TAX NEWS - JULY 2009

Florida Property Tax Oversight: Cost of Electronic Tax Deed Sales

Florida Department of Revenue Property Tax Informational Bulletin

The 2009 Legislature enacted Chapter 2009-204, Laws of Florida, effective July 1, 2009 (SB 2108). Section 13 amends section 197.542, Florida Statutes, adding the costs to conduct an electronic tax deed sale to certain other costs which must be paid by the certificate holder.

Section 13. Subsection (4) of section 197.542, Florida Statutes, is amended to read (words stricken are deletions; words underlined are additions):

197.542 Sale at public auction.—

(4)(a) A clerk may conduct electronic tax deed sales in lieu of public outcry. The clerk must comply with the procedures provided in this chapter, except that electronic proxy bidding shall be allowed and the clerk may require bidders to advance sufficient funds to pay the deposit required by subsection (2). The clerk shall provide access to the electronic sale by computer terminals open to the public at a designated location. A clerk who conducts such electronic sales may receive electronic deposits and payments related to the sale. The portion of an advance deposit from a winning bidder required by subsection (2) shall, upon acceptance of the winning bid, be subject to the fee under s. 28.24(10).

(b) Nothing in this subsection shall be construed to restrict or limit the authority of a charter county from conducting electronic tax deed sales. In a charter county where the clerk of the circuit court does not conduct all electronic sales, the charter county shall be permitted to receive electronic deposits and payments related to sales it conducts, as well as to subject the winning bidder to a fee, consistent with the schedule in s. 28.24(10). (c) The costs of electronic tax deed sales shall be added to the charges for the costs of sale under subsection (1) and paid by the certificateholder when filing an application for a tax deed.