Florida Regulations 12D-13.016: Procedure, Property Acquired by a Governmental Unit, Payment of Taxes, Escrow Account
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(1)(a) When any governmental unit purchases or acquires property for government purposes by any means except condemnation, the person who is transferring the property must pay all unpaid taxes, including the current year’s taxes prorated to the date of transfer of title. This amount is held in escrow by the tax collector of the county where the property is located.
(b) When there is no current assessment, the property appraiser must provide an estimate of the value to be placed on the current tax roll to the tax collector.
(c) If the current year ad valorem millage or non-ad valorem assessment is not available, the millage or assessment used in the calculation for the previous tax year must be used to compute the prorated taxes.
(2) If the procedure for acquiring the property does not require a determination by a court of law, then it is the purchaser’s responsibility to ensure that the deposit of the current year’s tax prorated to the date of transfer of title is made to the tax collector.
(3)(a) Immediately after receiving the tax roll, the tax collector must prorate the taxes from January 1 until the day of taking or transfer based on the number of days the property was in possession of the seller. Unless stated otherwise, the date shown on the deed is the day of transfer and the last day of ownership by the seller.
(b) After determining the tax liability, overpayments must be refunded according to Florida Statutes § 197.182 When the amount paid by the owner does not cover the amount of taxes due from January 1 until transfer, the unpaid taxes are considered canceled on the tax roll and the List of Errors, Insolvencies and Double Assessments. The Board of County Commissioners may cancel the unpaid portion of taxes due according to section 196.28 or 196.29, F.S.
(4) The tax collector must deposit all funds received under this section in an escrow account. The tax collector must always furnish a receipt for the amount paid to the person making the payment.
Rulemaking Authority Florida Statutes § 195.027(1), 213.06(1) FS. Law Implemented 196.28, 196.29, 196.295, 197.182, 197.492 FS. History-New 6-18-85, Formerly 12D-13.16, Amended 4-5-16.
Terms Used In Florida Regulations 12D-13.016
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
(c) If the current year ad valorem millage or non-ad valorem assessment is not available, the millage or assessment used in the calculation for the previous tax year must be used to compute the prorated taxes.
(2) If the procedure for acquiring the property does not require a determination by a court of law, then it is the purchaser’s responsibility to ensure that the deposit of the current year’s tax prorated to the date of transfer of title is made to the tax collector.
(3)(a) Immediately after receiving the tax roll, the tax collector must prorate the taxes from January 1 until the day of taking or transfer based on the number of days the property was in possession of the seller. Unless stated otherwise, the date shown on the deed is the day of transfer and the last day of ownership by the seller.
(b) After determining the tax liability, overpayments must be refunded according to Florida Statutes § 197.182 When the amount paid by the owner does not cover the amount of taxes due from January 1 until transfer, the unpaid taxes are considered canceled on the tax roll and the List of Errors, Insolvencies and Double Assessments. The Board of County Commissioners may cancel the unpaid portion of taxes due according to section 196.28 or 196.29, F.S.
(4) The tax collector must deposit all funds received under this section in an escrow account. The tax collector must always furnish a receipt for the amount paid to the person making the payment.
Rulemaking Authority Florida Statutes § 195.027(1), 213.06(1) FS. Law Implemented 196.28, 196.29, 196.295, 197.182, 197.492 FS. History-New 6-18-85, Formerly 12D-13.16, Amended 4-5-16.