Florida Senate - 2011                                     SB 270
       
       
       
       By Senator Bennett
       
       
       
       
       21-00367-11                                            2011270__
    1                        A bill to be entitled                      
    2         An act relating to property tax discounts for early
    3         payment; amending s. 197.162, F.S.; increasing the
    4         discount rates for early payment of property taxes;
    5         amending s. 200.065, F.S.; lowering the percentage of
    6         certified taxable value to be used by taxing
    7         authorities in preparing tentative budgets; amending
    8         s. 197.222, F.S.; increasing the discount rates for
    9         prepayment of property tax by the installment method;
   10         providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 197.162, Florida Statutes, is amended to
   15  read:
   16         197.162 Discounts; amount and time.—On all taxes assessed
   17  on the county tax rolls and collected by the county tax
   18  collector, discounts for early payment thereof shall be at the
   19  rate of 8 4 percent in the month of November or at any time
   20  within 30 days after the mailing of the original tax notice; 6 3
   21  percent in the month of December; 4 2 percent in the following
   22  month of January; 2 1 percent in the following month of
   23  February; and zero percent in the following month of March or
   24  within 30 days prior to the date of delinquency if the date of
   25  delinquency is after April 1. When a taxpayer makes a request to
   26  have the original tax notice corrected, the discount rate for
   27  early payment applicable at the time the request for correction
   28  is made shall apply for 30 days after the mailing of the
   29  corrected tax notice. A discount shall apply at the rate of 8 4
   30  percent for 30 days after the mailing of a tax notice resulting
   31  from the action of a value adjustment board. Thereafter, the
   32  regular discount periods shall apply. For the purposes of this
   33  section, when a discount period ends on a Saturday, Sunday, or
   34  legal holiday, the discount period shall be extended to the next
   35  working day, if payment is delivered to a designated collection
   36  office of the tax collector.
   37         Section 2. Paragraph (a) of subsection (2) of section
   38  200.065, Florida Statutes, is amended to read:
   39         200.065 Method of fixing millage.—
   40         (2) No millage shall be levied until a resolution or
   41  ordinance has been approved by the governing board of the taxing
   42  authority which resolution or ordinance must be approved by the
   43  taxing authority according to the following procedure:
   44         (a)1. Upon preparation of a tentative budget, but prior to
   45  adoption thereof, each taxing authority shall compute a proposed
   46  millage rate necessary to fund the tentative budget other than
   47  the portion of the budget to be funded from sources other than
   48  ad valorem taxes. In computing proposed or final millage rates,
   49  each taxing authority shall use utilize not less than 91 95
   50  percent of the taxable value certified pursuant to subsection
   51  (1).
   52         2. The tentative budget of the county commission shall be
   53  prepared and submitted in accordance with s. 129.03.
   54         3. The tentative budget of the school district shall be
   55  prepared and submitted in accordance with chapter 1011, provided
   56  that the date of submission shall not be later than 24 days
   57  after certification of value pursuant to subsection (1).
   58         4. Taxing authorities other than the county and school
   59  district shall prepare and consider tentative and final budgets
   60  in accordance with this section and applicable provisions of
   61  law, including budget procedures applicable to the taxing
   62  authority, provided such procedures do not conflict with general
   63  law.
   64         Section 3. Subsection (1) of section 197.222, Florida
   65  Statutes, is amended to read:
   66         197.222 Prepayment of estimated tax by installment method.—
   67         (1) Taxes collected pursuant to this chapter may be prepaid
   68  in installments as provided in this section. A taxpayer may
   69  elect to prepay by installments for each tax notice with taxes
   70  estimated to be more than $100. A taxpayer who elects to prepay
   71  taxes shall make payments based upon an estimated tax equal to
   72  the actual taxes levied upon the subject property in the prior
   73  year. Such taxpayer shall complete and file an application for
   74  each tax notice to prepay such taxes by installment with the tax
   75  collector prior to May 1 of the year in which the taxpayer
   76  elects to prepay taxes in installments pursuant to this section.
   77  The application shall be made on forms supplied by the
   78  department and provided to the taxpayer by the tax collector.
   79  After submission of an initial application, a taxpayer shall not
   80  be required to submit additional annual applications as long as
   81  he or she continues to elect to prepay taxes in installments
   82  pursuant to this section. However, if in any year the taxpayer
   83  does not so elect, reapplication shall be required for a
   84  subsequent election to do so. Installment payments shall be made
   85  according to the following schedule:
   86         (a) The first payment of one-quarter of the total amount of
   87  estimated taxes due shall be made not later than June 30 of the
   88  year in which the taxes are assessed. A 12 percent 6-percent
   89  discount applied against the amount of the installment shall be
   90  granted for such payment. The tax collector may accept a late
   91  payment of the first installment under this paragraph within 30
   92  days after June 30; such late payment must be accompanied by a
   93  penalty of 10 5 percent of the amount of the installment due.
   94         (b) The second payment of one-quarter of the total amount
   95  of estimated taxes due shall be made not later than September 30
   96  of the year in which the taxes are assessed. A 9 percent 4.5
   97  percent discount applied against the amount of the installment
   98  shall be granted for such payment.
   99         (c) The third payment of one-quarter of the total amount of
  100  estimated taxes due, plus one-half of any adjustment made
  101  pursuant to a determination of actual tax liability, shall be
  102  made not later than December 31 of the year in which taxes are
  103  assessed. A 6 percent 3-percent discount applied against the
  104  amount of the installment shall be granted for such payment.
  105         (d) The fourth payment of one-quarter of the total amount
  106  of estimated taxes due, plus one-half of any adjustment made
  107  pursuant to a determination of actual tax liability, shall be
  108  made not later than March 31 following the year in which taxes
  109  are assessed. No discount shall be granted for such payment.
  110         (e) For purposes of this section, when an installment due
  111  date falls on a Saturday, Sunday, or legal holiday, the due date
  112  for the installment shall be the next working day, if the
  113  installment payment is delivered to a designated collection
  114  office of the tax collector. Taxpayers making such payment shall
  115  be entitled to the applicable discount rate authorized in this
  116  section.
  117         Section 4. This act shall take effect July 1, 2011.