Senate Bill sb2412

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    Florida Senate - 2007                                  SB 2412

    By Senator Diaz de la Portilla





    36-1073-07

  1                      A bill to be entitled

  2         An act relating to tangible personal property

  3         taxes; amending s. 197.333, F.S.; requiring

  4         that an original tax notice inform the taxpayer

  5         that delinquent taxes and any resulting

  6         penalties and interest may be referred to a

  7         collection agent; providing that a collection

  8         agent's compensation and certain other costs

  9         are added to the total amount owed by the

10         delinquent taxpayer and become part of the

11         underlying personal property tax lien; amending

12         s. 197.413, F.S.; providing that an owner is

13         liable for all unpaid personal property taxes,

14         penalties, costs, fees, and interest upon the

15         delinquency of the taxes; authorizing tax

16         collectors to contract with certain outside

17         collection agents to collect delinquent taxes;

18         authorizing tax collectors to charge a

19         specified collection fee; specifying fees for

20         collection agents; authorizing tax collectors

21         to recover certain fees in actions that include

22         unpaid taxes for the current year to which the

23         collection fee has not already attached;

24         providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 197.333, Florida Statutes, is

29  amended to read:

30         197.333  When taxes due; delinquent.--

31  

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    Florida Senate - 2007                                  SB 2412
    36-1073-07




 1         (1)  All taxes shall be due and payable on November 1

 2  of each year or as soon thereafter as the certified tax roll

 3  is received by the tax collector.  Taxes shall become

 4  delinquent on April 1 following the year in which they are

 5  assessed or immediately after 60 days have expired from the

 6  mailing of the original tax notice, whichever is later.  If

 7  the delinquency date for ad valorem taxes is later than April

 8  1 of the year following the year in which taxes are assessed,

 9  all dates or time periods specified in this chapter relative

10  to the collection of, or administrative procedures regarding,

11  delinquent taxes shall be extended a like number of days.

12         (2)  The original tax notice must inform the taxpayer

13  that:

14         (a)  Any delinquent tangible personal property tax,

15  penalty, and interest may be referred to a collection agent

16  for collection; and

17         (b)  Such agent's compensation and certain other costs,

18  including court costs and the cost of advertising, shall be

19  added to the total amount owed by the delinquent taxpayer and

20  shall become part of the underlying personal property tax lien

21  arising under s. 197.122(1).

22         Section 2.  Subsections (1) and (3) of section 197.413,

23  Florida Statutes, are amended to read:

24         197.413  Delinquent personal property taxes; warrants;

25  court order for levy and seizure of personal property;

26  seizure; fees of tax collectors.--

27         (1)  Prior to May 1 of each year immediately following

28  the year of assessment, the tax collector shall prepare a list

29  of the unpaid personal property taxes containing the names and

30  addresses of the taxpayers and the property subject to the tax

31  as the same appear on the tax roll. Prior to April 30 of the

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    Florida Senate - 2007                                  SB 2412
    36-1073-07




 1  next year, the tax collector shall prepare warrants against

 2  the delinquent taxpayers providing for the levy upon, and

 3  seizure of, tangible personal property. The cost of

 4  advertising delinquent tax shall be added to the delinquent

 5  taxes at the time of advertising. The tax collector is not

 6  required to issue warrants if delinquent taxes are less than

 7  $50. However, such taxes shall remain due and payable. Upon

 8  the delinquency of the taxes, an owner is liable for all

 9  unpaid delinquent personal property taxes, penalties, costs,

10  fees, and interest.

11         (3)  The tax collector may employ in-house counsel, and

12  agree upon the counsel's compensation, for conducting such

13  suit or suits and may pay such compensation out of the general

14  office expense fund and include such item in the budget. The

15  tax collector may also contract with an outside collection

16  agent who is a member in good standing of The Florida Bar or

17  who is registered and in good standing pursuant to chapter 559

18  to collect by suit or otherwise all delinquent tangible

19  personal property taxes. In order to defray the expense of the

20  collection agent's compensation, a collection fee equal

21  to      percent of the amount of the delinquent taxes,

22  penalties, and interest owed shall be added to all personal

23  property taxes, penalties, and interest referred to the agent.

24  The agent's fees shall be equal to 20 percent of the amount of

25  the delinquent taxes, penalties, and interest collected. In a

26  warrant or other action on proceedings that include unpaid

27  taxes for the current year to which the collection fee has not

28  yet attached, the tax collector may recover agent's fees in an

29  amount equal to 20 percent of the amount of taxes, penalties,

30  and interest adjudged due by the court.

31  

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    Florida Senate - 2007                                  SB 2412
    36-1073-07




 1         Section 3.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Requires that an original tax notice inform the taxpayer
      that delinquent taxes and any resulting penalties or
 7    interest may be referred to a collection agent. Provides
      that a collection agent's compensation and certain other
 8    costs are added to the total amount owed by the
      delinquent taxpayer and become part of the underlying
 9    personal property tax lien. Provides that an owner is
      liable for all unpaid personal property taxes, penalties,
10    costs, fees, and interest upon the delinquency of the
      taxes. Authorizes tax collectors to contract with certain
11    outside collection agents to collect delinquent taxes.
      Authorizes tax collectors to charge a specified
12    collection fee. Establishes specified fees for collection
      agents. Authorizes tax collectors to recover certain fees
13    in actions that include unpaid taxes for the current year
      to which the collection fee has not already attached.
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