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--- version:H 827 Filed+++ version:(document, no version)@@ -1,130 +1,330 @@-HB 827 2026--CODING: Words stricken are deletions; words underlined are additions.-hb827-00-Page 1 of 4-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--A bill to be entitled 1-An act relating to disclosure of estimated ad valorem 2-taxes; amending s. 689.261, F.S.; defining the terms 3-"listing platform" and "property"; requiring certain 4-listings to include estimated ad valorem taxes; 5-prohibiting the current owner's ad valorem taxes from 6-being displayed or used for certain purposes; 7-providing an exception; providing requirements for 8-listing platforms, the Department of Revenue, and 9-property appraisers; providing protection from 10-liability for specified parties who take certain 11-actions; providing construction; prohibiting certain 12-materials from including specified information; 13-requiring, beginning on a specified date, the 14-department to annually publish a formula, countywide 15-aggregate millage rate, and certain information on its 16-website; authorizing the department to adopt rules; 17-providing an effective date. 18- 19-Be It Enacted by the Legislature of the State of Florida: 20- 21- Section 1. Subsection (3) is added to section 689.261, 22-Florida Statutes, to read: 23- 689.261 Sale of residential property; disclosure of 24-estimated ad valorem taxes to prospective purchaser.— 25--HB 827 2026--CODING: Words stricken are deletions; words underlined are additions.-hb827-00-Page 2 of 4-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-- (3)(a) As used in this subsection, the term: 26- 1. "Listing platform" means any public-facing online real 27-property listing platform, including, but not limited to, 28-websites, web applications, and mobile applications. 29- 2. "Property" means residential real property located 30-within this state. 31- (b) Property visible on a listing platform must include 32-the estimated ad valorem taxes for such property. 33- 1. If the ad valorem taxes are estimated using a tax 34-estimator or buyer payment calculator, the current owner's ad 35-valorem assessment or taxes may not be used to calculate the 36-estimated ad valorem taxes. The listing platform must calculate 37-and display the estimated ad valorem taxes by showing the ad 38-valorem taxes that would be due if the purchaser were taxed on 39-the listing price of the property at either: 40- a. The current millage rates using the data and formula 41-published under subparagraph (d)1.; or 42- b. The countywide aggregate average millage rate using the 43-data published under subparagraph (d)2. 44- 45-The use of the data and formulas provided in this subparagraph 46-constitutes a reasonable estimate of ad valorem taxes. The 47-listing platform must include a disclaimer on the same website 48-or application as the estimated ad valorem taxes that the 49-millage rates of applicable taxing authorities may vary within a 50--HB 827 2026--CODING: Words stricken are deletions; words underlined are additions.-hb827-00-Page 3 of 4-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--county and that the estimated ad valorem taxes do not include 51-all applicable non-ad valorem assessments or exemptions, 52-discounts, and other tax benefits, including, but not limited 53-to, transfer of the homestead assessment difference under s. 4, 54-Art. VII of the State Constitution. The ad valorem taxes of the 55-current owner of the property and for any previous year may only 56-be displayed as part of historical tax information. 57- 3. If ad valorem taxes are not estimated using a tax 58-estimator or buyer payment calculator as provided in sub-59-paragraph 2., the listing platform shall include a link to the 60-property appraiser's tax estimator for the county in which the 61-property is located, if available, or to such property 62-appraiser's home page. The ad valorem taxes of the current owner 63-of the property and for any previous year may not be displayed 64-as part of historical tax information. The Department of Revenue 65-must maintain a table of links to each property appraiser's home 66-page and tax estimator, if available, on its website. 67- 4. There shall be no liability on the part of, and no 68-cause of action of any nature shall arise against a listing 69-platform or licensee under chapter 475 for the accuracy of the 70-estimated ad valorem taxes of a property listed on a listing 71-platform. 72- (c) The current owner's ad valorem taxes may not be 73-included within any printed listing materials concerning a 74-property. 75--HB 827 2026--CODING: Words stricken are deletions; words underlined are additions.-hb827-00-Page 4 of 4-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-- (d) The Department of Revenue shall annually develop a:76- 1. Formula that may be used by a listing platform to 77-calculate the estimated ad valorem taxes required under sub-78-subparagraph (b)1.a. The department shall require each property 79-appraiser to provide the department with any information needed 80-to develop the formula, including, at a minimum, the county 81-name, tax district code, summary school millage rate, and 82-summary millage rate for all other applicable taxing 83-authorities. 84- 2. Countywide aggregate average millage rate for each 85-county that may be used by a listing platform as required under 86-sub-subparagraph (b)1.b. 87- 88-The department shall require each property appraiser to provide 89-the department with any information needed to develop formula 90-under this subparagraph 1., and the countywide aggregate average 91-millage rate under this subparagraph 2. Beginning December 15, 92-2026, and annually thereafter, the department shall publish the 93-information, formula, and countywide aggregate average millage 94-rate for each county collected pursuant to this paragraph on its 95-website. 96- (e) The Department of Revenue may adopt rules to implement 97-paragraph (d). 98- Section 2. This act shall take effect February 1, 2027. 99+STORAGE NAME: h0827a.HAT+DATE: 1/30/2026+ 1++FLORIDA HOUSE OF REPRESENTATIVES+BILL ANALYSIS+This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.+BILL #: CS/HB 827+TITLE: Disclosure of Estimated Ad Valorem Taxes+SPONSOR(S): Anderson+COMPANION BILL: SB 856 (DiCeglie)+LINKED BILLS: None+RELATED BILLS: None+Committee References+ Housing, Agriculture & Tourism+14 Y, 0 N, As CS Ways & Means+ Commerce++SUMMARY++Effect of the Bill:+The bill requires property visible on a listing platform to include the estimated ad valorem taxes for such property.++The bill requires the Department of Revenue (DOR) to annually develop a:+ Formula that may be used by a listing platform to calculate the estimated ad valorem taxes.+ Countywide aggregate average millage rate for each county that may be used by a listing platform.++Fiscal or Economic Impact:+The bill may have an indeterminate, negative fiscal impact on the Department of Revenue and real estate licensees.++JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY++ANALYSIS+EFFECT OF THE BILL:+The bill requires property visible on a listing platform to include the estimated ad valorem taxes for such property.+(Section 1)++The bill provides the following definitions: (Section 1)+ "Listing platform” means any public-facing online real property listing platform, including, but not limited+to, websites, web applications, and mobile applications.+ "Property" means residential real property located within Florida.++The bill requires the Department of Revenue (DOR) to annually develop a: (Section 1)+ Formula that may be used by a listing platform to calculate the estimated ad valorem taxes.+o DOR must require each property appraiser to provide DOR with any information needed to develop+the formula, including, at a minimum, the county name, tax district code, summary school millage+rate, and summary millage rate for all other applicable taxing authorities.+ Countywide aggregate average millage rate for each county that may be used by a listing platform.+o DOR must require each property appraiser to provide DOR with any information needed to develop+the formula to calculate estimated ad valorem taxes and the countywide aggregate average millage+rate.++The bill provides that if the ad valorem taxes are estimated using a tax estimator or buyer payment calculator, the+current owner's ad valorem assessment or taxes may not be used to calculate the estimated ad valorem taxes. The+listing platform must calculate and display the estimated ad valorem taxes by showing the ad valorem taxes that+would be due if the purchaser were taxed on the listing price of the property at either: (Section 1)+ The current millage rates using the data and formula developed by DOR; or+CS/HB 827+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY+ 2+ The countywide aggregate average millage rate published by DOR using the data collected by DOR from+property appraisers.++The bill provides that the use of the data and formulas from DOR constitutes a reasonable estimate of ad valorem+taxes. The bill requires listing platforms to include a disclaimer on the same website or application as 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,+discounts, and other tax benefits, including, but not limited to, transfer of the homestead assessment difference.+The ad valorem taxes of the current owner of the property and for any previous year may only be displayed as part+of historical tax information. (Section 1)++However, the bill provides that if ad valorem taxes are not estimated using a tax estimator or buyer payment+calculator, the listing platform must 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 ad valorem taxes of the current+owner of the property and for any previous year may not be displayed as part of historical tax information. (Section+1)++The bill provides that there is no liability on the part of, and no cause of action of any nature may arise against, a+listing platform or real estate licensee for the accuracy of the estimated ad valorem taxes of a property listed on a+listing platform. (Section 1)++The bill prohibits the current owner's ad valorem taxes from being included within any printed listing materials+concerning a property. (Section 1)++The bill requires DOR to maintain a table of links to each property appraiser's home page and tax estimator, if+available, on its website. Beginning December 15, 2026, and annually thereafter, the bill requires DOR to publish+the information, formula, and countywide aggregate average millage rate for each county on its website. (Section+1)++The bill allows DOR to adopt rules to develop the formula to estimate ad valorem taxes and create aggregate+average millage rates for each county. (Section 1)++The bill provides an effective date of February 1, 2027. (Section 2)++RULEMAKING:+The bill allows DOR to adopt rules to develop the formula to estimate ad valorem taxes and create aggregate+average millage rates for each county.++Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive+branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must+have a grant of rulemaking authority and a law to implement.++FISCAL OR ECONOMIC IMPACT:++STATE GOVERNMENT:+The bill may have an indeterminate, negative fiscal impact on the Department of Revenue related to generating+formulas, millage information, and rules.++PRIVATE SECTOR:+The bill may have an indeterminate fiscal impact on listing platforms and real estate licensees.++CS/HB 827+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY+ 3++RELEVANT INFORMATION+SUBJECT OVERVIEW:+Online Real Property Listing Platforms++The marketplace for real estate has shifted over time in favor of online listings of property. More than half of all+homebuyers in 2024 found the home they purchased on the internet.1 There are many large online real estate+platforms such as Zillow, Realtor.com, Trulia, and Redfin. In addition to large platforms, many individual realtors+have websites which include listings of real estate for sale.2++Additionally, the Multiple Listing Services (MLS) in the real estate industry are multi-broker organizations that+create marketplaces for buying, selling, renting, and investing in property. The MLSs establish rules for cooperation+in sharing and selling listings. Real estate brokerages joining an MLS agree to abide by rules when working to sell+other brokers’ listings, and those brokers agree to do the same in return. As of July 2025, there were over 500 MLS+systems in the U.S.3++Online real property listing platforms are not unified in the information displayed to the user. Some, but not all,+include the property’s public tax history, a link to the county property appraiser’s website, and an estimate of+property taxes.4++There is currently no requirement that a real property listing platform include a property tax estimate or link to a+property appraiser’s website.++Ad Valorem Taxation++The ad valorem tax, or “property tax,” is an annual tax levied by counties, municipalities, school districts, and some+special districts. The tax is based on the taxable value of property as of January 1 of each year.5 The property+appraiser annually determines the “just value”6 of property within the taxing jurisdiction and then applies relevant+exclusions, assessment limitations, and exemptions to determine the property’s “taxable value.”7 Tax bills are+mailed in November of each year based on the previous January 1 valuation,8 and payment is due by March 31 of+the following year.9++1 National Association of Realtors, Quick Real Estate Statistics, July 7, 2024, https://www.nar.realtor/research-and-+statistics/quick-real-estate-statistics (last visited Jan. 26, 2026).+2 Id. The National Association of Realtors states that 64% of brokers and broker associates have their own websites, 73% of+sales agents have a website, and 82% of their members have their own listings on their website.+3 Real Estate Standards Organization, What is an MLS and How Many MLSs Are There? Multiple Listing Service FAQ ,+https://www.reso.org/mls-faq/ (last visited Jan. 26, 2026).+4 For example, Zillow’s website’s mortgage calculator includes estimated property taxes based on the home’s value.+https://www.zillowhomeloans.com/calculators/mortgage -calculator/ (last visited Jan. 26, 2026).+5 S. 192.042(1), F.S. Both real property and tangible personal property are subject to tax. Section 192.001(12), F.S., defines+“real property” as land, buildings, fixtures, and all other improvements to land. Section 192.001(11)(d), F.S., defines “tangible+personal property” as all goods, chattels, and other articles of value capable of manual possession and whose chief value is+intrinsic to the article itself.+6 Property must be valued at “just value” for purposes of property taxation, unless the Florida Const itution provides otherwise,+and “just value” has been interpreted by the courts to mean the fair market value that a willing buyer would pay a willing+seller for the property in an arm’s-length transaction. Art. VII, s. 4, Fla. Const.; See Walter v. Shuler, 176 So. 2d 81, 85-86 (Fla.+1965); Deltona Corp. v. Bailey, 336 So. 2d 1163, 1167 (Fla. 1976); Southern Bell Tel. & Tel. Co. v. Dade Cnty, 275 So. 2d 4, 6, 9+(Fla. 1973).+7 See ss. s. 192.001(2), (16), F.S., F.S.+8 S. 197.254(2), F.S.+9 See ss. 197.222, F.S. and 197.162, F.S.+CS/HB 827+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY+ 4+The Florida Constitution prohibits the state from levying ad valorem taxes,10 and it limits the Legislature’s+authority to provide for property valuations at less than just value, unless expressly authorized.11++The just valuation standard generally requires the property appraiser to consider the highest and best use of+property;12 however, the Florida Constitution authorizes certain types of property to be valued based on their+current use (classified use assessments), which often results in lower assessments. Properties that receive+classified use treatment in Florida include agricultural land, land producing high water recharge to Florida’s+aquifers, and land used exclusively for noncommercial recreational purposes;13 land used for conservation+purposes;14 historic properties when authorized by the county or municipality;15 and certain working waterfront+property.16++Millage is the tax rate defined as the dollars assessed for each $1,000 of value; for example, one mill is one dollar+per $1,000 of assessed value. Taxing authorities include county governments, school boards, water management+districts, special districts and municipalities within a county. Taxing authorities adopt a budget and levy millage+rates for ad valorem taxes to fund that budget.17++Property Tax Estimates++Estimating an individual’s tax estimate requires several pieces of information, including the parcel’s millage rate,+applicable exemptions, the property’s value, applicable classified property uses, and other assessments on the+property.18 Some property appraisers include on their website a tool or worksheet to assist homeowners in+estimating property taxes, although there is no statutory requirement that they do so.19++Disclosure of Ad Valorem Taxes to Prospective Purchasers++Current law governing the disclosure of ad valorem taxes to prospective purchasers of residential property+requires a prospective purchaser to be presented a disclosure summary at or before execution of the contract for+sale. Unless a substantially similar disclosure summary is included in the contract for sale, a separate disclosure+summary must be attached to the contract for sale. The disclosure summary, whether separate or included in the+contract, must be in a form substantially similar to the following:20++PROPERTY TAX+DISCLOSURE SUMMARY++BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES AS THE AMOUNT OF+PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO+PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS+REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU++10 Art. VII, s. 1(a), Fla. Const.+11 See art. VII, s. 4, Fla. Const.+12 S. 193.011(2), F.S.+13 Art. VII, s. 4(a), Fla. Const.+14 Art. VII, s. 4(b), Fla. Const.+15 Art. VII, s. 4(e), Fla. Const.+16 Art. VII, s. 4(j), Fla. Const.+17 Department of Revenue (DOR), A Florida Homeowner’s Guide: Millage,+https://floridarevenue.com/property/Documents/homeowner_guide_millage.pdf (last visited an. 26, 2026).+18 DOR, Property Tax Information for First-Time Florida Homebuyers,+https://floridarevenue.com/property/Documents/pt107.pdf (last visited Jan. 26, 2026).+19 See, e.g., Miami-Dade County, Tax Estimator,+https://www.miamidade.gov/Apps/PA/PAOnlineTools/ Taxes/TaxEstimator.aspx (last visited Jan. 26, 2026).+20 S. 689.261(1), F.S.+CS/HB 827+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY+ 5+HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY+APPRAISER’S OFFICE FOR INFORMATION.++Unless included in the contract, the disclosure summary must be provided by the seller. If the disclosure summary+is not included in the contract for sale, the contract for sale must refer to and incorporate by reference the+disclosure summary and include, in prominent language, a statement that the potential purchaser should not+execute the contract until he or she has read the disclosure summary.21++Department of Revenue++The Florida Department of Revenue (DOR) administers three main programs: Child Support Program; General Tax+Administration; and Property Tax Oversight. As part of its duties, DOR:22+ Reviews the property tax roll for each of Florida's 67 counties every year.+ Oversees the local appraisal and assessment of taxes on more than 11 million parcels of property with a+total value of over $2.7 trillion dollars.+ Collects more than $40 billion a year in taxes and fees.+ Processes more than 9 million tax filings annually.+ Distributes nearly $3 billion dollars in discretionary sales surtax collections each year to local jurisdictions,+including counties, cities, and school districts.++Homestead Property Tax Exemptions++A homestead exemption is a reduction of assessed value, and therefore tax liability, based on the individual’s+maintaining a property as their primary residence. Every person having legal and equitable title to real estate and+who maintains a permanent residence on the real estate (homestead property) is eligible for a $25,000 tax+exemption applicable to all ad valorem tax levies, including levies by school districts.23 An additional $25,000+exemption applies to homestead property value greater than $50,000; however, this does not apply to ad valorem+taxes levied by school districts.24 The Florida Constitution also authorizes various additional homestead+exemptions, such as granting a discount from the amount of the ad valorem tax otherwise owed on homestead+property for qualifying disabled veterans.25++While a homestead exemption may not be transferred when a homestead property owner moves to a new+homestead property, the owner may be able to transfer all or part of the homestead assessment difference.26 Prior+to 2008, large homestead assessment differences discouraged people from buying new homes in Florida due to+fear of losing their accumulated tax savings, which lead to the “Save Our Homes”27 Florida constitutional+amendment allowing homesteaders to “port” or transfer their homestead assessment difference to a newly+acquired Florida homestead and lowering the assessed value for the new homestead as described in s. 193.155(8),+F.S.28++Real Estate Sales Associates, Brokers, and Appraisers++21 S. 689.261(2), F.S.+22 DOR, Quick Facts about the Florida Department of Revenue, https://floridarevenue.com/opengovt/Pages/quick_facts.aspx+(last visited Jan. 26, 2026).+23 Art VII, s. 6(a), Fla. Const., and s. 196.031, F.S.+24 S. 196.031(1)(b), F.S.+25 S. 196.082, F.S. See also, Art. VII, s. 6(d), Fla. Const.; ss. 196.081, 196.091, and 196.102, F.S.+26 Art. VII, s. 4(d)(8), Fla. Const.; S. 193.155(8), F.S.+27 The “Save Our Homes” amendment to the Florida Constitution set a three percent maximum limit on annual valuation+increases of homestead property for ad valorem tax purposes and allowed a person who establishes a new homestead to have+the new homestead assessed at less than just value. Art. VII, s. 4(d)(8), Fla. Const.+28 Evan Berlin, Porting Your Florida Homestead Assessment Difference, Berlin, Patten, Ebling, P.A.,+https://berlinpatten.com/porting-florida-homestead-assessment-difference/ (last visited Jan. 26, 2026).+CS/HB 827+JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY+ 6+Ch. 475, Part I, F.S., provides that the Florida Real Estate Commission (FREC) at the Department of Business and+Professional Regulation (DBPR) administers and enforces real estate licensing laws applicable to real estate+brokers29 and sales associates.30 The FREC may adopt rules to implement statutorily authorized duties and+responsibilities.31++Ch. 475, Part II, F.S., provides that the Florida Real Estate Appraisal Board (FREAB) at DBPR administers and+enforces real estate licensing laws applicable to certified real estate appraisers,32 licensed real estate appraisers,33+and registered trainee real estate appraisers.34 The FREAB may adopt rules to implement statutorily authorized+duties and responsibilities.35++BILL HISTORY+COMMITTEE REFERENCE ACTION DATE+STAFF+DIRECTOR/+POLICY CHIEF+ANALYSIS+PREPARED BY+Housing, Agriculture & Tourism+Subcommittee+14 Y, 0 N, As CS 1/29/2026 Curtin Wright+THE CHANGES ADOPTED BY THE+COMMITTEE:+The amendment corrects a technical error.+Ways & Means Committee+Commerce Committee++-------------------------------------------------------------------------------------------------------------------------------------+THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.+-------------------------------------------------------------------------------------------------------------------------------------++29 “Broker” means, in pertinent part, a person who, for another, and for compensation or valuable consideration directly or+indirectly paid or promised, expressly or implied, or with an intent to collect or receive a compensation or valuable+consideration therefor, appraises, auctions, sells, exchanges, buys, rents any real property or an interest in or concerning the+same; or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is+engaged in such business. S. 475.01(1)(a), F.S.+30 “Sales associate” means a person who performs any act specified in the definition of “broker,” but who performs such act+under the direction, control, or management of another person. S. 475.01(1)(j), F.S.+31 These rules are contained in Rule Ch. 61J2, F.A.C.+32 A “certified general appraiser” means a person who is certified by DBPR as qualified to issue appraisal reports for any type+of real property, and a “certified residential appraiser” means a person who is certified by DBPR as qualified to issue appraisal+reports for residential real property of one to four residential units, without regard to tran saction value or complexity, or real+property as may be authorized by federal regulation. S. 475.611(1), F.S.+33 A “licensed appraiser” means a person who is licensed by DBPR as qualified to issue appraisal reports for residential real+property of one to four residential units or on such real estate or real property as may be authorized by federal regul ation.+New licenses in this category have not been issued since July 1, 2003. S. 475.611(1), F.S.+34 A “registered trainee appraiser” means a person who is registered with DBPR as qualified to perform appraisal services only+under the direct supervision of a certified appraiser. A registered trainee appraiser may accept appraisal assignments only+from her or his primary or secondary supervisory appraiser. S. 475.611(1), F.S.+35 These rules are contained in Rule Ch. 61J1, F.A.C.
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