689.261 Sale of residential property; disclosure of ad valorem taxes to prospective purchaser.—
(1) A prospective purchaser of residential property must be presented a disclosure summary at or before execution of the contract for sale. Unless a substantially similar disclosure summary is included in the contract for sale, a separate disclosure summary must be attached to the contract for sale. The disclosure summary, whether separate or included in the contract, must be in a form substantially similar to the following:
PROPERTY TAX DISCLOSURE SUMMARY
BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER’S OFFICE FOR INFORMATION.
(2) Unless included in the contract, the disclosure summary must be provided by the seller. If the disclosure summary is not included in the contract for sale, the contract for sale must refer to and incorporate by reference the disclosure summary and include, in prominent language, a statement that the potential purchaser should not execute the contract until he or she has read the disclosure summary required by this section.
(3)(a)1. “Listing platform” means any public-facing online real property listing service, including, but not limited to, websites, web applications, and mobile applications. The term does not include a social media platform as defined in s. 501.2041(1).
2. “Property” means residential real property located within this state.
(b) Beginning February 1, 2027, any property visible on a listing platform must include the estimated ad valorem taxes for such property.
1. If the ad valorem taxes are estimated using a tax estimator or buyer payment calculator, the current owner’s ad valorem assessment or taxes may not be used to calculate the estimated ad valorem taxes. The listing platform must calculate and display the estimated ad valorem taxes using one of the following methods:
a. The ad valorem taxes that would be due if the purchaser were taxed on the listing price of the property at current millage rates using the data and formula published under subparagraph (d)1. The use of such data and formula constitutes a reasonable estimate of ad valorem taxes. The listing platform must include a disclaimer on the same website or application as the estimated ad valorem taxes that the millage rates of applicable taxing authorities may vary within a county and that the estimated ad valorem taxes do not include all applicable non-ad valorem assessments or exemptions, discounts, and other tax benefits, including, but not limited to, transfer of the homestead assessment difference under s. 4, Art. VII of the State Constitution. The current owner’s and any previous years’ ad valorem taxes on the property may be displayed only as part of historical tax information.
b. The ad valorem taxes that would be due if the purchaser were taxed on the listing price of the property at the countywide aggregate average millage rate using the data published under subparagraph (d)2. The listing platform must include a link to the property appraiser’s tax estimator for the county in which the property is located, if available, or to such property appraiser’s homepage. The Department of Revenue shall maintain a table of links to each property appraiser’s homepage and tax estimator, if available, on its website. The listing platform must include a disclaimer on the same website or application as the estimated ad valorem taxes stating that the millage rates of applicable taxing authorities may vary within a county and that the estimated ad valorem taxes do not include all applicable non-ad valorem assessments or exemptions, discounts, and other tax benefits, including, but not limited to, transfer of the homestead assessment difference under s. 4, Art. VII of the State Constitution. The current owner’s and any previous years’ ad valorem taxes on the property may be displayed only as part of historical tax information.
2. If ad valorem taxes are not estimated using a tax estimator or buyer payment calculator as provided in subparagraph 1., the listing platform may not display the current owner’s ad valorem taxes and must include a link to the property appraiser’s tax estimator for the county in which the property is located, if available, or to such property appraiser’s homepage. The department shall maintain a table of links to each county property appraiser’s homepage and tax estimator, if available, on its website. The previous year’s ad valorem taxes on the property may not be displayed as part of historical tax information.
3. There is no liability on the part of, and no cause of action may arise against, any person for an inaccurate estimation of ad valorem taxes for a property listed on a listing platform.
(c) Beginning February 1, 2027, the current owner’s ad valorem taxes may not be included in any printed listing materials concerning a property.
(d)1. The department shall develop a formula that may be used by a listing platform to calculate the estimated ad valorem taxes required under this subsection. Each county property appraiser shall provide the department with any information needed to develop the formula, including, at a minimum, the county name, tax district code, school district millage rate, and summary millage rate for all other applicable taxing authorities. Beginning December 15, 2026, and annually thereafter, the department shall publish on its website the formula and the information collected from each property appraiser under this subparagraph.
2. The department shall annually develop a countywide aggregate average millage rate for each county which may be used by a listing platform as an alternative method of meeting the requirements of this subsection. The department shall require each county property appraiser to provide the department with any information needed to develop the countywide aggregate average millage rate. Beginning December 15, 2026, and annually thereafter, the department shall publish on its website the countywide aggregate average millage rate and the information collected from each property appraiser under this subparagraph.
(e) The department may adopt rules to implement paragraph (d).
