Hillsborough County Tax Lien Auction: Tax Certificate Sale Policy and Participating Bidder Agreement

Each and every bidder (hereafter “end user,” “bidding entity,” “you,” “user,” or “person”) desiring to bid in the Hillsborough County Tax Certificate Sale must agree to the terms and conditions of this policy, as well as sign and date the Participating Bidder Agreement below concerning fair bidding practices incorporated herein by reference and made a part of the policies governing the tax certificate sale.  By clicking “I AGREE” below, you have agreed to be bound by the policies set forth below including the Participating Bidder Agreement.

The tax certificate sale shall be conducted in accordance with Florida Statutes. The Tax Collector will conduct the sale of tax certificates for unpaid taxes by electronic means. The tax certificate sale will be uniform, fair, efficient, and accountable for all bidders registered to bid in the sale.

Each and every bidder may register to bid so long as the Bidder complies with Florida law and this Tax Collector policy. The Tax Collector reserves the right to require a Bidder Agreement from every Bidder. Failure to comply with the policy of the Hillsborough County Tax Certificate Sale will result in forfeiture of tax certificates awarded, and additionally any such bidder failing to comply with the policy of the Hillsborough County Tax Certificate Sale shall be prohibited from participating in subsequent Hillsborough County Tax Certificate Sales for the following two (2) years.

The Tax Collector shall accept bids in even increments and in fractional interest rate bids of one-quarter of 1 percent only. If multiple bidders offer the same lowest rate of interest, the Tax Collector shall determine the method of selecting the bidder to whom the certificate will be awarded. For purposes of determining the person who wins the certificate in case of a tie bid, the Tax Collector will utilize a random number generator.

By clicking “I AGREE” below, you certify that you will abide by the Internal Revenue Service policies concerning Employer Identification Numbers. Each certificate shall be awarded to the person who will pay the taxes, interest, costs, charges and who will demand the lowest rate of interest, not more than the maximum rate of interest allowed by Florida law. Any person who fails or refuses to pay any bid made by, or on behalf of, such person is not entitled to bid or have any other bid accepted or enforced except as authorized by the Tax Collector.

The holder of a tax certificate may not directly, through an agent, or otherwise initiate contact with the owner of property upon which he or she holds a tax certificate to encourage or demand payment until 2 years after April 1 of the year of issuance of the tax certificate.

If a certificate is not purchased, the certificate shall be struck to the county at the maximum rate of interest allowed. All tax certificates issued to an individual may be transferred at any time before they are redeemed, or a tax deed is executed. The tax collector shall record the transfer on the record of tax certificates sold. The tax collector shall receive $2.25 as a service charge for each transfer.

1. The Bidder is the type of legal entity (e.g., individual, sole proprietor, partnership, corporation, nonprofit, estate, etc.) indicated on my W-9 Form. If the Bidding Entity is a partnership, corporation, limited liability company, limited liability partnership or limited partnership, the name and street address of the agent is the name and address submitted in my Registrant Information (used to create a user for this Web Site).
2. The Bidder is domiciled in the state indicated on either my Registrant Information or W-9 Form.
3. The physical address for the Bidder is the address submitted on either my Registrant Information or W-9 Form.
4. The mailing address for the Bidder is the address submitted on either my Registrant Information or W-9 Form.
5. The Bidder has been issued an Employer Identification Number (EIN) by the United States Internal Revenue Service (IRS) or possesses a Social Security Number (SSN) issued by the Social Security Administration.
6. If the Bidder possesses an EIN, the EIN was obtained for the purpose of federal tax administration and was not obtained for the sole purpose of participation in tax certificate auctions, tax lien auctions, or lotteries.
7. The Bidder has not obtained its EIN by way of lease, license, or sublicense for the purpose of participation in tax certificate auctions (including the Hillsborough County Tax Certificate Sale), tax lien auctions, or lotteries. I agree that if requested by representatives of the Hillsborough County Tax Collector, I will provide official documentation evidencing the legal existence of the Bidder within 72 hours of such request.
8. I agree that, on behalf of Bidder, I will not collaborate with any other bidder(s) to gain an unfair competitive advantage in the random number generator in the event of a tie bid(s) on a tax certificate.
9. I agree that I will not work with any other bidder(s) to increase, maintain, or stabilize interest rates in this tax certificate sale.
10. I agree that I will not employ any bidding strategy designed to create an unfair competitive advantage in the tiebreaking process in the upcoming tax certificate sale.
11. I agree that I will not work with any other bidder(s) to develop a bidding strategy that results in an identical interest rate being placed on any tax certificate(s).
12. I agree that I will not engage in any bidding strategy that will result in a rotational award of tax certificates.
13. The tax certificate(s) the Bidder will bid upon, and the interest rate(s) bid, will be arrived at independently and without direct or indirect consultation, communication, or agreement with any other bidder.
14. The tax certificate(s) the Bidder will bid upon, and the interest rate(s) to be bid, have not been disclosed, directly or indirectly, to any other bidder, and will not be disclosed, directly or indirectly, to any other bidder prior to the close of bidding.
15. No attempt has been made or will be made to, directly or indirectly, induce any other bidder to refrain from bidding on any tax certificate, to submit complementary bids, or to submit bids at specific interest rates.
16. The bids to be placed by the Bidder will be made in good faith and not pursuant to any direct or indirect, agreement or discussion with, or inducement from, any other bidder to submit a complementary, coordinated, or other noncompetitive bid.
17. Prior to the close of registration, the Bidder will post a qualifying deposit equal to 10% of the total aggregate dollar value of tax certificates on which the Bidder intends to win, and will submit any properly executed form and documentation required to register for the auction (i.e.W-9, Participating Bidder Agreement). Any deposit made by the Bidder (or any portion thereof) which is not applied toward the purchase of and payment for tax certificates shall be held until such time after the conclusion of the Hillsborough County Tax Certificate Sale that the Sale has been balanced, and shall thereafter be refunded to the Bidder.
18. The Bidder, as well as its owners, officers, directors, shareholders, and/or members, if applicable, has not during the preceding two (2) years been found by any Florida Tax Collector to have violated the rules of sale, nor been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to the sale of tax certificates, tax liens, or tax deeds.
19. If the Bidder (including its owners, officers, directors, shareholders, and/or members, if applicable) is found by the Tax Collector to have violated the policy of the Hillsborough County Tax Certificate Sale or any provision of this Participating Bidder Agreement, the Bidder understands that any tax certificates awarded to the Bidder in this Sale may be forfeited, and that the Bidder shall be prohibited from participating in subsequent Hillsborough County Tax Certificate Sales for the following two (2) years.
20. I understand that this agreement is made under penalty of perjury, is intended to, and will be, relied upon by the Hillsborough County Tax Collector, and any misstatement in this agreement may result in forfeiture of any deposits posted, as well as any tax certificates awarded.
    

By electronically signing this agreement below, I declare under penalty of perjury pursuant to Chapter 837, Florida Statutes, that I have read the foregoing agreement and that the facts stated in it are true; that I understand whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his/her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in Sections 775.082 or 775.083, Florida Statutes; that I am a duly authorized agent, officer, or representative for the Bidder named on the W-9 Form I submitted; and that I have received, understand and agree to abide by the aforementioned polices of the Tax Collector governing the tax certificate sale incorporated herein by reference; tax certificate bidder/buyer.

I agree that in the event I have questions, comments, concerns about a stated violation of these policies by the Tax Collector, I will contact the Tax Collector or his/her designee and I will abide by and respect the determination of the Tax Collector as to any determinations as to the application of the policies of this tax certificate sale.

I agree that if the tax certificate bidder/buying entity that I represent is challenged by the Hillsborough County Tax Collector with respect to an asserted violation of the above policies, any and all disputes with respect thereto shall have exclusive venue and jurisdiction in the Circuit Court of Hillsborough County.