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Florida Statute 197.402 - Full Text and Legal Analysis
Florida Statute 197.402 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 197.402 Case Law from Google Scholar Google Search for Amendments to 197.402

The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE
Chapter 197
TAX COLLECTIONS, SALES, AND LIENS
View Entire Chapter
197.402 Advertisement of real or personal property with delinquent taxes.
(1) If advertisements are required, the board of county commissioners shall make such notice as provided in chapter 50. The tax collector shall pay all charges, and the proportionate cost of the advertisements shall be added to the delinquent taxes collected.
(2) Within 45 days after the personal property taxes become delinquent, the tax collector shall advertise a list of the names of delinquent personal property taxpayers and the amount of tax due by each. The advertisement shall include a notice that all personal property taxes are drawing interest at the rate of 18 percent per year and that, unless the delinquent taxes are paid, warrants will be issued thereon pursuant to s. 197.413 and the tax collector will apply to the circuit court for an order directing levy upon and seizure of the personal property of the taxpayer for the unpaid taxes.
(3) Except as provided in s. 197.432(4), on or before June 1 or the 60th day after the date of delinquency, whichever is later, the tax collector shall advertise once each week for 3 weeks and shall sell tax certificates on all real property having delinquent taxes. If the deadline falls on a Saturday, Sunday, or legal holiday, it is extended to the next working day. The tax collector shall make a list of such properties in the same order in which the property was assessed, specifying the amount due on each parcel, including interest at the rate of 18 percent per year from the date of delinquency to the date of sale; the cost of advertising; and the expense of sale. For sales that commence on or after June 1, all certificates shall be issued effective as of the date of the first day of the sale, and the interest to be paid to the certificateholder shall include the month of June.
(4) All advertisements shall be in the form prescribed by the department.
History.s. 166, ch. 85-342; s. 55, ch. 94-353; s. 1478, ch. 95-147; s. 1, ch. 2005-220; s. 29, ch. 2010-5; s. 32, ch. 2011-151; s. 20, ch. 2021-17.

F.S. 197.402 on Google Scholar

F.S. 197.402 on CourtListener

Amendments to 197.402


Annotations, Discussions, Cases:

Cases Citing Statute 197.402

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Turnberry Investments, Inc. v. Streatfield, 48 So. 3d 180 (Fla. 3d DCA 2010).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 18006, 2010 WL 4740313

...e in full force . . . until discharged by payment or until barred under chapter 95."). [3] § 197.432(1), Fla. Stat. (2010) (providing "the tax collector shall commence the sale of tax certificates on those lands on which taxes have not been paid"); § 197.402(3), Fla....
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United States v. Marion Cnty., Fla., 826 F. Supp. 1400 (M.D. Fla. 1993).

Cited 3 times | Published | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 6061, 1993 WL 319597

...Therefore, pursuant to Kimbell Foods, the Court finds that the priority of the liens must be determined according to Florida law. Under Florida law, the tax collector is required to advertise and sell tax certificates on "all real property with delinquent taxes." Fla.Stat. § 197.402(3)....
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Ago (Fla. Att'y Gen. 1998).

Published | Florida Attorney General Reports

intervals in a newspaper selected as provided in section 197.402, Florida Statutes.4 Proof of the publication
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Sarasota Herald-Tribune Co. v. Sarasota Cnty., 632 So. 2d 606 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11757, 1993 WL 482476

THREADGILL, Acting Chief Judge. Sarasota Herald-Tribune Company (Herald-Tribune) appeals a final declaratory judgment in which the trial court interpreted sections 50.011, 50.031, and 197.402, Florida Statutes (1991), to require the publication of legal notices for delinquent taxes in the full run, or the total circulation, of a newspaper....
...After considering the matter, the county, in an abundance of caution, directed the Herald-Tribune to cease publication and award *607 ed the Venice Gondolier the right to publish the notices in its full run. The Herald-Tribune brought an action for declaratory judgment to determine its rights under chapter 50 and section 197.402....
...t of the Dade County bid specifications. In determining whether the statutes require the tax roll to be published in the full run of a newspaper, we look to the intent of the legislature. See Armstrong v. City of Edgewater, 157 So.2d 422 (Fla.1963). Section 197.402, governing the advertisement of delinquent tax rolls, provides that “[wjhenever legal advertisements are required, the board of county commissioners shall select the newspaper as provided in chapter 50.” Sections 50.011 and 50.031...
...available to the public generally for the publication of notices, and containing information of interest to the general public or to residents or owners of property in the county where published. There is no language in sections 50.-011, 50.031, or 197.402, to indicate that the legislature intended that legal notices be published in the full run of a newspaper....
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Ago (Fla. Att'y Gen. 1990).

Published | Florida Attorney General Reports

fall after April 1. 3 Section 197.332, F.S. 4 Section 197.402(3), F.S. This subsection acknowledges an exception
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Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...1 Generally, taxes become delinquent on April 1 following the year in which they are assessed. 2 Upon taxes becoming delinquent, the tax collector is authorized to collect the taxes by sale of tax certificates on real property and by seizure and sale of personal property. 3 Section 197.402 (3), Florida Statutes, specifies that except as provided in section 197.432 (4), Florida Statutes, on or before June 1 or the 60th day after the date of delinquency for unpaid taxes, whichever is later, the tax collector shall adverti...
...Sincerely, Charlie Crist Attorney General CC/tjw 1 Section 197.333 , Fla. Stat. 2 Id. The statute further provides that taxes may be delinquent immediately after sixty days have expired following the mailing of the original tax notice, should such a date fall after April 1. 3 Section 197.332 , Fla. Stat. 4 Section 197.402 (3), Fla....
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Ago (Fla. Att'y Gen. 1986).

Published | Florida Attorney General Reports

in the same manner as for ad valorem taxes. Section 197.402, F.S., provides for the advertisement of real
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Ago (Fla. Att'y Gen. 2011).

Published | Florida Attorney General Reports

...C., reiterating that on January 1 of each year, all taxes levied pursuant to the constitution and laws of this state become a first lien on the taxable property, superior to all other liens on the property and continuing in full force and effect until discharged by payment or until barred by Ch. 95 or 197, Fla. Stat. 2 Section 197.402 (3), Fla....

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