Florida Senate - 2016                                    SB 1128
       
       
        
       By Senator Detert
       
       28-01421-16                                           20161128__
    1                        A bill to be entitled                      
    2         An act relating to sales of tax certificates for
    3         unpaid taxes; amending s. 197.432, F.S.; prohibiting a
    4         bidder from placing multiple bids during the sale of
    5         certain tax certificates by a tax collector; providing
    6         a penalty; providing definitions; specifying what
    7         constitutes multiple bidders or entities; amending s.
    8         197.172, F.S.; authorizing individual counties to set
    9         the interest rate on real property taxes; requiring
   10         each county to set the interest rate on tax
   11         certificates annually; establishing the interest rate
   12         for certain tax delinquencies; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (6) of section 197.432, Florida
   18  Statutes, is amended to read:
   19         197.432 Sale of tax certificates for unpaid taxes.—
   20         (6) Each certificate shall be awarded to the person who
   21  will pay the taxes, interest, costs, and charges and will demand
   22  the lowest rate of interest, not in excess of the maximum rate
   23  of interest allowed by this chapter. The tax collector shall
   24  accept bids in even increments and in fractional interest rate
   25  bids of one-quarter of 1 percent only. An individual bidder or
   26  corporate bidder entity may not submit more than one bid for
   27  each certificate and may not use multiple federal employer
   28  identification numbers to submit multiple bids. An individual
   29  bidder or corporate bidder entity who violates this protocol is
   30  barred from bidding in any county tax certificate sales for 2
   31  consecutive years after identification and verification of the
   32  bidding violation. If multiple bidders offer the same lowest
   33  rate of interest, the tax collector shall determine the method
   34  of selecting the bidder to whom the certificate will be awarded.
   35  Acceptable methods include the bid received first or use of a
   36  random-number generator. If a certificate is not purchased, the
   37  certificate shall be struck to the county, at an interest rate
   38  set by the county, up to at the maximum rate of interest allowed
   39  by this chapter. For purposes of this subsection, the term
   40  “individual bidder” or “corporate bidder entity” means an
   41  individual, corporation, partnership, joint venture, limited
   42  liability company, association, cooperative, joint venture,
   43  estate, trust, or any other type of individual, commercial
   44  entity, group, or combination thereof, whether domestic or
   45  foreign and whether for profit or not for profit. For purposes
   46  of this section, multiple bidders or entities that share a
   47  contractual, legal, or financial relationship are considered
   48  part of the same individual bidder or entity, which relationship
   49  is deemed to exist if they display any of the following
   50  characteristics:
   51         (a) Sharing a single taxpayer identification number;
   52         (b) Filing a single tax return, jointly or as a dependent;
   53         (c) Sharing common employees;
   54         (d) Owning common assets;
   55         (e) Displaying noncompetitive bidding behavior;
   56         (f) Sharing a common pool of capital for the purchase of
   57  certificates;
   58         (g) Employing a bidding or registration strategy meant to
   59  gain an advantage when determining the winner among tie bids; or
   60         (h) Exhibiting ownership of each other.
   61         Section 2. Subsections (1), (2), and (3) of section
   62  197.172, Florida Statutes, are amended to read:
   63         197.172 Interest rate; calculation and minimum.—
   64         (1) Real property taxes shall bear interest at a rate set
   65  by the county upon which the property resides the rate of 18
   66  percent per year from the date of delinquency until a
   67  certificate is sold, except that the minimum charge for
   68  delinquent taxes paid prior to the sale of a tax certificate
   69  shall be 3 percent.
   70         (2) Each county shall annually set the maximum rate of
   71  interest on a tax certificate for the following calendar year is
   72  18 percent per year. However, a tax certificate may not bear
   73  interest, and the mandatory interest as provided by s.
   74  197.472(2) may not be levied during the 60-day period following
   75  the date of delinquency, except for the 3 percent mandatory
   76  interest charged under subsection (1).
   77         (3) Personal property taxes shall bear interest at the rate
   78  set by the jurisdictional county for the year of delinquency, of
   79  18 percent per year from the date of delinquency until paid or
   80  barred under chapter 95.
   81         Section 3. This act shall take effect July 1, 2016.