Florida Senate - 2025                                     SB 708
       
       
        
       By Senator DiCeglie
       
       
       
       
       
       18-00893-25                                            2025708__
    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 current owner’s ad valorem
    7         taxes from being displayed or used for certain
    8         purposes; providing an exception; providing
    9         requirements for listing platforms, the Department of
   10         Revenue, and property appraisers; providing protection
   11         from liability for specified parties who take certain
   12         actions; providing construction; prohibiting certain
   13         materials from including specified information;
   14         requiring, beginning on a specified date, the
   15         department to publish a formula and certain
   16         information annually on its website; authorizing the
   17         department to adopt rules; providing an effective
   18         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) As used in this subsection, the term:
   27         1. “Listing platform” means any public-facing online real
   28  property listing platform, including, but not limited to,
   29  websites, web applications, and mobile applications.
   30         2. “Property” means residential real property located
   31  within the state.
   32         (b) Any property visible on a listing platform must include
   33  the estimated ad valorem taxes for such property.
   34         1. The current owner’s ad valorem taxes may not be
   35  displayed or used to calculate the estimated ad valorem taxes.
   36  However, the current owner’s ad valorem taxes may be included as
   37  part of historical tax information, if similar historical tax
   38  information was included on the listing platform as of January
   39  1, 2025, and if such information is displayed less prominently
   40  than the tax estimate calculated under this subsection.
   41         2. If the ad valorem taxes are estimated using a tax
   42  estimator or buyer payment calculator, the listing platform must
   43  calculate and display the ad valorem taxes that would be due if
   44  the purchaser were taxed on the listing price of the property at
   45  current millage rates using the data and formula published under
   46  paragraph (d). The use of such data and formula constitutes a
   47  reasonable estimate of ad valorem taxes. The listing platform
   48  must include a disclaimer next to the estimated ad valorem taxes
   49  that the millage rates of applicable taxing authorities may vary
   50  within a county and that the estimated ad valorem taxes do not
   51  include all applicable non-ad valorem assessments or exemptions,
   52  discounts, and other tax benefits, including, but not limited
   53  to, transfer of the homestead assessment difference under s. 4,
   54  Art. VII of the State Constitution.
   55         3. If ad valorem taxes are not estimated using a tax
   56  estimator or buyer payment calculator as provided in
   57  subparagraph 2., the listing platform must include a link to the
   58  property appraiser’s tax estimator for the county in which the
   59  property is located, if available, or to such property
   60  appraiser’s home page. The Department of Revenue shall maintain
   61  a table of links to each property appraiser’s home page and tax
   62  estimator, if available, on its website.
   63         4. There shall be no liability on the part of, and no cause
   64  of action of any nature shall arise against, a listing platform
   65  nor licensee under chapter 475 for the accuracy of the estimated
   66  ad valorem taxes of a property listed on a listing platform when
   67  in compliance with this paragraph.
   68         (c) The current owner’s ad valorem taxes may not be
   69  included within any:
   70         1. Printed listing materials concerning a property.
   71         2. Post on a social media platform pertaining to a property
   72  listed for sale.
   73         (d) The Department of Revenue shall annually develop a
   74  formula that may be used by a listing platform to calculate the
   75  estimated ad valorem taxes required under this subsection. The
   76  department shall require each property appraiser to provide the
   77  department with any information needed to develop the formula,
   78  including, at a minimum, the county name, tax district code,
   79  summary school millage rate, and summary millage rate for all
   80  other applicable taxing authorities. Beginning December 15,
   81  2025, and annually thereafter, the department shall publish the
   82  formula and the information collected from each property
   83  appraiser under this paragraph on its website.
   84         (e) The Department of Revenue may adopt rules to implement
   85  paragraph (d).
   86         Section 2. This act shall take effect January 1, 2026.