Florida Senate - 2011                              CS for SB 478
       
       
       
       By the Committee on Budget Subcommittee on Finance and Tax; and
       Senator Thrasher
       
       
       
       593-02345-11                                           2011478c1
    1                        A bill to be entitled                      
    2         An act relating to property taxation; amending s.
    3         95.051, F.S.; tolling the expiration period of a tax
    4         certificate and the statute of limitations relating to
    5         proceedings involving tax lien certificates or tax
    6         deeds during the period of an intervening bankruptcy;
    7         amending ss. 197.102, 197.122, 197.123, 197.162,
    8         197.172, 197.182, 197.222, 197.2301, 197.322, 197.332,
    9         197.343, 197.344, 197.3635, 197.373, 197.402, 197.403,
   10         197.413, 197.414, 197.4155, 197.416, 197.417, 197.432,
   11         197.4325, 197.442, 197.443, 197.462, 197.472, 197.473,
   12         197.482, 197.492, 197.582, and 197.602, F.S.;
   13         revising, updating, and consolidating provisions of
   14         ch. 197, F.S., relating to definitions, tax
   15         collectors, lien of taxes, returns and assessments,
   16         unpaid or omitted taxes, discounts, interest rates,
   17         Department of Revenue responsibilities, tax bills,
   18         judicial sales, prepayment of taxes, assessment rolls,
   19         duties of tax collectors, tax notices, delinquent
   20         taxes, lienholders, special assessments, non-ad
   21         valorem assessments, tax payments, distribution of
   22         taxes, advertisements of property with delinquent
   23         taxes, attachment, delinquent personal property taxes,
   24         sales of property, tax certificates, tax deeds, tax
   25         sales, and proceedings involving the validity of a tax
   26         deed; amending s. 197.502, F.S.; revising provisions
   27         relating to applications for tax deeds; providing
   28         payment requirements; authorizing the tax collector to
   29         charge a fee to cover the costs to the tax collector
   30         for electronic tax deed programs or services; amending
   31         s. 197.542, F.S.; revising the minimum deposit after
   32         becoming the highest bidder for a tax deed; requiring
   33         a clerk to readvertise the sale of a tax deed if a
   34         previous buyer failed to make full payment for the tax
   35         deed; creating s. 197.146, F.S.; authorizing tax
   36         collectors to issue certificates of correction to tax
   37         rolls and outstanding delinquent taxes for
   38         uncollectable personal property accounts; requiring
   39         the tax collector to notify the property appraiser;
   40         providing construction; creating ss. 197.2421 and
   41         197.2423, F.S., transferring, renumbering, and
   42         amending ss. 197.253, 197.303, and 197.3071, F.S., and
   43         amending ss. 197.243, 197.252, 197.254, 197.262,
   44         197.263, 197.272, 197.282, 197.292, 197.301, and
   45         197.312, F.S.; revising, updating, and consolidating
   46         provisions of ch. 197, F.S., relating to deferral of
   47         tax payments for real property, homestead property,
   48         recreational and commercial working waterfront
   49         property, and affordable rental property; creating s.
   50         197.4725, F.S.; providing authorization and
   51         requirements for purchase of county-held tax
   52         certificates; specifying required amounts to be paid;
   53         providing for fees; providing for electronic services;
   54         amending s. 192.0105, F.S.; providing that the right
   55         to a discount for the early payment of taxes does not
   56         apply to certain partial payments of taxes; clarifying
   57         a taxpayer’s right to redeem real property and tax
   58         certificates; clarifying that a property owner may not
   59         be contacted by the holder of a tax certificate for 2
   60         years following the date the certificate is issued;
   61         providing that s. 197.122, F.S., applies in certain
   62         circumstances; providing for the obligation of the
   63         property owner to obtain certain information;
   64         correcting cross-references; amending ss. 194.011,
   65         194.013, 196.011, and 197.374, F.S.; conforming cross
   66         references; creating s. 197.603, F.S.; providing
   67         legislative intent; repealing s. 197.202, F.S.,
   68         relating to destruction of 20-year-old tax receipts;
   69         repealing s. 197.242, F.S., relating to a short title;
   70         repealing ss. 197.304, 197.3041, 197.3042, 197.3043,
   71         197.3044, 197.3045, 197.3046, 197.3047, 197.307,
   72         197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
   73         197.3077, 197.3078, and 197.3079, F.S., relating to
   74         deferrals of tax payments; providing an effective
   75         date.
   76  
   77  Be It Enacted by the Legislature of the State of Florida:
   78  
   79         Section 1. Section 95.051, Florida Statutes, is amended to
   80  read:
   81         95.051 When limitations tolled.—
   82         (1) The running of the time under any statute of
   83  limitations except ss. 95.281, 95.35, and 95.36 is tolled by:
   84         (a) Absence from the state of the person to be sued.
   85         (b) Use by the person to be sued of a false name that is
   86  unknown to the person entitled to sue so that process cannot be
   87  served on the person to be sued.
   88         (c) Concealment in the state of the person to be sued so
   89  that process cannot be served on him or her.
   90         (d) The adjudicated incapacity, before the cause of action
   91  accrued, of the person entitled to sue. In any event, the action
   92  must be begun within 7 years after the act, event, or occurrence
   93  giving rise to the cause of action.
   94         (e) Voluntary payments by the alleged father of the child
   95  in paternity actions during the time of the payments.
   96         (f) The payment of any part of the principal or interest of
   97  any obligation or liability founded on a written instrument.
   98         (g) The pendency of any arbitral proceeding pertaining to a
   99  dispute that is the subject of the action.
  100         (h) The period of an intervening bankruptcy tolls the
  101  expiration period of a tax certificate under s. 197.482 and any
  102  proceeding or process under chapter 197.
  103         (i)(h) The minority or previously adjudicated incapacity of
  104  the person entitled to sue during any period of time in which a
  105  parent, guardian, or guardian ad litem does not exist, has an
  106  interest adverse to the minor or incapacitated person, or is
  107  adjudicated to be incapacitated to sue; except with respect to
  108  the statute of limitations for a claim for medical malpractice
  109  as provided in s. 95.11. In any event, the action must be begun
  110  within 7 years after the act, event, or occurrence giving rise
  111  to the cause of action.
  112  
  113  Paragraphs (a)-(c) shall not apply if service of process or
  114  service by publication can be made in a manner sufficient to
  115  confer jurisdiction to grant the relief sought. This section
  116  shall not be construed to limit the ability of any person to
  117  initiate an action within 30 days after of the lifting of an
  118  automatic stay issued in a bankruptcy action as is provided in
  119  11 U.S.C. s. 108(c).
  120         (2) A No disability or other reason does not shall toll the
  121  running of any statute of limitations except those specified in
  122  this section, s. 95.091, the Florida Probate Code, or the
  123  Florida Guardianship Law.
  124         Section 2. Section 197.102, Florida Statutes, is amended to
  125  read:
  126         197.102 Definitions.—
  127         (1) As used in this chapter, the following definitions
  128  apply, unless the context clearly requires otherwise:
  129         (a)“Awarded” means the time when the tax collector or a
  130  designee determines and announces verbally or through the
  131  closing of the bid process in a live or an electronic auction
  132  that a buyer has placed the winning bid on a tax certificate at
  133  a tax certificate sale.
  134         (b)(1) “Department,” unless otherwise specified, means the
  135  Department of Revenue.
  136         (c)(2) “Omitted taxes” means those taxes which have not
  137  been extended on the tax roll against a parcel of property after
  138  the property has been placed upon the list of lands available
  139  for taxes pursuant to s. 197.502.
  140         (d) “Proxy bidding” means a method of bidding by which a
  141  bidder authorizes an agent, whether an individual or an
  142  electronic agent, to place bids on his or her behalf.
  143         (e) “Random number generator” means a computational device
  144  that generates a sequence of numbers that lack any pattern and
  145  is used to resolve a tie when multiple bidders have bid the same
  146  lowest amount by assigning a number to each of the tied bidders
  147  and randomly determining which one of those numbers is the
  148  winner.
  149         (f)(3) “Tax certificate” means a paper or electronic legal
  150  document, representing unpaid delinquent real property taxes,
  151  non-ad valorem assessments, including special assessments,
  152  interest, and related costs and charges, issued in accordance
  153  with this chapter against a specific parcel of real property and
  154  becoming a first lien thereon, superior to all other liens,
  155  except as provided by s. 197.573(2).
  156         (g)(4) “Tax notice” means the paper or electronic tax bill
  157  sent to taxpayers for payment of any taxes or special
  158  assessments collected pursuant to this chapter, or the bill sent
  159  to taxpayers for payment of the total of ad valorem taxes and
  160  non-ad valorem assessments collected pursuant to s. 197.3632.
  161         (h)(5) “Tax receipt” means the paid tax notice.
  162         (i)(6) “Tax rolls” and “assessment rolls” are synonymous
  163  and mean the rolls prepared by the property appraiser pursuant
  164  to chapter 193 and certified pursuant to s. 193.122.
  165         (2)(7)If when a local government uses the method set forth
  166  in s. 197.3632 to levy, collect, or enforce a non-ad valorem
  167  assessment, the following definitions shall apply:
  168         (a) “Ad valorem tax roll” means the roll prepared by the
  169  property appraiser and certified to the tax collector for
  170  collection.
  171         (b) “Non-ad valorem assessment roll” means a roll prepared
  172  by a local government and certified to the tax collector for
  173  collection.
  174         Section 3. Section 197.122, Florida Statutes, is amended to
  175  read:
  176         197.122 Lien of taxes; dates; application.—
  177         (1) All taxes imposed pursuant to the State Constitution
  178  and laws of this state shall be a first lien, superior to all
  179  other liens, on any property against which the taxes have been
  180  assessed and shall continue in full force from January 1 of the
  181  year the taxes were levied until discharged by payment or until
  182  barred under chapter 95. If All personal property tax liens, to
  183  the extent that the property to which the lien applies cannot be
  184  located in the county or to the extent that the sale of the
  185  property is insufficient to pay all delinquent taxes, interest,
  186  fees, and costs due, a personal property tax lien applies shall
  187  be liens against all other personal property of the taxpayer in
  188  the county. However, a lien such liens against other personal
  189  property does shall not apply against such property that which
  190  has been sold, and is such liens against other personal property
  191  shall be subordinate to any valid prior or subsequent liens
  192  against such other property. An No act of omission or commission
  193  on the part of a any property appraiser, tax collector, board of
  194  county commissioners, clerk of the circuit court, or county
  195  comptroller, or their deputies or assistants, or newspaper in
  196  which an any advertisement of sale may be published does not
  197  shall operate to defeat the payment of taxes, interest, fees,
  198  and costs due and; but any acts of omission or commission may be
  199  corrected at any time by the officer or party responsible for
  200  them in the same like manner as provided by law for performing
  201  acts in the first place. Amounts, and when so corrected they
  202  shall be deemed to be construed as valid ab initio and do not
  203  shall in no way affect any process by law for the enforcement of
  204  the collection of the any tax. All owners of property are shall
  205  be held to know that taxes are due and payable annually and are
  206  responsible for charged with the duty of ascertaining the amount
  207  of current and delinquent taxes and paying them before April 1
  208  of the year following the year in which taxes are assessed. A No
  209  sale or conveyance of real or personal property for nonpayment
  210  of taxes may not shall be held invalid except upon proof that:
  211         (a) The property was not subject to taxation;
  212         (b) The taxes were had been paid before the sale of
  213  personal property; or
  214         (c) The real property was had been redeemed before receipt
  215  by the clerk of the court of full payment for the execution and
  216  delivery of a deed based upon a certificate issued for
  217  nonpayment of taxes, including all recording fees and
  218  documentary stamps.
  219         (2) A lien created through the sale of a tax certificate
  220  may not be foreclosed or enforced in any manner except as
  221  prescribed in this chapter.
  222         (3) A property appraiser may also correct a material
  223  mistake of fact relating to an essential condition of the
  224  subject property to reduce an assessment if to do so requires
  225  only the exercise of judgment as to the effect of the mistake of
  226  fact on the assessed or taxable value of the property that
  227  mistake of fact.
  228         (a) As used in this subsection, the term “an essential
  229  condition of the subject property” means a characteristic of the
  230  subject parcel, including only:
  231         1. Environmental restrictions, zoning restrictions, or
  232  restrictions on permissible use;
  233         2. Acreage;
  234         3. Wetlands or other environmental lands that are or have
  235  been restricted in use because of such environmental features;
  236         4. Access to usable land;
  237         5. Any characteristic of the subject parcel which
  238  characteristic, in the property appraiser’s opinion, caused the
  239  appraisal to be clearly erroneous; or
  240         6. Depreciation of the property that was based on a latent
  241  defect of the property which existed but was not readily
  242  discernible by inspection on January 1, but not depreciation
  243  resulting from any other cause.
  244         (b) The material mistake of fact may be corrected by the
  245  property appraiser, in the same like manner as provided by law
  246  for performing the act in the first place only within 1 year
  247  after the approval of the tax roll pursuant to s. 193.1142. If,
  248  and, when so corrected, the tax roll act becomes valid ab initio
  249  and does not affect in no way affects any process by law for the
  250  enforcement of the collection of the any tax. If the such a
  251  correction results in a refund of taxes paid on the basis of an
  252  erroneous assessment included contained on the current year’s
  253  tax roll for years beginning January 1, 1999, or later, the
  254  property appraiser, at his or her option, may request that the
  255  department to pass upon the refund request pursuant to s.
  256  197.182 or may submit the correction and refund order directly
  257  to the tax collector for action in accordance with the notice
  258  provisions of s. 197.182(2). Corrections to tax rolls for
  259  previous prior years which would result in refunds must be made
  260  pursuant to s. 197.182.
  261         Section 4. Section 197.123, Florida Statutes, is amended to
  262  read:
  263         197.123 Correcting Erroneous returns; notification of
  264  property appraiser.—If a any tax collector has reason to believe
  265  that a any taxpayer has filed an erroneous or incomplete
  266  statement of her or his personal property or has not disclosed
  267  returned the full amount of all of her or his property subject
  268  to taxation, the collector must shall notify the property
  269  appraiser of the erroneous or incomplete statement.
  270         Section 5. Section 197.146, Florida Statutes, is created to
  271  read:
  272         197.146 Uncollectable personal property taxes; correction
  273  of tax roll.—A tax collector who determines that a tangible
  274  personal property account is uncollectable may issue a
  275  certificate of correction for the current tax roll and any prior
  276  tax rolls. The tax collector shall notify the property appraiser
  277  that the account is invalid, and the assessment may not be
  278  certified for a future tax roll. An uncollectable account
  279  includes, but is not limited to, an account on property that was
  280  originally assessed but cannot be found to seize and sell for
  281  the payment of taxes and includes other personal property of the
  282  owner as identified pursuant to s. 197.413(8) and (9).
  283         Section 6. Section 197.162, Florida Statutes, is amended to
  284  read:
  285         197.162 Tax discount payment periods Discounts; amount and
  286  time.—
  287         (1) For On all taxes assessed on the county tax rolls and
  288  collected by the county tax collector, discounts for payments
  289  made before delinquency early payment thereof shall be at the
  290  rate of 4 percent in the month of November or at any time within
  291  30 days after the sending mailing of the original tax notice; 3
  292  percent in the following month of December; 2 percent in the
  293  following month of January; 1 percent in the following month of
  294  February; and zero percent in the following month of March or
  295  within 30 days before prior to the date of delinquency if the
  296  date of delinquency is after April 1.
  297         (2) If When a taxpayer makes a request to have the original
  298  tax notice corrected, the discount rate for early payment
  299  applicable at the time of the request for correction is made
  300  applies shall apply for 30 days after the sending mailing of the
  301  corrected tax notice.
  302         (3) A discount rate shall apply at the rate of 4 percent
  303  applies for 30 days after the sending mailing of a tax notice
  304  resulting from the action of a value adjustment board.
  305  Thereafter, the regular discount periods shall apply.
  306         (4)If the For the purposes of this section, when a
  307  discount period ends on a Saturday, Sunday, or legal holiday,
  308  the discount period, including the zero percent period, extends
  309  shall be extended to the next working day, if payment is
  310  delivered to the a designated collection office of the tax
  311  collector.
  312         Section 7. Subsections (2) and (4) of section 197.172,
  313  Florida Statutes, are amended to read:
  314         197.172 Interest rate; calculation and minimum.—
  315         (2) The maximum rate of interest on a tax certificate is
  316  shall be 18 percent per year.; However, a tax certificate may
  317  shall not bear interest and nor shall the mandatory interest
  318  charge as provided by s. 197.472(2) may not be levied during the
  319  60-day period following of time from the date of delinquency,
  320  except for the 3 percent mandatory interest charged charge under
  321  subsection (1). No tax certificate sold before March 23, 1992,
  322  shall bear interest nor shall the mandatory charge as provided
  323  by s. 197.472(2) be levied in excess of the interest or charge
  324  provided herein, except as to those tax certificates upon which
  325  the mandatory charge as provided by s. 197.472(2) shall have
  326  been collected and paid.
  327         (4) Interest shall be calculated Except as provided in s.
  328  197.262 with regard to deferred payment tax certificates,
  329  interest to be accrued pursuant to this chapter shall be
  330  calculated monthly from the first day of each month.
  331         Section 8. Subsections (1), (2), and (3) of section
  332  197.182, Florida Statutes, are amended to read:
  333         197.182 Department of Revenue to pass upon and order
  334  refunds.—
  335         (1)(a) Except as provided in paragraphs paragraph (b), (c),
  336  and (d), the department shall pass upon and order refunds if
  337  when payment of taxes assessed on the county tax rolls has been
  338  made voluntarily or involuntarily under any of the following
  339  circumstances:
  340         1. When An overpayment has been made.
  341         2. When A payment has been made when no tax was due.
  342         3. When A bona fide controversy exists between the tax
  343  collector and the taxpayer as to the liability of the taxpayer
  344  for the payment of the tax claimed to be due, the taxpayer pays
  345  the amount claimed by the tax collector to be due, and it is
  346  finally adjudged by a court of competent jurisdiction that the
  347  taxpayer was not liable for the payment of the tax or any part
  348  thereof.
  349         4. When A payment for a delinquent tax has been made in
  350  error by a taxpayer to the tax collector and, if, within 12 24
  351  months after of the date of the erroneous payment and before
  352  prior to any transfer of the assessed property to a third party
  353  for consideration, the party seeking a refund makes demand for
  354  reimbursement of the erroneous payment upon the owner of the
  355  property on which the taxes were erroneously paid and
  356  reimbursement of the erroneous payment is not received within 45
  357  days after such demand. The demand for reimbursement must shall
  358  be sent by certified mail, return receipt requested, and a copy
  359  of the demand must thereof shall be sent to the tax collector.
  360  If the payment was made in error by the taxpayer because of an
  361  error in the tax notice sent to the taxpayer, refund must be
  362  made as provided in paragraph (d) subparagraph (b)2.
  363         5.A payment for a tax that has not become delinquent, has
  364  been made in error by a taxpayer to the tax collector and within
  365  18 months after the date of the erroneous payment and before any
  366  transfer of the assessed property to a third party for
  367  consideration, the party seeking a refund makes a demand for
  368  reimbursement of the erroneous payment upon the owner of the
  369  property on which the taxes were erroneously paid, and
  370  reimbursement of the erroneous payment is not received within 45
  371  days after such demand. The demand for reimbursement must be
  372  sent by certified mail, return receipt requested, and a copy of
  373  the demand must be sent to the tax collector. If the payment was
  374  made in error by the taxpayer because of an error in the tax
  375  notice sent to the taxpayer, refund must be made as provided in
  376  paragraph (d).
  377         6.5.A When any payment is has been made for a tax
  378  certificate certificates that is are subsequently corrected or
  379  amended or is are subsequently determined to be void under s.
  380  197.443.
  381         (b)1.Those Refunds that have been ordered by a court and
  382  those refunds that do not result from changes made in the
  383  assessed value on a tax roll certified to the tax collector
  384  shall be made directly by the tax collector without order from
  385  the department and shall be made from undistributed funds
  386  without approval of the various taxing authorities.
  387         (c) Overpayments in the amount of $10 $5 or less may be
  388  retained by the tax collector unless a written claim for a
  389  refund is received from the taxpayer. Overpayments of more than
  390  $10 over $5 resulting from taxpayer error, if identified
  391  determined within the 4-year period of limitation, shall are to
  392  be automatically refunded to the taxpayer. Such refunds do not
  393  require approval from the department.
  394         (d)2.If When a payment has been made in error by a
  395  taxpayer to the tax collector because of an error in the tax
  396  notice sent to the taxpayer, refund must be made directly by the
  397  tax collector and does not require approval from the department.
  398  At the request of the taxpayer, the amount paid in error may be
  399  applied by the tax collector to the taxes for which the taxpayer
  400  is actually liable.
  401         (e)(c) Claims for refunds must shall be made pursuant to in
  402  accordance with the rules of the department. A No refund may not
  403  shall be granted unless a claim for the refund is made therefor
  404  within 4 years after of January 1 of the tax year for which the
  405  taxes were paid.
  406         (f)(d) Upon receipt of the department’s written denial of a
  407  the refund, the tax collector shall issue the denial in writing
  408  to the taxpayer.
  409         (g)(e) If funds are available from current receipts and,
  410  subject to subsection (3) and, if a refund is approved, the
  411  taxpayer shall is entitled to receive a refund within 100 days
  412  after a claim for refund is made, unless the tax collector,
  413  property appraiser, or department states good cause for
  414  remitting the refund after that date. The time periods times
  415  stated in this paragraph and paragraphs (i) (f) through (l) (j)
  416  are directory and may be extended by a maximum of an additional
  417  60 days if good cause is stated.
  418         (h)(f) If the taxpayer contacts the property appraiser
  419  first, the property appraiser shall refer the taxpayer to the
  420  tax collector.
  421         (i)(g) If a correction to the roll by the property
  422  appraiser is required as a condition for the refund, the tax
  423  collector shall, within 30 days, advise the property appraiser
  424  of the taxpayer’s application for a refund and forward the
  425  application to the property appraiser.
  426         (j)(h) The property appraiser has 30 days after receipt of
  427  the form from the tax collector to correct the roll if a
  428  correction is permissible by law. Within After the 30-day period
  429  30 days, the property appraiser shall immediately advise the tax
  430  collector in writing of whether or not the roll has been
  431  corrected and state, stating the reasons why the roll was
  432  corrected or not corrected.
  433         (k)(i) If the refund requires is not one that can be
  434  directly acted upon by the tax collector, for which an order
  435  from the department is required, the tax collector shall forward
  436  the claim for refund to the department upon receipt of the
  437  correction from the property appraiser or 30 days after the
  438  claim for refund, whichever occurs first. This provision does
  439  not apply to corrections resulting in refunds of less than
  440  $2,500 $400, which the tax collector shall make directly,
  441  without order from the department, and from undistributed funds,
  442  and may make without approval of the various taxing authorities.
  443         (l)(j) The department shall approve or deny a claim for a
  444  refund all refunds within 30 days after receiving the from the
  445  tax collector the claim from the tax collector for refund,
  446  unless good cause is stated for delaying the approval or denial
  447  beyond that date.
  448         (m)(k) Subject to and after meeting the requirements of s.
  449  194.171 and this section, an action to contest a denial of
  450  refund must may not be brought within later than 60 days after
  451  the date the tax collector sends issues the denial to the
  452  taxpayer, which notice must be sent by certified mail, or 4
  453  years after January 1 of the year for which the taxes were paid,
  454  whichever is later. The tax collector may send notice of the
  455  denial electronically or by postal mail. Electronic transmission
  456  may be used only with the express consent of the property owner.
  457  If the notice of denial is sent electronically and is returned
  458  as undeliverable, a second notice must be sent. However, the
  459  original electronic transmission is the official mailing for
  460  purpose of this section.
  461         (n)(l) In computing any time period under this section, if
  462  when the last day of the period is a Saturday, Sunday, or legal
  463  holiday, the period is to be extended to the next working day.
  464         (2)(a)If When the department orders a refund, the
  465  department it shall forward a copy of its order to the tax
  466  collector who shall then determine the pro rata share due by
  467  each taxing authority. The tax collector shall make the refund
  468  from undistributed funds held for that taxing authority and
  469  shall identify such refund as a reduction in the next
  470  distribution. If the undistributed funds are not sufficient for
  471  the refund, the tax collector shall notify the taxing authority
  472  of the shortfall. The taxing authority shall: and certify to the
  473  county, the district school board, each municipality, and the
  474  governing body of each taxing district, their pro rata shares of
  475  such refund, the reason for the refund, and the date the refund
  476  was ordered by the department.
  477         (b) The board of county commissioners, the district school
  478  board, each municipality, and the governing body of each taxing
  479  district shall comply with the order of the department in the
  480  following manner:
  481         1. Authorize the tax collector to make refund from
  482  undistributed funds held for that taxing authority by the tax
  483  collector;
  484         (a)2. Authorize the tax collector to make refund and
  485  forward to the tax collector its pro rata share of the refund
  486  from currently budgeted funds, if available; or
  487         (b)3. Notify the tax collector that the taxing authority
  488  does not have funds currently available and provide for the
  489  payment of the refund in its budget for the next ensuing year
  490  funds for the payment of the refund.
  491         (3) A refund ordered by the department pursuant to this
  492  section shall be made by the tax collector in one aggregate
  493  amount composed of all the pro rata shares of the several taxing
  494  authorities concerned, except that a partial refund is allowed
  495  if when one or more of the taxing authorities concerned do not
  496  have funds currently available to pay their pro rata shares of
  497  the refund and this would cause an unreasonable delay in the
  498  total refund. A statement by the tax collector explaining the
  499  refund shall accompany the refund payment. If When taxes become
  500  delinquent as a result of a refund pursuant to subparagraph
  501  (1)(a)5. subparagraph (1)(a)4. or paragraph (1)(d) subparagraph
  502  (1)(b)2., the tax collector shall notify the property owner that
  503  the taxes have become delinquent and that a tax certificate will
  504  be sold if the taxes are not paid within 30 days after the date
  505  of delinquency.
  506         Section 9. Subsections (1), (3), and (5) of section
  507  197.222, Florida Statutes, are amended to read:
  508         197.222 Prepayment of estimated tax by installment method.—
  509         (1) Taxes collected pursuant to this chapter may be prepaid
  510  in installments as provided in this section. A taxpayer may
  511  elect to prepay by installments for each tax notice for with
  512  taxes estimated to be more than $100. A taxpayer who elects to
  513  prepay taxes shall make payments based upon an estimated tax
  514  equal to the actual taxes levied upon the subject property in
  515  the prior year. In order to prepay by installments, the Such
  516  taxpayer must shall complete and file an application for each
  517  tax notice to prepay such taxes by installment with the tax
  518  collector on or before April 30 prior to May 1 of the year in
  519  which the taxpayer elects to prepay the taxes in installments
  520  pursuant to this section. The application shall be made on forms
  521  supplied by the department and provided to the taxpayer by the
  522  tax collector. After submission of an initial application, a
  523  taxpayer is shall not be required to submit additional annual
  524  applications as long as he or she continues to elect to prepay
  525  taxes in installments pursuant to this section. However, if in
  526  any year the taxpayer does not so elect, reapplication is shall
  527  be required for a subsequent election to do so. Installment
  528  payments shall be made according to the following schedule:
  529         (a) The first payment of one-quarter of the total amount of
  530  estimated taxes due must shall be made by not later than June 30
  531  of the year in which the taxes are assessed. A 6 percent 6
  532  percent discount applied against the amount of the installment
  533  shall be granted for such payment. The tax collector may accept
  534  a late payment of the first installment through July 31, and the
  535  under this paragraph within 30 days after June 30; such late
  536  payment must be accompanied by a penalty of 5 percent of the
  537  amount of the installment due.
  538         (b) The second payment of one-quarter of the total amount
  539  of estimated taxes must due shall be made by not later than
  540  September 30 of the year in which the taxes are assessed. A 4.5
  541  percent 4.5-percent discount applied against the amount of the
  542  installment shall be granted for such payment.
  543         (c) The third payment of one-quarter of the total amount of
  544  estimated taxes due, plus one-half of any adjustment made
  545  pursuant to a determination of actual tax liability, must shall
  546  be made by not later than December 31 of the year in which taxes
  547  are assessed. A 3 percent 3-percent discount applied against the
  548  amount of the installment shall be granted for such payment.
  549         (d) The fourth payment of one-quarter of the total amount
  550  of estimated taxes due, plus one-half of any adjustment made
  551  pursuant to a determination of actual tax liability, must shall
  552  be made by not later than March 31 following the year in which
  553  taxes are assessed. A No discount may not shall be granted for
  554  such payment.
  555         (e) If For purposes of this section, when an installment
  556  due date falls on a Saturday, Sunday, or legal holiday, the due
  557  date for the installment is shall be the next working day, if
  558  the installment payment is delivered to a designated collection
  559  office of the tax collector. Taxpayers making such payment shall
  560  be entitled to the applicable discount rate authorized in this
  561  section.
  562         (3) Upon receiving a taxpayer’s application for
  563  participation in the prepayment installment plan, and the tax
  564  collector shall mail to the taxpayer a statement of the
  565  taxpayer’s estimated tax liability which shall be equal to the
  566  actual taxes levied on the subject property in the preceding
  567  year; such statement shall indicate the amount of each quarterly
  568  installment after application of the discount rates provided in
  569  this section, and a payment schedule, based upon the schedule
  570  provided in this section and furnished by the department. for
  571  those taxpayers who participated in the prepayment installment
  572  plan for the previous year and who are not required to reapply,
  573  the tax collector shall send a quarterly tax notice with the
  574  discount rates provided in this section according to the payment
  575  schedule provided by the department the statement shall be
  576  mailed by June 1. During the first month that the tax roll is
  577  open for payment of taxes, the tax collector shall mail to the
  578  taxpayer a statement which shows the amount of the remaining
  579  installment payments to be made after application of the
  580  discount rates provided in this section. The postage or cost of
  581  electronic mailing shall be paid out of the general fund of the
  582  county, upon statement of the costs thereof by the tax
  583  collector.
  584         (5) Notice of the right to prepay taxes pursuant to this
  585  section shall be provided with the notice of taxes. The Such
  586  notice shall inform the taxpayer of the right to prepay taxes in
  587  installments, and that application forms can be obtained from
  588  the tax collector, and shall state that reapplication is not
  589  necessary if the taxpayer participated in the prepayment
  590  installment plan for the previous year. The application forms
  591  shall be provided by the department and shall be mailed by the
  592  tax collector to those taxpayers requesting an application.
  593         Section 10. Subsections (3) and (9) of section 197.2301,
  594  Florida Statutes, are amended to read:
  595         197.2301 Payment of taxes prior to certified roll
  596  procedure.—
  597         (3) Immediately upon receipt of the property appraiser’s
  598  certification under subsection (2), the tax collector shall
  599  publish a notice cause to be published in a newspaper of general
  600  circulation in the county and shall prominently post at the
  601  courthouse door a notice that the tax roll will not be certified
  602  for collection before prior to January 1 and that payments of
  603  estimated taxes may be made will be allowed by those taxpayers
  604  who submit tender payment to the collector on or before December
  605  31.
  606         (9) After the discount has been applied to the estimated
  607  taxes paid and it is determined that an underpayment or
  608  overpayment has occurred, the following shall apply:
  609         (a) If the amount of underpayment or overpayment is $10 $5
  610  or less, then no additional billing or refund is required except
  611  as determined by the tax collector.
  612         (b) If the amount of overpayment is more than $10 $5, the
  613  tax collector shall immediately refund to the person who paid
  614  the estimated tax the amount of overpayment. Department of
  615  Revenue approval is shall not be required for the refund of
  616  overpayment made pursuant to this subsection.
  617         Section 11. Section 197.2421, Florida Statutes, is created
  618  to read:
  619         197.2421Property tax deferral.—
  620         (1) If a property owner applies for a property tax deferral
  621  and meets the criteria established in this chapter, the tax
  622  collector shall approve the deferral of the ad valorem taxes and
  623  non-ad valorem assessments.
  624         (2) Authorized property tax deferral programs are:
  625         (a) Homestead tax deferral.
  626         (b) Recreational and commercial working waterfront
  627  deferral.
  628         (c) Affordable rental housing deferral.
  629         (3) Ad valorem taxes, non-ad valorem assessments, and
  630  interest deferred pursuant to this chapter constitute a priority
  631  lien and attach to the property in the same manner as other tax
  632  liens. Deferred taxes, assessments, and interest, however, are
  633  due, payable, and delinquent as provided in this chapter.
  634         Section 12. Section 197.2423, Florida Statutes, is created
  635  to read:
  636         197.2423Application for property tax deferral;
  637  determination of approval or denial by tax collector.—
  638         (1) A property owner is responsible for submitting an
  639  annual application for tax deferral with the county tax
  640  collector on or before March 31 following the year in which the
  641  taxes and non-ad valorem assessments are assessed.
  642         (2) Each applicant shall demonstrate compliance with the
  643  requirements for tax deferral.
  644         (3) The application for deferral shall be made upon a form
  645  prescribed by the department and provided by the tax collector.
  646  The tax collector may require the applicant to submit other
  647  evidence and documentation deemed necessary in considering the
  648  application. The application form shall advise the applicant:
  649         (a) Of the manner in which interest is computed.
  650         (b) Of the conditions that must be met to qualify for
  651  approval.
  652         (c) Of the conditions under which deferred taxes,
  653  assessments, and interest become due, payable, and delinquent.
  654         (d) That all tax deferrals pursuant to this section
  655  constitute a priority tax lien on the applicant’s property.
  656         (4) Each application shall include a list of all
  657  outstanding liens on the property and the current value of each
  658  lien.
  659         (5) Each applicant shall furnish proof of fire and extended
  660  coverage insurance in an amount at least equal to the total of
  661  all outstanding liens, including a lien for deferred taxes, non
  662  ad valorem assessments, and interest, with a loss payable clause
  663  to the tax collector.
  664         (6) The tax collector shall consider each annual
  665  application for a tax deferral within 45 days after the
  666  application is filed or as soon as practicable thereafter. The
  667  tax collector shall exercise reasonable discretion based upon
  668  applicable information available under this section. A tax
  669  collector who finds that the applicant is entitled to the tax
  670  deferral shall approve the application and maintain the deferral
  671  records until the tax lien is satisfied.
  672         (7) For approved deferrals, the date of receipt by the tax
  673  collector of the application for tax deferral shall be used in
  674  calculating taxes due and payable net of discounts for early
  675  payment as provided in s. 197.162.
  676         (8) The tax collector shall notify the property appraiser
  677  in writing of those parcels for which taxes have been deferred.
  678         (9) A tax deferral may not be granted if:
  679         (a) The total amount of deferred taxes, non-ad valorem
  680  assessments, and interest, plus the total amount of all other
  681  unsatisfied liens on the property, exceeds 85 percent of the
  682  just value of the property; or
  683         (b) The primary mortgage financing on the property is for
  684  an amount that exceeds 70 percent of the just value of the
  685  property.
  686         (10) A tax collector who finds that the applicant is not
  687  entitled to the deferral shall send a notice of disapproval
  688  within 45 days after the date the application is filed, citing
  689  the reason for disapproval. The original notice of disapproval
  690  shall be sent to the applicant and shall advise the applicant of
  691  the right to appeal the decision to the value adjustment board
  692  and shall inform the applicant of the procedure for filing such
  693  an appeal.
  694         Section 13. Section 197.253, Florida Statutes, is
  695  transferred, renumbered as section 197.2425, Florida Statutes,
  696  and amended to read:
  697         197.2425 197.253Appeal of denied Homestead tax deferral;
  698  application.—An appeal of a denied tax deferral must be made by
  699  the property owner
  700         (1) The application for deferral shall be made upon a form
  701  prescribed by the department and furnished by the county tax
  702  collector. The application form shall be signed upon oath by the
  703  applicant before an officer authorized by the state to
  704  administer oaths. The tax collector may, in his or her
  705  discretion, require the applicant to submit such other evidence
  706  and documentation as deemed necessary by the tax collector in
  707  considering the application. The application form shall advise
  708  the applicant of the manner in which interest is computed. Each
  709  application form shall contain an explanation of the conditions
  710  to be met for approval and the conditions under which deferred
  711  taxes and interest become due, payable, and delinquent. Each
  712  application shall clearly state that all deferrals pursuant to
  713  this act shall constitute a lien on the applicant’s homestead.
  714         (2)(a) The tax collector shall consider each annual
  715  application for homestead tax deferral within 30 days of the day
  716  the application is filed or as soon as practicable thereafter. A
  717  tax collector who finds that the applicant is entitled to the
  718  tax deferral shall approve the application and file the
  719  application in the permanent records. A tax collector who finds
  720  the applicant is not entitled to the deferral shall send a
  721  notice of disapproval within 30 days of the filing of the
  722  application, giving reasons therefor to the applicant, either by
  723  personal delivery or by registered mail to the mailing address
  724  given by the applicant and shall make return in the manner in
  725  which such notice was served upon the applicant upon the
  726  original notice thereof and file among the permanent records of
  727  the tax collector’s office. The original notice of disapproval
  728  sent to the applicant shall advise the applicant of the right to
  729  appeal the decision of the tax collector to the value adjustment
  730  board and shall inform the applicant of the procedure for filing
  731  such an appeal.
  732         (b) Appeals of the decision of the tax collector to the
  733  value adjustment board shall be in writing on a form prescribed
  734  by the department and furnished by the tax collector. The Such
  735  appeal must shall be filed with the value adjustment board
  736  within 30 20 days after the mailing applicant’s receipt of the
  737  notice of disapproval. The value adjustment board shall review
  738  the application and the evidence presented to the tax collector
  739  upon which the applicant based his or her claim for tax deferral
  740  and, at the election of the applicant, must shall hear the
  741  applicant in person, or by agent on the applicant’s behalf, on
  742  his or her right to homestead tax deferral. The value adjustment
  743  board shall reverse the decision of the tax collector and grant
  744  a homestead tax deferral to the applicant, if in its judgment
  745  the applicant is entitled to the tax deferral thereto, or must
  746  affirm the decision of the tax collector. An Such action by of
  747  the value adjustment board is shall be final unless the
  748  applicant or tax collector files a de novo proceeding for a
  749  declaratory judgment or other appropriate proceeding in the
  750  circuit court of the county in which the property is located or
  751  other lienholder, within 15 days after from the date of the
  752  decision disapproval of the application by the board, files in
  753  the circuit court of the county in which the property is
  754  located, a proceeding for a declaratory judgment or other
  755  appropriate proceeding.
  756         (3) Each application shall contain a list of, and the
  757  current value of, all outstanding liens on the applicant’s
  758  homestead.
  759         (4) For approved applications, the date of receipt by the
  760  tax collector of the application for tax deferral shall be used
  761  in calculating taxes due and payable net of discounts for early
  762  payment as provided for by s. 197.162.
  763         (5) If such proof has not been furnished with a prior
  764  application, each applicant shall furnish proof of fire and
  765  extended coverage insurance in an amount which is in excess of
  766  the sum of all outstanding liens and deferred taxes and interest
  767  with a loss payable clause to the county tax collector.
  768         (6) The tax collector shall notify the property appraiser
  769  in writing of those parcels for which taxes have been deferred.
  770         (7) The property appraiser shall promptly notify the tax
  771  collector of denials of homestead application and changes in
  772  ownership of properties that have been granted a tax deferral.
  773         Section 14. Section 197.243, Florida Statutes, is amended
  774  to read:
  775         197.243 Definitions relating to homestead property tax
  776  deferral Act.—
  777         (1) “Household” means a person or group of persons living
  778  together in a room or group of rooms as a housing unit, but the
  779  term does not include persons boarding in or renting a portion
  780  of the dwelling.
  781         (2) “Income” means the “adjusted gross income,” as defined
  782  in s. 62 of the United States Internal Revenue Code, of all
  783  members of a household.
  784         Section 15. Section 197.252, Florida Statutes, is amended
  785  to read:
  786         197.252 Homestead tax deferral.—
  787         (1) Any person who is entitled to claim homestead tax
  788  exemption under the provisions of s. 196.031(1) may apply elect
  789  to defer payment of a portion of the combined total of the ad
  790  valorem taxes, and any non-ad valorem assessments, and interest
  791  accumulated on a tax certificate which would be covered by a tax
  792  certificate sold under this chapter levied on that person’s
  793  homestead by filing an annual application for tax deferral with
  794  the county tax collector on or before January 31 following the
  795  year in which the taxes and non-ad valorem assessments are
  796  assessed. Any applicant who is entitled to receive the homestead
  797  tax exemption but has waived it for any reason shall furnish,
  798  with the application for tax deferral, a certificate of
  799  eligibility to receive the exemption. Such certificate shall be
  800  prepared by the county property appraiser upon request of the
  801  taxpayer. It shall be the burden of each applicant to
  802  affirmatively demonstrate compliance with the requirements of
  803  this section.
  804         (2)(a) Approval of an application for homestead tax
  805  deferral shall defer that portion of the combined total of ad
  806  valorem taxes and any non-ad valorem assessments:
  807         1. Which would be covered by a tax certificate sold under
  808  this chapter otherwise due and payable on the applicant’s
  809  homestead pursuant to s. 197.333 which exceeds 5 percent of the
  810  applicant’s household household’s income for the prior calendar
  811  year if the applicant is younger than 65 years old;
  812         2. Which exceeds 3 percent of the applicant’s household
  813  income for the prior calendar year if the applicant is 65 years
  814  old or older; or
  815         3. In its entirety if the applicant’s household income:
  816         a. For the previous calendar year is less than $10,000; or
  817         b. Is less than the designated amount for the additional
  818  homestead exemption under s. 196.075 and the applicant is 65
  819  years old or older. If any such applicant’s household income for
  820  the prior calendar year is less than $10,000, approval of such
  821  application shall defer such ad valorem taxes plus non-ad
  822  valorem assessments in their entirety.
  823         (b) If the applicant is 65 years of age or older, approval
  824  of the application shall defer that portion of the ad valorem
  825  taxes plus non-ad valorem assessments which exceeds 3 percent of
  826  the applicant’s household income for the prior calendar year. If
  827  any applicant’s household income for the prior calendar year is
  828  less than $10,000, or is less than the amount of the household
  829  income designated for the additional homestead exemption
  830  pursuant to s. 196.075, and the applicant is 65 years of age or
  831  older, approval of the application shall defer the ad valorem
  832  taxes plus non-ad valorem assessments in their entirety.
  833         (b)(c) The household income of an applicant who applies for
  834  a tax deferral before the end of the calendar year in which the
  835  taxes and non-ad valorem assessments are assessed shall be for
  836  the current year, adjusted to reflect estimated income for the
  837  full calendar year period. The estimate of a full year’s
  838  household income shall be made by multiplying the household
  839  income received to the date of application by a fraction, the
  840  numerator being 365 and the denominator being the number of days
  841  expired in the calendar year to the date of application.
  842         (3) The property appraiser shall promptly notify the tax
  843  collector if there is a change in ownership or the homestead
  844  exemption has been denied on property that has been granted a
  845  tax deferral. No tax deferral shall be granted:
  846         (a) If the total amount of deferred taxes, non-ad valorem
  847  assessments, and interest plus the total amount of all other
  848  unsatisfied liens on the homestead exceeds 85 percent of the
  849  assessed value of the homestead, or
  850         (b) If the primary mortgage financing on the homestead is
  851  for an amount which exceeds 70 percent of the assessed value of
  852  the homestead.
  853         (4) The amount of taxes, non-ad valorem assessments, and
  854  interest deferred under this act shall accrue interest at a rate
  855  equal to the semiannually compounded rate of one-half of 1
  856  percent plus the average yield to maturity of the long-term
  857  fixed-income portion of the Florida Retirement System
  858  investments as of the end of the quarter preceding the date of
  859  the sale of the deferred payment tax certificates; however, the
  860  interest rate may not exceed 7 percent.
  861         (5) The taxes, non-ad valorem assessments, and interest
  862  deferred pursuant to this act shall constitute a prior lien and
  863  shall attach as of the date and in the same manner and be
  864  collected as other liens for taxes, as provided for under this
  865  chapter, but such deferred taxes, non-ad valorem assessments,
  866  and interest shall only be due, payable, and delinquent as
  867  provided in this act.
  868         Section 16. Section 197.303, Florida Statutes, is
  869  transferred, renumbered as section 197.2524, Florida Statutes,
  870  and amended to read:
  871         197.2524 197.303Ad valorem Tax deferral for recreational
  872  and commercial working waterfront properties and affordable
  873  rental housing property.—
  874         (1) This section applies to: The board of county
  875  commissioners of any county or the governing authority of any
  876  municipality may adopt an ordinance to allow for ad valorem tax
  877  deferrals for
  878         (a) Recreational and commercial working waterfront
  879  properties if the owners are engaging in the operation,
  880  rehabilitation, or renovation of such properties in accordance
  881  with guidelines established in this section.
  882         (b) Affordable rental housing, if the owners are engaging
  883  in the operation, rehabilitation, or renovation of such
  884  properties in accordance with the guidelines provided in part VI
  885  of chapter 420.
  886         (2) The board of county commissioners of any county or the
  887  governing authority of a the municipality may adopt an by
  888  ordinance to may authorize the deferral of ad valorem taxes
  889  taxation and non-ad valorem assessments for recreational and
  890  commercial working waterfront properties described in subsection
  891  (1).
  892         (3) The ordinance shall designate the percentage or amount
  893  of the deferral and the type and location of the working
  894  waterfront property and, including the type of public lodging
  895  establishments, for which deferrals may be granted, which may
  896  include any property meeting the provisions of s. 342.07(2),
  897  which property may require the property be further required to
  898  be located within a particular geographic area or areas of the
  899  county or municipality. For property defined in s. 342.07(2) as
  900  “recreational and commercial working waterfront,” the ordinance
  901  may specify the type of public lodging establishments that
  902  qualify.
  903         (4) The ordinance must specify that such deferrals apply
  904  only to taxes or assessments levied by the unit of government
  905  granting the deferral. However, a deferral may not be granted
  906  for the deferrals do not apply, however, to taxes or non-ad
  907  valorem assessments defined in s. 197.3632(1)(d) levied for the
  908  payment of bonds or for to taxes authorized by a vote of the
  909  electors pursuant to s. 9(b) or s. 12, Art. VII of the State
  910  Constitution.
  911         (5) The ordinance must specify that any deferral granted
  912  remains in effect regardless of any change in the authority of
  913  the county or municipality to grant the deferral. In order to
  914  retain the deferral, however, the use and ownership of the
  915  property as a working waterfront must remain as it was when the
  916  deferral was granted for be maintained over the period in for
  917  which the deferral remains is granted.
  918         (6)(a) If an application for deferral is granted on
  919  property that is located in a community redevelopment area, the
  920  amount of taxes eligible for deferral is limited shall be
  921  reduced, as provided for in paragraph (b), if:
  922         1. The community redevelopment agency has previously issued
  923  instruments of indebtedness that are secured by increment
  924  revenues on deposit in the community redevelopment trust fund;
  925  and
  926         2. Those instruments of indebtedness are associated with
  927  the real property applying for the deferral.
  928         (b) If the provisions of paragraph (a) applies apply, the
  929  tax deferral applies only shall not apply to the an amount of
  930  taxes in excess of equal to the amount that must be deposited
  931  into the community redevelopment trust fund by the entity
  932  granting the deferral based upon the taxable value of the
  933  property upon which the deferral is being granted. Once all
  934  instruments of indebtedness that existed at the time the
  935  deferral was originally granted are no longer outstanding or
  936  have otherwise been defeased, the provisions of this paragraph
  937  shall no longer applies apply.
  938         (c) If a portion of the taxes on a property were not
  939  eligible for deferral under because of the provisions of
  940  paragraph (b), the community redevelopment agency shall notify
  941  the property owner and the tax collector 1 year before the debt
  942  instruments that prevented the said taxes from being deferred
  943  are no longer outstanding or otherwise defeased.
  944         (d) The tax collector shall notify a community
  945  redevelopment agency of any tax deferral that has been granted
  946  on property located within the community redevelopment area of
  947  that agency.
  948         (e) Issuance of a debt obligation after the date a deferral
  949  has been granted does shall not reduce the amount of taxes
  950  eligible for deferral.
  951         Section 17. Section 197.3071, Florida Statutes, is
  952  transferred, renumbered as section 197.2526, Florida Statutes,
  953  and amended to read:
  954         197.2526 197.3071 Eligibility for tax deferral for
  955  affordable rental housing property.—The tax deferral authorized
  956  by s. 197.2524 applies this section is applicable only on a pro
  957  rata basis to the ad valorem taxes levied on residential units
  958  within a property which meet the following conditions:
  959         (1) Units for which the monthly rent along with taxes,
  960  insurance, and utilities does not exceed 30 percent of the
  961  median adjusted gross annual income as defined in s. 420.0004
  962  for the households described in subsection (2).
  963         (2) Units that are occupied by extremely-low-income
  964  persons, very-low-income persons, low-income persons, or
  965  moderate-income persons as these terms are defined in s.
  966  420.0004.
  967         Section 18. Section 197.254, Florida Statutes, is amended
  968  to read:
  969         197.254 Annual notification to taxpayer.—
  970         (1) The tax collector shall notify the taxpayer of each
  971  parcel appearing on the real property assessment roll of the
  972  right to defer payment of taxes and non-ad valorem assessments
  973  and interest on homestead property pursuant to s. 197.252.
  974  pursuant to ss. 197.242-197.312. Such notice shall be printed on
  975  the back of envelopes used for mailing the notice of taxes
  976  provided for by s. 197.322(3). Such notice of the right to defer
  977  payment of taxes and non-ad valorem assessments shall read:
  978  
  979                    NOTICE TO TAXPAYERS ENTITLED                   
  980                       TO HOMESTEAD EXEMPTION                      
  981  
  982         “If your income is low enough to meet certain conditions,
  983  you may qualify for a deferred tax payment plan on homestead
  984  property. An application to determine eligibility is available
  985  in the county tax collector’s office.”
  986         (2) On or before November 1 of each year, the tax collector
  987  shall notify each taxpayer to whom a tax deferral has been
  988  previously granted of the accumulated sum of deferred taxes,
  989  non-ad valorem assessments, and interest outstanding.
  990         Section 19. Section 197.262, Florida Statutes, is amended
  991  to read:
  992         197.262 Deferred payment tax certificates.—
  993         (1) The tax collector shall notify each local governing
  994  body of the amount of taxes and non-ad valorem assessments
  995  deferred which would otherwise have been collected for such
  996  governing body. The county shall then, At a the time of the tax
  997  certificate sale held pursuant to s. 197.432, the tax collector
  998  shall strike to the county each certificate on property for
  999  which taxes have been deferred off to the county. Certificates
 1000  issued pursuant to this section are exempt from the public sale
 1001  of tax certificates held pursuant to s. 197.432 or s. 197.4725.
 1002         (2) The certificates so held by the county shall bear
 1003  interest at a rate equal to the semiannually compounded rate of
 1004  0.5 percent plus the average yield to maturity of the long-term
 1005  fixed-income portion of the Florida Retirement System
 1006  investments as of the end of the quarter preceding the date of
 1007  the sale of the deferred payment tax certificates.; However, the
 1008  interest rate may not exceed 7 9.5 percent.
 1009         Section 20. Section 197.263, Florida Statutes, is amended
 1010  to read:
 1011         197.263 Change in ownership or use of property.—
 1012         (1) If In the event that there is a change in use or
 1013  ownership of tax-deferred property such that the owner is no
 1014  longer eligible for the tax deferral granted entitled to claim
 1015  homestead exemption for such property pursuant to s. 196.031(1),
 1016  or the owner such person fails to maintain the required fire and
 1017  extended insurance coverage, the total amount of deferred taxes
 1018  and interest for all previous years is shall be due and payable
 1019  November 1 of the year in which the change in use occurs or on
 1020  the date failure to maintain insurance occurs. Payment is and
 1021  shall be delinquent on April 1 of the year following the year in
 1022  which the change in use or failure to maintain insurance occurs.
 1023  However, if the change in ownership is to a surviving spouse and
 1024  the spouse is eligible to maintain the tax deferral on such
 1025  property, the surviving spouse may continue the deferment of
 1026  previously deferred taxes and interest pursuant to this chapter.
 1027         (2) In the event that there is a change in ownership of
 1028  tax-deferred property, the total amount of deferred taxes and
 1029  interest for all previous years shall be due and payable on the
 1030  date the change in ownership takes place and shall be delinquent
 1031  on April 1 following said date. When, however, the change in
 1032  ownership is to a surviving spouse and such spouse is eligible
 1033  to claim homestead exemption on such property pursuant to s.
 1034  196.031(1), such surviving spouse may continue the deferment of
 1035  previously deferred taxes and interest pursuant to the
 1036  provisions of this act.
 1037         (2)(3) Whenever the property appraiser discovers that there
 1038  has been a change in the ownership or use of property that which
 1039  has been granted a tax deferral, the property appraiser shall
 1040  notify the tax collector in writing of the date such change
 1041  occurs, and the tax collector shall collect any taxes,
 1042  assessments, and interest due or delinquent.
 1043         (3)(4) During any year in which the total amount of
 1044  deferred taxes, interest, assessments, and all other unsatisfied
 1045  liens on the homestead exceeds 85 percent of the just assessed
 1046  value of the homestead, the tax collector shall immediately
 1047  notify the owner of the property on which taxes and interest
 1048  have been deferred that the portion of taxes, and interest, and
 1049  assessments which exceeds 85 percent of the just assessed value
 1050  of the homestead is shall be due and payable within 30 days
 1051  after of receipt of the notice is sent. Failure to pay the
 1052  amount due causes shall cause the total amount of deferred
 1053  taxes, and interest, and assessments to become delinquent.
 1054         (4)(5) Each year, upon notification, each owner of property
 1055  on which taxes, and interest, and assessments have been deferred
 1056  shall submit to the tax collector a list of, and the current
 1057  value of, all outstanding liens on the owner’s homestead.
 1058  Failure to respond to this notification within 30 days causes
 1059  shall cause the total amount of deferred taxes, and interest,
 1060  and assessments to become payable within 30 days.
 1061         (5)(6)If In the event deferred taxes, interest, and
 1062  assessments become delinquent under this chapter, then on or
 1063  before June 1 following the date the taxes become delinquent,
 1064  the tax collector shall sell a tax certificate for the
 1065  delinquent taxes, and interest, and assessments in the manner
 1066  provided by s. 197.432.
 1067         Section 21. Section 197.272, Florida Statutes, is amended
 1068  to read:
 1069         197.272 Prepayment of deferred taxes.—
 1070         (1) All or part of the deferred taxes and accrued interest
 1071  may at any time be paid to the tax collector. by:
 1072         (a) The owner of the property or the spouse of the owner.
 1073         (b) The next of kin of the owner, heir of the owner, child
 1074  of the owner, or any person having or claiming a legal or
 1075  equitable interest in the property, provided no objection is
 1076  made by the owner within 30 days after the tax collector
 1077  notifies the owner of the fact that such payment has been
 1078  tendered.
 1079         (2) Any partial payment that is less than the total amount
 1080  due must be equal to the amount of the deferred taxes, interest,
 1081  and assessments, and the payment must be for 1 or more full
 1082  years made pursuant to this section shall be applied first to
 1083  accrued interest.
 1084         Section 22. Section 197.282, Florida Statutes, is amended
 1085  to read:
 1086         197.282 Distribution of payments.—When any deferred taxes,
 1087  assessments, or interest is collected, the tax collector shall
 1088  maintain a record of the payment, setting forth a description of
 1089  the property and the amount of taxes or interest collected for
 1090  such property. The tax collector shall distribute payments
 1091  received in accordance with the procedures for distribution of
 1092  ad valorem taxes, non-ad valorem assessments, or redemption
 1093  moneys as prescribed in this chapter.
 1094         Section 23. Section 197.292, Florida Statutes, is amended
 1095  to read:
 1096         197.292 Construction.—Nothing in This chapter does not: act
 1097  shall be construed to prevent
 1098         (1)Prohibit the collection of personal property taxes that
 1099  which become a lien against tax-deferred property;,
 1100         (2) Defer payment of special assessments to benefited
 1101  property other than those specifically allowed to be deferred;,
 1102  or
 1103         (3) Affect any provision of any mortgage or other
 1104  instrument relating to property requiring a person to pay ad
 1105  valorem taxes or non-ad valorem assessments.
 1106         Section 24. Section 197.301, Florida Statutes, is amended
 1107  to read:
 1108         197.301 Penalties.—
 1109         (1) The following penalties shall be imposed on any person
 1110  who willfully files incorrect information for a tax deferral
 1111  required under s. 197.252 or s. 197.263 which is incorrect:
 1112         (a) The Such person shall pay the total amount of deferred
 1113  taxes and non-ad valorem assessments subject to collection
 1114  pursuant to the uniform method of collection set forth in s.
 1115  197.3632, and interest deferred, which amount shall immediately
 1116  become due.;
 1117         (b) The Such person shall be disqualified from filing a
 1118  homestead tax deferral application for the next 3 years.; and
 1119         (c) The Such person shall pay a penalty of 25 percent of
 1120  the total amount of deferred taxes, non-ad valorem assessments
 1121  subject to collection pursuant to the uniform method of
 1122  collection set forth in s. 197.3632, and interest deferred.
 1123         (2) Any person against whom the penalties prescribed in
 1124  this section have been imposed may appeal the penalties imposed
 1125  to the value adjustment board within 30 days after the said
 1126  penalties are imposed.
 1127         Section 25. Section 197.312, Florida Statutes, is amended
 1128  to read:
 1129         197.312 Payment by mortgagee.—If any mortgagee elects shall
 1130  elect to pay the taxes when an applicant qualifies for tax
 1131  deferral, then such election does shall not give the mortgagee
 1132  the right to foreclose.
 1133         Section 26. Section 197.322, Florida Statutes, is amended
 1134  to read:
 1135         197.322 Delivery of ad valorem tax and non-ad valorem
 1136  assessment rolls; notice of taxes; publication and mail.—
 1137         (1) The property appraiser shall deliver to the tax
 1138  collector the certified assessment roll along with his or her
 1139  warrant and recapitulation sheet.
 1140         (2) The tax collector shall on November 1, or as soon as
 1141  the assessment roll is open for collection, publish a notice in
 1142  a local newspaper that the tax roll is open for collection.
 1143         (3) Within 20 working days after receipt of the certified
 1144  ad valorem tax roll and the non-ad valorem assessment rolls, the
 1145  tax collector shall send mail to each taxpayer appearing on such
 1146  said rolls, whose post office address is known to him or her, a
 1147  tax notice stating the amount of current taxes due, from the
 1148  taxpayer and, if applicable, the fact that back taxes remain
 1149  unpaid and advising the taxpayer of the discounts allowed for
 1150  early payment, and that delinquent taxes are outstanding, if
 1151  applicable. Pursuant to s. 197.3632, the form of the notice of
 1152  non-ad valorem assessments and notice of ad valorem taxes shall
 1153  be in the form specified as provided in s. 197.3635 and no other
 1154  form shall be used, notwithstanding the provisions of s.
 1155  195.022. The tax collector may send such notice electronically
 1156  or by postal mail. Electronic transmission may be used only with
 1157  the express consent of the property owner. Electronic
 1158  transmission of tax notices may be sent earlier but may not be
 1159  sent later than the postal mailing of the notices. If the notice
 1160  of taxes is sent electronically and is returned as
 1161  undeliverable, a second notice must be sent. However, the
 1162  original electronic transmission used with the consent of the
 1163  property owner is the official mailing for purpose of this
 1164  section. A discount period may not be extended due to a tax bill
 1165  being returned as undeliverable electronically or by postal
 1166  mail. The postage for mailing or the cost of electronic
 1167  transmission shall be paid out of the general fund of each local
 1168  governing board, upon statement of the amount thereof by the tax
 1169  collector.
 1170         Section 27. Section 197.332, Florida Statutes, is amended
 1171  to read:
 1172         197.332 Duties of tax collectors; branch offices.—
 1173         (1) The tax collector has the authority and obligation to
 1174  collect all taxes as shown on the tax roll by the date of
 1175  delinquency or to collect delinquent taxes, interest, and costs,
 1176  by sale of tax certificates on real property and by seizure and
 1177  sale of personal property. In exercising their powers to
 1178  contract, the tax collector may perform such duties by use of
 1179  contracted services or products or by electronic means. The use
 1180  of contracted services, products, or vendors does not diminish
 1181  the responsibility or liability of the tax collector to perform
 1182  such duties pursuant to law. The tax collector may shall be
 1183  allowed to collect the cost of contracted services and
 1184  reasonable attorney’s fees and court costs in actions on
 1185  proceedings to recover delinquent taxes, interest, and costs.
 1186         (2) A county tax collector may establish one or more branch
 1187  offices by acquiring title to real property or by lease
 1188  agreement. The tax collector may hire staff and equip such
 1189  branch offices to conduct state business, or, if authorized to
 1190  do so by resolution of the county governing body, conduct county
 1191  business pursuant to s. 1(k), Art. VIII of the State
 1192  Constitution. The department shall rely on the tax collector’s
 1193  determination that a branch office is necessary and shall base
 1194  its approval of the tax collector’s budget in accordance with
 1195  the procedures of s. 195.087(2).
 1196         Section 28. Section 197.343, Florida Statutes, is amended
 1197  to read:
 1198         197.343 Tax notices; additional notice required.—
 1199         (1) An additional tax notice shall be sent, electronically
 1200  or by postal mail, mailed by April 30 to each taxpayer whose
 1201  payment has not been received. Electronic transmission of the
 1202  additional tax notice may be used only with the express consent
 1203  of the property owner. If the electronic transmission is
 1204  returned as undeliverable, a second notice must be sent.
 1205  However, the original electronic transmission used with the
 1206  consent of the property owner is the official notice for the
 1207  purposes of this subsection. The notice shall include a
 1208  description of the property and a statement that if the taxes
 1209  are not paid:
 1210         (a) For real property, a tax certificate may be sold; and
 1211         (b) For tangible personal property, the property may be
 1212  sold the following statement: If the taxes for ...(year)... on
 1213  your property are not paid in full, a tax certificate will be
 1214  sold for the delinquent taxes, and your property may be sold at
 1215  a future date. Contact the tax collector’s office at once.
 1216         (2) A duplicate of the additional tax notice required by
 1217  subsection (1) shall be mailed to a condominium unit owner’s
 1218  condominium association or to a mobile home owner’s homeowners’
 1219  association as defined in s. 723.075 if the association has
 1220  filed with the tax collector a written request and included a
 1221  description of the land. The tax collector is authorized to
 1222  charge a reasonable fee for the cost of this service.
 1223         (2)(3) When the taxes under s. 193.481 on subsurface rights
 1224  have become delinquent and a tax certificate is to be sold under
 1225  this chapter, a notice of the delinquency shall be sent given by
 1226  first-class mail to the owner of the fee to which these
 1227  subsurface rights are attached. The additional notice may be
 1228  transmitted electronically only with the express consent of the
 1229  fee owner. If the electronic transmission is returned as
 1230  undeliverable, a second notice must be sent. However, the
 1231  original electronic transmission used with the consent of the
 1232  property owner is the official notice for the purposes of this
 1233  subsection. On the day of the tax sale, the fee owner shall have
 1234  the right to purchase the tax certificate at the maximum rate of
 1235  interest provided by law before bids are accepted for the sale
 1236  of such certificate.
 1237         (3)(4) The tax collector shall send mail such additional
 1238  notices as he or she considers proper and necessary or as may be
 1239  required by reasonable rules of the department. An additional
 1240  notice may be transmitted electronically only with the express
 1241  consent of the property owner. If the notice of taxes is sent
 1242  electronically and is returned as undeliverable, a second notice
 1243  shall be sent. However, an original electronic transmission used
 1244  with the consent of the property owner is the official mailing
 1245  for purpose of this section.
 1246         Section 29. Subsections (1) and (2) of section 197.344,
 1247  Florida Statutes, are amended to read:
 1248         197.344 Lienholders; receipt of notices and delinquent
 1249  taxes.—
 1250         (1) When requested in writing, a tax notice shall be sent
 1251  mailed according to the following procedures:
 1252         (a) Upon request by any taxpayer who is aged 60 years old
 1253  or older over, the tax collector shall send mail the tax notice
 1254  to a third party designated by the taxpayer. A duplicate copy of
 1255  the notice shall be sent mailed to the taxpayer.
 1256         (b) Upon request by a mortgagee stating that the mortgagee
 1257  is the trustee of an escrow account for ad valorem taxes due on
 1258  the property, the tax notice shall be sent mailed to such
 1259  trustee. When the original tax notice is sent mailed to such
 1260  trustee, the tax collector shall send mail a duplicate notice to
 1261  the owner of the property with the additional statement that the
 1262  original has been sent to the trustee.
 1263         (c) Upon request by a vendee of an unrecorded or recorded
 1264  contract for deed, the tax collector shall send mail a duplicate
 1265  notice to such vendee.
 1266  
 1267  The tax collector may establish cutoff dates, periods for
 1268  updating the list, and any other reasonable requirements to
 1269  ensure that the tax notices are sent mailed to the proper party
 1270  on time. Notices shall be sent electronically or by postal mail.
 1271  However, electronic transmission may be used only with the
 1272  express consent of the person making the request. If the
 1273  electronic transmission is returned as undeliverable, a second
 1274  notice must be sent. However, the original electronic
 1275  transmission used with the consent of the requester is the
 1276  official notice for the purpose of this subsection.
 1277         (2) On or before May 1 of each year, the holder or
 1278  mortgagee of an unsatisfied mortgage, lienholder, or vendee
 1279  under a contract for deed, upon filing with the tax collector a
 1280  description of property land so encumbered and paying a service
 1281  charge of $2, may request and receive information concerning any
 1282  delinquent taxes appearing on the current tax roll and
 1283  certificates issued on the described property land. Upon receipt
 1284  of such request, the tax collector shall furnish the following
 1285  information within 60 days following the tax certificate sale:
 1286         (a) The description of property on which certificates were
 1287  sold.
 1288         (b) The number of each certificate issued and to whom.
 1289         (c) The face amount of each certificate.
 1290         (d) The cost for redemption of each certificate.
 1291         Section 30. Section 197.3635, Florida Statutes, is amended
 1292  to read:
 1293         197.3635 Combined notice of ad valorem taxes and non-ad
 1294  valorem assessments; requirements.—A form for the combined
 1295  notice of ad valorem taxes and non-ad valorem assessments shall
 1296  be produced and paid for by the tax collector. The form shall
 1297  meet the requirements of this section and department rules and
 1298  is shall be subject to approval by the department. By rule, the
 1299  department shall provide a format for the form of such combined
 1300  notice. The form shall meet the following requirements:
 1301         (1) It shall Contain the title “Notice of Ad Valorem Taxes
 1302  and Non-ad Valorem Assessments.” The form It shall also contain
 1303  a receipt part that can be returned along with the payment to
 1304  the tax collector.
 1305         (2) It shall provide a clear partition between ad valorem
 1306  taxes and non-ad valorem assessments. Such partition shall be a
 1307  bold horizontal line approximately 1/8 inch thick.
 1308         (2)(3)Within the ad valorem part, it shall Contain the
 1309  heading “Ad Valorem Taxes.within the ad valorem part and
 1310  Within the non-ad valorem assessment part, it shall contain the
 1311  heading “Non-ad Valorem Assessments.within the non-ad valorem
 1312  assessment part.
 1313         (3)(4)It shall Contain the county name, the assessment
 1314  year, the mailing address of the tax collector, the mailing
 1315  address of one property owner, the legal description of the
 1316  property to at least 25 characters, and the unique parcel or tax
 1317  identification number of the property.
 1318         (4)(5)It shall Provide for the labeled disclosure of the
 1319  total amount of combined levies and the total discounted amount
 1320  due each month when paid in advance.
 1321         (5)(6)It shall Provide a field or portion on the front of
 1322  the notice for official use for data to reflect codes useful to
 1323  the tax collector.
 1324         (6)(7)Provide for the combined notice to shall be set in
 1325  type that which is 8 points or larger.
 1326         (7)(8)The ad valorem part shall Contain within the ad
 1327  valorem part the following:
 1328         (a) A schedule of the assessed value, exempted value, and
 1329  taxable value of the property.
 1330         (b) Subheadings for columns listing taxing authorities,
 1331  corresponding millage rates expressed in dollars and cents per
 1332  $1,000 of taxable value, and the associated tax.
 1333         (c) A listing of taxing authorities listed in the same
 1334  sequence and manner as listed on the notice required by s.
 1335  200.069(4)(a), with the exception that independent special
 1336  districts, municipal service taxing districts, and voted debt
 1337  service millages for each taxing authority shall be listed
 1338  separately. If a county has too many municipal service taxing
 1339  units to list separately, it shall combine them to disclose the
 1340  total number of such units and the amount of taxes levied.
 1341         (8)(9)Contain within the non-ad valorem assessment part,
 1342  it shall contain the following:
 1343         (a) Subheadings for columns listing the levying
 1344  authorities, corresponding assessment rates expressed in dollars
 1345  and cents per unit of assessment, and the associated assessment
 1346  amount.
 1347         (b) The purpose of the assessment, if the purpose is not
 1348  clearly indicated by the name of the levying authority.
 1349         (c) A listing of the levying authorities in the same order
 1350  as in the ad valorem part to the extent practicable. If a county
 1351  has too many municipal service benefit units to list separately,
 1352  it shall combine them by function.
 1353         (9)(10)It shall Provide instructions and useful
 1354  information to the taxpayer. Such information and instructions
 1355  shall be nontechnical to minimize confusion. The information and
 1356  instructions required by this section shall be provided by
 1357  department rule and shall include:
 1358         (a) Procedures to be followed when the property has been
 1359  sold or conveyed.
 1360         (b) Instruction as to mailing the remittance and receipt
 1361  along with a brief disclosure of the availability of discounts.
 1362         (c) Notification about delinquency and interest for
 1363  delinquent payment.
 1364         (d) Notification that failure to pay the amounts due will
 1365  result in a tax certificate being issued against the property.
 1366         (e) A brief statement outlining the responsibility of the
 1367  tax collector, the property appraiser, and the taxing
 1368  authorities. This statement shall be accompanied by directions
 1369  as to which office to contact for particular questions or
 1370  problems.
 1371         Section 31. Subsections (2) and (4) of section 197.373,
 1372  Florida Statutes, are amended to read:
 1373         197.373 Payment of portion of taxes.—
 1374         (2) The request must be made at least 45 15 days before
 1375  prior to the tax certificate sale.
 1376         (4) This section does not apply to assessments and
 1377  collections relating to fee timeshare real property made
 1378  pursuant to the provisions of s. 192.037.
 1379         Section 32. Subsections (1) and (3) of section 197.402,
 1380  Florida Statutes, are amended to read:
 1381         197.402 Advertisement of real or personal property with
 1382  delinquent taxes.—
 1383         (1) If Whenever legal advertisements are required, the
 1384  board of county commissioners shall select the newspaper as
 1385  provided in chapter 50. The office of the tax collector shall
 1386  pay all newspaper charges, and the proportionate cost of the
 1387  advertisements shall be added to the delinquent taxes when they
 1388  are collected.
 1389         (3) Except as provided in s. 197.432(4), on or before June
 1390  1 or the 60th day after the date of delinquency, whichever is
 1391  later, the tax collector shall advertise once each week for 3
 1392  weeks and shall sell tax certificates on all real property
 1393  having with delinquent taxes. If the deadline falls on a
 1394  Saturday, Sunday, or legal holiday, it is extended to the next
 1395  working day. The tax collector shall make a list of such
 1396  properties in the same order in which the property was lands
 1397  were assessed, specifying the amount due on each parcel,
 1398  including interest at the rate of 18 percent per year from the
 1399  date of delinquency to the date of sale; the cost of
 1400  advertising; and the expense of sale. For sales that commence on
 1401  or after June 1, all certificates shall be issued effective as
 1402  of the date of the first day of the sale and the interest to be
 1403  paid to the certificateholder shall include the month of June.
 1404         Section 33. Section 197.403, Florida Statutes, is amended
 1405  to read:
 1406         197.403 Publisher to furnish copy of advertisement to tax
 1407  collector; Proof of publication; fees.—The newspaper publishing
 1408  the notice of a tax sale shall furnish transmit by mail a copy
 1409  of the paper containing each notice to the tax collector within
 1410  10 days after the last required publication. When the
 1411  publication of the tax sale notice is completed as provided by
 1412  law, the publisher shall make an affidavit, in the form
 1413  prescribed by the department, which shall be delivered to the
 1414  tax collector and annexed to the report of certificates sold for
 1415  taxes as provided by s. 197.432(9) s. 197.432(8).
 1416         Section 34. Subsections (5) and (10) of section 197.413,
 1417  Florida Statutes, are amended to read:
 1418         197.413 Delinquent personal property taxes; warrants; court
 1419  order for levy and seizure of personal property; seizure; fees
 1420  of tax collectors.—
 1421         (5) Upon the filing of the such petition, the clerk of the
 1422  court shall notify each delinquent taxpayer listed in the
 1423  petition that a petition has been filed and that, upon
 1424  ratification and confirmation of the petition, the tax collector
 1425  may will be authorized to issue warrants and levy upon, seize,
 1426  and sell so much of the personal property as to satisfy the
 1427  delinquent taxes, plus costs, interest, attorney’s fees, and
 1428  other charges. The Such notice shall be given by certified mail,
 1429  return receipt requested. If the clerk of court and the tax
 1430  collector agree, the tax collector may provide the notice.
 1431         (10) The tax collector is entitled to a fee of $10 $2 from
 1432  each delinquent taxpayer at the time delinquent taxes are
 1433  collected. The tax collector is entitled to receive an
 1434  additional $8 for each warrant issued.
 1435         Section 35. Section 197.414, Florida Statutes, is amended
 1436  to read:
 1437         197.414 Tax collector to keep Record of warrants and levies
 1438  on tangible personal property.—The tax collector shall keep a
 1439  record of all warrants and levies made under this chapter and
 1440  shall note on such record the date of payment, the amount of
 1441  money, if any, received, and the disposition thereof made by him
 1442  or her. Such record shall be known as “the tangible personal
 1443  property tax warrant register.and the form thereof shall be
 1444  prescribed by the Department of Revenue. The warrant register
 1445  may be maintained in paper or electronic form.
 1446         Section 36. Section 197.4155, Florida Statutes, is amended
 1447  to read:
 1448         197.4155 Delinquent personal property taxes; installment
 1449  payment program.—
 1450         (1) A county tax collector may implement a an installment
 1451  payment program for the payment of delinquent personal property
 1452  taxes. If implemented, the program must be available, upon
 1453  application to the tax collector, to each delinquent personal
 1454  property taxpayer whose delinquent personal property taxes
 1455  exceed $1,000. The tax collector shall require each taxpayer who
 1456  requests to participate in the program to submit an application
 1457  on a form prescribed by the tax collector which, at a minimum,
 1458  must include the name, address, a description of the property
 1459  subject to personal property taxes, and the amount of the
 1460  personal property taxes owed by the taxpayer.
 1461         (2) Within 10 days after a taxpayer who owes delinquent
 1462  personal property taxes submits the required application, the
 1463  tax collector may shall prescribe a an installment payment plan
 1464  for the full payment of the taxpayer’s delinquent personal
 1465  property taxes, including any delinquency charges, interest, and
 1466  costs allowed by this chapter. The plan must be in writing and
 1467  must be delivered to the taxpayer after it is prescribed. When
 1468  At the time the plan is developed, the tax collector may
 1469  consider a taxpayer’s current and anticipated future ability to
 1470  pay over the time period of a potential installment payment
 1471  plan. The plan must provide that if the taxpayer does not follow
 1472  the payment terms or fails to timely file returns or pay current
 1473  obligations after the date of the payment plan, the taxpayer is
 1474  will be considered delinquent under the terms of the plan, and
 1475  any unpaid balance of tax, penalty, or interest scheduled in the
 1476  payment plan will be due and payable immediately. The plan must
 1477  also provide that unpaid tax amounts bear interest as provided
 1478  by law. In prescribing a such an installment payment plan, the
 1479  tax collector may exercise flexibility as to the dates, amounts,
 1480  and number of payments required to collect all delinquent
 1481  personal property taxes owed by the taxpayer, except that the
 1482  plan must provide for the full satisfaction of all amounts owed
 1483  by the taxpayer within by no later than 3 years after the due
 1484  date of the first payment under the plan.
 1485         (3) If a tax warrant is issued under s. 197.413 against a
 1486  delinquent taxpayer who is participating in an installment
 1487  payment plan under this section, the tax warrant is
 1488  unenforceable as long as the taxpayer is neither delinquent
 1489  under the terms of the installment payment plan nor attempting
 1490  to remove or dispose of the personal property that is subject to
 1491  the tax warrant.
 1492         (4) If the amounts due under the installment payment plan
 1493  are not paid in full in accordance with the terms of the plan,
 1494  the tax collector may use all enforcement methods available
 1495  under the law.
 1496         Section 37. Section 197.416, Florida Statutes, is amended
 1497  to read:
 1498         197.416 Continuing duty of the tax collector to collect
 1499  delinquent tax warrants; limitation of actions.—It is shall be
 1500  the duty of the tax collector issuing a tax warrant for the
 1501  collection of delinquent tangible personal property taxes to
 1502  continue from time to time his or her efforts to collect such
 1503  taxes for a period of 7 years after from the date of the
 1504  ratification issuance of the warrant. After the expiration of 7
 1505  years, the warrant is will be barred by this statute of
 1506  limitation, and no action may be maintained in any court. A tax
 1507  collector or his or her successor is shall not be relieved of
 1508  accountability for collection of any taxes assessed on tangible
 1509  personal property until he or she has completely performed every
 1510  duty devolving upon the tax collector as required by law.
 1511         Section 38. Subsection (1) of section 197.417, Florida
 1512  Statutes, is amended to read:
 1513         197.417 Sale of personal property after seizure.—
 1514         (1) When personal property is levied upon for delinquent
 1515  taxes as provided for in s. 197.413, at least 7 15 days before
 1516  the sale the tax collector shall give public notice by
 1517  advertisement of the time and place of sale of the property to
 1518  be sold. The notice shall be posted in at least two three public
 1519  places in the county, one of which shall be at the courthouse,
 1520  and the property shall be sold at public auction at the location
 1521  noted in the advertisement. Notice posted on the Internet
 1522  qualifies as one location. The property sold shall be present if
 1523  practical. If the sale is conducted electronically, a
 1524  description of the property and a photograph, when practical,
 1525  shall be available. At any time before the sale the owner or
 1526  claimant of the property may release the property by the payment
 1527  of the taxes, plus delinquent charges, interest, and costs, for
 1528  which the property was liable to be sold. In all cases,
 1529  immediate payment for the property shall be required. In case
 1530  such a sale is made, the tax collector is shall be entitled to
 1531  the same fees and charges as are allowed sheriffs upon execution
 1532  sales.
 1533         Section 39. Section 197.432, Florida Statutes, is amended
 1534  to read:
 1535         197.432 Sale of tax certificates for unpaid taxes.—
 1536         (1) On the day and approximately at the time designated in
 1537  the notice of the sale, the tax collector shall commence the
 1538  sale of tax certificates on the real property those lands on
 1539  which taxes have not been paid. The tax collector, and he or she
 1540  shall continue the sale from day to day until each certificate
 1541  is sold to pay the taxes, interest, costs, and charges on the
 1542  parcel described in the certificate. In case there are no
 1543  bidders, the certificate shall be issued to the county. The tax
 1544  collector shall offer all certificates on the property lands as
 1545  they are listed on the tax roll assessed. The tax collector may
 1546  conduct the sale of tax certificates for unpaid taxes pursuant
 1547  to this section by electronic means, which may allow for proxy
 1548  bidding. Such electronic means must comply with the procedures
 1549  provided in this chapter. A tax collector who chooses to conduct
 1550  such electronic sales may receive electronic deposits and
 1551  payments related to the tax certificate sale.
 1552         (2) A lien created through the sale of a tax certificate
 1553  may not be enforced in any manner except as prescribed in this
 1554  chapter.
 1555         (3) If the Delinquent real property taxes on a real
 1556  property and all interest, costs, and charges are paid before a
 1557  tax certificate is awarded to a buyer or struck to the county,
 1558  the tax collector may not issue the tax certificate of all
 1559  governmental units due on a parcel of land in any one year shall
 1560  be combined into one certificate. After a tax certificate is
 1561  awarded to a buyer or struck to the county, the delinquent
 1562  taxes, interest, costs, and charges are paid by the redemption
 1563  of the tax certificate.
 1564         (4) A tax certificate representing less than $250 $100 in
 1565  delinquent taxes on property that has been granted a homestead
 1566  exemption for the year in which the delinquent taxes were
 1567  assessed may not be sold at public auction or by electronic sale
 1568  as provided in subsection (1) (16) but must shall be issued by
 1569  the tax collector to the county at the maximum rate of interest
 1570  allowed by this chapter. The provisions of s. 197.4725 or s.
 1571  197.502(3) may shall not be invoked if as long as the homestead
 1572  exemption is granted to the person who received the homestead
 1573  exemption for the year in which the tax certificate was issued.
 1574  However, if when all such tax certificates and accrued interest
 1575  thereon represent an amount of $250 $100 or more, the provisions
 1576  of s. 197.502(3) shall be used to determine whether the county
 1577  must apply for a tax deed shall be invoked.
 1578         (5)A tax certificate that has not been sold on property
 1579  for which a tax deed application is pending shall be struck to
 1580  the county.
 1581         (6)(5) Each certificate shall be awarded struck off to the
 1582  person who will pay the taxes, interest, costs, and charges and
 1583  will demand the lowest rate of interest, not in excess of the
 1584  maximum rate of interest allowed by this chapter. The tax
 1585  collector shall accept bids in even increments and in fractional
 1586  interest rate bids of one-quarter of 1 percent only. If multiple
 1587  bidders offer the same lowest rate of interest, the tax
 1588  collector shall determine the method of selecting the bidder to
 1589  whom the certificate will be awarded. Acceptable methods include
 1590  the bid received first or use of a random-number generator. If a
 1591  certificate is not purchased there is no buyer, the certificate
 1592  shall be struck issued to the county at the maximum rate of
 1593  interest allowed by this chapter.
 1594         (7)(6) The tax collector may shall require immediate
 1595  payment of a reasonable deposit from any person who wishes to
 1596  bid for a tax certificate. A person who fails or refuses to pay
 1597  any bid made by, or on behalf of, such person him or her is not
 1598  entitled to bid or have any other bid accepted or enforced
 1599  except as authorized by the tax collector until a new deposit of
 1600  100 percent of the amount of estimated purchases has been paid
 1601  to the tax collector. When tax certificates are ready for
 1602  issuance, The tax collector shall provide written or electronic
 1603  notice when certificates are notify each person to whom a
 1604  certificate was struck off that the certificate is ready for
 1605  issuance. and Payment must be made within 48 hours after from
 1606  the transmission of the electronic notice by the tax collector
 1607  or mailing of such notice or, at the tax collector’s discretion,
 1608  all or a portion of the deposit placed by the bidder may be the
 1609  deposit shall be forfeited and the bid canceled. In any event,
 1610  Payment must shall be made before the issuance delivery of the
 1611  certificate by the tax collector. If the tax collector
 1612  determines that payment has been requested in error, the tax
 1613  collector shall issue a refund within 15 business days after
 1614  such payment.
 1615         (8)(7)The form of the certificate shall be as prescribed
 1616  by the department. Upon the cancellation of a any bid:, the tax
 1617  collector shall resell that certificate the following day or as
 1618  soon thereafter as possible, provided the certificate is sold
 1619  within 10 days after cancellation of such bid.
 1620         (a) If the sale has not been adjourned, the tax collector
 1621  shall reoffer the certificate for sale.
 1622         (b) If the sale has been adjourned, the tax collector shall
 1623  reoffer the certificate at a subsequent sale. Before the
 1624  subsequent sale, the parcels must be readvertised pursuant to s.
 1625  197.402(3).
 1626         (9)(8) The tax collector shall maintain records make a list
 1627  of all the certificates sold for taxes, showing the date of the
 1628  sale, the number of each certificate, the name of the owner as
 1629  returned, a description of the property land within the
 1630  certificate, the name of the purchaser, the interest rate bid,
 1631  and the amount for which sale was made. Such records may be
 1632  maintained electronically and shall This list shall be cited
 1633  known as the “list of tax certificates sold.” The tax collector
 1634  shall append to the list a certificate setting forth the fact
 1635  that the sale was made in accordance with this chapter.
 1636         (10)(9) A certificate may not be sold on, and a nor is any
 1637  lien is not created in, property owned by any governmental unit
 1638  the property of which has become subject to taxation due to
 1639  lease of the property to a nongovernmental lessee. The
 1640  delinquent taxes shall be enforced and collected in the manner
 1641  provided in s. 196.199(8). However, the ad valorem real property
 1642  taxes levied on a leasehold that is taxed as real property under
 1643  s. 196.199(2)(b), and for which no rental payments are due under
 1644  the agreement that created the leasehold or for which payments
 1645  required under the original leasehold agreement have been waived
 1646  or prohibited by law before January 1, 1993, must be paid by the
 1647  lessee. If the taxes are unpaid, the delinquent taxes become a
 1648  lien on the leasehold and may be collected and enforced under
 1649  this chapter.
 1650         (11)(10) Any tax certificates that issued pursuant to this
 1651  section after January 1, 1977, which are void due to an error of
 1652  the property appraiser, the tax collector, or the taxing or
 1653  levying authority any other county official, or any municipal
 1654  official and which are subsequently canceled, or which are
 1655  corrected or amended, pursuant to this chapter or chapter 196,
 1656  shall earn interest at the rate of 8 percent per year, simple
 1657  interest, or the rate of interest bid at the tax certificate
 1658  sale, whichever is less, calculated monthly from the date the
 1659  certificate was purchased until the date the tax collector
 1660  issues the refund is ordered. Refunds made on tax certificates
 1661  that are corrected or void shall be processed pursuant to in
 1662  accordance with the procedure set forth in s. 197.182, except
 1663  that the 4-year time period provided for in s. 197.182(1)(e) s.
 1664  197.182(1)(c) does not apply to or bar refunds resulting from
 1665  correction or cancellation of certificates and release of tax
 1666  deeds as authorized herein.
 1667         (12)(11)When tax certificates are advertised for sale, The
 1668  tax collector is shall be entitled to a commission of 5 percent
 1669  on the amount of the delinquent taxes and interest when a tax
 1670  certificate is sold actual sale is made. The commission must be
 1671  included in the face value of the certificate. However, the tax
 1672  collector is shall not be entitled to a any commission for a
 1673  certificate that is struck the sale of certificates made to the
 1674  county until the certificate is redeemed or purchased commission
 1675  is paid upon the redemption or sale of the tax certificates. If
 1676  When a tax deed is issued to the county, the tax collector may
 1677  shall not receive his or her commission for the certificates
 1678  until after the property is sold and conveyed by the county.
 1679         (12) All tax certificates issued to the county shall be
 1680  held by the tax collector of the county where the lands covered
 1681  by the certificates are located.
 1682         (13) Delinquent taxes on real property may be paid after
 1683  the date of delinquency but prior to the sale of a tax
 1684  certificate by paying all costs, advertising charges, and
 1685  interest.
 1686         (13)(14) The holder of a tax certificate may not directly,
 1687  through an agent, or otherwise initiate contact with the owner
 1688  of property upon which he or she holds a tax certificate to
 1689  encourage or demand payment until 2 years after have elapsed
 1690  since April 1 of the year of issuance of the tax certificate.
 1691         (14)(15) Any holder of a tax certificate who, prior to the
 1692  date 2 years after April 1 of the year of issuance of the tax
 1693  certificate, initiates, or whose agent initiates, contact with
 1694  the property owner upon which he or she holds a certificate
 1695  encouraging or demanding payment may be barred by the tax
 1696  collector from bidding at a tax certificate sale. Unfair or
 1697  deceptive contact by the holder of a tax certificate to a
 1698  property owner to obtain payment is an unfair and deceptive
 1699  trade practice, as referenced in s. 501.204(1), regardless of
 1700  whether the tax certificate is redeemed. Such unfair or
 1701  deceptive contact is actionable under ss. 501.2075-501.211. If
 1702  the property owner later redeems the certificate in reliance on
 1703  the deceptive or unfair practice, the unfair or deceptive
 1704  contact is actionable under applicable laws prohibiting fraud.
 1705         (16) The county tax collector may conduct the sale of tax
 1706  certificates for unpaid taxes pursuant to this section by
 1707  electronic means. Such electronic sales shall comply with the
 1708  procedures provided in this chapter. The tax collector shall
 1709  provide access to such electronic sale by computer terminals
 1710  open to the public at a designated location. A tax collector who
 1711  chooses to conduct such electronic sales may receive electronic
 1712  deposits and payments related to the tax certificate sale.
 1713         Section 40. Section 197.4325, Florida Statutes, is amended
 1714  to read:
 1715         197.4325 Procedure when checks received for payment of
 1716  taxes or tax certificates is are dishonored.—
 1717         (1)(a) Within 10 days after a payment for taxes check
 1718  received by the tax collector for payment of taxes is
 1719  dishonored, the tax collector shall notify the payor maker of
 1720  the check that the payment check has been dishonored. If the
 1721  official receipt is canceled for nonpayment, the tax collector
 1722  shall cancel the official receipt issued for the dishonored
 1723  check and shall make an entry on the tax roll that the receipt
 1724  was canceled because of a dishonored payment check. Where
 1725  practicable, The tax collector may shall make a reasonable
 1726  effort to collect the moneys due before canceling the receipt.
 1727         (b) The tax collector shall retain a copy of the canceled
 1728  tax receipt and the dishonored check for the period of time
 1729  required by law.
 1730         (2)(a)If When a payment check received by the tax
 1731  collector for the purchase of a tax certificate is dishonored
 1732  and: the certificate has not been delivered to the bidder, the
 1733  tax collector shall retain the deposit and resell the tax
 1734  certificate. If the certificate has been delivered to the
 1735  bidder, the tax collector shall notify the department, and, upon
 1736  approval by the department, the certificate shall be canceled
 1737  and resold.
 1738         (b) When a bidder’s deposit is forfeited, the tax collector
 1739  shall retain the deposit and resell the tax certificate.
 1740         (a)1.If The tax certificate sale has been adjourned, the
 1741  tax collector shall readvertise the tax certificate to be
 1742  resold. If When the bidder’s deposit is forfeited and the
 1743  certificate is readvertised, the deposit shall be used to pay
 1744  the advertising fees before other costs or charges are imposed.
 1745  Any portion of the bidder’s forfeit deposit that remains after
 1746  advertising and other costs or charges have been paid shall be
 1747  deposited by the tax collector into his or her official office
 1748  account. If the tax collector fails to require a deposit and tax
 1749  certificates are resold, the advertising charges required for
 1750  the second sale may shall not be added to the face value of the
 1751  tax certificate.
 1752         (b)2.If The tax certificate sale has not been adjourned,
 1753  the tax collector shall cancel the previous bid pursuant to s.
 1754  197.432(8)(a) and reoffer the certificate for sale add the
 1755  certificates to be resold to the sale list and continue the sale
 1756  until all tax certificates are sold.
 1757         Section 41. Subsection (2) of section 197.442, Florida
 1758  Statutes, is amended to read:
 1759         197.442 Tax collector not to sell certificates on land on
 1760  which taxes have been paid; penalty.—
 1761         (2) The office of the tax collector shall be responsible to
 1762  the publisher for costs of advertising property lands on which
 1763  the taxes have been paid, and the office of the property
 1764  appraiser shall be responsible to the publisher for the costs of
 1765  advertising property lands doubly assessed or assessed in error.
 1766         Section 42. Section 197.443, Florida Statutes, is amended
 1767  to read:
 1768         197.443 Cancellation of void tax certificates; correction
 1769  of tax certificates; procedure.—
 1770         (1) The tax collector shall forward a certificate of error
 1771  to the department and enter a memorandum of error upon the list
 1772  of certificates sold for taxes if When a tax certificate on
 1773  lands has been sold for unpaid taxes and:
 1774         (a) The tax certificate evidencing the sale is void because
 1775  the taxes on the property lands have been paid;
 1776         (b) The property was lands were not subject to taxation at
 1777  the time of the assessment on which they were sold;
 1778         (c) The description of the property in the tax certificate
 1779  is void or has been corrected or amended;
 1780         (d) An error of commission or omission has occurred which
 1781  invalidates the sale;
 1782         (e) The circuit court has voided the tax certificate by a
 1783  suit to cancel the tax certificate by the holder;
 1784         (f) The tax certificate is void for any other reason; or
 1785         (g) An error in assessed value has occurred for which the
 1786  tax certificate may be corrected.,
 1787  
 1788  the tax collector shall forward a certificate of such error to
 1789  the department and enter upon the list of certificates sold for
 1790  taxes a memorandum of such error.
 1791         (2) The department, upon receipt of the such certificate of
 1792  error, if satisfied of the correctness of the certificate of
 1793  error or upon receipt of a court order, shall notify the tax
 1794  collector, who shall cancel or correct the certificate. A tax
 1795  certificate correction or cancellation that has been ordered by
 1796  a court and that does not result from a change made in the
 1797  assessed value on a tax roll certified to the tax collector
 1798  shall be made by the tax collector without order from the
 1799  department.
 1800         (3)(2) The holder of a tax certificate who pays, redeems,
 1801  or causes to be corrected or to be canceled and surrendered by
 1802  any other tax certificates, or who pays any subsequent and
 1803  omitted taxes or costs, in connection with the foreclosure of a
 1804  tax certificate or tax deed that is, and when such other
 1805  certificates or such subsequent and omitted taxes are void or
 1806  corrected for any reason, the person paying, redeeming, or
 1807  causing to be corrected or to be canceled and surrendered the
 1808  other tax certificates or paying the other subsequent and
 1809  omitted taxes is entitled to a refund obtain the return of the
 1810  amount paid together with interest calculated monthly from the
 1811  date of payment through the date of issuance of the refund at
 1812  the rate specified in s. 197.432(11) therefor.
 1813         (a) The county officer or taxing or levying authority that,
 1814  as the case may be, which causes an error that results in the
 1815  voiding issuance of a void tax certificate shall be charged for
 1816  the costs of advertising incurred in the sale of a new the tax
 1817  certificate.
 1818         (b) If When the owner of a tax certificate requests that
 1819  the certificate be canceled for any reason, or that the amount
 1820  of the certificate be amended as a result of payments received
 1821  due to an intervening bankruptcy or receivership, but does not
 1822  seek a refund, the tax collector shall cancel or amend the tax
 1823  certificate and a refund shall not be processed. The tax
 1824  collector shall require the owner of the tax certificate to
 1825  execute a written statement that he or she is the holder of the
 1826  tax certificate, that he or she wishes the certificate to be
 1827  canceled or amended, and that a refund is not expected and is
 1828  not to be made.
 1829         (4)(3)If When the tax certificate or a tax deed based upon
 1830  the certificate is held by an individual, the collector shall at
 1831  once notify the original purchaser of the certificate or tax
 1832  deed or the subsequent holder thereof, if known, that upon the
 1833  voluntary surrender of the certificate or deed of release of any
 1834  his or her rights under the tax deed, a refund will be made of
 1835  the amount received by the governmental units for the
 1836  certificate or deed, plus $1 for the deed of release.
 1837         (5)(4) The refund shall be made in accordance with the
 1838  procedure set forth in s. 197.182, except that the 4-year time
 1839  period provided for in s. 197.182(1)(e) s. 197.182(1)(c) does
 1840  not apply to or bar refunds resulting from correction or
 1841  cancellation of certificates and release of tax deeds as
 1842  authorized in this section herein.
 1843         Section 43. Section 197.462, Florida Statutes, is amended
 1844  to read:
 1845         197.462 Transfer of tax certificates held by individuals.—
 1846         (1) All tax certificates issued to an individual may be
 1847  transferred by endorsement at any time before they are redeemed
 1848  or a tax deed is executed thereunder.
 1849         (2) The official endorsement of a tax certificate by the
 1850  tax collector with the date and the amount received and its
 1851  entry on the record of tax certificates sold shall be sufficient
 1852  evidence of the assignment of it.
 1853         (2)(3) The tax collector shall record the transfer on the
 1854  record of tax certificates sold.
 1855         (3)(4) The tax collector shall receive $2.25 as a service
 1856  charge for each transfer endorsement.
 1857         Section 44. Section 197.472, Florida Statutes, is amended
 1858  to read:
 1859         197.472 Redemption of tax certificates.—
 1860         (1) Any person may redeem a tax certificate or purchase a
 1861  county-held certificate at any time after the certificate is
 1862  issued and before a tax deed is issued or the property is placed
 1863  on the list of lands available for sale. The person redeeming or
 1864  purchasing a tax certificate shall pay to the tax collector in
 1865  the county where the land is situated the face amount plus all
 1866  interest, costs, and charges. of the certificate or the part
 1867  thereof that the part or interest purchased or redeemed bears to
 1868  the whole. Upon purchase or redemption being made, the person
 1869  shall pay all taxes, interest, costs, charges, and omitted
 1870  taxes, if any, as provided by law upon the part or parts of the
 1871  certificate so purchased or redeemed.
 1872         (2) When a tax certificate is redeemed and the interest
 1873  earned on the tax certificate is less than 5 percent of the face
 1874  amount of the certificate, a mandatory minimum interest charge
 1875  of an absolute 5 percent shall be levied upon the face value of
 1876  the tax certificate. The person redeeming the tax certificate
 1877  shall pay the interest rate due on the certificate or the 5
 1878  percent 5-percent mandatory minimum interest charge, whichever
 1879  is greater. This subsection applies to all county-held tax
 1880  certificates and all individual tax certificates except those
 1881  with an interest rate bid of zero percent.
 1882         (3) The tax collector shall receive a fee of $6.25 for each
 1883  tax certificate purchased or redeemed.
 1884         (4) When only A portion of a certificate may be is being
 1885  redeemed only if or purchased and such portion can be
 1886  ascertained by legal description and the portion to be redeemed
 1887  is evidenced by a contract for sale or recorded deed., The tax
 1888  collector shall make a written request for apportionment to the
 1889  property appraiser, and. within 15 days after such request, the
 1890  property appraiser shall furnish the tax collector a certificate
 1891  apportioning the value to that portion sought to be redeemed and
 1892  to the remaining land covered by the certificate.
 1893         (5) When a tax certificate is purchased or redeemed, the
 1894  tax collector shall give to the person a receipt and certificate
 1895  showing the amount paid for the purchase or redemption, a
 1896  description of the land, and the date, number, and amount of the
 1897  certificate, certificates, or part of certificate which is
 1898  purchased or redeemed, which shall be in the form prescribed by
 1899  the department. If a tax certificate is redeemed in full, the
 1900  certificate shall be surrendered to the tax collector by the
 1901  original purchaser and canceled by the tax collector. If only a
 1902  part is purchased or redeemed, the portion and description of
 1903  land, with date of purchase or redemption, shall be endorsed on
 1904  the certificate by the tax collector. The certificate shall be
 1905  retained by the owner, or the tax collector if the certificate
 1906  is a county-held certificate, subject to the endorsement. The
 1907  purchase or redemption shall be entered by the tax collector on
 1908  the record of tax certificates sold.
 1909         (5)(6)After When a tax certificate is has been purchased
 1910  or redeemed, the tax collector shall pay to the owner of the tax
 1911  certificate the amount received by the tax collector less the
 1912  redemption fee within 15 business days after the date of receipt
 1913  of the redemption service charges. Along with the payment, the
 1914  tax collector shall identify the certificates redeemed and the
 1915  amount paid for each certificate. However, if the tax collector
 1916  pays the certificateholder electronically, the certificates
 1917  redeemed and the amounts paid for each certificate shall be
 1918  provided electronically by facsimile or electronic mail.
 1919         (6)(7) Nothing in this section shall be deemed to deny any
 1920  person the right to purchase or redeem any outstanding tax
 1921  certificate in accordance with the law in force when it was
 1922  issued. However, the provisions of s. 197.573 relating to
 1923  survival of restrictions and covenants after the issuance of a
 1924  tax deed are not repealed by this chapter and apply regardless
 1925  of the manner in which the tax deed was issued.
 1926         (7)(8) The provisions of subsection (4) do not apply to
 1927  collections relating to fee timeshare real property made
 1928  pursuant to the provisions of s. 192.037.
 1929         Section 45. Section 197.4725, Florida Statutes, is created
 1930  to read:
 1931         197.4725 Purchase of county-held tax certificates.—
 1932         (1) Any person may purchase a county-held tax certificate
 1933  at any time after the tax certificate is issued and before a tax
 1934  deed application is made. The person purchasing a county-held
 1935  tax certificate shall pay to the tax collector the face amount
 1936  plus all interest, costs, and charges or, subject to s.
 1937  197.472(4), the part described in the tax certificate.
 1938         (2) If a county-held tax certificate is purchased, the
 1939  interest earned shall be calculated at 1.5 percent per month, or
 1940  a fraction thereof, to the date of purchase.
 1941         (3) The tax collector shall receive a fee of $6.25 for each
 1942  county-held tax certificate purchased.
 1943         (4) This section does not apply to collections relating to
 1944  fee timeshare real property made pursuant to s. 192.037.
 1945         (5) The tax collector may use electronic means to make
 1946  known county-held tax certificates that are available for
 1947  purchase and to complete the purchase. The tax collector may
 1948  charge a reasonable fee for costs incurred in providing such
 1949  electronic services.
 1950         (6)The purchaser of a county-held tax certificate shall be
 1951  issued a tax certificate with a face value that includes all
 1952  sums paid to acquire the certificate from the county, including
 1953  accrued interest and charges paid under this section. The date
 1954  the county-held certificate was issued is the date for use in
 1955  determining the date on which an application for tax deed may be
 1956  made. The date that the new certificate is purchased is the date
 1957  for use in calculating the interest or minimum interest due if
 1958  the certificate is redeemed.
 1959         Section 46. Section 197.473, Florida Statutes, is amended
 1960  to read:
 1961         197.473 Disposition of unclaimed redemption moneys.—
 1962         (1)After Money paid to the tax collector for the
 1963  redemption of a tax certificate or a tax deed application that
 1964  certificates has been held for 90 days, which money is payable
 1965  to the holder of a redeemed tax certificate but for which no
 1966  claim has been made, or that fails to be presented for payment,
 1967  is considered unclaimed as defined in s. 717.113 and shall be
 1968  remitted to the state pursuant to s. 717.117, on the first day
 1969  of the following quarter the tax collector shall remit such
 1970  unclaimed moneys to the board of county commissioners, less the
 1971  sum of $5 on each $100 or fraction thereof which shall be
 1972  retained by the tax collector as service charges.
 1973         (2) Two years after the date the unclaimed redemption
 1974  moneys were remitted to the board of county commissioners, all
 1975  claims to such moneys are forever barred, and such moneys become
 1976  the property of the county.
 1977         Section 47. Section 197.482, Florida Statutes, is amended
 1978  to read:
 1979         197.482 Expiration Limitation upon lien of tax
 1980  certificate.—
 1981         (1)Seven After the expiration of 7 years after from the
 1982  date of issuance of a tax certificate, which is the date of the
 1983  first day of the tax certificate sale as advertised under s.
 1984  197.432, of a tax certificate, if a tax deed has not been
 1985  applied for on the property covered by the certificate, and no
 1986  other administrative or legal proceeding, including a
 1987  bankruptcy, has existed of record, the tax certificate is null
 1988  and void, and the tax collector shall be canceled. The tax
 1989  collector shall note cancel the tax certificate, noting the date
 1990  of the cancellation of the tax certificate upon all appropriate
 1991  records in his or her office. The tax collector shall complete
 1992  the cancellation by entering opposite the record of the 7-year
 1993  old tax certificate a notation in substantially the following
 1994  form: “Canceled by Act of 1973 Florida Legislature.” All
 1995  certificates outstanding July 1, 1973, shall have a life of 20
 1996  years from the date of issue. This subsection does not apply to
 1997  deferred payment tax certificates.
 1998         (2) The provisions and limitations herein prescribed for
 1999  tax certificates do not apply to tax certificates which were
 2000  sold under the provisions of chapter 18296, Laws of Florida,
 2001  1937, commonly known as the “Murphy Act.”
 2002         Section 48. Section 197.492, Florida Statutes, is amended
 2003  to read:
 2004         197.492 Errors and insolvencies report list.—On or before
 2005  the 60th day after the tax certificate sale is adjourned, the
 2006  tax collector shall certify make out a report to the board of
 2007  county commissioners a report separately showing the discounts,
 2008  errors, double assessments, and insolvencies relating to tax
 2009  collections for which credit is to be given, including in every
 2010  case except discounts, the names of the parties on whose account
 2011  the credit is to be allowed. The report may be submitted in an
 2012  electronic format. The board of county commissioners, upon
 2013  receiving the report, shall examine it; make such investigations
 2014  as may be necessary; and, if the board discovers that the tax
 2015  collector has taken credit as an insolvent item any personal
 2016  property tax due by a solvent taxpayer, charge the amount of
 2017  taxes represented by such item to the tax collector and not
 2018  approve the report until the tax collector strikes such item
 2019  from the record.
 2020         Section 49. Section 197.502, Florida Statutes, is amended
 2021  to read:
 2022         197.502 Application for obtaining tax deed by holder of tax
 2023  sale certificate; fees.—
 2024         (1) The holder of a any tax certificate, other than the
 2025  county, at any time after 2 years have elapsed since April 1 of
 2026  the year of issuance of the tax certificate and before the
 2027  cancellation expiration of the certificate 7 years from the date
 2028  of issuance, may file the certificate and an application for a
 2029  tax deed with the tax collector of the county where the property
 2030  lands described in the certificate is are located. The
 2031  application may be made on the entire parcel of property or any
 2032  part thereof which is capable of being readily separated from
 2033  the whole. The tax collector may charge shall be allowed a tax
 2034  deed application fee of $75, plus reimbursement for any fee
 2035  charged to the tax collector by a vendor for providing an
 2036  electronic tax deed application program or service.
 2037         (2) A Any certificateholder, other than the county, who
 2038  makes application for a tax deed shall pay the tax collector at
 2039  the time of application all amounts required for redemption or
 2040  purchase of all other outstanding tax certificates, plus
 2041  interest, any omitted taxes, plus interest, any delinquent
 2042  taxes, plus interest, and current taxes, if due, covering the
 2043  property land.
 2044         (3) The county in which where the property lands described
 2045  in the certificate is are located shall apply make application
 2046  for a tax deed on all county-held certificates on property
 2047  valued at $5,000 or more on the property appraiser’s most recent
 2048  assessment roll, except deferred payment tax certificates, and
 2049  may apply for tax deeds make application on those certificates
 2050  on property valued at less than $5,000 on the property
 2051  appraiser’s most recent assessment roll. The Such application
 2052  shall be made 2 years after April 1 of the year of issuance of
 2053  the certificates or as soon thereafter as is reasonable. Upon
 2054  application for a tax deed, the county shall deposit with the
 2055  tax collector all applicable costs and fees as provided in
 2056  subsection (1), but may shall not deposit any money to cover the
 2057  redemption of other outstanding certificates covering the
 2058  property land.
 2059         (4) The tax collector shall deliver to the clerk of the
 2060  circuit court a statement that payment has been made for all
 2061  outstanding certificates or, if the certificate is held by the
 2062  county, that all appropriate fees have been deposited, and
 2063  stating that the following persons are to be notified prior to
 2064  the sale of the property:
 2065         (a) Any legal titleholder of record if the address of the
 2066  owner appears on the record of conveyance of the property lands
 2067  to the owner. However, if the legal titleholder of record is the
 2068  same as the person to whom the property was assessed on the tax
 2069  roll for the year in which the property was last assessed, then
 2070  the notice may only be mailed to the address of the legal
 2071  titleholder as it appears on the latest assessment roll.
 2072         (b) Any lienholder of record who has recorded a lien
 2073  against the property described in the tax certificate if an
 2074  address appears on the recorded lien.
 2075         (c) Any mortgagee of record if an address appears on the
 2076  recorded mortgage.
 2077         (d) Any vendee of a recorded contract for deed if an
 2078  address appears on the recorded contract or, if the contract is
 2079  not recorded, any vendee who has applied to receive notice
 2080  pursuant to s. 197.344(1)(c).
 2081         (e) Any other lienholder who has applied to the tax
 2082  collector to receive notice if an address is supplied to the
 2083  collector by such lienholder.
 2084         (f) Any person to whom the property was assessed on the tax
 2085  roll for the year in which the property was last assessed.
 2086         (g) Any lienholder of record who has recorded a lien
 2087  against a mobile home located on the property described in the
 2088  tax certificate if an address appears on the recorded lien and
 2089  if the lien is recorded with the clerk of the circuit court in
 2090  the county where the mobile home is located.
 2091         (h) Any legal titleholder of record of property that is
 2092  contiguous to the property described in the tax certificate, if
 2093  when the property described is either submerged land or common
 2094  elements of a subdivision and, if the address of the titleholder
 2095  of contiguous property appears on the record of conveyance of
 2096  the property land to the that legal titleholder. However, if the
 2097  legal titleholder of property contiguous to the property
 2098  described in the tax certificate is the same as the person to
 2099  whom the property described in the tax certificate was assessed
 2100  on the tax roll for the year in which the property was last
 2101  assessed, the notice may be mailed only to the address of the
 2102  legal titleholder as it appears on the latest assessment roll.
 2103  As used in this chapter, the term “contiguous” means touching,
 2104  meeting, or joining at the surface or border, other than at a
 2105  corner or a single point, and not separated by submerged lands.
 2106  Submerged lands lying below the ordinary high-water mark which
 2107  are sovereignty lands are not part of the upland contiguous
 2108  property for purposes of notification.
 2109  
 2110  The statement must be signed by the tax collector or the tax
 2111  collector’s designee, with the tax collector’s seal affixed. The
 2112  tax collector may purchase a reasonable bond for errors and
 2113  omissions of his or her office in making such statement. The
 2114  search of the official records must be made by a direct and
 2115  inverse search. “Direct” means the index in straight and
 2116  continuous alphabetic order by grantor, and “inverse” means the
 2117  index in straight and continuous alphabetic order by grantee.
 2118         (5)(a) The tax collector may contract with a title company
 2119  or an abstract company at a reasonable fee to provide the
 2120  minimum information required in subsection (4), consistent with
 2121  rules adopted by the department. If additional information is
 2122  required, the tax collector must make a written request to the
 2123  title or abstract company stating the additional requirements.
 2124  The tax collector may select any title or abstract company,
 2125  regardless of its location, as long as the fee is reasonable,
 2126  the minimum information is submitted, and the title or abstract
 2127  company is authorized to do business in this state. The tax
 2128  collector may advertise and accept bids for the title or
 2129  abstract company if he or she considers it appropriate to do so.
 2130         1. The ownership and encumbrance report must include the be
 2131  printed or typed on stationery or other paper showing a
 2132  letterhead of the person, firm, or company that makes the
 2133  search, and the signature of the individual person who makes the
 2134  search or of an officer of the firm must be attached. The tax
 2135  collector is not liable for payment to the firm unless these
 2136  requirements are met. The report may be submitted to the tax
 2137  collector in an electronic format.
 2138         2. The tax collector may not accept or pay for any title
 2139  search or abstract if no financial responsibility is not assumed
 2140  for the search. However, reasonable restrictions as to the
 2141  liability or responsibility of the title or abstract company are
 2142  acceptable. Notwithstanding s. 627.7843(3), the tax collector
 2143  may contract for higher maximum liability limits.
 2144         3. In order to establish uniform prices for ownership and
 2145  encumbrance reports within the county, the tax collector must
 2146  shall ensure that the contract for ownership and encumbrance
 2147  reports include all requests for title searches or abstracts for
 2148  a given period of time.
 2149         (b) Any fee paid for a any title search or abstract must be
 2150  collected at the time of application under subsection (1), and
 2151  the amount of the fee must be added to the opening bid.
 2152         (c) The clerk shall advertise and administer the sale and
 2153  receive such fees for the issuance of the deed and sale of the
 2154  property as are provided in s. 28.24.
 2155         (6)(a) The opening bid:
 2156         (a) On county-held certificates on nonhomestead property
 2157  shall be the sum of the value of all outstanding certificates
 2158  against the property land, plus omitted years’ taxes, delinquent
 2159  taxes, interest, and all costs and fees paid by the county.
 2160         (b) The opening bid On an individual certificate must on
 2161  nonhomestead property shall include, in addition to the amount
 2162  of money paid to the tax collector by the certificateholder at
 2163  the time of application, the amount required to redeem the
 2164  applicant’s tax certificate and all other costs and fees paid by
 2165  the applicant, plus all tax certificates that were sold
 2166  subsequent to the filing of the tax deed application and omitted
 2167  taxes, if any.
 2168         (c) The opening bid On property assessed on the latest tax
 2169  roll as homestead property shall include, in addition to the
 2170  amount of money required for an opening bid on nonhomestead
 2171  property, an amount equal to one-half of the latest assessed
 2172  value of the homestead. Payment of one-half of the assessed
 2173  value of the homestead property shall not be required if the tax
 2174  certificate to which the application relates was sold prior to
 2175  January 1, 1982.
 2176         (7) On county-held certificates for which there are no
 2177  bidders at the public sale, the clerk shall enter the land on a
 2178  list entitled “lands available for taxes” and shall immediately
 2179  notify the county commission and all other persons holding
 2180  certificates against the property land that the property land is
 2181  available. During the first 90 days after the property land is
 2182  placed on the list of lands available for taxes, the county may
 2183  purchase the land for the opening bid or may waive its rights to
 2184  purchase the property. Thereafter, any person, the county, or
 2185  any other governmental unit may purchase the property land from
 2186  the clerk, without further notice or advertising, for the
 2187  opening bid, except that if when the county or other
 2188  governmental unit is the purchaser for its own use, the board of
 2189  county commissioners may cancel omitted years’ taxes, as
 2190  provided under s. 197.447. If the county does not elect to
 2191  purchase the property land, the county must notify each legal
 2192  titleholder of property contiguous to the property land
 2193  available for taxes, as provided in paragraph (4)(h), before
 2194  expiration of the 90-day period. Interest on the opening bid
 2195  continues to accrue through the month of sale as prescribed by
 2196  s. 197.542.
 2197         (8) Taxes may shall not be extended against parcels listed
 2198  as lands available for taxes, but in each year the taxes that
 2199  would have been due shall be treated as omitted years and added
 2200  to the required minimum bid. Three years after the day the land
 2201  was offered for public sale, the land shall escheat to the
 2202  county in which it is located, free and clear. All tax
 2203  certificates, accrued taxes, and liens of any nature against the
 2204  property shall be deemed canceled as a matter of law and of no
 2205  further legal force and effect, and the clerk shall execute an
 2206  escheatment tax deed vesting title in the board of county
 2207  commissioners of the county in which the land is located.
 2208         (a) When a property escheats to the county under this
 2209  subsection, the county is not subject to any liability imposed
 2210  by chapter 376 or chapter 403 for preexisting soil or
 2211  groundwater contamination due solely to its ownership. However,
 2212  this subsection does not affect the rights or liabilities of any
 2213  past or future owners of the escheated property and does not
 2214  affect the liability of any governmental entity for the results
 2215  of its actions that create or exacerbate a pollution source.
 2216         (b) The county and the Department of Environmental
 2217  Protection may enter into a written agreement for the
 2218  performance, funding, and reimbursement of the investigative and
 2219  remedial acts necessary for a property that escheats to the
 2220  county.
 2221         (9) Consolidated applications on more than one tax
 2222  certificate are allowed, but a separate statement shall be
 2223  issued pursuant to subsection (4), and a separate tax deed shall
 2224  be issued pursuant to s. 197.552, for each parcel of property
 2225  shown on the tax certificate.
 2226         (10) Any fees collected pursuant to this section shall be
 2227  refunded to the certificateholder in the event that the tax deed
 2228  sale is canceled for any reason.
 2229         (11) For any property acquired under this section by the
 2230  county for the express purpose of providing infill housing, the
 2231  board of county commissioners may, in accordance with s.
 2232  197.447, cancel county-held tax certificates and omitted years’
 2233  taxes on such properties. Furthermore, the county may not
 2234  transfer a property acquired under this section specifically for
 2235  infill housing back to a taxpayer who failed to pay the
 2236  delinquent taxes or charges that led to the issuance of the tax
 2237  certificate or lien. For purposes of this subsection only, the
 2238  term “taxpayer” includes the taxpayer’s family or any entity in
 2239  which the taxpayer or taxpayer’s family has any interest.
 2240         Section 50. Section 197.542, Florida Statutes, is amended
 2241  to read:
 2242         197.542 Sale at public auction.—
 2243         (1) Real property The lands advertised for sale to the
 2244  highest bidder as a result of an application filed under s.
 2245  197.502 shall be sold at public auction by the clerk of the
 2246  circuit court, or his or her deputy, of the county where the
 2247  property is lands are located on the date, at the time, and at
 2248  the location as set forth in the published notice, which must
 2249  shall be during the regular hours the clerk’s office is open. At
 2250  the time and place, the clerk shall read the notice of sale and
 2251  shall offer the lands described in the notice for sale to the
 2252  highest bidder for cash at public outcry. The amount required to
 2253  redeem the tax certificate, plus the amounts paid by the holder
 2254  to the clerk of the circuit court in charges for costs of sale,
 2255  redemption of other tax certificates on the same property lands,
 2256  and all other costs to the applicant for tax deed, plus interest
 2257  thereon at the rate of 1.5 percent per month for the period
 2258  running from the month after the date of application for the
 2259  deed through the month of sale and costs incurred for the
 2260  service of notice provided for in s. 197.522(2), shall be
 2261  considered the bid of the certificateholder for the property. If
 2262  tax certificates exist or if delinquent taxes accrued subsequent
 2263  to the filing of the tax deed application, the amount required
 2264  to redeem such tax certificates or pay such delinquent taxes
 2265  must be included in the minimum bid. However, if the land to be
 2266  sold is assessed on the latest tax roll as homestead property,
 2267  the bid of the certificateholder must shall be increased to
 2268  include an amount equal to one-half of the assessed value of the
 2269  homestead property as required by s. 197.502. If there are no
 2270  higher bids, the property land shall be struck off and sold to
 2271  the certificateholder, who shall forthwith pay to the clerk any
 2272  amounts included in the minimum bid, the documentary stamp tax,
 2273  and recording fees due. Upon payment, and a tax deed shall
 2274  thereupon be issued and recorded by the clerk.
 2275         (2) If there are other bids, The certificateholder has
 2276  shall have the right to bid as others present may bid, and the
 2277  property shall be struck off and sold to the highest bidder. The
 2278  high bidder shall post with the clerk a nonrefundable cash
 2279  deposit of 5 percent of the bid or $200, whichever is greater,
 2280  at the time of the sale, to be applied to the sale price at the
 2281  time of full payment. Notice of the this deposit requirement
 2282  must shall be posted at the auction site, and the clerk may
 2283  require that bidders to show their willingness and ability to
 2284  post the cost deposit. If full payment of the final bid and of
 2285  documentary stamp tax and recording fees is not made within 24
 2286  hours, excluding weekends and legal holidays, the clerk shall
 2287  cancel all bids, readvertise the sale as provided in this
 2288  section, and pay all costs of the sale from the deposit. Any
 2289  remaining funds must be applied toward the opening bid. The
 2290  clerk may refuse to recognize the bid of any person who has
 2291  previously bid and refused, for any reason, to honor such bid.
 2292         (3) If the sale is canceled for any reason, or the buyer
 2293  fails to make full payment within the time required, the clerk
 2294  shall immediately readvertise the sale to be held within no
 2295  later than 30 days after the date the sale was canceled. Only
 2296  one advertisement is necessary. No further notice is required.
 2297  The amount of the opening statutory (opening) bid shall be
 2298  increased by the cost of advertising, additional clerk’s fees as
 2299  provided for in s. 28.24(21), and interest as provided for in
 2300  subsection (1). This process must be repeated until the property
 2301  is sold and the clerk receives full payment or the clerk does
 2302  not receive any bids other than the bid of the
 2303  certificateholder. The clerk must shall receive full payment
 2304  before prior to the issuance of the tax deed.
 2305         (4)(a) A clerk may conduct electronic tax deed sales in
 2306  lieu of public outcry. The clerk must comply with the procedures
 2307  provided in this chapter, except that electronic proxy bidding
 2308  shall be allowed and the clerk may require bidders to advance
 2309  sufficient funds to pay the deposit required by subsection (2).
 2310  The clerk shall provide access to the electronic sale by
 2311  computer terminals open to the public at a designated location.
 2312  A clerk who conducts such electronic sales may receive
 2313  electronic deposits and payments related to the sale. The
 2314  portion of an advance deposit from a winning bidder required by
 2315  subsection (2) shall, upon acceptance of the winning bid, be
 2316  subject to the fee under s. 28.24(10).
 2317         (b) Nothing in This subsection does not shall be construed
 2318  to restrict or limit the authority of a charter county to
 2319  conduct from conducting electronic tax deed sales. In a charter
 2320  county where the clerk of the circuit court does not conduct all
 2321  electronic sales, the charter county shall be permitted to
 2322  receive electronic deposits and payments related to sales it
 2323  conducts, as well as to subject the winning bidder to a fee,
 2324  consistent with the schedule in s. 28.24(10).
 2325         (c) The costs of electronic tax deed sales shall be added
 2326  to the charges for the costs of sale under subsection (1) and
 2327  paid by the certificateholder when filing an application for a
 2328  tax deed.
 2329         Section 51. Subsection (2) of section 197.582, Florida
 2330  Statutes, is amended to read:
 2331         197.582 Disbursement of proceeds of sale.—
 2332         (2) If the property is purchased for an amount in excess of
 2333  the statutory bid of the certificateholder, the excess must
 2334  shall be paid over and disbursed by the clerk. If the property
 2335  purchased is homestead property and the statutory bid includes
 2336  an amount equal to at least one-half of the assessed value of
 2337  the homestead, that amount must shall be treated as excess and
 2338  distributed in the same manner. The clerk shall distribute the
 2339  excess to the governmental units for the payment of any lien of
 2340  record held by a governmental unit against the property,
 2341  including any tax certificates not incorporated in the tax deed
 2342  application and omitted taxes, if any. If In the event the
 2343  excess is not sufficient to pay all of such liens in full, the
 2344  excess shall then be paid to each governmental unit pro rata.
 2345  If, after all liens of record of the governmental units upon the
 2346  property are paid in full, there remains a balance of
 2347  undistributed funds, the balance of the purchase price shall be
 2348  retained by the clerk for the benefit of the persons described
 2349  in s. 197.522(1)(a), except those persons described in s.
 2350  197.502(4)(h), as their interests may appear. The clerk shall
 2351  mail notices to such persons notifying them of the funds held
 2352  for their benefit. Any service charges, at the same rate as
 2353  prescribed in s. 28.24(10), and costs of mailing notices shall
 2354  be paid out of the excess balance held by the clerk. Excess
 2355  proceeds shall be held and disbursed in the same manner as
 2356  unclaimed redemption moneys in s. 197.473. If In the event
 2357  excess proceeds are not sufficient to cover the service charges
 2358  and mailing costs, the clerk shall receive the total amount of
 2359  excess proceeds as a service charge.
 2360         Section 52. Section 197.602, Florida Statutes, is amended
 2361  to read:
 2362         197.602 Reimbursement required in challenges to the
 2363  validity of a tax deed Party recovering land must refund taxes
 2364  paid and interest.—
 2365         (1)If a party successfully challenges the validity of a
 2366  tax deed in an action at law or equity, but the taxes for which
 2367  the tax deed was sold were not paid before the tax deed was
 2368  issued, the party shall pay to the party against whom the
 2369  judgment or decree is entered:
 2370         (a) The amount paid for the tax deed and all taxes paid
 2371  upon the land, together with 12 percent interest thereon per
 2372  year from the date of the issuance of the tax deed;
 2373         (b) All legal expenses in obtaining the tax deed, including
 2374  publication of notice and clerk’s fees for issuing and recording
 2375  the tax deed; and
 2376         (c) The fair cash value of all maintenance and permanent
 2377  improvements made upon the land by the holders under the tax
 2378  deed. If, in an action at law or in equity involving the
 2379  validity of any tax deed, the court holds that the tax deed was
 2380  invalid at the time of its issuance and that title to the land
 2381  therein described did not vest in the tax deed holder , then, if
 2382  the taxes for which the land was sold and upon which the tax
 2383  deed was issued had not been paid prior to issuance of the deed,
 2384  the party in whose favor the judgment or decree in the suit is
 2385  entered shall pay to the party against whom the judgment or
 2386  decree is entered the amount paid for the tax deed and all taxes
 2387  paid upon the land, together with 12-percent interest thereon
 2388  per year from the date of the issuance of the tax deed and all
 2389  legal expenses in obtaining the tax deed, including publication
 2390  of notice and clerk’s fees for issuing and recording the tax
 2391  deed, and also the fair cash value of all permanent improvements
 2392  made upon the land by the holders under the tax deed.
 2393         (2) In an action to challenge the validity of a tax deed,
 2394  the prevailing party is entitled to all reasonable litigation
 2395  expenses including attorney’s fees.
 2396         (3) The court shall determine the amount of the expenses
 2397  for which a party shall be reimbursed. and the fair cash value
 2398  of improvements shall be ascertained and found upon the trial of
 2399  the action, and The tax deed holder or anyone holding under the
 2400  tax deed has thereunder shall have a prior lien on upon the land
 2401  for the payment of the expenses that must be reimbursed to such
 2402  persons sums.
 2403         Section 53. Section 192.0105, Florida Statutes, is amended
 2404  to read:
 2405         192.0105 Taxpayer rights.—There is created a Florida
 2406  Taxpayer’s Bill of Rights for property taxes and assessments to
 2407  guarantee that the rights, privacy, and property of the
 2408  taxpayers of this state are adequately safeguarded and protected
 2409  during tax levy, assessment, collection, and enforcement
 2410  processes administered under the revenue laws of this state. The
 2411  Taxpayer’s Bill of Rights compiles, in one document, brief but
 2412  comprehensive statements that summarize the rights and
 2413  obligations of the property appraisers, tax collectors, clerks
 2414  of the court, local governing boards, the Department of Revenue,
 2415  and taxpayers. Additional rights afforded to payors of taxes and
 2416  assessments imposed under the revenue laws of this state are
 2417  provided in s. 213.015. The rights afforded taxpayers to assure
 2418  that their privacy and property are safeguarded and protected
 2419  during tax levy, assessment, and collection are available only
 2420  insofar as they are implemented in other parts of the Florida
 2421  Statutes or rules of the Department of Revenue. The rights so
 2422  guaranteed to state taxpayers in the Florida Statutes and the
 2423  departmental rules include:
 2424         (1) THE RIGHT TO KNOW.—
 2425         (a) The right to be sent a mailed notice of proposed
 2426  property taxes and proposed or adopted non-ad valorem
 2427  assessments (see ss. 194.011(1), 200.065(2)(b) and (d) and
 2428  (13)(a), and 200.069). The notice must also inform the taxpayer
 2429  that the final tax bill may contain additional non-ad valorem
 2430  assessments (see s. 200.069(9)).
 2431         (b) The right to notification of a public hearing on each
 2432  taxing authority’s tentative budget and proposed millage rate
 2433  and advertisement of a public hearing to finalize the budget and
 2434  adopt a millage rate (see s. 200.065(2)(c) and (d)).
 2435         (c) The right to advertised notice of the amount by which
 2436  the tentatively adopted millage rate results in taxes that
 2437  exceed the previous year’s taxes (see s. 200.065(2)(d) and (3)).
 2438  The right to notification by first-class mail of a comparison of
 2439  the amount of the taxes to be levied from the proposed millage
 2440  rate under the tentative budget change, compared to the previous
 2441  year’s taxes, and also compared to the taxes that would be
 2442  levied if no budget change is made (see ss. 200.065(2)(b) and
 2443  200.069(2), (3), (4), and (8)).
 2444         (d) The right that the adopted millage rate will not exceed
 2445  the tentatively adopted millage rate. If the tentative rate
 2446  exceeds the proposed rate, each taxpayer shall be mailed notice
 2447  comparing his or her taxes under the tentatively adopted millage
 2448  rate to the taxes under the previously proposed rate, before a
 2449  hearing to finalize the budget and adopt millage (see s.
 2450  200.065(2)(d)).
 2451         (e) The right to be sent notice by first-class mail of a
 2452  non-ad valorem assessment hearing at least 20 days before the
 2453  hearing with pertinent information, including the total amount
 2454  to be levied against each parcel. All affected property owners
 2455  have the right to appear at the hearing and to file written
 2456  objections with the local governing board (see s. 197.3632(4)(b)
 2457  and (c) and (10)(b)2.b.).
 2458         (f) The right of an exemption recipient to be sent a
 2459  renewal application for that exemption, the right to a receipt
 2460  for homestead exemption claim when filed, and the right to
 2461  notice of denial of the exemption (see ss. 196.011(6),
 2462  196.131(1), 196.151, and 196.193(1)(c) and (5)).
 2463         (g) The right, on property determined not to have been
 2464  entitled to homestead exemption in a prior year, to notice of
 2465  intent from the property appraiser to record notice of tax lien
 2466  and the right to pay tax, penalty, and interest before a tax
 2467  lien is recorded for any prior year (see s. 196.161(1)(b)).
 2468         (h) The right to be informed during the tax collection
 2469  process, including: notice of tax due; notice of back taxes;
 2470  notice of late taxes and assessments and consequences of
 2471  nonpayment; opportunity to pay estimated taxes and non-ad
 2472  valorem assessments when the tax roll will not be certified in
 2473  time; notice when interest begins to accrue on delinquent
 2474  provisional taxes; notice of the right to prepay estimated taxes
 2475  by installment; a statement of the taxpayer’s estimated tax
 2476  liability for use in making installment payments; and notice of
 2477  right to defer taxes and non-ad valorem assessments on homestead
 2478  property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c),
 2479  197.222(3) and (5), 197.2301(3), 197.3632(8)(a),
 2480  193.1145(10)(a), and 197.254(1)).
 2481         (i) The right to an advertisement in a newspaper listing
 2482  names of taxpayers who are delinquent in paying tangible
 2483  personal property taxes, with amounts due, and giving notice
 2484  that interest is accruing at 18 percent and that, unless taxes
 2485  are paid, warrants will be issued, prior to petition made with
 2486  the circuit court for an order to seize and sell property (see
 2487  s. 197.402(2)).
 2488         (j) The right to be sent a mailed notice when a petition
 2489  has been filed with the court for an order to seize and sell
 2490  property and the right to be mailed notice, and to be served
 2491  notice by the sheriff, before the date of sale, that application
 2492  for tax deed has been made and property will be sold unless back
 2493  taxes are paid (see ss. 197.413(5), 197.502(4)(a), and
 2494  197.522(1)(a) and (2)).
 2495         (k) The right to have certain taxes and special assessments
 2496  levied by special districts individually stated on the “Notice
 2497  of Proposed Property Taxes and Proposed or Adopted Non-Ad
 2498  Valorem Assessments” (see s. 200.069).
 2499  
 2500  Notwithstanding the right to information contained in this
 2501  subsection, under s. 197.122 property owners are held to know
 2502  that property taxes are due and payable annually and are charged
 2503  with a duty to ascertain the amount of current and delinquent
 2504  taxes and obtain the necessary information from the applicable
 2505  governmental officials.
 2506         (2) THE RIGHT TO DUE PROCESS.—
 2507         (a) The right to an informal conference with the property
 2508  appraiser to present facts the taxpayer considers to support
 2509  changing the assessment and to have the property appraiser
 2510  present facts supportive of the assessment upon proper request
 2511  of any taxpayer who objects to the assessment placed on his or
 2512  her property (see s. 194.011(2)).
 2513         (b) The right to petition the value adjustment board over
 2514  objections to assessments, denial of exemption, denial of
 2515  agricultural classification, denial of historic classification,
 2516  denial of high-water recharge classification, disapproval of tax
 2517  deferral, and any penalties on deferred taxes imposed for
 2518  incorrect information willfully filed. Payment of estimated
 2519  taxes does not preclude the right of the taxpayer to challenge
 2520  his or her assessment (see ss. 194.011(3), 196.011(6) and
 2521  (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7),
 2522  193.625(2), 197.2425 197.253(2), 197.301(2), and 197.2301(11)).
 2523         (c) The right to file a petition for exemption or
 2524  agricultural classification with the value adjustment board when
 2525  an application deadline is missed, upon demonstration of
 2526  particular extenuating circumstances for filing late (see ss.
 2527  193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)).
 2528         (d) The right to prior notice of the value adjustment
 2529  board’s hearing date and the right to the hearing within 4 hours
 2530  of scheduled time (see s. 194.032(2)).
 2531         (e) The right to notice of date of certification of tax
 2532  rolls and receipt of property record card if requested (see ss.
 2533  193.122(2) and (3) and 194.032(2)).
 2534         (f) The right, in value adjustment board proceedings, to
 2535  have all evidence presented and considered at a public hearing
 2536  at the scheduled time, to be represented by an attorney or
 2537  agent, to have witnesses sworn and cross-examined, and to
 2538  examine property appraisers or evaluators employed by the board
 2539  who present testimony (see ss. 194.034(1)(a) and (c) and (4),
 2540  and 194.035(2)).
 2541         (g) The right to be sent mailed a timely written decision
 2542  by the value adjustment board containing findings of fact and
 2543  conclusions of law and reasons for upholding or overturning the
 2544  determination of the property appraiser, and the right to
 2545  advertised notice of all board actions, including appropriate
 2546  narrative and column descriptions, in brief and nontechnical
 2547  language (see ss. 194.034(2) and 194.037(3)).
 2548         (h) The right at a public hearing on non-ad valorem
 2549  assessments or municipal special assessments to provide written
 2550  objections and to provide testimony to the local governing board
 2551  (see ss. 197.3632(4)(c) and 170.08).
 2552         (i) The right to bring action in circuit court to contest a
 2553  tax assessment or appeal value adjustment board decisions to
 2554  disapprove exemption or deny tax deferral (see ss. 194.036(1)(c)
 2555  and (2), 194.171, 196.151, and 197.2425 197.253(2)).
 2556         (3) THE RIGHT TO REDRESS.—
 2557         (a) The right to discounts for early payment on all taxes
 2558  and non-ad valorem assessments collected by the tax collector,
 2559  except for partial payments as defined in s. 197.374, the right
 2560  to pay installment payments with discounts, and the right to pay
 2561  delinquent personal property taxes under a an installment
 2562  payment program when implemented by the county tax collector
 2563  (see ss. 197.162, 197.3632(8) and (10)(b)3., 197.222(1), and
 2564  197.4155).
 2565         (b) The right, upon filing a challenge in circuit court and
 2566  paying taxes admitted in good faith to be owing, to be issued a
 2567  receipt and have suspended all procedures for the collection of
 2568  taxes until the final disposition of the action (see s.
 2569  194.171(3)).
 2570         (c) The right to have penalties reduced or waived upon a
 2571  showing of good cause when a return is not intentionally filed
 2572  late, and the right to pay interest at a reduced rate if the
 2573  court finds that the amount of tax owed by the taxpayer is
 2574  greater than the amount the taxpayer has in good faith admitted
 2575  and paid (see ss. 193.072(4) and 194.192(2)).
 2576         (d) The right to a refund when overpayment of taxes has
 2577  been made under specified circumstances (see ss. 193.1145(8)(e)
 2578  and 197.182(1)).
 2579         (e) The right to an extension to file a tangible personal
 2580  property tax return upon making proper and timely request (see
 2581  s. 193.063).
 2582         (f) The right to redeem real property and redeem tax
 2583  certificates at any time before full payment for a tax deed is
 2584  made to the clerk of the court, including documentary stamps and
 2585  recording fees issued, and the right to have tax certificates
 2586  canceled if sold where taxes had been paid or if other error
 2587  makes it void or correctable. Property owners have the right to
 2588  be free from contact by a certificateholder for 2 years after
 2589  April 1 of the year the tax certificate is issued (see ss.
 2590  197.432(13) and (14)(14) and (15), 197.442(1), 197.443, and
 2591  197.472(1) and (6)(7)).
 2592         (g) The right of the taxpayer, property appraiser, tax
 2593  collector, or the department, as the prevailing party in a
 2594  judicial or administrative action brought or maintained without
 2595  the support of justiciable issues of fact or law, to recover all
 2596  costs of the administrative or judicial action, including
 2597  reasonable attorney’s fees, and of the department and the
 2598  taxpayer to settle such claims through negotiations (see ss.
 2599  57.105 and 57.111).
 2600         (4) THE RIGHT TO CONFIDENTIALITY.—
 2601         (a) The right to have information kept confidential,
 2602  including federal tax information, ad valorem tax returns,
 2603  social security numbers, all financial records produced by the
 2604  taxpayer, Form DR-219 returns for documentary stamp tax
 2605  information, and sworn statements of gross income, copies of
 2606  federal income tax returns for the prior year, wage and earnings
 2607  statements (W-2 forms), and other documents (see ss. 192.105,
 2608  193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)).
 2609  (b) The right to limiting access to a taxpayer’s records by a
 2610  property appraiser, the Department of Revenue, and the Auditor
 2611  General only to those instances in which it is determined that
 2612  such records are necessary to determine either the
 2613  classification or the value of taxable nonhomestead property
 2614  (see s. 195.027(3)).
 2615         Section 54. Paragraph (d) of subsection (3) of section
 2616  194.011, Florida Statutes, is amended to read:
 2617         194.011 Assessment notice; objections to assessments.—
 2618         (3) A petition to the value adjustment board must be in
 2619  substantially the form prescribed by the department.
 2620  Notwithstanding s. 195.022, a county officer may not refuse to
 2621  accept a form provided by the department for this purpose if the
 2622  taxpayer chooses to use it. A petition to the value adjustment
 2623  board shall describe the property by parcel number and shall be
 2624  filed as follows:
 2625         (d) The petition may be filed, as to valuation issues, at
 2626  any time during the taxable year on or before the 25th day
 2627  following the mailing of notice by the property appraiser as
 2628  provided in subsection (1). With respect to an issue involving
 2629  the denial of an exemption, an agricultural or high-water
 2630  recharge classification application, an application for
 2631  classification as historic property used for commercial or
 2632  certain nonprofit purposes, or a deferral, the petition must be
 2633  filed at any time during the taxable year on or before the 30th
 2634  day following the mailing of the notice by the property
 2635  appraiser under s. 193.461, s. 193.503, s. 193.625, or s.
 2636  196.193 or notice by the tax collector under s. 197.2425
 2637  197.253.
 2638         Section 55. Subsection (1) of section 194.013, Florida
 2639  Statutes, is amended to read:
 2640         194.013 Filing fees for petitions; disposition; waiver.—
 2641         (1) If so required by resolution of the value adjustment
 2642  board, a petition filed pursuant to s. 194.011 shall be
 2643  accompanied by a filing fee to be paid to the clerk of the value
 2644  adjustment board in an amount determined by the board not to
 2645  exceed $15 for each separate parcel of property, real or
 2646  personal, covered by the petition and subject to appeal.
 2647  However, no such filing fee may be required with respect to an
 2648  appeal from the disapproval of homestead exemption under s.
 2649  196.151 or from the denial of tax deferral under s. 197.2425
 2650  197.253. Only a single filing fee shall be charged under this
 2651  section as to any particular parcel of property despite the
 2652  existence of multiple issues and hearings pertaining to such
 2653  parcel. For joint petitions filed pursuant to s. 194.011(3)(e)
 2654  or (f), a single filing fee shall be charged. Such fee shall be
 2655  calculated as the cost of the special magistrate for the time
 2656  involved in hearing the joint petition and shall not exceed $5
 2657  per parcel. Said fee is to be proportionately paid by affected
 2658  parcel owners.
 2659         Section 56. Subsection (12) of section 196.011, Florida
 2660  Statutes, is amended to read:
 2661         196.011 Annual application required for exemption.—
 2662         (12) Notwithstanding subsection (1), if when the owner of
 2663  property otherwise entitled to a religious exemption from ad
 2664  valorem taxation fails to timely file an application for
 2665  exemption, and because of a misidentification of property
 2666  ownership on the property tax roll the owner is not properly
 2667  notified of the tax obligation by the property appraiser and the
 2668  tax collector, the owner of the property may file an application
 2669  for exemption with the property appraiser. The property
 2670  appraiser must consider the application, and if he or she
 2671  determines the owner of the property would have been entitled to
 2672  the exemption had the property owner timely applied, the
 2673  property appraiser must grant the exemption. Any taxes assessed
 2674  on such property shall be canceled, and if paid, refunded. Any
 2675  tax certificates outstanding on such property shall be canceled
 2676  and refund made pursuant to s. 197.432(11) s. 197.432(10).
 2677         Section 57. Subsection (1) of section 197.374, Florida
 2678  Statutes, is amended to read:
 2679         197.374 Partial payment of current year taxes.—
 2680         (1) As used in this section, the term “partial payment”
 2681  means a payment that is less than the full amount of taxes due.
 2682  The term does not include payments made pursuant to s. 194.171,
 2683  s. 196.295, s. 197.222, s. 197.252, or s. 197.2524 s. 197.303.
 2684         Section 58. Section 197.603, Florida Statutes, is created
 2685  to read:
 2686         197.603Declaration of legislative findings and intent.—The
 2687  Legislature finds that the state has a strong interest in
 2688  ensuring due process and public confidence in a uniform, fair,
 2689  efficient, and accountable collection of property taxes by
 2690  county tax collectors. Therefore, tax collections shall be
 2691  supervised by the Department of Revenue pursuant to s.
 2692  195.002(1). The Legislature intends that the property tax
 2693  collection authorized by this chapter under s. 9(a), Art. VII of
 2694  the State Constitution be free from the influence or the
 2695  appearance of influence of the local governments that levy
 2696  property taxes and receive property tax revenues.
 2697         Section 59. Sections 197.202, 197.242, 197.304, 197.3041,
 2698  197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047,
 2699  197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076,
 2700  197.3077, 197.3078, and 197.3079, Florida Statutes, are
 2701  repealed.
 2702         Section 60. This act shall take effect July 1, 2011.