The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 197
TAX COLLECTIONS, SALES, AND LIENS

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F.S. 197.102

197.102 Definitions.—

(1) As used in this chapter, the following definitions apply, unless the context clearly requires otherwise:

(a) “Awarded” means the time when the tax collector or a designee determines and announces verbally or through the closing of the bid process in a live or an electronic auction that a buyer has placed the winning bid on a tax certificate at a tax certificate sale.

(b) “Department,” unless otherwise specified, means the Department of Revenue.

(c) “Omitted taxes” means those taxes which have not been extended on the tax roll against a parcel of property after the property has been placed upon the list of lands available for taxes pursuant to s. 197.502.

(d) “Proxy bidding” means a method of bidding by which a bidder authorizes an agent, whether an individual or an electronic agent, to place bids on his or her behalf.

(e) “Random number generator” means a computational device that generates a sequence of numbers that lack any pattern and is used to resolve a tie when multiple bidders have bid the same lowest amount by assigning a number to each of the tied bidders and randomly determining which one of those numbers is the winner.

(f) “Tax certificate” means a paper or electronic legal document, representing unpaid delinquent real property taxes, non-ad valorem assessments, including special assessments, interest, and related costs and charges, issued in accordance with this chapter against a specific parcel of real property and becoming a first lien thereon, superior to all other liens, except as provided by s. 197.573(2).

(g) “Tax notice” means the paper or electronic tax bill sent to taxpayers for payment of any taxes or special assessments collected pursuant to this chapter, or the bill sent to taxpayers for payment of the total of ad valorem taxes and non-ad valorem assessments collected pursuant to s. 197.3632.

(h) “Tax receipt” means the paid tax notice.

(i) “Tax rolls” and “assessment rolls” are synonymous and mean the rolls prepared by the property appraiser pursuant to chapter 193 and certified pursuant to s. 193.122.

(2) If a local government uses the method in s. 197.3632 to levy, collect, or enforce a non-ad valorem assessment, the following definitions apply:

(a) “Ad valorem tax roll” means the roll prepared by the property appraiser and certified to the tax collector for collection.

(b) “Non-ad valorem assessment roll” means a roll prepared by a local government and certified to the tax collector for collection.

History.—s. 127, ch. 85-342; s. 64, ch. 88-130; s. 3, ch. 88-216; s. 5, ch. 90-343; s. 2, ch. 2011-151.

F.S. 197.102 on Google Scholar

F.S. 197.102 on Casetext

Amendments to 197.102

Arrestable Offenses / Crimes under Fla. Stat. 197.102

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 197.102.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ORACLE REAL ESTATE HOLDINGS I LLC, v. ADRIAN HOLDINGS COMPANY I, LLC, II, LLC, J., 582 F. Supp. 2d 616 (S.D.N.Y. 2008)

. . . document, representing unpaid delinquent real property taxes ... and becoming a first lien thereon-” § 197.102 . . . Ann. 197.102(3) (West 2008); see § 197.573(2) (exceptions). . . .

In A. LAGO M. In C. In R. In, 301 B.R. 365 (Bankr. S.D. Fla. 2003)

. . . Section 197.102(3), Florida Statutes, defines a tax certificate as a document “representing unpaid delinquent . . .

In DROUMTSEKAS,, 269 B.R. 463 (Bankr. M.D. Fla. 2000)

. . . . §§ 197.102(3), .432(2), .472. . . . Section 197.102(3) of the Florida Statutes clearly defines a tax certificate as a first lien on the real . . .

ESCAMBIA COUNTY, a v. BELL, III,, 717 So. 2d 85 (Fla. Dist. Ct. App. 1998)

. . . See §§ 197.102(4),.322, Fla. Stat. . . .

SECURITIES AND EXCHANGE COMMISSION, v. ELLIOTT,, 620 So. 2d 159 (Fla. 1993)

. . . First, section 197.102(3), Florida Statutes (1991), defines a tax certificate: “Tax certificate” means . . . Because section 197.102(3) clearly defines a tax certificate as a first lien on real property, the plain . . .

E. WALKER, v. PALM BEACH COMMERCE CENTER ASSOCIATED, LTD., 614 So. 2d 1097 (Fla. 1993)

. . . . §§ 197.102(3), .432(2), .472. . . .