The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 197
TAX COLLECTIONS, SALES, AND LIENS

View Entire Chapter

F.S. 197.172

197.172 Interest rate; calculation and minimum.—

(1) Real property taxes shall bear interest at the rate of 18 percent per year from the date of delinquency until a certificate is sold, except that the minimum charge for delinquent taxes paid prior to the sale of a tax certificate shall be 3 percent.

(2) The maximum rate of interest on a tax certificate is 18 percent per year. However, a tax certificate may not bear interest, and the mandatory interest as provided by s. 197.472(2) may not be levied during the 60-day period following the date of delinquency, except for the 3 percent mandatory interest charged under subsection (1).

(3) Personal property taxes shall bear interest at the rate of 18 percent per year from the date of delinquency until paid or barred under chapter 95.

(4) Interest shall be calculated from the first day of each month.

History.—s. 135, ch. 85-342; s. 7, ch. 92-32; s. 7, ch. 2011-151.

F.S. 197.172 on Google Scholar

F.S. 197.172 on Casetext

Amendments to 197.172

Arrestable Offenses / Crimes under Fla. Stat. 197.172

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 197.172.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In TWO SPRINGS MEMBERSHIP CLUB, v., 424 B.R. 808 (Bankr. N.D. Ohio 2010)

. . . history or otherwise, which supports his position that the statutory rate of interest provided in § 197.172 . . .

S. BROWNING, v. ANGELFISH SWIM SCHOOL, INC., 1 So. 3d 355 (Fla. Dist. Ct. App. 2009)

. . . See § 197.172, Fla. Stat. (2008). . Amend. VIII, U.S. Const. . . . .

In CONE CONSTRUCTORS, INC. d b a, 304 B.R. 513 (Bankr. M.D. Fla. 2003)

. . . Section 197.172 of the Florida Statutes provides in part: 197.172. . . . Stat. § 197.172. . . . Tax Collector is entitled to interest only at the judgment rate, and not at the rate set forth in § 197.172 . . . In other cases, however, Courts have concluded that the interest rate contained in § 197.172 is not a . . . the Court addressed the rate of interest established for delinquent real estate taxes (18%) under § 197.172 . . .

In MOLTECH POWER SYSTEMS, INC., 296 B.R. 63 (Bankr. N.D. Fla. 2003)

. . . . §§ 197.172(4) and (1) respectively. . . .

In MULBERRY PHOSPHATES, INC., 283 B.R. 347 (Bankr. M.D. Fla. 2002)

. . . . § 197.172, this Court had an opportunity to consider the same issue in the case of Roger, supra. . . .

CHANG,, 274 B.R. 295 (Bankr. D. Mass. 2002)

. . . Stat. 197.172. . . .

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

. . . . §§ 197.172, .432(5).... . . .

In E. HASKELL,, 252 B.R. 236 (Bankr. M.D. Fla. 2000)

. . . . § 197.172. . . . Florida Statute § 197.172, which sets forth the interest rate at which delinquent real estate taxes accrue . . . Stat. § 197.172 (West 2000). . . .

DEPARTMENT OF REVENUE, v. EASTERN AMERICAN TECHNOLOGIES CORPORATION,, 762 So. 2d 1044 (Fla. Dist. Ct. App. 2000)

. . . With regard to the calculation of interest for delinquent real property taxes, section 197.172(1), Florida . . .

In LIUZZO,, 204 B.R. 235 (Bankr. N.D. Fla. 1996)

. . . Florida Statute § 197.172 sets forth the interest rate at which delinquent real estate taxes accrue, . . . and provides in part: 197.172 Interest rate; calculation and minimum (1) Real property taxes shall bear . . . Florida Statute § 197.172 (1995). . . . The Tax Collector states that it is entitled to the statutory rate of interest provided in § 197.172. . . . The Debtor argues that the statutory interest rate provided in § 197.172 constitutes a penalty, and thus . . .

In R W ENTERPRISES, UNITED STATES FOR USE AND BENEFIT OF BELL, v. M. RHODEY, v. UNITED STATES INTERNAL REVENUE SERVICE,, 181 B.R. 624 (Bankr. N.D. Fla. 1994)

. . . The County argues for the rate provided for in 197.172(3) Fla.Stat. . . . this case to determine the County’s pre-distribution interest on its personal property tax claim is § 197.172 . . . One court has held that the real estate portions (subsections (1) and (2)) of § 197.172 Fla.Stat. are . . . Subsection (3) of section 197.172, not subsections (1) and (2) is applicable. . . . The real estate portions of section 197.172 may be a penalty. That issue is not before this Court. . . .

In KOGER PROPERTIES, INC., 172 B.R. 351 (Bankr. M.D. Fla. 1994)

. . . Florida Statute § 197.172 sets forth the interest to accrue on a tax delinquency, and provides, in pertinent . . . part, as follows: § 197.172 — Interest rate; Calculation and Minimum— (1) Real Property taxes shall . . .

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

. . . . §§ 197.172, .432(5). If there is no buyer, the certificate is issued to the county. § 197.432(5). . . .

In GENERAL DEVELOPMENT CORPORATION,, 135 B.R. 1008 (Bankr. S.D. Fla. 1991)

. . . . § 197.172 does not vary at all. . . . .