30 days of the filing of the
  733  application, giving reasons therefor to the applicant, either by
  734  personal delivery or by registered mail to the mailing address
  735  given by the applicant and shall make return in the manner in
  736  which such notice was served upon the applicant upon the
  737  original notice thereof and file among the permanent records of
  738  the tax collector’s office. The original notice of disapproval
  739  sent to the applicant shall advise the applicant of the right to
  740  appeal the decision of the tax collector to the value adjustment
  741  board and shall inform the applicant of the procedure for filing
  742  such an appeal.
  743         (b) Appeals of the decision of the tax collector to the
  744  value adjustment board shall be in writing on a form prescribed
  745  by the department and furnished by the tax collector. The Such
  746  appeal must shall be filed with the value adjustment board
  747  within 30 20 days after the applicant’s receipt of the notice of
  748  disapproval. The value adjustment board shall review the
  749  application and the evidence presented to the tax collector upon
  750  which the applicant based his or her claim for tax deferral and,
  751  at the election of the applicant, shall hear the applicant in
  752  person, or by agent on the applicant’s behalf, on his or her
  753  right to homestead tax deferral. The value adjustment board
  754  shall reverse the decision of the tax collector and grant a
  755  homestead tax deferral to the applicant, if in its judgment the
  756  applicant is entitled to the tax deferral thereto, or shall
  757  affirm the decision of the tax collector. An Such action by of
  758  the value adjustment board is shall be final unless the
  759  applicant or tax collector files a de novo proceeding for a
  760  declaratory judgment or other appropriate proceeding in the
  761  circuit court of the county in which the property is located or
  762  other lienholder, within 15 days after from the date of the
  763  decision disapproval of the application by the board, files in
  764  the circuit court of the county in which the property is
  765  located, a proceeding for a declaratory judgment or other
  766  appropriate proceeding.
  767         (3) Each application shall contain a list of, and the
  768  current value of, all outstanding liens on the applicant’s
  769  homestead.
  770         (4) For approved applications, the date of receipt by the
  771  tax collector of the application for tax deferral shall be used
  772  in calculating taxes due and payable net of discounts for early
  773  payment as provided for by s. 197.162.
  774         (5) If such proof has not been furnished with a prior
  775  application, each applicant shall furnish proof of fire and
  776  extended coverage insurance in an amount which is in excess of
  777  the sum of all outstanding liens and deferred taxes and interest
  778  with a loss payable clause to the county tax collector.
  779         (6) The tax collector shall notify the property appraiser
  780  in writing of those parcels for which taxes have been deferred.
  781         (7) The property appraiser shall promptly notify the tax
  782  collector of denials of homestead application and changes in
  783  ownership of properties that have been granted a tax deferral.
  784         Section 14. Section 197.243, Florida Statutes, is amended
  785  to read:
  786         197.243 Definitions relating to homestead property tax
  787  deferral Act.—
  788         (1) “Household” means a person or group of persons living
  789  together in a room or group of rooms as a housing unit, but the
  790  term does not include persons boarding in or renting a portion
  791  of the dwelling.
  792         (2) “Income” means the “adjusted gross income,” as defined
  793  in s. 62 of the United States Internal Revenue Code, of all
  794  members of a household.
  795         Section 15. Section 197.252, Florida Statutes, is amended
  796  to read:
  797         197.252 Homestead tax deferral.—
  798         (1) Any person who is entitled to claim homestead tax
  799  exemption under the provisions of s. 196.031(1) may apply elect
  800  to defer payment of a portion of the combined total of the ad
  801  valorem taxes, and any non-ad valorem assessments, and interest
  802  which would be covered by a tax certificate sold under this
  803  chapter levied on that person’s homestead by filing an annual
  804  application for tax deferral with the county tax collector on or
  805  before January 31 following the year in which the taxes and non
  806  ad valorem assessments are assessed. Any applicant who is
  807  entitled to receive the homestead tax exemption but has waived
  808  it for any reason shall furnish, with the application for tax
  809  deferral, a certificate of eligibility to receive the exemption.
  810  Such certificate shall be prepared by the county property
  811  appraiser upon request of the taxpayer. It shall be the burden
  812  of each applicant to affirmatively demonstrate compliance with
  813  the requirements of this section.
  814         (2)(a) Approval of an application for homestead tax
  815  deferral shall defer that portion of the combined total of ad
  816  valorem taxes and any non-ad valorem assessments:
  817         1. That which would be covered by a tax certificate sold
  818  under this chapter otherwise due and payable on the applicant’s
  819  homestead pursuant to s. 197.333 which exceeds 5 percent of the
  820  applicant’s household household’s income for the prior calendar
  821  year if the applicant is younger than 65 years old;
  822         2. That exceeds 3 percent of the applicant’s household
  823  income for the prior calendar year if the applicant is 65 years
  824  old or older; or
  825         3. In its entirety if the applicant’s household income:
  826         a. For the previous calendar year is less than $10,000; or
  827         b. Is less than the designated amount for the additional
  828  homestead exemption under s. 196.075 and the applicant is 65
  829  years old or older. If any such applicant’s household income for
  830  the prior calendar year is less than $10,000, approval of such
  831  application shall defer such ad valorem taxes plus non-ad
  832  valorem assessments in their entirety.
  833         (b) If the applicant is 65 years of age or older, approval
  834  of the application shall defer that portion of the ad valorem
  835  taxes plus non-ad valorem assessments which exceeds 3 percent of
  836  the applicant’s household income for the prior calendar year. If
  837  any applicant’s household income for the prior calendar year is
  838  less than $10,000, or is less than the amount of the household
  839  income designated for the additional homestead exemption
  840  pursuant to s. 196.075, and the applicant is 65 years of age or
  841  older, approval of the application shall defer the ad valorem
  842  taxes plus non-ad valorem assessments in their entirety.
  843         (b)(c) The household income of an applicant who applies for
  844  a tax deferral before the end of the calendar year in which the
  845  taxes and non-ad valorem assessments are assessed shall be for
  846  the current year, adjusted to reflect estimated income for the
  847  full calendar year period. The estimate of a full year’s
  848  household income shall be made by multiplying the household
  849  income received to the date of application by a fraction, the
  850  numerator being 365 and the denominator being the number of days
  851  expired in the calendar year to the date of application.
  852         (3) The property appraiser shall promptly notify the tax
  853  collector if there is a change in ownership or the homestead
  854  exemption has been denied on property that has been granted a
  855  tax deferral. No tax deferral shall be granted:
  856         (a) If the total amount of deferred taxes, non-ad valorem
  857  assessments, and interest plus the total amount of all other
  858  unsatisfied liens on the homestead exceeds 85 percent of the
  859  assessed value of the homestead, or
  860         (b) If the primary mortgage financing on the homestead is
  861  for an amount which exceeds 70 percent of the assessed value of
  862  the homestead.
  863         (4) The amount of taxes, non-ad valorem assessments, and
  864  interest deferred under this act shall accrue interest at a rate
  865  equal to the semiannually compounded rate of one-half of 1
  866  percent plus the average yield to maturity of the long-term
  867  fixed-income portion of the Florida Retirement System
  868  investments as of the end of the quarter preceding the date of
  869  the sale of the deferred payment tax certificates; however, the
  870  interest rate may not exceed 7 percent.
  871         (5) The taxes, non-ad valorem assessments, and interest
  872  deferred pursuant to this act shall constitute a prior lien and
  873  shall attach as of the date and in the same manner and be
  874  collected as other liens for taxes, as provided for under this
  875  chapter, but such deferred taxes, non-ad valorem assessments,
  876  and interest shall only be due, payable, and delinquent as
  877  provided in this act.
  878         Section 16. Section 197.303, Florida Statutes, is
  879  transferred, renumbered as section 197.2524, Florida Statutes,
  880  and amended to read:
  881         197.2524 197.303Ad valorem Tax deferral for recreational
  882  and commercial working waterfront properties and affordable
  883  rental housing property.—
  884         (1) This section applies to: The board of county
  885  commissioners of any county or the governing authority of any
  886  municipality may adopt an ordinance to allow for ad valorem tax
  887  deferrals for
  888         (a) Recreational and commercial working waterfront
  889  properties if the owners are engaging in the operation,
  890  rehabilitation, or renovation of such properties in accordance
  891  with guidelines established in this section.
  892         (b) Affordable rental housing, if the owners are engaging
  893  in the operation, rehabilitation, or renovation of such
  894  properties in accordance with the guidelines provided in part VI
  895  of chapter 420.
  896         (2) The board of county commissioners of any county or the
  897  governing authority of a the municipality may adopt an by
  898  ordinance to may authorize the deferral of ad valorem taxes
  899  taxation and non-ad valorem assessments for recreational and
  900  commercial working waterfront properties described in subsection
  901  (1).
  902         (3) The ordinance shall designate the percentage or amount
  903  of the deferral and the type and location of the working
  904  waterfront property and, including the type of public lodging
  905  establishments, for which deferrals may be granted, which may
  906  include any property meeting the provisions of s. 342.07(2),
  907  which property may require the property be further required to
  908  be located within a particular geographic area or areas of the
  909  county or municipality. For property defined in s. 342.07(2) as
  910  “recreational and commercial working waterfront,” the ordinance
  911  may specify the type of public lodging establishments that
  912  qualify.
  913         (4) The ordinance must specify that such deferrals apply
  914  only to taxes or assessments levied by the unit of government
  915  granting the deferral. However, a deferral may not be granted
  916  for the deferrals do not apply, however, to taxes or non-ad
  917  valorem assessments defined in s. 197.3632(1)(d) levied for the
  918  payment of bonds or for to taxes authorized by a vote of the
  919  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  920  Constitution.
  921         (5) The ordinance must specify that any deferral granted
  922  remains in effect regardless of any change in the authority of
  923  the county or municipality to grant the deferral. In order to
  924  retain the deferral, however, the use and ownership of the
  925  property as a working waterfront must remain as it was when the
  926  deferral was granted for be maintained over the period in for
  927  which the deferral remains is granted.
  928         (6)(a) If an application for deferral is granted on
  929  property that is located in a community redevelopment area, the
  930  amount of taxes eligible for deferral shall be limited reduced,
  931  as provided for in paragraph (b), if:
  932         1. The community redevelopment agency has previously issued
  933  instruments of indebtedness that are secured by increment
  934  revenues on deposit in the community redevelopment trust fund;
  935  and
  936         2. Those instruments of indebtedness are associated with
  937  the real property applying for the deferral.
  938         (b) If the provisions of paragraph (a) applies apply, the
  939  tax deferral may shall not apply only to the an amount of taxes
  940  in excess of equal to the amount that must be deposited into the
  941  community redevelopment trust fund by the entity granting the
  942  deferral based upon the taxable value of the property upon which
  943  the deferral is being granted. Once all instruments of
  944  indebtedness that existed at the time the deferral was
  945  originally granted are no longer outstanding or have otherwise
  946  been defeased, the provisions of this paragraph shall no longer
  947  apply.
  948         (c) If a portion of the taxes on a property were not
  949  eligible for deferral under because of the provisions of
  950  paragraph (b), the community redevelopment agency shall notify
  951  the property owner and the tax collector 1 year before the debt
  952  instruments that prevented said taxes from being deferred are no
  953  longer outstanding or otherwise defeased.
  954         (d) The tax collector shall notify a community
  955  redevelopment agency of any tax deferral that has been granted
  956  on property located within the community redevelopment area of
  957  that agency.
  958         (e) Issuance of debt obligation after the date a deferral
  959  has been granted shall not reduce the amount of taxes eligible
  960  for deferral.
  961         Section 17. Section 197.3071, Florida Statutes, is
  962  transferred, renumbered as section 197.2526, Florida Statutes,
  963  and amended to read:
  964         197.2526 197.3071 Eligibility for tax deferral for
  965  affordable rental housing property.—The tax deferral authorized
  966  by s. 197.2524 this section is applicable only on a pro rata
  967  basis to the ad valorem taxes levied on residential units within
  968  a property which meet the following conditions:
  969         (1) Units for which the monthly rent along with taxes,
  970  insurance, and utilities does not exceed 30 percent of the
  971  median adjusted gross annual income as defined in s. 420.0004
  972  for the households described in subsection (2).
  973         (2) Units that are occupied by extremely-low-income
  974  persons, very-low-income persons, low-income persons, or
  975  moderate-income persons as these terms are defined in s.
  976  420.0004.
  977         Section 18. Section 197.254, Florida Statutes, is amended
  978  to read:
  979         197.254 Annual notification to taxpayer.—
  980         (1) The tax collector shall notify the taxpayer of each
  981  parcel appearing on the real property assessment roll of the
  982  right to defer payment of taxes and non-ad valorem assessments
  983  and interest on homestead property pursuant to s. 197.252.
  984  pursuant to ss. 197.242-197.312. Such notice shall be printed on
  985  the back of envelopes used for mailing the notice of taxes
  986  provided for by s. 197.322(3). Such notice of the right to defer
  987  payment of taxes and non-ad valorem assessments shall read:
  988  
  989                    NOTICE TO TAXPAYERS ENTITLED                   
  990                       TO HOMESTEAD EXEMPTION                      
  991  
  992         “If your income is low enough to meet certain conditions,
  993  you may qualify for a deferred tax payment plan on homestead
  994  property. An application to determine eligibility is available
  995  in the county tax collector’s office.”
  996         (2) On or before November 1 of each year, the tax collector
  997  shall notify each taxpayer to whom a tax deferral has been
  998  previously granted of the accumulated sum of deferred taxes,
  999  non-ad valorem assessments, and interest outstanding.
 1000         Section 19. Section 197.262, Florida Statutes, is amended
 1001  to read:
 1002         197.262 Deferred payment tax certificates.—
 1003         (1) The tax collector shall notify each local governing
 1004  body of the amount of taxes and non-ad valorem assessments
 1005  deferred which would otherwise have been collected for such
 1006  governing body. The county shall then, At a the time of the tax
 1007  certificate sale held pursuant to s. 197.432, the tax collector
 1008  shall strike to the county each certificate on property for
 1009  which taxes have been deferred off to the county. Certificates
 1010  issued pursuant to this section are exempt from the public sale
 1011  of tax certificates held pursuant to s. 197.432 or s. 197.4725.
 1012         (2) The certificates so held by the county shall bear
 1013  interest at a rate equal to the semiannually compounded rate of
 1014  0.5 percent plus the average yield to maturity of the long-term
 1015  fixed-income portion of the Florida Retirement System
 1016  investments as of the end of the quarter preceding the date of
 1017  the sale of the deferred payment tax certificates.; However, the
 1018  interest rate may not exceed 7 9.5 percent.
 1019         Section 20. Section 197.263, Florida Statutes, is amended
 1020  to read:
 1021         197.263 Change in ownership or use of property.—
 1022         (1) If In the event that there is a change in use or
 1023  ownership of tax-deferred property such that the owner is no
 1024  longer eligible for the tax deferral granted entitled to claim
 1025  homestead exemption for such property pursuant to s. 196.031(1),
 1026  or the owner such person fails to maintain the required fire and
 1027  extended insurance coverage, the total amount of deferred taxes
 1028  and interest for all previous years shall be due and payable
 1029  November 1 of the year in which the change in use occurs or on
 1030  the date failure to maintain insurance occurs. Payment and shall
 1031  be delinquent on April 1 of the year following the year in which
 1032  the change in use or failure to maintain insurance occurs.
 1033  However, if the change in ownership is to a surviving spouse and
 1034  the spouse is eligible to maintain the tax deferral on such
 1035  property, the surviving spouse may continue the deferment of
 1036  previously deferred taxes and interest pursuant to this chapter.
 1037         (2) In the event that there is a change in ownership of
 1038  tax-deferred property, the total amount of deferred taxes and
 1039  interest for all previous years shall be due and payable on the
 1040  date the change in ownership takes place and shall be delinquent
 1041  on April 1 following said date. When, however, the change in
 1042  ownership is to a surviving spouse and such spouse is eligible
 1043  to claim homestead exemption on such property pursuant to s.
 1044  196.031(1), such surviving spouse may continue the deferment of
 1045  previously deferred taxes and interest pursuant to the
 1046  provisions of this act.
 1047         (2)(3) Whenever the property appraiser discovers that there
 1048  has been a change in the ownership or use of property which has
 1049  been granted a tax deferral, the property appraiser shall notify
 1050  the tax collector in writing of the date such change occurs, and
 1051  the tax collector shall collect any taxes, assessments, and
 1052  interest due or delinquent.
 1053         (3)(4) During any year in which the total amount of
 1054  deferred taxes, interest, assessments, and all other unsatisfied
 1055  liens on the homestead exceeds 85 percent of the just assessed
 1056  value of the homestead, the tax collector shall immediately
 1057  notify the owner of the property on which taxes and interest
 1058  have been deferred that the portion of taxes, and interest, and
 1059  assessments which exceeds 85 percent of the just assessed value
 1060  of the homestead is shall be due and payable within 30 days
 1061  after of receipt of the notice is sent. Failure to pay the
 1062  amount due causes shall cause the total amount of deferred
 1063  taxes, and interest, and assessments to become delinquent.
 1064         (4)(5) Each year, upon notification, each owner of property
 1065  on which taxes, and interest, and assessments have been deferred
 1066  shall submit to the tax collector a list of, and the current
 1067  value of, all outstanding liens on the owner’s homestead.
 1068  Failure to respond to this notification within 30 days shall
 1069  cause the total amount of deferred taxes, and interest, and
 1070  assessments to become payable within 30 days.
 1071         (5)(6)If In the event deferred taxes, interest, and
 1072  assessments become delinquent under this chapter, then on or
 1073  before June 1 following the date the taxes become delinquent,
 1074  the tax collector shall sell a tax certificate for the
 1075  delinquent taxes, and interest, and assessments in the manner
 1076  provided by s. 197.432.
 1077         Section 21. Section 197.272, Florida Statutes, is amended
 1078  to read:
 1079         197.272 Prepayment of deferred taxes.—
 1080         (1) All or part of the deferred taxes and accrued interest
 1081  may at any time be paid to the tax collector. by:
 1082         (a) The owner of the property or the spouse of the owner.
 1083         (b) The next of kin of the owner, heir of the owner, child
 1084  of the owner, or any person having or claiming a legal or
 1085  equitable interest in the property, provided no objection is
 1086  made by the owner within 30 days after the tax collector
 1087  notifies the owner of the fact that such payment has been
 1088  tendered.
 1089         (2) Any partial payment that is less than the total amount
 1090  due must be equal to the amount of the deferred taxes, interest,
 1091  assessments, and for 1 or more full years made pursuant to this
 1092  section shall be applied first to accrued interest.
 1093         Section 22. Section 197.282, Florida Statutes, is amended
 1094  to read:
 1095         197.282 Distribution of payments.—When any deferred taxes,
 1096  assessments, or interest is collected, the tax collector shall
 1097  maintain a record of the payment, setting forth a description of
 1098  the property and the amount of taxes or interest collected for
 1099  such property. The tax collector shall distribute payments
 1100  received in accordance with the procedures for distribution of
 1101  ad valorem taxes, non-ad valorem assessments, or redemption
 1102  moneys as prescribed in this chapter.
 1103         Section 23. Section 197.292, Florida Statutes, is amended
 1104  to read:
 1105         197.292 Construction.—Nothing in This chapter does not
 1106  prohibit: act shall be construed to prevent
 1107         (1) The collection of personal property taxes that which
 1108  become a lien against tax-deferred property;,
 1109         (2) Defer payment of special assessments to benefited
 1110  property other than those specifically allowed to be deferred;,
 1111  or
 1112         (3) Affect any provision of any mortgage or other
 1113  instrument relating to property requiring a person to pay ad
 1114  valorem taxes or non-ad valorem assessments.
 1115         Section 24. Section 197.301, Florida Statutes, is amended
 1116  to read:
 1117         197.301 Penalties.—
 1118         (1) The following penalties shall be imposed on any person
 1119  who willfully files incorrect information for a tax deferral
 1120  required under s. 197.252 or s. 197.263 which is incorrect:
 1121         (a) The Such person shall pay the total amount of deferred
 1122  taxes, non-ad valorem assessments subject to collection pursuant
 1123  to the uniform method of collection set forth in s. 197.3632,
 1124  and interest deferred, which amount shall immediately become
 1125  due.;
 1126         (b) The Such person shall be disqualified from filing a
 1127  homestead tax deferral application for the next 3 years.; and
 1128         (c) The Such person shall pay a penalty of 25 percent of
 1129  the total amount of deferred taxes, non-ad valorem assessments
 1130  subject to collection pursuant to the uniform method of
 1131  collection set forth in s. 197.3632, and interest deferred.
 1132         (2) Any person against whom the penalties prescribed in
 1133  this section have been imposed may appeal the penalties imposed
 1134  to the value adjustment board within 30 days after said
 1135  penalties are imposed.
 1136         Section 25. Section 197.312, Florida Statutes, is amended
 1137  to read:
 1138         197.312 Payment by mortgagee.—If any mortgagee elects shall
 1139  elect to pay the taxes when an applicant qualifies for tax
 1140  deferral, then such election does shall not give the mortgagee
 1141  the right to foreclose.
 1142         Section 26. Section 197.322, Florida Statutes, is amended
 1143  to read:
 1144         197.322 Delivery of ad valorem tax and non-ad valorem
 1145  assessment rolls; notice of taxes; publication and mail.—
 1146         (1) The property appraiser shall deliver to the tax
 1147  collector the certified assessment roll along with his or her
 1148  warrant and recapitulation sheet.
 1149         (2) The tax collector shall on November 1, or as soon as
 1150  the assessment roll is open for collection, publish a notice in
 1151  a local newspaper that the tax roll is open for collection.
 1152         (3) Within 20 working days after receipt of the certified
 1153  ad valorem tax roll and the non-ad valorem assessment rolls, the
 1154  tax collector shall send mail to each taxpayer appearing on such
 1155  said rolls, whose post office address is known to him or her, a
 1156  tax notice stating the amount of current taxes due, from the
 1157  taxpayer and, if applicable, the fact that back taxes remain
 1158  unpaid and advising the taxpayer of the discounts allowed for
 1159  early payment, and that delinquent taxes are outstanding, if
 1160  applicable. Pursuant to s. 197.3632, the form of the notice of
 1161  non-ad valorem assessments and notice of ad valorem taxes shall
 1162  be in the form specified as provided in s. 197.3635 and no other
 1163  form shall be used, notwithstanding the provisions of s.
 1164  195.022. The tax collector may send such notice electronically
 1165  or by postal mail. Electronic transmission may be used only with
 1166  the express consent of the property owner. Electronic
 1167  transmission of tax notices may be sent earlier but may not be
 1168  sent later than the postal mailing of the notices. If the notice
 1169  of taxes is sent electronically and is returned as
 1170  undeliverable, a second notice shall be sent by postal mail.
 1171  However, the original electronic transmission is the official
 1172  mailing for purpose of this section. A discount period may not
 1173  be extended due to a tax bill being returned as undeliverable
 1174  electronically or by postal mail. The postage for mailing or the
 1175  cost of electronic transmission shall be paid out of the general
 1176  fund of each local governing board, upon statement of the amount
 1177  thereof by the tax collector.
 1178         Section 27. Section 197.332, Florida Statutes, is amended
 1179  to read:
 1180         197.332 Duties of tax collectors; branch offices.—
 1181         (1) The tax collector has the authority and obligation to
 1182  collect all taxes as shown on the tax roll by the date of
 1183  delinquency or to collect delinquent taxes, interest, and costs,
 1184  by sale of tax certificates on real property and by seizure and
 1185  sale of personal property. The tax collector may perform such
 1186  duties by use of contracted services or products or by
 1187  electronic means. The use of contracted services, products, or
 1188  vendors does not diminish the responsibility or liability of the
 1189  tax collector to perform such duties pursuant to law. The tax
 1190  collector may shall be allowed to collect the cost of contracted
 1191  services and reasonable attorney’s fees and court costs in
 1192  actions on proceedings to recover delinquent taxes, interest,
 1193  and costs.
 1194         (2) A county tax collector may establish one or more branch
 1195  offices by acquiring title to real property or by lease
 1196  agreement. The tax collector may staff and equip such branch
 1197  offices to conduct state business, or if authorized to do so by
 1198  resolution of the county governing body conduct county business
 1199  pursuant to s. (1)(k), Art. VIII the State Constitution. The
 1200  department shall rely on the tax collector’s determination that
 1201  a branch office is necessary and shall base its approval of the
 1202  tax collector’s budget in accordance with the procedures of s.
 1203  195.087(2).
 1204         Section 28. Section 197.343, Florida Statutes, is amended
 1205  to read:
 1206         197.343 Tax notices; additional notice required.—
 1207         (1) An additional tax notice shall be sent, electronically
 1208  or by postal mail, mailed by April 30 to each taxpayer whose
 1209  payment has not been received. Electronic transmission of the
 1210  additional tax notice may be used only with the express consent
 1211  of the property owner. If the electronic transmission is
 1212  returned as undeliverable, a second notice must be sent by
 1213  postal mail. However, the original electronic transmission is
 1214  the official notice for the purposes of this subsection. The
 1215  notice shall include a description of the property and a
 1216  statement that if the taxes are not paid:
 1217         (a) For real property, a tax certificate may be sold; and
 1218         (b) For tangible personal property, the property may be
 1219  sold the following statement: If the taxes for ...(year)... on
 1220  your property are not paid in full, a tax certificate will be
 1221  sold for the delinquent taxes, and your property may be sold at
 1222  a future date. Contact the tax collector’s office at once.
 1223         (2) A duplicate of the additional tax notice required by
 1224  subsection (1) shall be mailed to a condominium unit owner’s
 1225  condominium association or to a mobile home owner’s homeowners’
 1226  association as defined in s. 723.075 if the association has
 1227  filed with the tax collector a written request and included a
 1228  description of the land. The tax collector is authorized to
 1229  charge a reasonable fee for the cost of this service.
 1230         (2)(3) When the taxes under s. 193.481 on subsurface rights
 1231  have become delinquent and a tax certificate is to be sold under
 1232  this chapter, a notice of the delinquency shall be sent given by
 1233  first-class mail to the owner of the fee to which these
 1234  subsurface rights are attached. The additional notice may be
 1235  transmitted electronically only with the express consent of the
 1236  fee owner. If the electronic transmission is returned as
 1237  undeliverable, a second notice must be sent by postal mail.
 1238  However, the original electronic transmission is the official
 1239  notice for the purposes of this subsection. On the day of the
 1240  tax sale, the fee owner shall have the right to purchase the tax
 1241  certificate at the maximum rate of interest provided by law
 1242  before bids are accepted for the sale of such certificate.
 1243         (3)(4) The tax collector shall send mail such additional
 1244  notices as he or she considers proper and necessary or as may be
 1245  required by reasonable rules of the department. An additional
 1246  notice may be transmitted electronically only with the express
 1247  consent of the property owner. If the notice of taxes is sent
 1248  electronically and is returned as undeliverable, a second notice
 1249  shall be sent by postal mail. However, the original electronic
 1250  transmission is the official mailing for purpose of this
 1251  section.
 1252         Section 29. Subsections (1) and (2) of section 197.344,
 1253  Florida Statutes, are amended to read:
 1254         197.344 Lienholders; receipt of notices and delinquent
 1255  taxes.—
 1256         (1) When requested in writing, a tax notice shall be sent
 1257  mailed according to the following procedures:
 1258         (a) Upon request by any taxpayer who is aged 60 years old
 1259  or older over, the tax collector shall send mail the tax notice
 1260  to a third party designated by the taxpayer. A duplicate copy of
 1261  the notice shall be sent mailed to the taxpayer.
 1262         (b) Upon request by a mortgagee stating that the mortgagee
 1263  is the trustee of an escrow account for ad valorem taxes due on
 1264  the property, the tax notice shall be sent mailed to such
 1265  trustee. When the original tax notice is sent mailed to such
 1266  trustee, the tax collector shall send mail a duplicate notice to
 1267  the owner of the property with the additional statement that the
 1268  original has been sent to the trustee.
 1269         (c) Upon request by a vendee of an unrecorded or recorded
 1270  contract for deed, the tax collector shall send mail a duplicate
 1271  notice to such vendee.
 1272  
 1273  The tax collector may establish cutoff dates, periods for
 1274  updating the list, and any other reasonable requirements to
 1275  ensure that the tax notices are sent mailed to the proper party
 1276  on time. Notices shall be sent electronically or by postal mail.
 1277  However, electronic transmission may be used only with the
 1278  express consent of the person making the request. If the
 1279  electronic transmission is returned as undeliverable, a second
 1280  notice shall be sent by postal mail. However, the original
 1281  electronic transmission is the official notice for the purpose
 1282  of this subsection.
 1283         (2) On or before May 1 of each year, the holder or
 1284  mortgagee of an unsatisfied mortgage, lienholder, or vendee
 1285  under a contract for deed, upon filing with the tax collector a
 1286  description of property land so encumbered and paying a service
 1287  charge of $2, may request and receive information concerning any
 1288  delinquent taxes appearing on the current tax roll and
 1289  certificates issued on the described property land. Upon receipt
 1290  of such request, the tax collector shall furnish the following
 1291  information within 60 days following the tax certificate sale:
 1292         (a) The description of property on which certificates were
 1293  sold.
 1294         (b) The number of each certificate issued and to whom.
 1295         (c) The face amount of each certificate.
 1296         (d) The cost for redemption of each certificate.
 1297         Section 30. Section 197.3635, Florida Statutes, is amended
 1298  to read:
 1299         197.3635 Combined notice of ad valorem taxes and non-ad
 1300  valorem assessments; requirements.—A form for the combined
 1301  notice of ad valorem taxes and non-ad valorem assessments shall
 1302  be produced and paid for by the tax collector. The form shall
 1303  meet the requirements of this section and department rules and
 1304  shall be subject to approval by the department. By rule, the
 1305  department shall provide a format for the form of such combined
 1306  notice. The form shall meet the following requirements:
 1307         (1) It shall Contain the title “Notice of Ad Valorem Taxes
 1308  and Non-ad Valorem Assessments.” The form It shall also contain
 1309  a receipt part that can be returned along with the payment to
 1310  the tax collector.
 1311         (2) It shall provide a clear partition between ad valorem
 1312  taxes and non-ad valorem assessments. Such partition shall be a
 1313  bold horizontal line approximately 1/8 inch thick.
 1314         (2)(3)Within the ad valorem part, it shall Contain the
 1315  heading “Ad Valorem Taxes.within the ad valorem part and
 1316  Within the non-ad valorem assessment part, it shall contain the
 1317  heading “Non-ad Valorem Assessments.within the non-ad valorem
 1318  assessment part.
 1319         (3)(4)It shall Contain the county name, the assessment
 1320  year, the mailing address of the tax collector, the mailing
 1321  address of one property owner, the legal description of the
 1322  property to at least 25 characters, and the unique parcel or tax
 1323  identification number of the property.
 1324         (4)(5)It shall Provide for the labeled disclosure of the
 1325  total amount of combined levies and the total discounted amount
 1326  due each month when paid in advance.
 1327         (5)(6)It shall Provide a field or portion on the front of
 1328  the notice for official use for data to reflect codes useful to
 1329  the tax collector.
 1330         (6)(7)Provide for the combined notice to shall be set in
 1331  type that which is 8 points or larger.
 1332         (7)(8)The ad valorem part shall Contain within the ad
 1333  valorem part the following:
 1334         (a) A schedule of the assessed value, exempted value, and
 1335  taxable value of the property.
 1336         (b) Subheadings for columns listing taxing authorities,
 1337  corresponding millage rates expressed in dollars and cents per
 1338  $1,000 of taxable value, and the associated tax.
 1339         (c) A listing of taxing authorities listed in the same
 1340  sequence and manner as listed on the notice required by s.
 1341  200.069(4)(a), with the exception that independent special
 1342  districts, municipal service taxing districts, and voted debt
 1343  service millages for each taxing authority shall be listed
 1344  separately. If a county has too many municipal service taxing
 1345  units to list separately, it shall combine them to disclose the
 1346  total number of such units and the amount of taxes levied.
 1347         (8)(9)Contain within the non-ad valorem assessment part,
 1348  it shall contain the following:
 1349         (a) Subheadings for columns listing the levying
 1350  authorities, corresponding assessment rates expressed in dollars
 1351  and cents per unit of assessment, and the associated assessment
 1352  amount.
 1353         (b) The purpose of the assessment, if the purpose is not
 1354  clearly indicated by the name of the levying authority.
 1355         (c) A listing of the levying authorities in the same order
 1356  as in the ad valorem part to the extent practicable. If a county
 1357  has too many municipal service benefit units to list separately,
 1358  it shall combine them by function.
 1359         (9)(10) It shall Provide instructions and useful
 1360  information to the taxpayer. Such information and instructions
 1361  shall be nontechnical to minimize confusion. The information and
 1362  instructions required by this section shall be provided by
 1363  department rule and shall include:
 1364         (a) Procedures to be followed when the property has been
 1365  sold or conveyed.
 1366         (b) Instruction as to mailing the remittance and receipt
 1367  along with a brief disclosure of the availability of discounts.
 1368         (c) Notification about delinquency and interest for
 1369  delinquent payment.
 1370         (d) Notification that failure to pay the amounts due will
 1371  result in a tax certificate being issued against the property.
 1372         (e) A brief statement outlining the responsibility of the
 1373  tax collector, the property appraiser, and the taxing
 1374  authorities. This statement shall be accompanied by directions
 1375  as to which office to contact for particular questions or
 1376  problems.
 1377         Section 31. Subsections (2) and (4) of section 197.373,
 1378  Florida Statutes, are amended to read:
 1379         197.373 Payment of portion of taxes.—
 1380         (2) The request must be made at least 45 15 days before
 1381  prior to the tax certificate sale.
 1382         (4) This section does not apply to assessments and
 1383  collections relating to fee timeshare real property made
 1384  pursuant to the provisions of s. 192.037.
 1385         Section 32. Subsections (1) and (3) of section 197.402,
 1386  Florida Statutes, are amended to read:
 1387         197.402 Advertisement of real or personal property with
 1388  delinquent taxes.—
 1389         (1) If Whenever legal advertisements are required, the
 1390  board of county commissioners shall select the newspaper as
 1391  provided in chapter 50. The office of the tax collector shall
 1392  pay all newspaper charges, and the proportionate cost of the
 1393  advertisements shall be added to the delinquent taxes when they
 1394  are collected.
 1395         (3) Except as provided in s. 197.432(4), on or before June
 1396  1 or the 60th day after the date of delinquency, whichever is
 1397  later, the tax collector shall advertise once each week for 3
 1398  weeks and shall sell tax certificates on all real property
 1399  having with delinquent taxes. If the deadline falls on a
 1400  Saturday, Sunday, or legal holiday, it is extended to the next
 1401  working day. The tax collector shall make a list of such
 1402  properties in the same order in which the property was lands
 1403  were assessed, specifying the amount due on each parcel,
 1404  including interest at the rate of 18 percent per year from the
 1405  date of delinquency to the date of sale; the cost of
 1406  advertising; and the expense of sale. For sales that commence on
 1407  or before June 1, all certificates shall be issued effective as
 1408  of the date of the first day of the sale and the interest to be
 1409  paid to the certificateholder shall include the month of June.
 1410         Section 33. Section 197.403, Florida Statutes, is amended
 1411  to read:
 1412         197.403 Publisher to furnish copy of advertisement to tax
 1413  collector; Proof of publication; fees.—The newspaper publishing
 1414  the notice of a tax sale shall furnish transmit by mail a copy
 1415  of the paper containing each notice to the tax collector within
 1416  10 days after the last required publication. When the
 1417  publication of the tax sale notice is completed as provided by
 1418  law, the publisher shall make an affidavit, in the form
 1419  prescribed by the department, which shall be delivered to the
 1420  tax collector and annexed to the report of certificates sold for
 1421  taxes as provided by s. 197.432(9) s. 197.432(8).
 1422         Section 34. Subsections (5) and (10) of section 197.413,
 1423  Florida Statutes, are amended to read:
 1424         197.413 Delinquent personal property taxes; warrants; court
 1425  order for levy and seizure of personal property; seizure; fees
 1426  of tax collectors.—
 1427         (5) Upon the filing of the such petition, the clerk of the
 1428  court shall notify each delinquent taxpayer listed in the
 1429  petition that a petition has been filed and that, upon
 1430  ratification and confirmation of the petition, the tax collector
 1431  is will be authorized to issue warrants and levy upon, seize,
 1432  and sell so much of the personal property as to satisfy the
 1433  delinquent taxes, plus costs, interest, attorney’s fees, and
 1434  other charges. The Such notice shall be given by certified mail,
 1435  return receipt requested. If the clerk of court and the tax
 1436  collector agree, the tax collector may provide the notice.
 1437         (10) The tax collector is entitled to a fee of $10 $2 from
 1438  each delinquent taxpayer at the time delinquent taxes are
 1439  collected. The tax collector is entitled to receive an
 1440  additional $8 for each warrant issued.
 1441         Section 35. Section 197.414, Florida Statutes, is amended
 1442  to read:
 1443         197.414 Tax collector to keep Record of warrants and levies
 1444  on tangible personal property.—The tax collector shall keep a
 1445  record of all warrants and levies made under this chapter and
 1446  shall note on such record the date of payment, the amount of
 1447  money, if any, received, and the disposition thereof made by him
 1448  or her. Such record shall be known as “the tangible personal
 1449  property tax warrant register.and the form thereof shall be
 1450  prescribed by the Department of Revenue. The warrant register
 1451  may be maintained in paper or electronic form.
 1452         Section 36. Subsections (1) and (2) of section 197.4155,
 1453  Florida Statutes, are amended to read:
 1454         197.4155 Delinquent personal property taxes; installment
 1455  payment program.—
 1456         (1) A county tax collector may implement a an installment
 1457  payment program for the payment of delinquent personal property
 1458  taxes. If implemented, the program must be available, upon
 1459  application to the tax collector, to each delinquent personal
 1460  property taxpayer whose delinquent personal property taxes
 1461  exceed $1,000. The tax collector shall require each taxpayer who
 1462  requests to participate in the program to submit an application
 1463  on a form prescribed by the tax collector which, at a minimum,
 1464  must include the name, address, a description of the property
 1465  subject to personal property taxes, and the amount of the
 1466  personal property taxes owed by the taxpayer.
 1467         (2) Within 10 days after a taxpayer who owes delinquent
 1468  personal property taxes submits the required application, the
 1469  tax collector may shall prescribe a an installment payment plan
 1470  for the full payment of the taxpayer’s delinquent personal
 1471  property taxes, including any delinquency charges, interest, and
 1472  costs allowed by this chapter. The plan must be in writing and
 1473  must be delivered to the taxpayer after it is prescribed. When
 1474  At the time the plan is developed, the tax collector may
 1475  consider a taxpayer’s current and anticipated future ability to
 1476  pay over the time period of a potential installment payment
 1477  plan. The plan must provide that if the taxpayer does not follow
 1478  the payment terms or fails to timely file returns or pay current
 1479  obligations after the date of the payment plan, the taxpayer is
 1480  will be considered delinquent under the terms of the plan, and
 1481  any unpaid balance of tax, penalty, or interest scheduled in the
 1482  payment plan will be due and payable immediately. The plan must
 1483  also provide that unpaid tax amounts bear interest as provided
 1484  by law. In prescribing a such an installment payment plan, the
 1485  tax collector may exercise flexibility as to the dates, amounts,
 1486  and number of payments required to collect all delinquent
 1487  personal property taxes owed by the taxpayer, except that the
 1488  plan must provide for the full satisfaction of all amounts owed
 1489  by the taxpayer within by no later than 3 years after the due
 1490  date of the first payment under the plan.
 1491         Section 37. Section 197.416, Florida Statutes, is amended
 1492  to read:
 1493         197.416 Continuing duty of the tax collector to collect
 1494  delinquent tax warrants; limitation of actions.—It is shall be
 1495  the duty of the tax collector issuing a tax warrant for the
 1496  collection of delinquent tangible personal property taxes to
 1497  continue from time to time his or her efforts to collect such
 1498  taxes for a period of 7 years after from the date of the
 1499  ratification issuance of the warrant. After the expiration of 7
 1500  years, the warrant is will be barred by this statute of
 1501  limitation, and no action may be maintained in any court. A tax
 1502  collector or his or her successor is shall not be relieved of
 1503  accountability for collection of any taxes assessed on tangible
 1504  personal property until he or she has completely performed every
 1505  duty devolving upon the tax collector as required by law.
 1506         Section 38. Subsection (1) of section 197.417, Florida
 1507  Statutes, is amended to read:
 1508         197.417 Sale of personal property after seizure.—
 1509         (1) When personal property is levied upon for delinquent
 1510  taxes as provided for in s. 197.413, at least 7 15 days before
 1511  the sale the tax collector shall give public notice by
 1512  advertisement of the time and place of sale of the property to
 1513  be sold. The notice shall be posted in at least two three public
 1514  places in the county, one of which shall be at the courthouse,
 1515  and the property shall be sold at public auction at the location
 1516  noted in the advertisement. Notice posted on the Internet
 1517  qualifies as one location. The property sold shall be present if
 1518  practical. If the sale is conducted electronically, a
 1519  description of the property and a photograph, when practical,
 1520  shall be available. At any time before the sale the owner or
 1521  claimant of the property may release the property by the payment
 1522  of the taxes, plus delinquent charges, interest, and costs, for
 1523  which the property was liable to be sold. In all cases,
 1524  immediate payment for the property shall be required. In case
 1525  such a sale is made, the tax collector shall be entitled to the
 1526  same fees and charges as are allowed sheriffs upon execution
 1527  sales.
 1528         Section 39. Section 197.432, Florida Statutes, is amended
 1529  to read:
 1530         197.432 Sale of tax certificates for unpaid taxes.—
 1531         (1) On the day and approximately at the time designated in
 1532  the notice of the sale, the tax collector shall commence the
 1533  sale of tax certificates on the real property those lands on
 1534  which taxes have not been paid. The tax collector, and he or she
 1535  shall continue the sale from day to day until each certificate
 1536  is sold to pay the taxes, interest, costs, and charges on the
 1537  parcel described in the certificate. In case there are no
 1538  bidders, the certificate shall be issued to the county. The tax
 1539  collector shall offer all certificates on the property lands as
 1540  they are listed on the tax roll assessed. The tax collector may
 1541  conduct the sale of tax certificates for unpaid taxes pursuant
 1542  to this section by electronic means, which may allow for proxy
 1543  bidding. Such electronic means must comply with the procedures
 1544  provided in this chapter. A tax collector who chooses to conduct
 1545  such electronic sales may receive electronic deposits and
 1546  payments related to the tax certificate sale.
 1547         (2) A lien created through the sale of a tax certificate
 1548  may not be enforced in any manner except as prescribed in this
 1549  chapter.
 1550         (3) If the Delinquent real property taxes on a real
 1551  property and all interest, costs, and charges are paid before a
 1552  tax certificate is awarded to a buyer or struck to the county
 1553  the tax collector may not issue the tax certificate of all
 1554  governmental units due on a parcel of land in any one year shall
 1555  be combined into one certificate. After a tax certificate is
 1556  awarded to a buyer or struck to the county, the delinquent
 1557  taxes, interest, costs, and charges are paid by the redemption
 1558  of the tax certificate.
 1559         (4) A tax certificate representing less than $250 $100 in
 1560  delinquent taxes on property that has been granted a homestead
 1561  exemption for the year in which the delinquent taxes were
 1562  assessed may not be sold at public auction or by electronic sale
 1563  as provided in subsection (1) (16) but must shall be issued by
 1564  the tax collector to the county at the maximum rate of interest
 1565  allowed by this chapter. The provisions of s. 197.4725 or s.
 1566  197.502(3) may shall not be invoked if as long as the homestead
 1567  exemption is granted to the person who received the homestead
 1568  exemption for the year in which the tax certificate was issued.
 1569  However, if when all such tax certificates and accrued interest
 1570  thereon represent an amount of $250 $100 or more, the provisions
 1571  of s. 197.502(3) shall be invoked.
 1572         (5)A tax certificate that has not been sold on property
 1573  for which a tax deed application is pending shall be struck to
 1574  the county.
 1575         (6)(5) Each certificate shall be awarded struck off to the
 1576  person who will pay the taxes, interest, costs, and charges and
 1577  will demand the lowest rate of interest, not in excess of the
 1578  maximum rate of interest allowed by this chapter. The tax
 1579  collector shall accept bids in even increments and in fractional
 1580  interest rate bids of one-quarter of 1 percent only. Proxy
 1581  bidding is valid if authorized or accepted by the potential
 1582  buyer of the certificate. If multiple bidders offer the same
 1583  lowest rate of interest, the tax collector shall determine the
 1584  method of selecting the bidder to whom the certificate will be
 1585  awarded. Acceptable methods include the bid received first or
 1586  use of a random number generator. If a certificate is not
 1587  purchased there is no buyer, the certificate shall be struck
 1588  issued to the county at the maximum rate of interest allowed by
 1589  this chapter.
 1590         (7)(6) The tax collector may shall require immediate
 1591  payment of a reasonable deposit from any person who wishes to
 1592  bid for a tax certificate. A person who fails or refuses to pay
 1593  any bid made by, or on behalf of, such person him or her is not
 1594  entitled to bid or have any other bid accepted or enforced
 1595  except as authorized by the tax collector until a new deposit of
 1596  100 percent of the amount of estimated purchases has been paid
 1597  to the tax collector. When tax certificates are ready for
 1598  issuance, The tax collector shall provide written or electronic
 1599  notice when certificates are notify each person to whom a
 1600  certificate was struck off that the certificate is ready for
 1601  issuance. and Payment must be made within 48 hours after from
 1602  the transmission of the electronic notice by the tax collector
 1603  or receipt of the written notice by the certificate buyer
 1604  mailing of such notice or, at the tax collector’s discretion,
 1605  all or any portion of the deposit placed by the bidder may be
 1606  the deposit shall be forfeited and the bid canceled. In any
 1607  event, Payment must shall be made before the issuance delivery
 1608  of the certificate by the tax collector. If the tax collector
 1609  determines that payment has been requested in error, the tax
 1610  collector shall issue a refund within 15 business days after
 1611  such payment. Any refund issued after 15 business days shall be
 1612  issued with interest at the rate of 5 percent per annum.
 1613         (8)(7)The form of the certificate shall be as prescribed
 1614  by the department. Upon the cancellation of a any bid:, the tax
 1615  collector shall resell that certificate the following day or as
 1616  soon thereafter as possible, provided the certificate is sold
 1617  within 10 days after cancellation of such bid.
 1618         (a) If the sale has not been adjourned, the tax collector
 1619  shall reoffer the certificate for sale.
 1620         (b) If the sale has been adjourned, the tax collector shall
 1621  reoffer the certificate at a subsequent sale. Before the
 1622  subsequent sale, the parcels must be readvertised pursuant to s.
 1623  197.402(3).
 1624         (9)(8) The tax collector shall maintain records make a list
 1625  of all the certificates sold for taxes, showing the date of the
 1626  sale, the number of each certificate, the name of the owner as
 1627  returned, a description of the property land within the
 1628  certificate, the name of the purchaser, the interest rate bid,
 1629  and the amount for which sale was made. Such records may be
 1630  maintained electronically and shall This list shall be cited
 1631  known as the “list of tax certificates sold.” The tax collector
 1632  shall append to the list a certificate setting forth the fact
 1633  that the sale was made in accordance with this chapter.
 1634         (10)(9) A certificate may not be sold on, and a nor is any
 1635  lien is not created in, property owned by any governmental unit
 1636  the property of which has become subject to taxation due to
 1637  lease of the property to a nongovernmental lessee. The
 1638  delinquent taxes shall be enforced and collected in the manner
 1639  provided in s. 196.199(8). However, the ad valorem real property
 1640  taxes levied on a leasehold that is taxed as real property under
 1641  s. 196.199(2)(b), and for which no rental payments are due under
 1642  the agreement that created the leasehold or for which payments
 1643  required under the original leasehold agreement have been waived
 1644  or prohibited by law before January 1, 1993, must be paid by the
 1645  lessee. If the taxes are unpaid, the delinquent taxes become a
 1646  lien on the leasehold and may be collected and enforced under
 1647  this chapter.
 1648         (11)(10) Any tax certificates that issued pursuant to this
 1649  section after January 1, 1977, which are void due to an error of
 1650  the property appraiser, the tax collector, or the taxing or
 1651  levying authority any other county official, or any municipal
 1652  official and which are subsequently canceled, or which are
 1653  corrected or amended, pursuant to this chapter or chapter 196,
 1654  shall earn interest at the rate of 8 percent per year, simple
 1655  interest, or the rate of interest bid at the tax certificate
 1656  sale, whichever is less, calculated monthly from the date the
 1657  certificate was purchased until the date the tax collector
 1658  issues the refund is ordered. Refunds made on tax certificates
 1659  that are corrected or void shall be processed in accordance with
 1660  the procedure set forth in s. 197.182, except that the 4-year
 1661  time period provided for in s. 197.182(1)(e) s. 197.182(1)(c)
 1662  does not apply to or bar refunds resulting from correction or
 1663  cancellation of certificates and release of tax deeds as
 1664  authorized herein.
 1665         (12)(11)When tax certificates are advertised for sale, The
 1666  tax collector is shall be entitled to a commission of 5 percent
 1667  on the amount of the delinquent taxes and interest when a tax
 1668  certificate is sold actual sale is made. The commission must be
 1669  included on the face value of the certificate. However, the tax
 1670  collector is shall not be entitled to a any commission for a
 1671  certificate that is struck the sale of certificates made to the
 1672  county until the certificate is redeemed or purchased commission
 1673  is paid upon the redemption or sale of the tax certificates. If
 1674  When a tax deed is issued to the county, the tax collector may
 1675  shall not receive his or her commission for the certificates
 1676  until after the property is sold and conveyed by the county.
 1677         (12) All tax certificates issued to the county shall be
 1678  held by the tax collector of the county where the lands covered
 1679  by the certificates are located.
 1680         (13) Delinquent taxes on real property may be paid after
 1681  the date of delinquency but prior to the sale of a tax
 1682  certificate by paying all costs, advertising charges, and
 1683  interest.
 1684         (13)(14) The holder of a tax certificate may not directly,
 1685  through an agent, or otherwise initiate contact with the owner
 1686  of property upon which he or she holds a tax certificate to
 1687  encourage or demand payment until 2 years after have elapsed
 1688  since April 1 of the year of issuance of the tax certificate.
 1689         (14)(15) Any holder of a tax certificate who, prior to the
 1690  date 2 years after April 1 of the year of issuance of the tax
 1691  certificate, initiates, or whose agent initiates, contact with
 1692  the property owner upon which he or she holds a certificate
 1693  encouraging or demanding payment may be barred by the tax
 1694  collector from bidding at a tax certificate sale. Unfair or
 1695  deceptive contact by the holder of a tax certificate to a
 1696  property owner to obtain payment is an unfair and deceptive
 1697  trade practice, as referenced in s. 501.204(1), regardless of
 1698  whether the tax certificate is redeemed. Such unfair or
 1699  deceptive contact is actionable under ss. 501.2075-501.211. If
 1700  the property owner later redeems the certificate in reliance on
 1701  the deceptive or unfair practice, the unfair or deceptive
 1702  contact is actionable under applicable laws prohibiting fraud.
 1703         (16) The county tax collector may conduct the sale of tax
 1704  certificates for unpaid taxes pursuant to this section by
 1705  electronic means. Such electronic sales shall comply with the
 1706  procedures provided in this chapter. The tax collector shall
 1707  provide access to such electronic sale by computer terminals
 1708  open to the public at a designated location. A tax collector who
 1709  chooses to conduct such electronic sales may receive electronic
 1710  deposits and payments related to the tax certificate sale.
 1711         Section 40. Section 197.4325, Florida Statutes, is amended
 1712  to read:
 1713         197.4325 Procedure when checks received for payment of
 1714  taxes or tax certificates is are dishonored.—
 1715         (1)(a) Within 10 days after a payment for taxes check
 1716  received by the tax collector for payment of taxes is
 1717  dishonored, the tax collector shall notify the payor maker of
 1718  the check that the payment check has been dishonored. If the
 1719  official receipt is canceled for nonpayment, the tax collector
 1720  shall cancel the official receipt issued for the dishonored
 1721  check and shall make an entry on the tax roll that the receipt
 1722  was canceled because of a dishonored payment check. Where
 1723  practicable, The tax collector may shall make a reasonable
 1724  effort to collect the moneys due before canceling the receipt.
 1725         (b) The tax collector shall retain a copy of the canceled
 1726  tax receipt and the dishonored check for the period of time
 1727  required by law.
 1728         (2)(a)If When a payment check received by the tax
 1729  collector for the purchase of a tax certificate is dishonored
 1730  and: the certificate has not been delivered to the bidder, the
 1731  tax collector shall retain the deposit and resell the tax
 1732  certificate. If the certificate has been delivered to the
 1733  bidder, the tax collector shall notify the department, and, upon
 1734  approval by the department, the certificate shall be canceled
 1735  and resold.
 1736         (b) When a bidder’s deposit is forfeited, the tax collector
 1737  shall retain the deposit and resell the tax certificate.
 1738         (a)1.If The tax certificate sale has been adjourned, the
 1739  tax collector shall readvertise the tax certificate to be
 1740  resold. If When the bidder’s deposit is forfeited and the
 1741  certificate is readvertised, the deposit shall be used to pay
 1742  the advertising fees before other costs or charges are imposed.
 1743  Any portion of the bidder’s forfeit deposit that remains after
 1744  advertising and other costs or charges have been paid shall be
 1745  deposited by the tax collector into his or her official office
 1746  account. If the tax collector fails to require a deposit and tax
 1747  certificates are resold, the advertising charges required for
 1748  the second sale may shall not be added to the face value of the
 1749  tax certificate.
 1750         (b)2.If The tax certificate sale has not been adjourned,
 1751  the tax collector shall cancel the previous bid pursuant to s.
 1752  197.432(8)(a) and reoffer the certificate for sale add the
 1753  certificates to be resold to the sale list and continue the sale
 1754  until all tax certificates are sold.
 1755         Section 41. Subsection (2) of section 197.442, Florida
 1756  Statutes, is amended to read:
 1757         197.442 Tax collector not to sell certificates on land on
 1758  which taxes have been paid; penalty.—
 1759         (2) The office of the tax collector shall be responsible to
 1760  the publisher for costs of advertising property lands on which
 1761  the taxes have been paid, and the office of the property
 1762  appraiser shall be responsible to the publisher for the costs of
 1763  advertising property lands doubly assessed or assessed in error.
 1764         Section 42. Section 197.443, Florida Statutes, is amended
 1765  to read:
 1766         197.443 Cancellation of void tax certificates; correction
 1767  of tax certificates; procedure.—
 1768         (1) The tax collector shall forward a certificate of error
 1769  to the department and enter a memorandum of error upon the list
 1770  of certificates sold for taxes if When a tax certificate on
 1771  lands has been sold for unpaid taxes and:
 1772         (a) The tax certificate evidencing the sale is void because
 1773  the taxes on the property lands have been paid;
 1774         (b) The property was lands were not subject to taxation at
 1775  the time of the assessment on which they were sold;
 1776         (c) The description of the property in the tax certificate
 1777  is void or has been corrected or amended;
 1778         (d) An error of commission or omission has occurred which
 1779  invalidates the sale;
 1780         (e) The circuit court has voided the tax certificate by a
 1781  suit to cancel the tax certificate by the holder;
 1782         (f) The tax certificate is void for any other reason; or
 1783         (g) An error in assessed value has occurred for which the
 1784  tax certificate may be corrected.,
 1785  
 1786  the tax collector shall forward a certificate of such error to
 1787  the department and enter upon the list of certificates sold for
 1788  taxes a memorandum of such error.
 1789         (2) The department, upon receipt of the such certificate of
 1790  error, if satisfied of the correctness of the certificate of
 1791  error or upon receipt of a court order, shall notify the tax
 1792  collector, who shall cancel or correct the certificate. A tax
 1793  certificate correction or cancellation that has been ordered by
 1794  a court or requested by the tax certificateholder and that does
 1795  not result from a change made in the assessed value on a tax
 1796  roll certified to the tax collector shall be made by the tax
 1797  collector without order from the department.
 1798         (3)(2) The holder of a tax certificate who pays, redeems,
 1799  or causes to be corrected or to be canceled and surrendered by
 1800  any other tax certificates, or who pays any subsequent and
 1801  omitted taxes or costs, in connection with the foreclosure of a
 1802  tax certificate or tax deed that is, and when such other
 1803  certificates or such subsequent and omitted taxes are void or
 1804  corrected for any reason, the person paying, redeeming, or
 1805  causing to be corrected or to be canceled and surrendered the
 1806  other tax certificates or paying the other subsequent and
 1807  omitted taxes is entitled to a refund obtain the return of the
 1808  amount paid together with interest calculated monthly from the
 1809  date of payment through the day of issuance of the refund at the
 1810  rate specified in s. 197.432(11) therefor.
 1811         (a) The county officer or taxing or levying authority that,
 1812  as the case may be, which causes an error that results in the
 1813  voiding issuance of a void tax certificate shall be charged for
 1814  the costs of advertising incurred in the sale of a new the tax
 1815  certificate.
 1816         (b) If When the owner of a tax certificate requests that
 1817  the certificate be canceled for any reason, or that the amount
 1818  of the certificate be amended as a result of payments received
 1819  due to an intervening bankruptcy or receivership, but does not
 1820  seek a refund, the tax collector shall cancel or amend the tax
 1821  certificate and a refund shall not be processed. The tax
 1822  collector shall require the owner of the tax certificate to
 1823  execute a written statement that he or she is the holder of the
 1824  tax certificate, that he or she wishes the certificate to be
 1825  canceled or amended, and that a refund is not expected and is
 1826  not to be made.
 1827         (4)(3)If When the tax certificate or a tax deed based upon
 1828  the certificate is held by an individual, the collector shall at
 1829  once notify the original purchaser of the certificate or tax
 1830  deed or the subsequent holder thereof, if known, that upon the
 1831  voluntary surrender of the certificate or deed of release of any
 1832  his or her rights under the tax deed, a refund will be made of
 1833  the amount received by the governmental units for the
 1834  certificate or deed, plus $1 for the deed of release.
 1835         (5)(4) The refund shall be made in accordance with the
 1836  procedure set forth in s. 197.182, except that the 4-year time
 1837  period provided for in s. 197.182(1)(e) s. 197.182(1)(c) does
 1838  not apply to or bar refunds resulting from correction or
 1839  cancellation of certificates and release of tax deeds as
 1840  authorized in this section herein.
 1841         Section 43. Section 197.462, Florida Statutes, is amended
 1842  to read:
 1843         197.462 Transfer of tax certificates held by individuals.—
 1844         (1) All tax certificates issued to an individual may be
 1845  transferred by endorsement at any time before they are redeemed
 1846  or a tax deed is executed thereunder.
 1847         (2) The official endorsement of a tax certificate by the
 1848  tax collector with the date and the amount received and its
 1849  entry on the record of tax certificates sold shall be sufficient
 1850  evidence of the assignment of it.
 1851         (2)(3) The tax collector shall record the transfer on the
 1852  record of tax certificates sold.
 1853         (3)(4) The tax collector shall receive $2.25 as a service
 1854  charge for each transfer endorsement.
 1855         Section 44. Section 197.472, Florida Statutes, is amended
 1856  to read:
 1857         197.472 Redemption of tax certificates.—
 1858         (1) Any person may redeem a tax certificate or purchase a
 1859  county-held certificate at any time after the certificate is
 1860  issued and before a tax deed is issued or the property is placed
 1861  on the list of lands available for sale. The person redeeming or
 1862  purchasing a tax certificate shall pay to the tax collector in
 1863  the county where the land is situated the face amount plus all
 1864  interest, costs, and charges. of the certificate or the part
 1865  thereof that the part or interest purchased or redeemed bears to
 1866  the whole. Upon purchase or redemption being made, the person
 1867  shall pay all taxes, interest, costs, charges, and omitted
 1868  taxes, if any, as provided by law upon the part or parts of the
 1869  certificate so purchased or redeemed.
 1870         (2) When a tax certificate is redeemed and the interest
 1871  earned on the tax certificate is less than 5 percent of the face
 1872  amount of the certificate, a mandatory minimum interest charge
 1873  of an absolute 5 percent shall be levied upon the face value of
 1874  the tax certificate. The person redeeming the tax certificate
 1875  shall pay the interest rate due on the certificate or the 5
 1876  percent 5-percent mandatory minimum interest charge, whichever
 1877  is greater. This subsection applies to all county-held tax
 1878  certificates and all individual tax certificates except those
 1879  with an interest rate bid of zero percent.
 1880         (3)After an application for a tax deed is filed but before
 1881  a tax deed is issued, a person who wishes to redeem the tax
 1882  certificates issued against a property must pay all principle,
 1883  fees, and interest that would constitute the minimum bid under
 1884  s. 197.542 were the tax deed sale held the date of redemption.
 1885         (4)(3) The tax collector shall receive a fee of $6.25 for
 1886  each tax certificate purchased or redeemed.
 1887         (5)(4)When only A portion of a certificate may be is being
 1888  redeemed only if or purchased and such portion can be
 1889  ascertained by legal description and the portion to be redeemed
 1890  is evidenced by a contract for sale or recorded deed., The tax
 1891  collector shall make a written request for apportionment to the
 1892  property appraiser and. within 15 days after such request, the
 1893  property appraiser shall furnish the tax collector a certificate
 1894  apportioning the value to that portion sought to be redeemed and
 1895  to the remaining land covered by the certificate.
 1896         (5) When a tax certificate is purchased or redeemed, the
 1897  tax collector shall give to the person a receipt and certificate
 1898  showing the amount paid for the purchase or redemption, a
 1899  description of the land, and the date, number, and amount of the
 1900  certificate, certificates, or part of certificate which is
 1901  purchased or redeemed, which shall be in the form prescribed by
 1902  the department. If a tax certificate is redeemed in full, the
 1903  certificate shall be surrendered to the tax collector by the
 1904  original purchaser and canceled by the tax collector. If only a
 1905  part is purchased or redeemed, the portion and description of
 1906  land, with date of purchase or redemption, shall be endorsed on
 1907  the certificate by the tax collector. The certificate shall be
 1908  retained by the owner, or the tax collector if the certificate
 1909  is a county-held certificate, subject to the endorsement. The
 1910  purchase or redemption shall be entered by the tax collector on
 1911  the record of tax certificates sold.
 1912         (6) After When a tax certificate is has been purchased or
 1913  redeemed, the tax collector shall pay to the owner of the tax
 1914  certificate the amount received by the tax collector less the
 1915  redemption fee within 15 business days after the date of receipt
 1916  of the redemption. If the payment to the tax certificate owner
 1917  is not issued within 15 business days, the tax collector shall
 1918  pay interest at the rate of 5 percent per annum to the
 1919  certificate owner service charges. Along with the payment, the
 1920  tax collector shall identify the certificates redeemed and the
 1921  amount paid for each certificate. However, if the tax collector
 1922  pays the certificateholder electronically, the certificates
 1923  redeemed and the amounts paid for each certificate shall be
 1924  provided electronically by facsimile or electronic mail within
 1925  24 hours after payment.
 1926         (7) Nothing in this section shall be deemed to deny any
 1927  person the right to purchase or redeem any outstanding tax
 1928  certificate in accordance with the law in force when it was
 1929  issued. However, the provisions of s. 197.573 relating to
 1930  survival of restrictions and covenants after the issuance of a
 1931  tax deed are not repealed by this chapter and apply regardless
 1932  of the manner in which the tax deed was issued.
 1933         (8) The provisions of subsection (5) (4) do not apply to
 1934  collections relating to fee timeshare real property made
 1935  pursuant to the provisions of s. 192.037.
 1936         Section 45. Section 197.4725, Florida Statutes, is created
 1937  to read:
 1938         197.4725 Purchase of county-held tax certificates.—
 1939         (1) Any person may purchase a county-held tax certificate
 1940  at any time after the tax certificate is issued and before a tax
 1941  deed application is made. The person purchasing a county-held
 1942  tax certificate shall pay to the tax collector the face amount
 1943  plus all interest, costs, and charges or, subject to s.
 1944  197.472(4), the part described in the tax certificate.
 1945         (2) If a county-held tax certificate is purchased, the
 1946  interest earned shall be calculated at 1.5 percent per month, or
 1947  a fraction thereof, to the date of purchase.
 1948         (3) The tax collector shall receive a fee of $6.25 for each
 1949  county-held tax certificate purchased.
 1950         (4) This section does not apply to collections relating to
 1951  fee timeshare real property made pursuant to s. 192.037.
 1952         (5) The tax collector may use electronic means to make
 1953  known county-held tax certificates that are available for
 1954  purchase and to complete the purchase. The tax collector may
 1955  charge a reasonable fee for costs incurred in providing such
 1956  electronic services.
 1957         (6)The purchaser of a county-held tax certificate shall be
 1958  issued a new tax certificate with a face value that includes all
 1959  sums paid to acquire the certificate from the county, including
 1960  accrued interest and charges paid under to this section. The
 1961  date the county-held certificate was issued shall be the date
 1962  used to determine the date on which an application for tax deed
 1963  may be made. The date that the new certificate is purchased is
 1964  the date that must be used to calculate the interest or minimum
 1965  charge due if the certificate is redeemed.
 1966         Section 46. Section 197.473, Florida Statutes, is amended
 1967  to read:
 1968         197.473 Disposition of unclaimed redemption moneys.—
 1969         (1)After Money paid to the tax collector for the
 1970  redemption of a tax certificate or a tax deed application that
 1971  certificates has been held for 90 days, which money is payable
 1972  to the holder of a redeemed tax certificate but for which no
 1973  claim has been made, or which fails to be presented for payment,
 1974  is considered unclaimed as defined in s. 717.113 and shall be
 1975  remitted to the state pursuant to s. 717.117, on the first day
 1976  of the following quarter the tax collector shall remit such
 1977  unclaimed moneys to the board of county commissioners, less the
 1978  sum of $5 on each $100 or fraction thereof which shall be
 1979  retained by the tax collector as service charges.
 1980         (2) Two years after the date the unclaimed redemption
 1981  moneys were remitted to the board of county commissioners, all
 1982  claims to such moneys are forever barred, and such moneys become
 1983  the property of the county.
 1984         Section 47. Section 197.482, Florida Statutes, is amended
 1985  to read:
 1986         197.482 Expiration Limitation upon lien of tax
 1987  certificate.—
 1988         (1)Seven After the expiration of 7 years after from the
 1989  date of issuance of a tax certificate, which is the date of the
 1990  first day of the tax certificate sale as advertised under s.
 1991  197.432, of a tax certificate, if a tax deed has not been
 1992  applied for on the property covered by the certificate, and no
 1993  other administrative or legal proceeding, including a
 1994  bankruptcy, has existed of record, the tax certificate is null
 1995  and void, and the tax collector shall be canceled. The tax
 1996  collector shall note cancel the tax certificate, noting the date
 1997  of the cancellation of the tax certificate upon all appropriate
 1998  records in his or her office. The tax collector shall complete
 1999  the cancellation by entering opposite the record of the 7-year
 2000  old tax certificate a notation in substantially the following
 2001  form: “Canceled by Act of 1973 Florida Legislature.” All
 2002  certificates outstanding July 1, 1973, shall have a life of 20
 2003  years from the date of issue. This subsection does not apply to
 2004  deferred payment tax certificates.
 2005         (2) The provisions and limitations herein prescribed for
 2006  tax certificates do not apply to tax certificates which were
 2007  sold under the provisions of chapter 18296, Laws of Florida,
 2008  1937, commonly known as the “Murphy Act.”
 2009         Section 48. Section 197.492, Florida Statutes, is amended
 2010  to read:
 2011         197.492 Errors and insolvencies report list.—On or before
 2012  the 60th day after the tax certificate sale is adjourned, the
 2013  tax collector shall certify make out a report to the board of
 2014  county commissioners a report separately showing the discounts,
 2015  errors, double assessments, and insolvencies relating to tax
 2016  collections for which credit is to be given, including in every
 2017  case except discounts, the names of the parties on whose account
 2018  the credit is to be allowed. The report may be submitted in an
 2019  electronic format. The board of county commissioners, upon
 2020  receiving the report, shall examine it; make such investigations
 2021  as may be necessary; and, if the board discovers that the tax
 2022  collector has taken credit as an insolvent item any personal
 2023  property tax due by a solvent taxpayer, charge the amount of
 2024  taxes represented by such item to the tax collector and not
 2025  approve the report until the tax collector strikes such item
 2026  from the record.
 2027         Section 49. Section 197.502, Florida Statutes, is amended
 2028  to read:
 2029         197.502 Application for obtaining tax deed by holder of tax
 2030  sale certificate; fees.—
 2031         (1) The holder of a any tax certificate, other than the
 2032  county, at any time after 2 years have elapsed since April 1 of
 2033  the year of issuance of the tax certificate and before the
 2034  cancellation expiration of the certificate 7 years from the date
 2035  of issuance, may file the certificate and an application for a
 2036  tax deed with the tax collector of the county where the property
 2037  lands described in the certificate is are located. The
 2038  application may be made on the entire parcel of property or any
 2039  part thereof which is capable of being readily separated from
 2040  the whole. The tax collector may charge shall be allowed a tax
 2041  deed application fee of $75, plus reimbursement for any fee
 2042  charged to the tax collector by a vendor for providing an
 2043  electronic tax deed application program or service.
 2044         (2) A certificateholder, other than the county, may notify
 2045  the tax collector at any time of the certificateholder’s intent
 2046  to make application for tax deed. However, if the tax deed
 2047  application will be filed within the month of the earliest date
 2048  allowed pursuant to subsection (1), the certificateholder must
 2049  provide the tax collector with a notice of intent to make
 2050  application no later than 30 days before the date of
 2051  application. The tax collector shall notify the
 2052  certificateholder of the total amount due or the estimated
 2053  amount due, which must include the amount due for redemption or
 2054  purchase of all other outstanding tax certificates, plus
 2055  interest; any omitted taxes, plus interest; any delinquent
 2056  taxes, plus interest; any costs of an electronic tax deed sale;
 2057  and current taxes, if due, which cover the land. The tax
 2058  collector shall provide this notice at the earliest possible
 2059  date but no later than 30 days following the tax collector’s
 2060  receipt of the certficateholder’s notice of intent to make
 2061  application. The certificateholder shall pay the total amount
 2062  due or the estimated amount due at the time of application. If
 2063  the tax collector estimates the costs to redeem the outstanding
 2064  certificates, the tax collector must provide a final statement
 2065  of the costs within 60 days after receipt of the application.
 2066  The applicant shall pay any additional amounts due within 10
 2067  days after receipt of a final statement. The tax collector shall
 2068  refund any overpayments with interest at the rate of 5 percent
 2069  per annum compounded annually within 10 days after providing the
 2070  final statement. Any certificateholder, other than the county,
 2071  who makes application for a tax deed shall pay the tax collector
 2072  at the time of application all amounts required for redemption
 2073  or purchase of all other outstanding tax certificates, plus
 2074  interest, any omitted taxes, plus interest, any delinquent
 2075  taxes, plus interest, and current taxes, if due, covering the
 2076  land.
 2077         (3) The county in which where the property lands described
 2078  in the certificate is are located shall apply make application
 2079  for a tax deed on all county-held certificates on property
 2080  valued at $5,000 or more on the property appraiser’s most recent
 2081  assessment roll, except deferred payment tax certificates, and
 2082  may apply for tax deeds make application on those certificates
 2083  on property valued at less than $5,000 on the property
 2084  appraiser’s most recent assessment roll. The Such application
 2085  shall be made 2 years after April 1 of the year of issuance of
 2086  the certificates or as soon thereafter as is reasonable. Upon
 2087  application for a tax deed, the county shall deposit with the
 2088  tax collector all applicable costs and fees, but may shall not
 2089  deposit any money to cover the redemption of other outstanding
 2090  certificates covering the property land. The tax collector may
 2091  charge a tax deed application fee of $75, plus reimbursement for
 2092  any fee charged to the tax collector by a vendor for providing
 2093  an electronic tax deed application program or service.
 2094         (4) The tax collector shall deliver to the clerk of the
 2095  circuit court a statement that payment has been made for all
 2096  outstanding certificates or, if the certificate is held by the
 2097  county, that all appropriate fees have been deposited, and
 2098  stating that the following persons are to be notified prior to
 2099  the sale of the property:
 2100         (a) Any legal titleholder of record if the address of the
 2101  owner appears on the record of conveyance of the property lands
 2102  to the owner. However, if the legal titleholder of record is the
 2103  same as the person to whom the property was assessed on the tax
 2104  roll for the year in which the property was last assessed, then
 2105  the notice may only be mailed to the address of the legal
 2106  titleholder as it appears on the latest assessment roll.
 2107         (b) Any lienholder of record who has recorded a lien
 2108  against the property described in the tax certificate if an
 2109  address appears on the recorded lien.
 2110         (c) Any mortgagee of record if an address appears on the
 2111  recorded mortgage.
 2112         (d) Any vendee of a recorded contract for deed if an
 2113  address appears on the recorded contract or, if the contract is
 2114  not recorded, any vendee who has applied to receive notice
 2115  pursuant to s. 197.344(1)(c).
 2116         (e) Any other lienholder who has applied to the tax
 2117  collector to receive notice if an address is supplied to the
 2118  collector by such lienholder.
 2119         (f) Any person to whom the property was assessed on the tax
 2120  roll for the year in which the property was last assessed.
 2121         (g) Any lienholder of record who has recorded a lien
 2122  against a mobile home located on the property described in the
 2123  tax certificate if an address appears on the recorded lien and
 2124  if the lien is recorded with the clerk of the circuit court in
 2125  the county where the mobile home is located.
 2126         (h) Any legal titleholder of record of property that is
 2127  contiguous to the property described in the tax certificate, if
 2128  when the property described is either submerged land or common
 2129  elements of a subdivision, if the address of the titleholder of
 2130  contiguous property appears on the record of conveyance of the
 2131  property land to the that legal titleholder. However, if the
 2132  legal titleholder of property contiguous to the property
 2133  described in the tax certificate is the same as the person to
 2134  whom the property described in the tax certificate was assessed
 2135  on the tax roll for the year in which the property was last
 2136  assessed, the notice may be mailed only to the address of the
 2137  legal titleholder as it appears on the latest assessment roll.
 2138  As used in this chapter, the term “contiguous” means touching,
 2139  meeting, or joining at the surface or border, other than at a
 2140  corner or a single point, and not separated by submerged lands.
 2141  Submerged lands lying below the ordinary high-water mark which
 2142  are sovereignty lands are not part of the upland contiguous
 2143  property for purposes of notification.
 2144  
 2145  The statement must be signed by the tax collector or the tax
 2146  collector’s designee, with the tax collector’s seal affixed. The
 2147  tax collector may purchase a reasonable bond for errors and
 2148  omissions of his or her office in making such statement. The
 2149  search of the official records must be made by a direct and
 2150  inverse search. “Direct” means the index in straight and
 2151  continuous alphabetic order by grantor, and “inverse” means the
 2152  index in straight and continuous alphabetic order by grantee.
 2153         (5)(a) The tax collector may contract with a title company
 2154  or an abstract company at a reasonable fee to provide the
 2155  minimum information required in subsection (4), consistent with
 2156  rules adopted by the department. If additional information is
 2157  required, the tax collector must make a written request to the
 2158  title or abstract company stating the additional requirements.
 2159  The tax collector may select any title or abstract company,
 2160  regardless of its location, as long as the fee is reasonable,
 2161  the minimum information is submitted, and the title or abstract
 2162  company is authorized to do business in this state. The tax
 2163  collector may advertise and accept bids for the title or
 2164  abstract company if he or she considers it appropriate to do so.
 2165         1. The ownership and encumbrance report must include the be
 2166  printed or typed on stationery or other paper showing a
 2167  letterhead of the person, firm, or company that makes the
 2168  search, and the signature of the individual person who makes the
 2169  search or of an officer of the firm must be attached. The tax
 2170  collector is not liable for payment to the firm unless these
 2171  requirements are met. The report may be submitted to the tax
 2172  collector in an electronic format.
 2173         2. The tax collector may not accept or pay for any title
 2174  search or abstract if no financial responsibility is not assumed
 2175  for the search. However, reasonable restrictions as to the
 2176  liability or responsibility of the title or abstract company are
 2177  acceptable. Notwithstanding s. 627.7843(3), the tax collector
 2178  may contract for higher maximum liability limits.
 2179         3. In order to establish uniform prices for ownership and
 2180  encumbrance reports within the county, the tax collector must
 2181  shall ensure that the contract for ownership and encumbrance
 2182  reports include all requests for title searches or abstracts for
 2183  a given period of time.
 2184         (b) Any fee paid for a any title search or abstract must be
 2185  collected at the time of application under subsection (1), and
 2186  the amount of the fee must be added to the opening bid.
 2187         (c) The clerk shall advertise and administer the sale and
 2188  receive such fees for the issuance of the deed and sale of the
 2189  property as are provided in s. 28.24.
 2190         (6)(a) The opening bid:
 2191         (a) On county-held certificates on nonhomestead property
 2192  shall be the sum of the value of all outstanding certificates
 2193  against the property land, plus omitted years’ taxes, delinquent
 2194  taxes, interest, and all costs and fees paid by the county.
 2195         (b) The opening bid On an individual certificate on
 2196  nonhomestead property shall include, in addition to the amount
 2197  of money paid to the tax collector by the certificateholder at
 2198  the time of application, must include the amount required to
 2199  redeem the applicant’s tax certificate and all other costs and
 2200  fees paid by the applicant, plus all tax certificates that were
 2201  sold subsequent to the filing of the tax deed application and
 2202  omitted taxes, if any.
 2203         (c) The opening bid on property assessed on the latest tax
 2204  roll as homestead property shall include, in addition to the
 2205  amount of money required for an opening bid on nonhomestead
 2206  property, an amount equal to one-half of the latest assessed
 2207  value of the homestead. Payment of one-half of the assessed
 2208  value of the homestead property shall not be required if the tax
 2209  certificate to which the application relates was sold prior to
 2210  January 1, 1982.
 2211         (7) On county-held certificates for which there are no
 2212  bidders at the public sale, the clerk shall enter the land on a
 2213  list entitled “lands available for taxes” and shall immediately
 2214  notify the county commission and all other persons holding
 2215  certificates against the property land that the property land is
 2216  available. During the first 90 days after the property land is
 2217  placed on the list of lands available for taxes, the county may
 2218  purchase the land for the opening bid or may waive its rights to
 2219  purchase the property. Thereafter, any person, the county, or
 2220  any other governmental unit may purchase the property land from
 2221  the clerk, without further notice or advertising, for the
 2222  opening bid, except that if when the county or other
 2223  governmental unit is the purchaser for its own use, the board of
 2224  county commissioners may cancel omitted years’ taxes, as
 2225  provided under s. 197.447. If the county does not elect to
 2226  purchase the property land, the county must notify each legal
 2227  titleholder of property contiguous to the property land
 2228  available for taxes, as provided in paragraph (4)(h), before
 2229  expiration of the 90-day period. Interest on the opening bid
 2230  continues to accrue through the month of sale as prescribed by
 2231  s. 197.542.
 2232         (8) Taxes may shall not be extended against parcels listed
 2233  as lands available for taxes, but in each year the taxes that
 2234  would have been due shall be treated as omitted years and added
 2235  to the required minimum bid. If any tax certificates exist or if
 2236  an application for a tax deed by a person other than the county
 2237  is not filed within 7 Three years after the day the land was
 2238  offered for public sale, the land shall escheat to the county in
 2239  which it is located, free and clear. If the property was placed
 2240  on the list of lands available for taxes as a result of a tax
 2241  deed application filed by the county and a tax certificate,
 2242  owned by a person other than the county, does not exist on the
 2243  property, the property shall escheat 3 years after the day the
 2244  property was offered for private sale, free and clear. All tax
 2245  certificates, accrued taxes, and liens of any nature against the
 2246  property shall be deemed canceled as a matter of law and of no
 2247  further legal force and effect, and the clerk shall execute an
 2248  escheatment tax deed vesting title in the board of county
 2249  commissioners of the county in which the land is located.
 2250         (a) When a property escheats to the county under this
 2251  subsection, the county is not subject to any liability imposed
 2252  by chapter 376 or chapter 403 for preexisting soil or
 2253  groundwater contamination due solely to its ownership. However,
 2254  this subsection does not affect the rights or liabilities of any
 2255  past or future owners of the escheated property and does not
 2256  affect the liability of any governmental entity for the results
 2257  of its actions that create or exacerbate a pollution source.
 2258         (b) The county and the Department of Environmental
 2259  Protection may enter into a written agreement for the
 2260  performance, funding, and reimbursement of the investigative and
 2261  remedial acts necessary for a property that escheats to the
 2262  county.
 2263         (9) Consolidated applications on more than one tax
 2264  certificate are allowed, but a separate statement shall be
 2265  issued pursuant to subsection (4), and a separate tax deed shall
 2266  be issued pursuant to s. 197.552, for each parcel of property
 2267  shown on the tax certificate.
 2268         (10) Any fees collected pursuant to this section shall be
 2269  refunded to the certificateholder in the event that the tax deed
 2270  sale is canceled for any reason.
 2271         (11) For any property acquired under this section by the
 2272  county for the express purpose of providing infill housing, the
 2273  board of county commissioners may, in accordance with s.
 2274  197.447, cancel county-held tax certificates and omitted years’
 2275  taxes on such properties. Furthermore, the county may not
 2276  transfer a property acquired under this section specifically for
 2277  infill housing back to a taxpayer who failed to pay the
 2278  delinquent taxes or charges that led to the issuance of the tax
 2279  certificate or lien. For purposes of this subsection only, the
 2280  term “taxpayer” includes the taxpayer’s family or any entity in
 2281  which the taxpayer or taxpayer’s family has any interest.
 2282         Section 50. Section 197.542, Florida Statutes, is amended
 2283  to read:
 2284         197.542 Sale at public auction.—
 2285         (1) Real property The lands advertised for sale to the
 2286  highest bidder as a result of an application filed under s.
 2287  197.502 shall be sold at public auction by the clerk of the
 2288  circuit court, or his or her deputy, of the county where the
 2289  property is lands are located on the date, at the time, and at
 2290  the location as set forth in the published notice, which must
 2291  shall be during the regular hours the clerk’s office is open. At
 2292  the time and place, the clerk shall read the notice of sale and
 2293  shall offer the lands described in the notice for sale to the
 2294  highest bidder for cash at public outcry. The amount required to
 2295  redeem the tax certificate, plus the amounts paid by the holder
 2296  to the clerk of the circuit court in charges for costs of sale,
 2297  redemption of other tax certificates on the same property lands,
 2298  and all other costs to the applicant for tax deed, plus interest
 2299  thereon at the rate of 1.5 percent per month for the period
 2300  running from the month after the date of application for the
 2301  deed through the month of sale and costs incurred for the
 2302  service of notice provided for in s. 197.522(2), shall be
 2303  considered the bid of the certificateholder for the property. If
 2304  tax certificates exist or if delinquent taxes accrued subsequent
 2305  to the filing of the tax deed application, the amount required
 2306  to redeem such tax certificates or pay such delinquent taxes
 2307  shall be included in the minimum bid. However, if the land to be
 2308  sold is assessed on the latest tax roll as homestead property,
 2309  the bid of the certificateholder shall be increased to include
 2310  an amount equal to one-half of the assessed value of the
 2311  homestead property as required by s. 197.502. If there are no
 2312  higher bids, the property land shall be struck off and sold to
 2313  the certificateholder, who shall forthwith pay to the clerk any
 2314  amounts included in the minimum bid, the documentary stamp tax,
 2315  and recording fees due. Upon payment, and a tax deed shall
 2316  thereupon be issued and recorded by the clerk. The tax deed
 2317  applicant shall have the option of placing the property on the
 2318  list of lands available for taxes in lieu of paying any
 2319  additional sums due as a result of the increased minimum bid,
 2320  documentary stamps, or recording fees.
 2321         (2) If there are other bids, The certificateholder has
 2322  shall have the right to bid as others present may bid, and the
 2323  property shall be struck off and sold to the highest bidder. The
 2324  high bidder shall post with the clerk a nonrefundable cash
 2325  deposit of 5 percent of the bid $200 at the time of the sale, to
 2326  be applied to the sale price at the time of full payment. Notice
 2327  of the this deposit requirement must shall be posted at the
 2328  auction site, and the clerk may require that bidders to show
 2329  their willingness and ability to post the cost deposit. If full
 2330  payment of the final bid and of documentary stamp tax and
 2331  recording fees is not made within 24 hours, excluding weekends
 2332  and legal holidays, the clerk shall cancel all bids, readvertise
 2333  the sale as provided in this section, and pay all costs of the
 2334  sale from the deposit. Any remaining funds must be applied
 2335  toward the opening bid. The clerk may refuse to recognize the
 2336  bid of any person who has previously bid and refused, for any
 2337  reason, to honor such bid.
 2338         (3) If the sale is canceled for any reason, or the buyer
 2339  fails to make full payment within the time required, the clerk
 2340  shall immediately readvertise the sale to be held within no
 2341  later than 30 days after the date the sale was canceled. Only
 2342  one advertisement is necessary. No further notice is required.
 2343  The amount of the opening statutory (opening) bid shall be
 2344  increased by the cost of advertising, additional clerk’s fees as
 2345  provided for in s. 28.24(21), and interest as provided for in
 2346  subsection (1). This process must be repeated until the property
 2347  is sold and the clerk receives full payment or the clerk does
 2348  not receive any bids other than the bid of the
 2349  certificateholder. The clerk must shall receive full payment
 2350  before prior to the issuance of the tax deed.
 2351         (4) A tax deed sale may not be canceled without the consent
 2352  of the tax deed applicant for any reason in law or equity other
 2353  than that the tax deed application has been redeemed, collection
 2354  has been stayed by the filing of a bankruptcy petition, an error
 2355  has been discovered in the assessment record, or an error has
 2356  been demonstrated in the procedure or process used in processing
 2357  the tax deed application or setting the sale.
 2358         (5)(4)(a) A clerk may conduct electronic tax deed sales in
 2359  lieu of public outcry. The clerk must comply with the procedures
 2360  provided in this chapter, except that electronic proxy bidding
 2361  shall be allowed and the clerk may require bidders to advance
 2362  sufficient funds to pay the deposit required by subsection (2).
 2363  The clerk shall provide access to the electronic sale by
 2364  computer terminals open to the public at a designated location.
 2365  A clerk who conducts such electronic sales may receive
 2366  electronic deposits and payments related to the sale. The
 2367  portion of an advance deposit from a winning bidder required by
 2368  subsection (2) shall, upon acceptance of the winning bid, be
 2369  subject to the fee under s. 28.24(10).
 2370         (b) Nothing in This subsection does not shall be construed
 2371  to restrict or limit the authority of a charter county to
 2372  conduct from conducting electronic tax deed sales. In a charter
 2373  county where the clerk of the circuit court does not conduct all
 2374  electronic sales, the charter county shall be permitted to
 2375  receive electronic deposits and payments related to sales it
 2376  conducts, as well as to subject the winning bidder to a fee,
 2377  consistent with the schedule in s. 28.24(10).
 2378         (c) The costs of electronic tax deed sales shall be added
 2379  to the charges for the costs of sale under subsection (1) and
 2380  paid by the certificateholder when filing an application for a
 2381  tax deed.
 2382         Section 51. Section 197.522, Florida Statutes, is amended
 2383  to read:
 2384         197.522 Notice to owner when application for tax deed is
 2385  made.—
 2386         (1)(a) Except as provided in this section, the clerk of the
 2387  circuit court shall notify, by certified mail with return
 2388  receipt requested or by registered mail if the notice is to be
 2389  sent outside the continental United States, the persons listed
 2390  in the tax collector’s statement pursuant to s. 197.502(4) that
 2391  an application for a tax deed has been made. Such notice shall
 2392  be mailed at least 20 days before prior to the date of sale. If
 2393  an no address is not listed in the tax collector’s statement,
 2394  then a no notice is not shall be required.
 2395         (b) The clerk shall enclose with every copy mailed a
 2396  statement as follows:
 2397         WARNING: There are unpaid taxes on property which you own
 2398  or in which you have a legal interest. Such property will be
 2399  sold at public auction notwithstanding its classification as
 2400  homestead property, if applicable. The property will be sold at
 2401  public auction on ...(date)... unless the back taxes are paid.
 2402  To make payment, or to receive further information, contact the
 2403  clerk of court immediately at ...(address)..., ...(telephone
 2404  number)....
 2405         (c) The clerk shall complete and attach to the affidavit of
 2406  the publisher a certificate containing the names and addresses
 2407  of those persons notified and the date the notice was mailed.
 2408  The certificate shall be signed by the clerk and the clerk’s
 2409  official seal affixed. The certificate shall be prima facie
 2410  evidence of the fact that the notice was mailed. If an no
 2411  address is not listed on the tax collector’s certification, the
 2412  clerk shall execute a certificate to that effect.
 2413         (d) The failure of anyone to receive notice as provided
 2414  herein shall not affect the validity of the tax deed issued
 2415  pursuant to the notice.
 2416         (e) A printed copy of the notice as published in the
 2417  newspaper, accompanied by the warning statement described in
 2418  paragraph (b), shall be deemed sufficient notice.
 2419         (2)(a) In addition to the notice provided in subsection
 2420  (1), for property that was not classified as homestead property
 2421  on the most recent assessment roll prior to the tax deed
 2422  application, the sheriff of the county in which the legal
 2423  titleholder resides shall, at least 20 days prior to the date of
 2424  sale, notify the legal titleholder of record of the property on
 2425  which the tax certificate is outstanding. The original notice
 2426  and sufficient copies shall be prepared by the clerk and
 2427  provided to the sheriff. Such notice shall be served as
 2428  specified in chapter 48; if the sheriff is unable to make
 2429  service, he or she shall post a copy of the notice in a
 2430  conspicuous place at the legal titleholder’s last known address.
 2431  The inability of the sheriff to serve notice on the legal
 2432  titleholder shall not affect the validity of the tax deed issued
 2433  pursuant to the notice. A legal titleholder of record who
 2434  resides outside the state may be notified by the clerk as
 2435  provided in subsection (1). The notice shall be in substantially
 2436  the following form:
 2437                               WARNING                             
 2438  
 2439         There are unpaid taxes on the property which you own.
 2440         Such property will be sold at public auction
 2441         notwithstanding its classification as homestead
 2442         property, if applicable. The property will be sold at
 2443         public auction on ...(date)... unless the back taxes
 2444         are paid. To make arrangements for payment, or to
 2445         receive further information, contact the clerk of
 2446         court at ...(address)..., ...(telephone number)....
 2447  
 2448  In addition, if the legal titleholder does not reside in the
 2449  county in which the property to be sold is located, a copy of
 2450  such notice shall be posted in a conspicuous place on the
 2451  property by the sheriff of the county in which the property is
 2452  located. However, no posting of notice shall be required if the
 2453  property to be sold is classified for assessment purposes,
 2454  according to use classifications established by the department,
 2455  as nonagricultural acreage or vacant land.
 2456         (b)In addition to the notice provided in subsection (1),
 2457  for property classified as homestead property on the most recent
 2458  assessment roll, the sheriff of the county in which the legal
 2459  titleholder resides shall, at least 45 days prior to the date of
 2460  sale, provide notice that a tax certificate is outstanding on
 2461  such homestead property to the legal titleholder of record. The
 2462  original notice and sufficient copies shall be prepared by the
 2463  clerk of the circuit court and provided to the sheriff. Such
 2464  notice shall be served as provided in chapter 48. If unable to
 2465  make service, the sheriff shall post a copy of the notice in a
 2466  conspicuous place at the homestead property address. The return
 2467  of service shall indicate, in addition to the details of
 2468  service, whether the residence exists and whether the residence
 2469  appears to be occupied. The inability of the sheriff to serve
 2470  notice on the legal titleholder of homestead property subject to
 2471  an outstanding tax certificate does not affect the validity of a
 2472  tax deed issued on such property pursuant to the notice. The
 2473  notice shall be in substantially the following form:
 2474                               WARNING                             
 2475  
 2476         There are unpaid taxes on the homestead property you
 2477         own. Such property will be sold at public auction on
 2478         (date), unless the back taxes are paid,
 2479         notwithstanding its classification as homestead
 2480         property. To make arrangements for payment or to
 2481         receive further information, contact the clerk of the
 2482         court immediately at ...(address)..., ...(telephone
 2483         number)....
 2484         (c)(b) In addition to the notice provided in subsection
 2485  (1), the clerk shall notify by certified mail with return
 2486  receipt requested, or by registered mail if the notice is to be
 2487  sent outside the continental United States, the persons listed
 2488  in the tax collector’s statement pursuant to s. 197.502(4)(h)
 2489  and to the tax deed applicant that application for a tax deed
 2490  has been made. Such notice shall be mailed at least 20 days
 2491  prior to the date of sale. If an no address is not listed in the
 2492  tax collector’s statement, a then no notice is not shall be
 2493  required. Enclosed with the copy of the notice shall be a
 2494  statement in substantially the following form:
 2495                               WARNING                             
 2496  
 2497         There are unpaid taxes on property contiguous to your
 2498         property. The property with the unpaid taxes will be
 2499         sold at auction on ...(date)... unless the back taxes
 2500         are paid. To make payment, or to receive further
 2501         information about the purchase of the property,
 2502         contact the clerk of court immediately at
 2503         ...(address)..., ...(telephone number)....
 2504  
 2505  Neither the failure of the tax collector to include the list of
 2506  contiguous property owners pursuant to s. 197.502(4)(h) in his
 2507  or her statement to the clerk nor the failure of the clerk to
 2508  mail this notice to any or all of the persons listed in the tax
 2509  collector’s statement pursuant to s. 197.502(4)(h) shall be a
 2510  basis to challenge the validity of the tax deed issued pursuant
 2511  to any notice under this section.
 2512         (3) Nothing in This chapter does not prohibit a shall be
 2513  construed to prevent the tax collector, or any other public
 2514  official, in his or her discretion from giving additional notice
 2515  in any form concerning tax certificates and tax sales beyond the
 2516  minimum requirements of this chapter.
 2517         Section 52. Section 197.552, Florida Statutes, is amended
 2518  to read:
 2519         197.552 Tax deeds.—
 2520         (1) All tax deeds shall be issued in the name of a county
 2521  and must shall be signed by the clerk of the county. The deed
 2522  shall be witnessed by two witnesses, the official seal shall be
 2523  attached thereto, and the deed shall be acknowledged or proven
 2524  as other deeds. The charges by the clerk shall be as provided in
 2525  s. 28.24. Tax deeds issued to a purchaser of property for
 2526  delinquent taxes must be in the form prescribed by the
 2527  department. All deeds issued pursuant to this section are prima
 2528  facie evidence of the regularity of all proceedings from the
 2529  valuation of the property to the issuance of the deed,
 2530  inclusive.
 2531         (2)(a) Except as specifically provided in this chapter, a
 2532  no right, interest, restriction, or other covenant does not
 2533  shall survive the issuance of a tax deed.,
 2534         (b)1.Liens that survive the issuance of a tax deed include
 2535  except that a lien of record held by a municipal or county
 2536  governmental unit or, special district, or community development
 2537  district. These surviving liens include tax certificates that
 2538  were not incorporated in the tax deed application, if, when such
 2539  liens were lien is not satisfied from as of the disbursement of
 2540  proceeds of sale under the provisions of s. 197.582, shall
 2541  survive the issuance of a tax deed.
 2542         2.A code enforcement lien survives only as to the amount
 2543  expended by the governmental entity to correct the code
 2544  deficiency and the amount of the surviving lien may not include
 2545  interest, penalties, fines, or attorney’s fees.
 2546         (3) A lien surviving the issuance of a tax deed may not
 2547  provide a basis to foreclose against the interest of the tax
 2548  deed owner unless the owner is reimbursed for the price of
 2549  acquiring the tax deed, including recording fees and documentary
 2550  stamps, by the holder of the surviving lien or at the time of a
 2551  foreclosure sale. If a foreclosure sale results in insufficient
 2552  funds to satisfy a surviving lien and reimburse the tax deed
 2553  owner, the proceeds of the foreclosure sale shall be distributed
 2554  pro rata in recognition of the equal dignity of lien and the tax
 2555  deed. The charges by the clerk shall be as provided in s. 28.24.
 2556  Tax deeds issued to a purchaser of land for delinquent taxes
 2557  shall be in the form prescribed by the department. All deeds
 2558  issued pursuant to this section shall be prima facie evidence of
 2559  the regularity of all proceedings from the valuation of the
 2560  lands to the issuance of the deed, inclusive.
 2561         Section 53. Subsection (2) of section 197.582, Florida
 2562  Statutes, is amended to read:
 2563         197.582 Disbursement of proceeds of sale.—
 2564         (2) If the property is purchased for an amount in excess of
 2565  the statutory bid of the certificateholder, the excess shall be
 2566  paid over and disbursed by the clerk. If the property purchased
 2567  is homestead property and the statutory bid includes an amount
 2568  equal to at least one-half of the assessed value of the
 2569  homestead, that amount shall be treated as excess and
 2570  distributed in the same manner. The clerk shall distribute the
 2571  excess to the governmental units for the payment of any lien of
 2572  record held by a governmental unit against the property,
 2573  including any tax certificates not incorporated in the tax deed
 2574  application and omitted taxes, if any. If In the event the
 2575  excess is not sufficient to pay all of such liens in full, the
 2576  excess shall then be paid to each governmental unit pro rata.
 2577  If, after all liens of record of the governmental units upon the
 2578  property are paid in full, there remains a balance of
 2579  undistributed funds, the balance of the purchase price shall be
 2580  retained by the clerk for the benefit of the persons described
 2581  in s. 197.522(1)(a), except those persons described in s.
 2582  197.502(4)(h), as their interests may appear. The clerk shall
 2583  mail notices to such persons notifying them of the funds held
 2584  for their benefit. Any service charges, at the same rate as
 2585  prescribed in s. 28.24(10), and costs of mailing notices shall
 2586  be paid out of the excess balance held by the clerk. Excess
 2587  proceeds shall be held and disbursed in the same manner as
 2588  unclaimed redemption moneys in s. 197.473. If In the event
 2589  excess proceeds are not sufficient to cover the service charges
 2590  and mailing costs, the clerk shall receive the total amount of
 2591  excess proceeds as a service charge.
 2592         Section 54. Section 197.602, Florida Statutes, is amended
 2593  to read:
 2594         197.602 Reimbursement required in challenges to the
 2595  validity of a tax deed Party recovering land must refund taxes
 2596  paid and interest.—
 2597         (1)If a party successfully challenges the validity of a
 2598  tax deed in an action at law or equity, but the taxes for which
 2599  the tax deed was sold were not paid before the tax deed was
 2600  issued, the party shall pay to the party against whom the
 2601  judgment or decree is entered:
 2602         (a) The amount paid for the tax deed and all taxes paid
 2603  upon the land, together with 12 percent interest thereon per
 2604  year from the date of the issuance of the tax deed;
 2605         (b) All legal expenses in obtaining the tax deed, including
 2606  publication of notice and clerk’s fees for issuing and recording
 2607  the tax deed; and
 2608         (c) The fair cash value of all maintenance and permanent
 2609  improvements made upon the land by the holders under the tax
 2610  deed. If, in an action at law or in equity involving the
 2611  validity of any tax deed, the court holds that the tax deed was
 2612  invalid at the time of its issuance and that title to the land
 2613  therein described did not vest in the tax deed holder , then, if
 2614  the taxes for which the land was sold and upon which the tax
 2615  deed was issued had not been paid prior to issuance of the deed,
 2616  the party in whose favor the judgment or decree in the suit is
 2617  entered shall pay to the party against whom the judgment or
 2618  decree is entered the amount paid for the tax deed and all taxes
 2619  paid upon the land, together with 12-percent interest thereon
 2620  per year from the date of the issuance of the tax deed and all
 2621  legal expenses in obtaining the tax deed, including publication
 2622  of notice and clerk’s fees for issuing and recording the tax
 2623  deed, and also the fair cash value of all permanent improvements
 2624  made upon the land by the holders under the tax deed.
 2625         (2) In an action to challenge the validity of a tax deed,
 2626  the prevailing party is entitled to all reasonable litigation
 2627  expenses including attorney’s fees.
 2628         (3) The court shall determine the amount of the expenses
 2629  for which a party shall be reimbursed. and the fair cash value
 2630  of improvements shall be ascertained and found upon the trial of
 2631  the action, and The tax deed holder or anyone holding under the
 2632  tax deed has thereunder shall have a prior lien on upon the land
 2633  for the payment of the expenses that must be reimbursed to such
 2634  persons sums.
 2635         Section 55. Section 192.0105, Florida Statutes, is amended
 2636  to read
 2637         192.0105 Taxpayer rights.—There is created a Florida
 2638  Taxpayer’s Bill of Rights for property taxes and assessments to
 2639  guarantee that the rights, privacy, and property of the
 2640  taxpayers of this state are adequately safeguarded and protected
 2641  during tax levy, assessment, collection, and enforcement
 2642  processes administered under the revenue laws of this state. The
 2643  Taxpayer’s Bill of Rights compiles, in one document, brief but
 2644  comprehensive statements that summarize the rights and
 2645  obligations of the property appraisers, tax collectors, clerks
 2646  of the court, local governing boards, the Department of Revenue,
 2647  and taxpayers. Additional rights afforded to payors of taxes and
 2648  assessments imposed under the revenue laws of this state are
 2649  provided in s. 213.015. The rights afforded taxpayers to assure
 2650  that their privacy and property are safeguarded and protected
 2651  during tax levy, assessment, and collection are available only
 2652  insofar as they are implemented in other parts of the Florida
 2653  Statutes or rules of the Department of Revenue. The rights so
 2654  guaranteed to state taxpayers in the Florida Statutes and the
 2655  departmental rules include:
 2656         (1) THE RIGHT TO KNOW.—
 2657         (a) The right to be sent a mailed notice of proposed
 2658  property taxes and proposed or adopted non-ad valorem
 2659  assessments (see ss. 194.011(1), 200.065(2)(b) and (d) and
 2660  (13)(a), and 200.069). The notice must also inform the taxpayer
 2661  that the final tax bill may contain additional non-ad valorem
 2662  assessments (see s. 200.069(10)).
 2663         (b) The right to notification of a public hearing on each
 2664  taxing authority’s tentative budget and proposed millage rate
 2665  and advertisement of a public hearing to finalize the budget and
 2666  adopt a millage rate (see s. 200.065(2)(c) and (d)).
 2667         (c) The right to advertised notice of the amount by which
 2668  the tentatively adopted millage rate results in taxes that
 2669  exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
 2670  The right to notification by first-class mail of a comparison of
 2671  the amount of the taxes to be levied from the proposed millage
 2672  rate under the tentative budget change, compared to the previous
 2673  year’s taxes, and also compared to the taxes that would be
 2674  levied if no budget change is made (see ss. 200.065(2)(b) and
 2675  200.069(2), (3), (4), and (8)).
 2676         (d) The right that the adopted millage rate will not exceed
 2677  the tentatively adopted millage rate. If the tentative rate
 2678  exceeds the proposed rate, each taxpayer shall be mailed notice
 2679  comparing his or her taxes under the tentatively adopted millage
 2680  rate to the taxes under the previously proposed rate, before a
 2681  hearing to finalize the budget and adopt millage (see s.
 2682  200.065(2)(d)).
 2683         (e) The right to be sent notice by first-class mail of a
 2684  non-ad valorem assessment hearing at least 20 days before the
 2685  hearing with pertinent information, including the total amount
 2686  to be levied against each parcel. All affected property owners
 2687  have the right to appear at the hearing and to file written
 2688  objections with the local governing board (see s. 197.3632(4)(b)
 2689  and (c) and (10)(b)2.b.).
 2690         (f) The right of an exemption recipient to be sent a
 2691  renewal application for that exemption, the right to a receipt
 2692  for homestead exemption claim when filed, and the right to
 2693  notice of denial of the exemption (see ss. 196.011(6),
 2694  196.131(1), 196.151, and 196.193(1)(c) and (5)).
 2695         (g) The right, on property determined not to have been
 2696  entitled to homestead exemption in a prior year, to notice of
 2697  intent from the property appraiser to record notice of tax lien
 2698  and the right to pay tax, penalty, and interest before a tax
 2699  lien is recorded for any prior year (see s. 196.161(1)(b)).
 2700         (h) The right to be informed during the tax collection
 2701  process, including: notice of tax due; notice of back taxes;
 2702  notice of late taxes and assessments and consequences of
 2703  nonpayment; opportunity to pay estimated taxes and non-ad
 2704  valorem assessments when the tax roll will not be certified in
 2705  time; notice when interest begins to accrue on delinquent
 2706  provisional taxes; notice of the right to prepay estimated taxes
 2707  by installment; a statement of the taxpayer’s estimated tax
 2708  liability for use in making installment payments; and notice of
 2709  right to defer taxes and non-ad valorem assessments on homestead
 2710  property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c),
 2711  197.222(3) and (5), 197.2301(3), 197.3632(8)(a),
 2712  193.1145(10)(a), and 197.254(1)). However, a taxpayer is deemed
 2713  to have waived the right to know if the taxpayer fails to
 2714  provide current contact information to the county property
 2715  appraiser and tax collector.
 2716         (i) The right to an advertisement in a newspaper listing
 2717  names of taxpayers who are delinquent in paying tangible
 2718  personal property taxes, with amounts due, and giving notice
 2719  that interest is accruing at 18 percent and that, unless taxes
 2720  are paid, warrants will be issued, prior to petition made with
 2721  the circuit court for an order to seize and sell property (see
 2722  s. 197.402(2)).
 2723         (j) The right to be sent a mailed notice when a petition
 2724  has been filed with the court for an order to seize and sell
 2725  property and the right to be mailed notice, and to be served
 2726  notice by the sheriff, before the date of sale, that application
 2727  for tax deed has been made and property will be sold unless back
 2728  taxes are paid (see ss. 197.413(5), 197.502(4)(a), and
 2729  197.522(1)(a) and (2)).
 2730         (k) The right to have certain taxes and special assessments
 2731  levied by special districts individually stated on the “Notice
 2732  of Proposed Property Taxes and Proposed or Adopted Non-Ad
 2733  Valorem Assessments” (see s. 200.069).
 2734  
 2735  Notwithstanding the right to information contained in this
 2736  subsection, under s. 197.122 property owners are held to know
 2737  that property taxes are due and payable annually and charges
 2738  property owners with a duty to ascertain the amount of current
 2739  and delinquent taxes to obtain the necessary information from
 2740  the applicable governmental officials.
 2741         (2) THE RIGHT TO DUE PROCESS.—
 2742         (a) The right to an informal conference with the property
 2743  appraiser to present facts the taxpayer considers to support
 2744  changing the assessment and to have the property appraiser
 2745  present facts supportive of the assessment upon proper request
 2746  of any taxpayer who objects to the assessment placed on his or
 2747  her property (see s. 194.011(2)).
 2748         (b) The right to petition the value adjustment board over
 2749  objections to assessments, denial of exemption, denial of
 2750  agricultural classification, denial of historic classification,
 2751  denial of high-water recharge classification, disapproval of tax
 2752  deferral, and any penalties on deferred taxes imposed for
 2753  incorrect information willfully filed. Payment of estimated
 2754  taxes does not preclude the right of the taxpayer to challenge
 2755  his or her assessment (see ss. 194.011(3), 196.011(6) and
 2756  (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
 2757  193.625(2), 197.2425 197.253(2), 197.301(2), and 197.2301(11)).
 2758         (c) The right to file a petition for exemption or
 2759  agricultural classification with the value adjustment board when
 2760  an application deadline is missed, upon demonstration of
 2761  particular extenuating circumstances for filing late (see ss.
 2762  193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
 2763         (d) The right to prior notice of the value adjustment
 2764  board’s hearing date and the right to the hearing within 4 hours
 2765  of scheduled time (see s. 194.032(2)).
 2766         (e) The right to notice of date of certification of tax
 2767  rolls and receipt of property record card if requested (see ss.
 2768  193.122(2) and (3) and 194.032(2)).
 2769         (f) The right, in value adjustment board proceedings, to
 2770  have all evidence presented and considered at a public hearing
 2771  at the scheduled time, to be represented by an attorney or
 2772  agent, to have witnesses sworn and cross-examined, and to
 2773  examine property appraisers or evaluators employed by the board
 2774  who present testimony (see ss. 194.034(1)(a) and (c) and (4),
 2775  and 194.035(2)).
 2776         (g) The right to be sent mailed a timely written decision
 2777  by the value adjustment board containing findings of fact and
 2778  conclusions of law and reasons for upholding or overturning the
 2779  determination of the property appraiser, and the right to
 2780  advertised notice of all board actions, including appropriate
 2781  narrative and column descriptions, in brief and nontechnical
 2782  language (see ss. 194.034(2) and 194.037(3)).
 2783         (h) The right at a public hearing on non-ad valorem
 2784  assessments or municipal special assessments to provide written
 2785  objections and to provide testimony to the local governing board
 2786  (see ss. 197.3632(4)(c) and 170.08).
 2787         (i) The right to bring action in circuit court to contest a
 2788  tax assessment or appeal value adjustment board decisions to
 2789  disapprove exemption or deny tax deferral (see ss. 194.036(1)(c)
 2790  and (2), 194.171, 196.151, and 197.2425 197.253(2)).
 2791         (3) THE RIGHT TO REDRESS.—
 2792         (a) The right to discounts for early payment on all taxes
 2793  and non-ad valorem assessments collected by the tax collector,
 2794  except for partial payments as defined in 197.374, the right to
 2795  pay installment payments with discounts, and the right to pay
 2796  delinquent personal property taxes under a an installment
 2797  payment program when implemented by the county tax collector
 2798  (see ss. 197.162, 197.3632(8) and (10)(b)3., 197.222(1), and
 2799  197.4155).
 2800         (b) The right, upon filing a challenge in circuit court and
 2801  paying taxes admitted in good faith to be owing, to be issued a
 2802  receipt and have suspended all procedures for the collection of
 2803  taxes until the final disposition of the action (see s.
 2804  194.171(3)).
 2805         (c) The right to have penalties reduced or waived upon a
 2806  showing of good cause when a return is not intentionally filed
 2807  late, and the right to pay interest at a reduced rate if the
 2808  court finds that the amount of tax owed by the taxpayer is
 2809  greater than the amount the taxpayer has in good faith admitted
 2810  and paid (see ss. 193.072(4) and 194.192(2)).
 2811         (d) The right to a refund when overpayment of taxes has
 2812  been made under specified circumstances (see ss. 193.1145(8)(e)
 2813  and 197.182(1)).
 2814         (e) The right to an extension to file a tangible personal
 2815  property tax return upon making proper and timely request (see
 2816  s. 193.063).
 2817         (f) The right to redeem real property and redeem tax
 2818  certificates at any time before full payment for a tax deed is
 2819  made to the clerk of the court, including documentary stamps and
 2820  recording fees issued, and the right to have tax certificates
 2821  canceled if sold where taxes had been paid or if other error
 2822  makes it void or correctable. Property owners have the right to
 2823  be free from contact by a certificateholder for 2 years after
 2824  April 1 of the year the tax certificate is issued (see ss.
 2825  197.432(13) and (14)(14) and (15), 197.442(1), 197.443, and
 2826  197.472(1) and (7)).
 2827         (g) The right of the taxpayer, property appraiser, tax
 2828  collector, or the department, as the prevailing party in a
 2829  judicial or administrative action brought or maintained without
 2830  the support of justiciable issues of fact or law, to recover all
 2831  costs of the administrative or judicial action, including
 2832  reasonable attorney’s fees, and of the department and the
 2833  taxpayer to settle such claims through negotiations (see ss.
 2834  57.105 and 57.111).
 2835         (4) THE RIGHT TO CONFIDENTIALITY.—
 2836         (a) The right to have information kept confidential,
 2837  including federal tax information, ad valorem tax returns,
 2838  social security numbers, all financial records produced by the
 2839  taxpayer, Form DR-219 returns for documentary stamp tax
 2840  information, and sworn statements of gross income, copies of
 2841  federal income tax returns for the prior year, wage and earnings
 2842  statements (W-2 forms), and other documents (see ss. 192.105,
 2843  193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)).
 2844  (b) The right to limiting access to a taxpayer’s records by a
 2845  property appraiser, the Department of Revenue, and the Auditor
 2846  General only to those instances in which it is determined that
 2847  such records are necessary to determine either the
 2848  classification or the value of taxable nonhomestead property
 2849  (see s. 195.027(3)).
 2850         Section 56. Paragraph (d) of subsection (3) of section
 2851  194.011, Florida Statutes, is amended to read:
 2852         194.011 Assessment notice; objections to assessments.—
 2853         (3) A petition to the value adjustment board must be in
 2854  substantially the form prescribed by the department.
 2855  Notwithstanding s. 195.022, a county officer may not refuse to
 2856  accept a form provided by the department for this purpose if the
 2857  taxpayer chooses to use it. A petition to the value adjustment
 2858  board shall describe the property by parcel number and shall be
 2859  filed as follows:
 2860         (d) The petition may be filed, as to valuation issues, at
 2861  any time during the taxable year on or before the 25th day
 2862  following the mailing of notice by the property appraiser as
 2863  provided in subsection (1). With respect to an issue involving
 2864  the denial of an exemption, an agricultural or high-water
 2865  recharge classification application, an application for
 2866  classification as historic property used for commercial or
 2867  certain nonprofit purposes, or a deferral, the petition must be
 2868  filed at any time during the taxable year on or before the 30th
 2869  day following the mailing of the notice by the property
 2870  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.
 2871  196.193 or notice by the tax collector under s. 197.2425
 2872  197.253.
 2873         Section 57. Subsection (1) of section 194.013, Florida
 2874  Statutes, is amended to read:
 2875         194.013 Filing fees for petitions; disposition; waiver.—
 2876         (1) If so required by resolution of the value adjustment
 2877  board, a petition filed pursuant to s. 194.011 shall be
 2878  accompanied by a filing fee to be paid to the clerk of the value
 2879  adjustment board in an amount determined by the board not to
 2880  exceed $15 for each separate parcel of property, real or
 2881  personal, covered by the petition and subject to appeal.
 2882  However, no such filing fee may be required with respect to an
 2883  appeal from the disapproval of homestead exemption under s.
 2884  196.151 or from the denial of tax deferral under s. 197.2425
 2885  197.253. Only a single filing fee shall be charged under this
 2886  section as to any particular parcel of property despite the
 2887  existence of multiple issues and hearings pertaining to such
 2888  parcel. For joint petitions filed pursuant to s. 194.011(3)(e)
 2889  or (f), a single filing fee shall be charged. Such fee shall be
 2890  calculated as the cost of the special magistrate for the time
 2891  involved in hearing the joint petition and shall not exceed $5
 2892  per parcel. Said fee is to be proportionately paid by affected
 2893  parcel owners.
 2894         Section 58. Subsection (12) of section 196.011, Florida
 2895  Statutes, is amended to read:
 2896         196.011 Annual application required for exemption.—
 2897         (12) Notwithstanding subsection (1), if when the owner of
 2898  property otherwise entitled to a religious exemption from ad
 2899  valorem taxation fails to timely file an application for
 2900  exemption, and because of a misidentification of property
 2901  ownership on the property tax roll the owner is not properly
 2902  notified of the tax obligation by the property appraiser and the
 2903  tax collector, the owner of the property may file an application
 2904  for exemption with the property appraiser. The property
 2905  appraiser must consider the application, and if he or she
 2906  determines the owner of the property would have been entitled to
 2907  the exemption had the property owner timely applied, the
 2908  property appraiser must grant the exemption. Any taxes assessed
 2909  on such property shall be canceled, and if paid, refunded. Any
 2910  tax certificates outstanding on such property shall be canceled
 2911  and refund made pursuant to s. 197.432(11) s. 197.432(10).
 2912         Section 59. Section 197.603, Florida Statutes, is created
 2913  to read:
 2914         197.603Declaration of legislative findings and intent.—The
 2915  Legislature finds that the state has a strong interest in
 2916  ensuring due process and public confidence in a uniform, fair,
 2917  efficient, and accountable collection of property taxes by
 2918  county tax collectors. Therefore, tax collectors shall be
 2919  supervised by the Department of Revenue pursuant to s.
 2920  195.002(1). Moreover, the Legislature intends that the property
 2921  tax collection authorized by this chapter under s. 9(a), Art.
 2922  VII of the State Constitution be free from the influence or the
 2923  appearance of influence of the local governments who levy
 2924  property taxes and receive property tax revenues.
 2925         Section 60. Sections 197.202, 197.242, 197.304, 197.3041,
 2926  197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047,
 2927  197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
 2928  197.3077, 197.3078, and 197.3079, Florida Statutes, are
 2929  repealed.
 2930         Section 61. This act shall take effect July 1, 2010.