Florida Senate - 2026                                     SB 856
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00482A-26                                           2026856__
    1                        A bill to be entitled                      
    2         An act relating to disclosure of estimated ad valorem
    3         taxes; amending s. 689.261, F.S.; defining the terms
    4         “listing platform” and “property”; requiring that
    5         certain property listings include estimated ad valorem
    6         taxes; prohibiting the use of the current owner’s ad
    7         valorem assessment or taxes to calculate the estimated
    8         ad valorem taxes under certain circumstances;
    9         requiring listing platforms to calculate and display
   10         the estimated ad valorem taxes using specified
   11         methods; prohibiting the listing platform from
   12         displaying the current owner’s ad valorem taxes if
   13         such ad valorem taxes are not estimated using a tax
   14         estimator or buyer payment calculator; requiring
   15         listing platforms to instead include a link to the
   16         county property appraiser’s homepage and tax
   17         estimator; requiring the Department of Revenue to
   18         maintain on its website a table of links to each
   19         county’s property appraiser’s homepage and tax
   20         estimator; providing conditions for when the previous
   21         year’s ad valorem taxes may be displayed as part of a
   22         property’s historical tax information; providing
   23         immunity for specified parties for any inaccuracies in
   24         the estimated ad valorem taxes on a property listed on
   25         a listing platform; prohibiting printed listing
   26         materials from including specified information;
   27         requiring the department to develop a formula that may
   28         be used by listing platforms to calculate the
   29         estimated ad valorem taxes; requiring each county
   30         property appraiser to provide to the department any
   31         information needed to develop such formula; requiring
   32         the department, by a specified date, to annually
   33         publish on its website the formula and information
   34         collected; requiring the department to annually
   35         develop a countywide aggregate millage rate for each
   36         county for use by listing platforms as an alternative
   37         method of satisfying the requirements of the act;
   38         requiring the department to require each county
   39         property appraiser to provide to the department any
   40         information needed to develop the countywide aggregate
   41         millage rate; requiring the department, by a specified
   42         date, to annually publish on its website the
   43         countywide aggregate average millage rate for each
   44         county; authorizing the department to adopt rules;
   45         providing an effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Subsection (3) is added to section 689.261,
   50  Florida Statutes, to read:
   51         689.261 Sale of residential property; disclosure of ad
   52  valorem taxes to prospective purchaser.—
   53         (3)(a) As used in this subsection, the term:
   54         1. “Listing platform” means any public-facing online real
   55  property listing service, including, but not limited to,
   56  websites, web applications, and mobile applications.
   57         2. “Property” means residential real property located
   58  within this state.
   59         (b) Any property visible on a listing platform must include
   60  the estimated ad valorem taxes for such property.
   61         1. If the ad valorem taxes are estimated using a tax
   62  estimator or buyer payment calculator, the current owner’s ad
   63  valorem assessment or taxes may not be used to calculate the
   64  estimated ad valorem taxes. The listing platform must calculate
   65  and display the estimated ad valorem taxes using one of the
   66  following methods:
   67         a. The ad valorem taxes that would be due if the purchaser
   68  were taxed on the listing price of the property at current
   69  millage rates using the data and formula published under
   70  subparagraph (d)1. The use of such data and formula constitutes
   71  a reasonable estimate of ad valorem taxes. The listing platform
   72  must include a disclaimer on the same website or application as
   73  the estimated ad valorem taxes that the millage rates of
   74  applicable taxing authorities may vary within a county and that
   75  the estimated ad valorem taxes do not include all applicable
   76  non-ad valorem assessments or exemptions, discounts, and other
   77  tax benefits, including, but not limited to, transfer of the
   78  homestead assessment difference under s. 4, Art. VII of the
   79  State Constitution. The current owner’s and any previous years
   80  ad valorem taxes on the property may be displayed only as part
   81  of historical tax information.
   82         b. The ad valorem taxes that would be due if the purchaser
   83  were taxed on the listing price of the property at the
   84  countywide aggregate average millage rate using the data
   85  published under subparagraph (d)2. The platform shall include a
   86  link to the property appraiser’s tax estimator for the county in
   87  which the property is located, if available, or to such property
   88  appraiser’s homepage. The Department of Revenue must maintain a
   89  table of links to each property appraiser’s homepage and tax
   90  estimator, if available, on its website. The listing platform
   91  must include a disclaimer on the same website or application as
   92  the estimated ad valorem taxes that the millage rates of
   93  applicable taxing authorities may vary within a county and that
   94  the estimated ad valorem taxes do not include all applicable
   95  non-ad valorem assessments or exemptions, discounts, and other
   96  tax benefits, including, but not limited to, transfer of the
   97  homestead assessment difference under s. 4, Art. VII of the
   98  State Constitution. The current owner’s and any previous years
   99  ad valorem taxes on the property may be displayed only as part
  100  of historical tax information.
  101         2. If ad valorem taxes are not estimated using a tax
  102  estimator or buyer payment calculator as provided in
  103  subparagraph 1., the listing platform may not display the
  104  current owner’s ad valorem taxes and must include a link to the
  105  property appraiser’s tax estimator for the county in which the
  106  property is located, if available, or to such property
  107  appraiser’s homepage. The department shall maintain a table of
  108  links to each county property appraiser’s homepage and tax
  109  estimator, if available, on its website. The previous years ad
  110  valorem taxes on the property may not be displayed as part of
  111  historical tax information.
  112         3. There is complete immunity for claims against a listing
  113  platform or licensee under chapter 475 for any inaccuracy in the
  114  estimated ad valorem taxes on a property listed on the listing
  115  platform.
  116         (c) The current owner’s ad valorem taxes may not be
  117  included in any printed listing materials concerning a property.
  118         (d)1. The department shall develop a formula that may be
  119  used by a listing platform to calculate the estimated ad valorem
  120  taxes required under this subsection. Each county property
  121  appraiser shall provide the department with any information
  122  needed to develop the formula, including, at a minimum, the
  123  county name, tax district code, school district millage rate,
  124  and summary millage rate for all other applicable taxing
  125  authorities. Beginning December 15, 2026, and annually
  126  thereafter, the department shall publish on its website the
  127  formula and the information collected from each property
  128  appraiser under this subparagraph.
  129         2. The department shall annually develop a countywide
  130  aggregate average millage rate for each county which may be used
  131  by a listing platform as an alternative method of meeting the
  132  requirements of this subsection. The department shall require
  133  each county property appraiser to provide the department with
  134  any information needed to develop the countywide aggregate
  135  average millage rate. Beginning December 15, 2026, and annually
  136  thereafter, the department shall publish on its website the
  137  countywide aggregate average millage rate and the information
  138  collected from each property appraiser under this subparagraph.
  139         (e) The department may adopt rules to implement paragraph
  140  (d).
  141         Section 2. This act shall take effect July 1, 2026.