April 02, 2020
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_h0559__
HB 559

1
A bill to be entitled
2An act relating to local government revenue collections;
3creating s. 215.125, F.S.; authorizing a local government
4to enter into a contract with a private attorney or
5collection agent to collect tangible personal property
6taxes and other financial obligations that remain unpaid
7for 90 days after the due date; authorizing a tax
8collector to enter into a contract with a private attorney
9or collection agent to collect any financial obligations
10and taxes other than real property taxes that remain
11unpaid for 90 days after the due date; providing that the
12collection fee, including reasonable attorney's fees or
13other costs, may be added to an account referred for
14collection; prohibiting such fees and costs from exceeding
1540 percent of the amount owed; requiring that a collection
16fee that is added to an account for delinquent tangible
17personal property taxes becomes a part of an underlying
18tax lien; requiring that a tax collector notify the owner
19of a delinquent account that such account will be referred
20to a private attorney or collection agent at least 30 days
21before such referral; providing for the financial
22liability of delinquent taxpayers; providing an effective
23date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 215.125, Florida Statutes, is created
28to read:
29     215.125  Collection of delinquent financial obligations
30owed to units of local government.-
31     (1)  In addition to other provisions of law relating to the
32collection of any financial obligations owed to units of local
33government, a local government may enter into a contract with a
34private attorney or collection agent for the collection of
35tangible personal property taxes and any fees, service charges,
36fines, costs, and other amounts owed to the local government
37that remain unpaid for 90 days after the due date of such taxes
38or financial obligations. Except for taxes on real property, a
39tax collector may also enter into a contract with a private
40attorney or collection agent for the collection of any taxes,
41fees, service charges, fines, costs, and other financial
42obligations collected by the office of the tax collector that
43remain unpaid for 90 days after the due date of such taxes or
44financial obligations.
45     (2)  The collection fee, including any reasonable
46attorney's fees or other costs, paid to a private attorney or
47collection agent may be added to an account that is referred for
48collection pursuant to this section. The collection fee,
49including any reasonable attorney's fees or other costs, may not
50exceed 40 percent of the amount owed. The collection fee,
51including any reasonable attorney's fees or other costs, which
52is added to an account for delinquent tangible personal property
53taxes shall become part of the underlying tax lien arising under
54s. 197.122(1).
55     (3)  If a tax collector adds the collection fee to a
56delinquent account, the tax collector shall notify the owner of
57the account, at least 30 days before referring such account for
58collection, that the delinquent account may be referred to a
59private attorney or collection agent for collection and that
60attorney's fees or other fees and costs relating to collection,
61including court costs, shall be added to the total amount owed
62on the account.
63     (4)  Upon delinquency, the taxpayer is liable for all
64unpaid delinquent taxes, penalties, costs, fees, and interest
65due.
66     Section 2.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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