197.3632 Uniform method for the levy, collection,
and enforcement of non-ad valorem assessments. ---
(1) As used in this section:
(a) "Levy" means the imposition of a non-ad valorem assessment,
stated in terms of rates, against all appropriately located property by a
governmental body authorized by law to impose non-ad valorem
assessments.
(b) "Local government" means a county, municipality, or special
district levying non-ad valorem assessments.
(c) "Local governing board" means a governing board of a local
government.
(d) "Non-ad valorem assessment" means only those assessments
which are not based upon millage and which can become a lien against a
homestead as permitted in s. 4, Art. X of the State Constitution.
(e) "Non-ad valorem assessment roll" means the roll prepared by a
local government and certified to the tax collector for collection.
(f) "Compatible electronic medium" or "media" means
machine-readable electronic repositories of data and information, including,
but not limited to, magnetic disk, magnetic tape, and magnetic diskette
technologies, which provide without modification that the data and information
therein are in harmony with and can be used in concert with the data and
information on the ad valorem tax roll keyed to the property identification
number used by the property appraiser.
(g) "Capital project assessment" means a non-ad valorem
assessment levied to fund a capital project, which assessment may be payable
in annual payments with interest, over a period of years.
(2) A local governing board shall enter into a written agreement
with the property appraiser and tax collector providing for reimbursement of
necessary administrative costs incurred under this section. Administrative
costs shall include, but not be limited to, those costs associated with
personnel, forms, supplies, data processing, computer equipment, postage, and
programming.
(3)
(a) Notwithstanding any other provision of law to the contrary, a
local government which is authorized to impose a non-ad valorem assessment and
which elects to use the uniform method of collecting such assessment for the
first time as authorized in this section shall adopt a resolution at a public
hearing prior to January 1 or, if the property appraiser, tax collector, and
local government agree, March 1. The resolution shall clearly state its
intent to use the uniform method of collecting such assessment. The local
government shall publish notice of its intent to use the uniform method for
collecting such assessment weekly in a newspaper of general circulation within
each county contained in the boundaries of the local government for 4
consecutive weeks preceding the hearing. The resolution shall state the need
for the levy and shall include a legal description of the boundaries of the
real property subject to the levy. If the resolution is adopted, the local
governing board shall send a copy of it by United States mail to the property
appraiser, the tax collector, and the department by January 10 or, if the
property appraiser, tax collector, and local government agree, March 10.
(b) Annually by June 1, the property appraiser shall provide each
local government using the uniform method with the following information by
list or compatible electronic medium: the legal description of the property
within the boundaries described in the resolution, and the names and addresses
of the owners of such property. Such information shall reference the property
identification number and otherwise conform in format to that contained on the
ad valorem roll submitted to the department. The property appraiser is not
required to submit information which is not on the ad valorem roll or
compatible electronic medium submitted to the department. If the local
government determines that the information supplied by the property appraiser
is insufficient for the local government's purpose, the local government shall
obtain additional information from any other source.
(4)
(a) A local government shall adopt a non-ad valorem assessment roll
at a public hearing held between June 1 and September 15 if:
1. The non-ad valorem assessment is levied for the first
time;
2. The non-ad valorem assessment is increased beyond the maximum
rate authorized by law or judicial decree at the time of initial
imposition;
3. The local government's boundaries have changed, unless all newly
affected property owners have provided written consent for such assessment to
the local governing board; or
4. There is a change in the purpose for such assessment or in the
use of the revenue generated by such assessment.
(b) At least 20 days prior to the public hearing, the local
government shall notice the hearing by first-class United States mail and by
publication in a newspaper generally circulated within each county contained
in the boundaries of the local government. The notice by mail shall be sent
to each person owning property subject to the assessment and shall include the
following information: the purpose of the assessment; the total amount to be
levied against each parcel; the unit of measurement to be applied against each
parcel to determine the assessment; the number of such units contained within
each parcel; the total revenue the local government will collect by the
assessment; a statement that failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in a loss of
title; a statement that all affected property owners have a right to appear at
the hearing and to file written objections with the local governing board
within 20 days of the notice; and the date, time, and place of the hearing.
However, notice by mail shall not be required if notice by mail is otherwise
required by general or special law governing a taxing authority and such
notice is served at least 30 days prior to the authority's public hearing on
adoption of a new or amended non-ad valorem assessment roll. The published
notice shall contain at least the following information: the name of the local
governing board; a geographic depiction of the property subject to the
assessment; the proposed schedule of the assessment; the fact that the
assessment will be collected by the tax collector; and a statement that all
affected property owners have the right to appear at the public hearing and
the right to file written objections within 20 days of the publication of the
notice.
(c) At the public hearing, the local governing board shall receive
the written objections and shall hear testimony from all interested persons.
The local governing board may adjourn the hearing from time to time. If the
local governing board adopts the non-ad valorem assessment roll, it shall
specify the unit of measurement for the assessment and the amount of the
assessment. Notwithstanding the notices provided for in paragraph (b), the
local governing board may adjust the assessment or the application of the
assessment to any affected property based on the benefit which the board will
provide or has provided to the property with the revenue generated by the
assessment.
(5) By September 15 of each year, the chair of the local
governing board or his or her designee shall certify a non-ad valorem
assessment roll on compatible electronic medium to the tax collector. The
local government shall post the non-ad valorem assessment for each parcel on
the roll. The tax collector shall not accept any such roll that is not
certified on compatible electronic medium and that does not contain the
posting of the non-ad valorem assessment for each parcel. It is the
responsibility of the local governing board that such roll be free of errors
and omissions. Alterations to such roll may be made by the chair or his or
her designee up to 10 days before certification. If the tax collector
discovers errors or omissions on such roll, he or she may request the local
governing board to file a corrected roll or a correction of the amount of any
assessment.
(6) If the non-ad valorem assessment is to be collected for a
period of more than 1 year or is to be amortized over a number of years, the
local governing board shall so specify and shall not be required to annually
adopt the non-ad valorem assessment roll. However, the local governing board
shall inform the property appraiser, tax collector, and department by January
10 if it intends to discontinue using the uniform method of collecting such
assessment.
(7) Non-ad valorem assessments collected pursuant to this section
shall be included in the combined notice for ad valorem taxes and non-ad
valorem assessments provided for in s. 197.3635. A separate mailing is
authorized only as a solution to the most exigent factual circumstances.
However, if a tax collector cannot merge a non-ad valorem assessment roll to
produce such a notice, he or she shall mail a separate notice of non-ad
valorem assessments or shall direct the local government to mail such a
separate notice. In deciding whether a separate mailing is necessary, the tax
collector shall consider all costs to the local government and taxpayers of
such a separate mailing and the adverse effects to the taxpayers of delayed
and multiple notices. The local government whose roll could not be merged
shall bear all costs associated with the separate notice.
(8)
(a) Non-ad valorem assessments collected pursuant to this section
shall be subject to all collection provisions of this chapter, including
provisions relating to discount for early payment, prepayment by installment
method, deferred payment, penalty for delinquent payment, and issuance and
sale of tax certificates and tax deeds for nonpayment.
(b) Within 30 days following the hearing provided in subsection (4),
any person having any right, title, or interest in any parcel against which an
assessment has been levied may elect to prepay the same in whole, and the
amount of such assessment shall be the full amount levied, reduced, if the
local government so provides, by a discount equal to any portion of the
assessment which is attributable to the parcel's proportionate share of any
bond financing costs, provided the errors and insolvency procedures available
for use in the collection of ad valorem taxes pursuant to s. 197.492 are
followed.
(c) Non-ad valorem assessments shall also be subject to the
provisions of s. 192.091(2)(b), or the tax collector at his or her option
shall be compensated for the collection of non-ad valorem assessments based on
the actual cost of collection, whichever is greater. However, a municipal or
county government shall only compensate the tax collector for the actual cost
of collecting non-ad valorem assessments.
(9)
(a) A local government may elect to use the uniform method of
collecting non-ad valorem assessments as authorized by this section for any
capital project assessment levied pursuant to general or special law or
municipal or county ordinance, whether or not such assessment was initially
imposed prior to January 1, 1990, or has previously been collected by another
method. Capital project assessments may be levied and collected prior to
completion of the capital project.
(b)
1. Except as provided in this subsection, the local government shall
comply with all of the requirements set forth in subsections (1) through
(8).
2. The requirements set forth in subsection (4) shall be deemed
satisfied if:
a. The local government adopts or reaffirms the non-ad valorem
assessment roll at a public hearing held at any time prior to certification of
the non-ad valorem assessment roll pursuant to subsection (5) for the first
year in which the capital project assessment is to be collected in the manner
authorized by this section; and
b. The local government provides notice of the public hearing in
the manner provided in paragraph (4)(b).
3. The local government shall not be required to allow prepayment as
set forth in paragraph (8)(b); however, if prepayment is allowed, the errors
and insolvency procedures available for use in the collection of ad valorem
taxes pursuant to s. 197.492 shall be followed.
(c) Any hearing or notice required by this section may be combined
with any other hearing or notice required by this section or by the general or
special law or municipal or county ordinance pursuant to which a capital
project assessment is levied.
(10) The department shall adopt rules to implement the provisions
of this section.
History: s. 68, ch. 88-130; s. 7, ch. 88-216; s. 8, ch. 90-343; s. 2, ch. 91-238;
s. 1013, ch. 95-147.