Florida 2025 Regular Session

Florida House Bill H1037 Compare Versions

Only one version of the bill is available at this time.
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1010 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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1414 A bill to be entitled 1
1515 An act relating to disclosure of estimated ad valorem 2
1616 taxes; amending s. 689.261, F.S.; defining the terms 3
1717 "listing platform" and "property"; requiring certain 4
1818 listings to include estimated ad valorem taxes; 5
1919 prohibiting the current owner's ad valorem taxes from 6
2020 being displayed or used for certain purposes; 7
2121 providing an exception; providing requirements for 8
2222 listing platforms, the Department of Revenue, and 9
2323 property appraisers; providing protection from 10
2424 liability for specified parties who take certain 11
2525 actions; providing construction; prohibiting certain 12
2626 materials from including specified information; 13
2727 requiring, beginning on a specified date, the 14
2828 department to annual ly publish a formula and certain 15
2929 information on its website; authorizing the department 16
3030 to adopt rules; providing an effective date. 17
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3232 Be It Enacted by the Legislature of the State of Florida: 19
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3434 Section 1. Subsection (3) is added to section 689.261, 21
3535 Florida Statutes, to read: 22
3636 689.261 Sale of residential property; disclosure of ad 23
3737 valorem taxes to prospective purchaser. — 24
3838 (3)(a) As used in this subsection, the term: 25
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4747 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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5151 1. "Listing platform" means any public -facing online real 26
5252 property listing platfor m, including, but not limited to, 27
5353 websites, web applications, and mobile applications. 28
5454 2. "Property" means residential real property located 29
5555 within this state. 30
5656 (b) Property visible on a listing platform must include 31
5757 the estimated ad valorem taxes for s uch property. 32
5858 1. The current owner's ad valorem taxes may not be 33
5959 displayed or used to calculate the estimated ad valorem taxes. 34
6060 However, the current owner's ad valorem taxes may be included as 35
6161 part of historical tax information, if similar historical tax 36
6262 information was included on the listing platform as of January 37
6363 1, 2025, and if such information is displayed less prominently 38
6464 than the tax estimate calculated under this subsection. 39
6565 2. If the ad valorem taxes are estimated using a tax 40
6666 estimator or buyer payment calculator, the listing platform must 41
6767 calculate and display the ad valorem taxes that would be due if 42
6868 the purchaser were taxed on the listing price of the property at 43
6969 current millage rates using the data and formula published under 44
7070 paragraph (d). The use of such data and formula constitutes a 45
7171 reasonable estimate of ad valorem taxes. The listing platform 46
7272 must include a disclaimer next to the estimated ad valorem taxes 47
7373 that the millage rates of applicable taxing authorities may vary 48
7474 within a county and that the estimated ad valorem taxes do not 49
7575 include all applicable non -ad valorem assessments or exemptions, 50
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8484 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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8888 discounts, and other tax benefits, including, but not limited 51
8989 to, transfer of the homestead assessment difference under s. 4, 52
9090 Art. VII of the State Constitution. 53
9191 3. If ad valorem taxes are not estimated using a tax 54
9292 estimator or buyer payment calculator as provided in sub -55
9393 paragraph 2., the listing platform shall include a link to the 56
9494 property appraiser's tax estimator for the county in which the 57
9595 property is located, if available, or to such property 58
9696 appraiser's home page. The Department of Revenue must maintain a 59
9797 table of links to each property appraiser's home page and tax 60
9898 estimator, if available, on its website. 61
9999 4. There shall be no liability o n the part of, and no 62
100100 cause of action of any nature shall arise against a listing 63
101101 platform or licensee under chapter 475 for the accuracy of the 64
102102 estimated ad valorem taxes of a property listed on a listing 65
103103 platform when in compliance with this paragraph. 66
104104 (c) The current owner's ad valorem taxes may not be 67
105105 included within any: 68
106106 1. Printed listing materials concerning a property. 69
107107 2. Post on a social media platform pertaining to a 70
108108 property listed for sale. 71
109109 (d) The Department of Revenue shall annually develop a 72
110110 formula that may be used by a listing platform to calculate the 73
111111 estimated ad valorem taxes required under this subsection. The 74
112112 department shall require each property appraiser to provide the 75
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121121 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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125125 department with any information needed to develop the formula, 76
126126 including, at a minimum, the county name, tax district code, 77
127127 summary school millage rate, and summary millage rate for all 78
128128 other applicable taxing authorities. Beginning December 15, 79
129129 2025, and annually thereafter, the department shall publish the 80
130130 formula and the information collected from each property 81
131131 appraiser under this paragraph on its website. 82
132132 (e) The Department of Revenue may adopt rules to implement 83
133133 paragraph (d). 84
134134 Section 2. This act shall take effect January 1, 2026. 85