Senate Bill 380 (2024) — Disclosure of estimated ad valorem taxes
SB 380
Florida Bills
Florida Senate - 2024 SB By Senator Hooper 21-00260C-24 2024380__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to disclosure of estimated ad valorem taxes; amending s. 689.261, F.S.; defining the term 3 “listing platform”; requiring that certain listings to include estimated ad valorem taxes; prohibiting the current owner’s ad valorem taxes from being displayed or used for certain purposes; providing requirements for listing platforms, the Department of Revenue, and property appraisers; providing construction; 9 prohibiting certain materials from including specified information; requiring, beginning on a specified date, 11 the department to annually publish a formula and certain information on its website; authorizing the department to adopt rules; providing an effective date. 15
Be It Enacted by the Legislature of the State of Florida: 17
Section 1. Subsection (3) is added to
section 689.261, 19 Florida Statutes, to read: 20 689.261 Sale of residential property; disclosure of ad valorem taxes to prospective purchaser.— 22 (3)(
a) As used in this subsection, the term “listing platform” means any public-facing online real property listing platform, including, but not limited to, websites, web applications, and mobile applications. 26
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b) Any residential property visible on a listing platform must include the estimated ad valorem taxes for such property. 28 1. The current owner’s ad valorem taxes may not be Florida Senate - 2024 SB 380 21-00260C-24 2024380__ CODING: Words stricken are deletions; words underlined are additions. displayed or used to calculate the estimated ad valorem taxes. 30 2.
If the ad valorem taxes are estimated using a tax estimator or buyer payment calculator, the listing platform must calculate and display the ad valorem taxes that would be due, 33 both with and without the homestead tax exemption, if the purchaser were taxed on the listing price of the property at current millage rates using the data and formula published under paragraph (d). The use of such data and formula constitutes a reasonable estimate of ad valorem taxes.
The listing platform must include a disclaimer next to 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, 42 discounts, and other tax benefits, including, but not limited to, transfer of the homestead assessment difference under s. 4, 44 Art. VII of the State Constitution. 45 3.
If ad valorem taxes are not estimated using a tax estimator or buyer payment calculator as provided in subparagraph 2., the listing platform shall 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 home page. The Department of Revenue must maintain a table of links to each property appraiser’s home page and tax estimator, if available, on its website. Each property appraiser is responsible for providing the department the link to its tax estimator. 55
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c) Printed listing materials produced by real estate sales agents may comply with these requirements by not displaying a seller’s ad valorem taxes. 58 Florida Senate - 2024 SB 380 21-00260C-24 2024380__ CODING: Words stricken are deletions; words underlined are additions.
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d) The department shall annually develop a formula that may be used by a listing platform to calculate the estimated ad valorem taxes required under this subsection. The department shall require each property appraiser to provide the department with any information needed to develop the formula, including, 63 at a minimum, the county name, tax district code,
summary school millage rate, and
summary millage rate for all other applicable taxing authorities. Beginning December 15, 2024, and annually thereafter, the department shall publish the formula and the information collected from each property appraiser under this paragraph on its website. 69
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e) The department may adopt rules to implement paragraph 70 (d). 71