| 16 | | - | taxes; amending s. 689.261, F.S.; defining the terms 3 |
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| 17 | | - | "listing platform" and "property"; requiring certain 4 |
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| 18 | | - | listings to include estimated ad valorem taxes; 5 |
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| 19 | | - | prohibiting the current owner's ad valorem taxes from 6 |
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| 20 | | - | being displayed or used for certain purposes; 7 |
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| 21 | | - | providing an exception; providing requirements for 8 |
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| 22 | | - | listing platforms, the Department of Revenue, and 9 |
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| 23 | | - | property appraisers; providing protection from 10 |
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| 24 | | - | liability for specified parties who take certain 11 |
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| 25 | | - | actions; providing construction; prohibiting certain 12 |
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| 26 | | - | materials from including specified information; 13 |
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| 27 | | - | requiring, beginning on a specified date, the 14 |
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| 28 | | - | department to annual ly publish a formula and certain 15 |
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| 29 | | - | information on its website; authorizing the department 16 |
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| 30 | | - | to adopt rules; providing an effective date. 17 |
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| 16 | + | taxes; amending s. 689.261, F.S.; defining the term 3 |
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| 17 | + | "listing platform"; requiring certain listings to 4 |
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| 18 | + | include estimated ad valorem taxes; prohibiting the 5 |
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| 19 | + | current owner's ad valorem taxes from being displayed 6 |
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| 20 | + | or used for certain purposes; providing requirements 7 |
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| 21 | + | for listing platforms, the Department of Revenue, and 8 |
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| 22 | + | property appraisers; providing construction ; 9 |
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| 23 | + | prohibiting certain materials from including specified 10 |
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| 24 | + | information; requiring, beginning on a specified date, 11 |
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| 25 | + | the department to annually publish a formula and 12 |
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| 26 | + | certain information on its website; authorizing the 13 |
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| 27 | + | department to adopt rules; providing an eff ective 14 |
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| 28 | + | date. 15 |
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| 29 | + | 16 |
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| 30 | + | Be It Enacted by the Legislature of the State of Florida: 17 |
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| 32 | | - | Be It Enacted by the Legislature of the State of Florida: 19 |
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| 33 | | - | 20 |
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| 34 | | - | Section 1. Subsection (3) is added to section 689.261, 21 |
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| 35 | | - | Florida Statutes, to read: 22 |
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| 36 | | - | 689.261 Sale of residential property; disclosure of ad 23 |
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| 37 | | - | valorem taxes to prospective purchaser. — 24 |
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| 38 | | - | (3)(a) As used in this subsection, the term: 25 |
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| 32 | + | Section 1. Subsection (3) is added to section 689.261, 19 |
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| 33 | + | Florida Statutes, to read: 20 |
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| 34 | + | 689.261 Sale of residential property; disclosure of ad 21 |
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| 35 | + | valorem taxes to prospective purchas er.— 22 |
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| 36 | + | (3)(a) As used in this subsection, the term "listing 23 |
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| 37 | + | platform" means any public -facing online real property listing 24 |
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| 38 | + | platform, including, but not limited to, websites, web 25 |
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| 51 | | - | 1. "Listing platform" means any public -facing online real 26 |
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| 52 | | - | property listing platfor m, including, but not limited to, 27 |
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| 53 | | - | websites, web applications, and mobile applications. 28 |
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| 54 | | - | 2. "Property" means residential real property located 29 |
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| 55 | | - | within the state. 30 |
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| 56 | | - | (b) Any property visible on a listing platform must 31 |
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| 57 | | - | include the estimated ad valorem taxes fo r such property. 32 |
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| 58 | | - | 1. The current owner's ad valorem taxes may not be 33 |
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| 59 | | - | displayed or used to calculate the estimated ad valorem taxes. 34 |
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| 60 | | - | However, the current owner's ad valorem taxes may be included as 35 |
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| 61 | | - | part of historical tax information, if similar historical tax 36 |
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| 62 | | - | information was included on the listing platform as of January 37 |
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| 63 | | - | 1, 2024, and if such information is displayed less prominently 38 |
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| 64 | | - | than the tax estimate calculated under this subsection. 39 |
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| 65 | | - | 2. If the ad valorem taxes are estimated using a tax 40 |
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| 66 | | - | estimator or buyer payment calculator, the listing platform must 41 |
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| 67 | | - | calculate and display the ad valorem taxes that would be due if 42 |
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| 68 | | - | the purchaser were taxed on the listing price of the property at 43 |
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| 69 | | - | current millage rates using the data and formula published under 44 |
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| 70 | | - | paragraph (d). The use of such data and formula constitutes a 45 |
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| 71 | | - | reasonable estimate of ad valorem taxes. The listing platform 46 |
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| 72 | | - | must include a disclaimer next to the estimated ad valorem taxes 47 |
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| 73 | | - | that the millage rates of applicable taxing authorities may vary 48 |
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| 74 | | - | within a county and that the estimated ad valorem taxes do not 49 |
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| 75 | | - | include all applicable non -ad valorem assessments or exemptions, 50 |
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| 51 | + | applications, and mobile applications. 26 |
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| 52 | + | (b) Any residential property visible on a listing platform 27 |
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| 53 | + | must include the estimated ad valorem taxes for such property. 28 |
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| 54 | + | 1. The current owner's ad valorem taxes may not be 29 |
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| 55 | + | displayed or used to calculate the estimated ad valorem taxes. 30 |
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| 56 | + | 2. If the ad valorem taxes are estimated using a tax 31 |
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| 57 | + | estimator or buyer payment calculator, the listing platform must 32 |
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| 58 | + | calculate and display the ad valorem taxes that would be due, 33 |
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| 59 | + | both with and without the homestead tax exemption, if the 34 |
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| 60 | + | purchaser were taxed on the listing price of the property at 35 |
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| 61 | + | current millage rates using the data and formula published under 36 |
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| 62 | + | paragraph (d). The use of such data and formula constitutes a 37 |
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| 63 | + | reasonable estimate of ad valorem taxes. The listing platform 38 |
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| 64 | + | must include a disclaimer next to the estimated ad valorem taxes 39 |
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| 65 | + | that the millage rates of applicable taxing authorities may vary 40 |
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| 66 | + | within a county and that the estimated ad valorem taxes do not 41 |
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| 67 | + | include all applicable non -ad valorem assessments or exemptions, 42 |
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| 68 | + | discounts, and other tax benefits, including, but not limited 43 |
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| 69 | + | to, transfer of the homestead assessment difference under s. 4, 44 |
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| 70 | + | Art. VII of the State Constitution. 45 |
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| 71 | + | 3. If ad valorem taxes are not estimated using a tax 46 |
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| 72 | + | estimator or buyer payment calculator as provided in sub-47 |
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| 73 | + | paragraph 2., the listing platform shall include a link to the 48 |
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| 74 | + | property appraiser's tax estimator for the county in which the 49 |
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| 75 | + | property is located, if available, or to such property 50 |
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| 88 | | - | discounts, and other tax benefits, including, but not limited 51 |
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| 89 | | - | to, transfer of the homestead assessment difference under s. 4, 52 |
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| 90 | | - | Art. VII of the State Constitution. 53 |
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| 91 | | - | 3. If ad valorem taxes are not estimated using a tax 54 |
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| 92 | | - | estimator or buyer payment calculator as provided in sub -55 |
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| 93 | | - | paragraph 2., the listing platform shall include a link to the 56 |
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| 94 | | - | property appraiser's tax estimator for the county in which th e 57 |
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| 95 | | - | property is located, if available, or to such property 58 |
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| 96 | | - | appraiser's home page. The Department of Revenue must maintain a 59 |
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| 97 | | - | table of links to each property appraiser's home page and tax 60 |
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| 98 | | - | estimator, if available, on its website. 61 |
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| 99 | | - | 4. There shall be no liabilit y on the part of, and no 62 |
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| 100 | | - | cause of action of any nature shall arise against a listing 63 |
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| 101 | | - | platform nor licensee under chapter 475 for the accuracy of the 64 |
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| 102 | | - | estimated ad valorem taxes of a property listed on a listing 65 |
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| 103 | | - | platform when in compliance with this paragrap h. 66 |
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| 104 | | - | (c) The current owner's ad valorem taxes may not be 67 |
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| 105 | | - | included within any: 68 |
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| 106 | | - | 1. Printed listing materials concerning a property. 69 |
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| 107 | | - | 2. Post on a social media platform pertaining to a 70 |
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| 108 | | - | property listed for sale. 71 |
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| 109 | | - | (d) The Department of Revenue shall annually develop a 72 |
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| 110 | | - | formula that may be used by a listing platform to calculate the 73 |
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| 111 | | - | estimated ad valorem taxes required under this subsection. The 74 |
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| 112 | | - | department shall require each property appraiser to provide the 75 |
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| 113 | | - | |
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| 114 | | - | CS/HB 295 2024 |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | |
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| 118 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 119 | | - | hb0295-01-c1 |
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| 120 | | - | Page 4 of 4 |
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| 121 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 122 | | - | |
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| 123 | | - | |
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| 124 | | - | |
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| 125 | | - | department with any information needed to develop the formula, 76 |
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| 126 | | - | including, at a minimum, the county name, tax district code, 77 |
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| 127 | | - | summary school millage rate, and summary millage rate for all 78 |
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| 128 | | - | other applicable taxing authorities. Beginning December 15, 79 |
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| 129 | | - | 2024, and annually thereafter, the department shall publish the 80 |
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| 130 | | - | formula and the information collected from each property 81 |
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| 131 | | - | appraiser under this paragraph on its website. 82 |
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| 132 | | - | (e) The Department of Revenue may adopt rules to implement 83 |
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| 133 | | - | paragraph (d). 84 |
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| 134 | | - | Section 2. This act shall t ake effect January 1, 2025. 85 |
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| 88 | + | appraiser's home page. The Department of Revenue must maintain a 51 |
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| 89 | + | table of links to each property appraiser's home page and tax 52 |
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| 90 | + | estimator, if available, on its website. 53 |
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| 91 | + | (c) Printed listing materials may not include the current 54 |
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| 92 | + | owner's ad valorem taxes. 55 |
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| 93 | + | (d) The Department of Revenue shall annually develop a 56 |
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| 94 | + | formula that may be used by a listing platform to calculate the 57 |
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| 95 | + | estimated ad valorem taxes required under this subsection. The 58 |
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| 96 | + | department shall require each property appraiser to provide the 59 |
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| 97 | + | department with any information needed to develop the formula, 60 |
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| 98 | + | including, at a minimum, the county name, tax district code, 61 |
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| 99 | + | summary school millage rate, and summary millage rate for all 62 |
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| 100 | + | other applicable taxing authorities. Beginning December 15, 63 |
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| 101 | + | 2024, and annually thereafter, the department shall publish the 64 |
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| 102 | + | formula and the information collected from each property 65 |
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| 103 | + | appraiser under this paragraph on its website. 66 |
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| 104 | + | (e) The Department of Revenue may adopt rules to implement 67 |
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| 105 | + | paragraph (d). 68 |
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| 106 | + | Section 2. This act shall take effect July 1, 2024. 69 |
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