Florida Florida Statutes

§ 213.73 — Manner and conditions of sale of property subject of a levy by the Department of Revenue

FS § 213.73Ch. 213

Statute text

Whenever a levy is made as a result of an execution upon a tax warrant or lien:(1) Before the sale, the executive director or his or her designee shall determine a minimum price for which the property shall be sold, and if no person offers at the sale the amount of the minimum price for such property, the sale may be, in the discretion of the executive director or his or her designee, rescheduled; the property may be declared to be purchased at such price for the state; or the property may be declared to be sold to the highest bidder. In determining the minimum price, the executive director or his or her designee shall take into account the expense of making the levy and sale.

(2)The department shall by rule prescribe the manner and other conditions of the sale of property seized. Such regulations shall provide:(a) That the sale may not be conducted in any manner other than by public auction or by public sale under sealed bids.

(b)In the case of the seizure of several items of property, whether such items must be offered separately, in groups, or in the aggregate ortchline">Taxpayers' escrow requirement.—For the purpose of ensuring the continued payment of any taxes, penalties, and interest due the state, the executive director or his or her designee may require a person who is registered to remit sales tax, motor or diesel fuel tax, or any other transaction-based excise tax administered by the department and who has collected and knowingly failed, or repeatedly failed, to remit such taxes in a timely manner or has otherwise failed to comply with the requirements of such tax law to deposit such amount upon receipt into a jointly controlled escrow account, subject to conditions provided by the department.

Legislative history

s. 26, ch. 92-320; s. 1130, ch. 95-147; s. 124, ch. 95-417.