Florida Senate - 2023                                     SB 974
       
       
        
       By Senator Hooper
       
       
       
       
       
       21-01213A-23                                           2023974__
    1                        A bill to be entitled                      
    2         An act relating to disclosures of ad valorem taxes;
    3         amending s. 689.261, F.S.; requiring online real
    4         property listing platforms to include an ad valorem
    5         tax estimator for online listings of residential
    6         property; providing requirements for such tax
    7         estimator and platforms; requiring property appraisers
    8         to provide specified information relating to ad
    9         valorem taxes to the Department of Revenue; requiring
   10         the department to annually publish specified
   11         information on its website by a specified date;
   12         requiring online real property listing platforms to
   13         use listing prices for purposes of the tax estimator;
   14         providing that the use of specified information
   15         constitutes a reasonable estimate of ad valorem taxes;
   16         requiring online real property listing platforms to
   17         provide a specified link on online listings; providing
   18         an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (3) is added to section 689.261,
   23  Florida Statutes, to read:
   24         689.261 Sale of residential property; disclosure of ad
   25  valorem taxes to prospective purchaser.—
   26         (3)(a)All online listings of residential property visible
   27  on any public-facing online real property listing platform,
   28  including, but not limited to, websites, web applications, or
   29  mobile applications, must include an ad valorem tax estimator
   30  tool that calculates the ad valorem tax that would be due if the
   31  purchaser were taxed on the listing price of the property at
   32  current millage rates. Any ad valorem tax calculated by the tax
   33  estimator tool must be identified on the platform as a
   34  purchaser’s property tax estimate and must specify that the
   35  estimated taxes are as if the listing price were the taxable
   36  value of the property on January 1 and do not represent actual
   37  taxes due for the property. The platform must include an
   38  explanation that the jurisdiction of applicable taxing
   39  authorities may vary within a county and that the estimate does
   40  not include all applicable non-ad valorem assessments or
   41  exemptions, discounts, and other tax benefits, including, but
   42  not limited to, portable homestead benefits under s. 4, Art. VII
   43  of the State Constitution. The seller’s taxes may not be
   44  displayed.
   45         (b)Each property appraiser shall annually provide the
   46  Department of Revenue with updated information needed to
   47  calculate an estimate of ad valorem taxes, including, but not
   48  limited to, the county name, the tax district code, the summary
   49  school millage rate, and the summary millage rate for all other
   50  applicable taxing authorities for the county. The department
   51  shall publish such information on or before December 15 each
   52  year along with the formula required to calculate an estimate of
   53  ad valorem taxes, both with and without applying homestead
   54  exemptions.
   55         (c)Online real property listing platforms required to
   56  provide a tax estimator tool under paragraph (a) must use the
   57  listing price as the taxable value of the property for the
   58  estimated ad valorem tax calculation. The use of data fields and
   59  formulas provided by the department pursuant to paragraph (b)
   60  and the listing price as the basis for an estimate constitute a
   61  reasonable estimate of ad valorem taxes as of January 1 of the
   62  tax year after the property is purchased.
   63         (d)In addition to providing the tax estimator tool
   64  required under paragraph (a), an online real property listing
   65  platform must provide a link to the respective county property
   66  appraiser office’s website for a more detailed property tax
   67  estimate for the residential parcel.
   68         Section 2. This act shall take effect July 1, 2023.