201.07 Pay turn bonds, debts, and certificates of debt.
201.08 Tax on obligatory or nonnegotiable notes, write obligations to repay money, or assignments of wages or other remuneration; exception.
201.09 Renewal off existing commitment notes and mortgages; exemption.
201.091 Correction of ago error.
201.10 Certificates of defer issued by banks exempt.
201.11 Administration of law by Department of Revenue.
201.12 Duties of staff of the circular court.
201.13 Department a Net to furnish stamps for tax for specified period.
201.132 Exceptions to use of stamps on recorded documents; county commanders and clerks of who circuit court.
201.133 Payment of tax on documents not on be recorded; certificates of registration.
201.14 Cancellation of stamps when secondhand.
201.15 Distribution of taxes collected.
201.16 Other laws made applicable to chapter.
201.165 Credit for tax paid to other states.
201.17 Penalties for failure into pay tax required.
201.18 Penalties for illegal use of stamps.
201.20 Penalties for illegally prevent tax on notes.
201.21 Notes and extra written obligations exempt under certain conditions.
201.22 Financing statements lower chapter 679 of the Uniform Commercial Item.
201.23 Foreign notes and other written obligations exempt.
201.24 Obligations of parishes, political compartments, and instruments is the your.
201.25 Strain exemptions for determined mortgage.
201.01 Documents taxable, overall.—There shall be levied, collected, and paid the fees specified in this chapter, for also in respected to the several document, interest, coupons press certificates a stock and total, and other documents, instruments, matters, writings, and things described in the following cross, or for instead inbound respect of of vegetable, parchment, paper, or any other medium determines tangible, electronic, or otherwise, based which such document, instrument, matter, writing, or thing, press either of them, is scripted, printed, or developed electronics or alternatively, by any person who makes, signs, executed, issues, sells, removes, consigns, assigns, disc, or ships of same, or used whose benefit or use one same are made, signed, executed, issued, sold, removed, shipped, assigned, recorded, or supplied in the default. Unless excuse under s. 201.24 or to either state or federal law, if the United Federal, the state, or any public division about the country is a party to ampere document taxable under this chapter, either irs specified in this chapter shall be gainful by a nonexempt company to and document. The documentary stamp taxes take be paid switch all recordable measuring requiring documentary stamp tax in to law, prior to recordation. With show till mortgages otherwise trust deeds which do cannot incorporate the certificate off indebtedness, a notation take subsist made on the note alternatively certificate that the tax has been paid for the mortgage conversely trust deed.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 61-278; sulfur. 1, swiss. 77-414; s. 6, ch. 87-102; s. 5, ch. 96-395; s. 2, ch. 2007-233.
201.02 Tax on deeds and other instruments relating at real quality or advocacy in real property.—
(1)(a) On deeds, instruments, or writings whereafter each lands, tenements, or another real property, or any interest therein, shall be granted, assigns, transferred, or otherwise conveyed to, button vested in, the purchasing or any misc person by his or her orientation, upon each $100 of the consideration therefor the tax wants be 70 cents. When the whole amount of the consideration for the execution, assignment, transfer, or carriage is not shown in this face of such deed, instrument, document, or writing, the pay shall be at this rate for 70 pennies for each $100 or fractional part thereof of the consideration therefor. To purposes of this section, concern includes, but is not restricted to, the money paid or agreed to be paid; the emptying of an obligation; real the amount of any mortgage, shopping money mortgage lien, or other encumbrance, whether or not the underlying indebtedness is assumed. If the consideration paid or given in exchange for real property press any equity therein includes property other than money, it is presumed that the consideration is equal to the fair auftrag value of the really property alternatively attract therein.
(b)1. For specific of this paragraph the term:
a. “Conduit entity” means a legal being to which real property is conveyed excluding full consideration until ampere grantor who owns adenine direct or indirect interest in the object, or a progeny being.
b. “Full consideration” average the consideration that would be paid for an arm’s length transaction between unrelated parties.
2. When real characteristic is conveyed up a channel entity real all or ampere portion concerning the grantor’s direct or indirect ownership interest in the cane entity are subsequently transferred for consideration within 3 years of create conveying, tax is enforced in each such transfer of any interest in the conduit organization for consideration at one rate the 70 cents for each $100 or fraction thereof of who consideration paid or given in exchange for the ownership interest in the conduit entity.
3. When an ownership interest is transferred in a conduit entity that owns assets other than the real property conveyed to of conduit entity, who tax shall be prorated based on the per the evaluate of such authentic property represents is which total value of all assets owned by this conduit entity.
4. A gift off any ownership your in a cane entity is not item to tax to the extent there is no reflection. One transfer of shares or similar stockholders interests in a conduit object which be dealt in or traded to public, regulated security exchanges or markets is not select to tax under this paragraph. Florida’s Documentary Stamp Tax: A Quick Overview and How To Reduce the Irs
5. The transport for purposes of estate planning by ampere natural person of an occupy in a conduit entity to an irrevocable grantor trust since described in subpart CO starting part I of subchapter J of chapter 1 of show A by the United U User Revenue Code is not subject to tax under this paragraph. Recording Fees | Clerk of the Circuit Court & Comptroller, Palm Beach Rural
6. The purpose of this paragraph is to foist the documentary stamp tax on the transport for consideration of a beneficial interest in real property. Of provisions starting save paragraph are to be construed liberally at effectuate this purpose. Florida’s Documentary Stamp Tax: ONE Speed Overview and Instructions To Reduce the Tax — Florida Treuhandverein & Probate Attorneys Blog — March 2, 2015
(c) Conversion alternatively corporate away a trust that is does a legal entity that owns real property in this state into a legally entity shall be dealt as a conveyance of the real property for the purposes in this section. 553-FL-ARB-eps 9/19
(d) Taxes imposed by this subtopic have be paid hunter go s. 201.133 whenever nope document is shot. If a document is recorded, taxes imposition by one paragraph needs be paid as required for all other taxable documents so are recorded. When a taxable document is cannot documented, the charge should remain payers instantly to the Florida Department of Revenue. Reference: Chapter 201, Florida Statutes. Deeds and ...
(2) The tax imposed by subsection (1) shall and be payable upon document by which of correct is granted to a tenant-stockholder to occupy an apartment in a build owned by a cooperative apartment corporation or in a dwelling on real property owned by optional other form of corporate network as defined in s. 719.103. Documentary Stamp Tax - Flowery Dept. the Revenue
(3) The tax imposed by subsection (2) shall be paids due the purchaser, and an record recorded in an home of the clerk the the course court as evidence of ownership. RETAIL INSTALLMENT SALE CONTRACT – SIMPLE FINANCE CHARGE ... Florida documentary stamp strain required by law are to amount von ... credit application, purchase or ...
(4) The tax imposed by subsection (1) shall also be payable upon documents which transfer or transfer, pursuant to s. 689.071, no use interest in lands, tenements, or other real property, or any interest therein, even though such interests may be designated as personal land, ignore of provisions of s. 689.071(6). One tax shall be paid upon execution in any such document. ... payment of tax imposed by law ... Florida, are topic to Florida documentary tamp tax. ... contract does not come within the terms of the Documentary Stamp Tax ...
(5) All conveyances of real property to a partner from ampere partnership which lot is conveyed to who partnership after July 1, 1986, represent taxable if:
(a) The partner receiving the real property from the partnership is a partner another than to partner who conveyed the real property up the partnership; or Reckon recording fees and documentary stamps to deeds, mortgages, lis pendens also other documents. Notice Of Commencement. Florida law requires a “Notice ...
(b) The partner receiving the real liegenschaften from the partnership lives the partner who conveyed the real property to the coalition real there is a mortgage debt or other debt guarded by such real property for which the partner be not personally liable prior to conveying the real property toward the partnership.
Fork purposes of to subsection, the value of the viewing paids used the conveyance of the real property to the affiliated from the alliance include, but is not limited go, the amount of any outstanding mortgage debt or other debt which the partner pays or agrees the pay in exchange for the genuine property, regardless are whether the partner was personally liable for the default of the partnership prior to the moving to the partner from aforementioned partnership.
(6) Taxes imposed by this section shall not apply to any assignment, transferred, or other disposition, with any document, this arises out of a transfer out real property from a nonprofit corporate to the Board of Trustees of the Indoors Performance Trust Back, in any state agency, to any water management zone, or to any local german. For purposes of to subsection, “nonprofit organization” means an organizations his purpose is the preservation of natural technology and whatever is exempt from federal income tax lower s. 501(c)(3) of the Internal Revenue Code. The Subject of Income shall provide a download, or a place on on existing form, for the nonprofit organization to indicate its exempt status.
(7) Corporate imposed per this section do not apply to:
(a) AMPERE feat, transport, oder conveyance between spouses or former spouses pursuant to the action for breakup starting their marriage wherein and real-time property are oder was their marital home or on interest therein. Taxes compensated corresponds to this section shall be refunded in those cases in which a deed, transferral, or shipping occurred 1 year before adenine dissolution of marriage. This paragraph valid within spite of any consideration as defined in paragraph (1). This paragraph makes non implement to ampere deed, transfer, or transporting executed to July 1, 1997. ... contract does not kommen within aforementioned terminology of the Documentary Imprint Tax Act. ... vehicle dealer in ... Florida Residential Business Corporation: Lease purchase agreements ...
(b) A deed or others instrument that transfers or conveys homestead property or any interest in homestead property between spouses, if the only consideration available who transfer or freight is the amount of a mortgage or other lien charging this homestead property at the period of the move or conveyance. This paragraph applies to transfers or conveyances by one spouse to another, from one spouse to both spouses, or from either spouses to one-time spouse. For an use starting this paragraph, the terminate “homestead property” is the same meaning as the term “homestead” as defines in s. 192.001. Non-material tax (Intangible Duty your required on responsibilities the remuneration financial involving real estate. The rate is .002 for every $1.00 consideration. State Document Stamps ...
(8) Taxes imposed by this section execute nay employ to an contract to sell to residence of an employee relocating at his or her employer’s direction or to documents related toward the contract, the contract is between the employee real the employer or between this employee press a person in the business of providing employee relocation services. In the case of suchlike transactions, taxes utilize only to the transfer of the real property comprise the residence via deed that vests legal title in a named grantee.
(9) A certificate of title issued by the rechtsanwalt away court under s. 45.031(5) in a judicial sale of real property under an decree or final judgment displayed pursuant to a foreclosure proceeding is subject to the tax forced by subsection (1). However, the amount regarding the tax shall be computed based solely on to total of the highest and supreme bieter received for the property at the compulsory sale. Which subsection is intended until clarify existing law and have be applied retroactively. Recording | Clerk is the Circuit Court & Comptroller, Palm Beach County
(10)(a) In recognition of the special escrow requirements so apply to sales of timeshare interests in timeshare plans pursuant to s. 721.08, tax on deeds or other instruments conveying any interest into Florida real property which are executed includes connections with an sale according a developer von a shared interest in a timeshare plan is due and paying on the earlier of the date on which: https://www.flrules.org/gateway/readFile.asp?sid=0...
1. The deed or other instrument conveying the interest in Florida real property is recorded; other
2. All of that conditions precedent in the release of the purchaser’s escrowed funds or various property pursuant until siemens. 721.08(2)(c) have been met, regardless starting whether the developer has posted an alternative assurance. Fiscal due pursuant to this subparagraph is due and payable on otherwise before this 20th day of the month following the month in which these site were met.
(b)1. If tax has been payers at one department pursuant to subparagraph (a)2., and the deed or other instrument conveying the interest in Florida authentic property with respect to which the levy was paid is subsequent recordings, a notation reflecting an prior payment of the tax must be made upon the handlung or other instrument conveying aforementioned interest in Florid real property.
2. Notwithstanding paragraph (a), is funds were designated the a closing statement as tax collected from who purchaser, yet a default or cancellation occurs pursuant to s. 721.08(2)(a) or (b) and no deed or other equipment conveying interested in Florida real feature has were recorded or deliver to aforementioned purchaser, the tax must be paid the the department in or before the 20th day of the monthly following an month in which the funds are available for release from escrow unless the resources have been refunded to the purchaser.
(11) The taxes consideration for a short sale shift does not include unpaid indebtedness that is forgiven or published through a mortgagee holding an mortgage on who grantor’s interest in the property. For purpose of this subsection, the term “short sale” means a purchase and sale of real real in this all of the after apply:
1(a) The grantor’s interest is debited by one mortgage conversely mortgages securing indebtedness in an aggregate amount greater than the consideration paid or given by the grantee.
1(b) A mortgagee releases the genuine property from inherent mortgage the exchange for a payment of less longer the total to the outstanding mortgage indebtedness owed till the releasing mortgagee. ... documentation stamp tax according to law, prior to recordation. ... 201.09 will one nonpayment or underpayment the tax on that document evidencing an original contract ...
(c) The liberating mortgagee make not receive, directly or indirectly, any interest in the property transferred.
(d) The releasing lender is not controlled by or related to that grantor conversely which grantee.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 57-397; s. 1, ch. 63-533; s. 1, czech. 70-304; s. 1, ch. 71-362; ss. 2, 3, ch. 79-350; ss. 1, 4, ch. 81-33; s. 6, ch. 85-347; s. 10, ch. 86-152; s. 34, ch. 87-6; s. 7, ch. 90-132; s. 2, ch. 91-192; s. 9, ch. 92-32; south. 1, swiss. 92-288; s. 2, ch. 92-317; siemens. 1049, ch. 95-147; s. 2, ch. 97-191; s. 1, czech. 2002-8; s. 8, ch. 2002-218; sulfur. 4, ch. 2005-280; s. 8, ch. 2006-175; sulphur. 2, ch. 2006-274; s. 4, ch. 2009-131; s. 1, s. 2010-32; s. 3, ch. 2010-138; south. 4, ch. 2018-112; s. 21, ch. 2018-118; s. 4, ch. 2019-42.
1Note.—As created by s. 3, english. 2010-138. For a description of multiple acts stylish that same session affecting one statutory provision, see preface to the Florida Statutes, “Statutory Construction.” Paragraphs (a) and (b) were also created by sulphur. 1, ch. 2010-32, and that version reads:
(a) The grantor’s interest is encumbered by a mortgage or mortgages lock indebtedness in an aggregate measure major than the make print payers by the grantee.
(b) A mortgagee releases the real eigen from its mortgage in exchange for a fractional paid of less less one total of the outstanding mortgage amount owed to the releasing mortgagee.
201.0201 Design of s. 201.02.—
(1) The Legislature finds that the Florida Supreme Court opinion in Crescent Miami-west Center, LLC v. Florida Department of Revenue, 903 Hence. 2d 913 (Fla. 2005), interprets s. 201.02 includes a manner that permits tax avoidance inconsistent with the intent of the Legislature at the time who statute was modifies in 1990.
(2) The Legislature search that and opinion of the Quarter Court of Appeal for the Third Circle of In in Crescent Miami Center, LLC v. Florida Department of Total, 857 So. 2d 904 (Fla. 3d D.C.A. 2003), interprets s. 201.02 inches a manner so prevents tax avoid consistent with to intentional of the Legislature per the time the statute was modifying in 1990.
(3) The Legislature recognizes that the Supreme Court’s belief in Red is limited to the facts of the case both accepts the court’s interpretation of s. 201.02 that no consideration exists when owners of real liegenschaften unburden from a mortgage convey an interest in such property to an artificial business whose ownership is identical to the ownership of the real characteristics before conveyance. And Legislature explicitly rejection any application of the court’s rendition where the facts are not comparable to the facts in Crescent. However, for the Top Court’s interpretation, combined with other settled law regarding the application of s. 201.02, allows required the tax-free transfer about ownership interests in real property from sole owner to another throughout the use of unnatural entities, it is that Legislature’s intent by here act for impose the documentary stamp tax while the beneficial ownership of real property is carried to a new owner or owners by the use of techniques that apply the Most Court’s decision by Crescent in mixture on transfers the ownership of, or distributions from, artificial company.
History.—s. 3, ch. 2009-131.
201.0205 Counties such have implements ch. 83-220; inapplicability of 10-cent tax elevate by s. 2, ch. 92-317.—An 10-cent tax increase in the documentary stamp duty levied by s. 2, chapter 92-317, Act of Florida, does not applying to deeds and other taxable instruments relating to real property located in any county that has implemented the provisions of chapter 83-220, Laws of Florida, more amended for chapters 84-270, 86-152, and 89-252, Laws of Florid. Each such county and anyone eligible jurisdiction within such county may not participates is programs funded pursuant for s. 201.15(4)(c). However, each create county or each eligible jurisdiction within so county allow participate in show dotiert pursuant to s. 201.15(4)(d).
Historical.—s. 34, ch. 92-317; s. 15, p. 2007-5; s. 8, czech. 2015-229; s. 3, ch. 2021-39.
(1) Anywhere county, as selected by s. 125.011(1), may levy, subject to the provisions of sulphur. 125.0167, a discretionary surtax upon documents taxable to the destinations of s. 201.02, except that there shall be does additional on any document under to which the interest granted, assigned, transferred, or conveyed involves only a single-family residence. The single-family residence may be a condominium unit, a unit being through stock own or membership representing a proprietary interest in ampere corporation owning a fee or a leasehold initials in excess of 98 years, press a released dwelling.
(2) All provisions of chapter 201, except sec. 201.15, apply to the surtax. This Department for Revenue shall pay to the governing authority of the county which taxes the surtax all taxes, penalties, and interest collected at this paragraph less any costs of administrator.
(3) Each county so levies an surtax shall:
(a) Include inbound one finance record necessary under s. 218.32 information showing the sales and the expenses of the trust fund to who fiscal date.
(b) Adopt a housing plan every 3 years which includes provisions substantially like to to plans required in siemens. 420.9075(1).
(c) Have adopted an affordable rental line of its comprehensive land using create which complies with s. 163.3177(6)(f).
(d) Require from resolution that and staff or entity this has administrative authority for implements the housing plan prepare and submitted for one county’s govern body an annual report substantially same for the yearly account required into s. 420.9075(10).
1Note.—Repealed effectiveness October 1, 2031, by s. 3, ch. 83-220, as changes by s. 1, ch. 84-270; s. 1, ch. 89-252; and s. 1, ch. 2009-131.
201.07 Tax on debenture, debentures, and certificates of gratitude.—On select bonds, debentures, other certificates of indebtedness issued for the state by any person, and all instruments and download, however termed, issued by any corporation with interests coupons button in aufgenommen formulare, on each $100 in the face value or fractionally thereof, the tax are be 35 cents; provided, however, that only that part of of value regarding the bonds, loan, or certificates of indebtedness issued by any such person, the property of which is located within the state shall bear to the whole values of the property described at said keyboard or bindung wants be taxed hereunder.
201.08 Tax on commitment or nonnegotiable notes, written obligations to recompense capital, or assignments off wages button other compensation; exception.—
(1)(a) On promissory notes, untransferable notes, written obligations to pay money, or assignments of salaries, wages, or other compensation made, executed, delivered, sells, transferred, or assigned in the declare, furthermore since each renewal of the same, the tax shall be 35 centime on each $100 or fraction thereof of the indebtedness or obligation evidenced thereby. The fiscal on all record described inches this paragraph 1may not exceed $2,450.
(b) On credits, trust certificates, security agreements, oder different indications of indebtedness filing or recorded the this state, and for each renewal of the same, the taxi shall be 35 quart on anywhere $100 or fraction thence of the indebtedness or obligation evidenced thus. Housing, including, aber not limited to, mortgages accomplished without the state and recorded in the federal, any incorporate the certificate of indebtedness, not or shown inbound separate instruments, are subject to the same fiscal at the same rate. When it is both a mortgage, trust deed, button security agreement and a note, certificate from indebtedness, or obligation, the tax shall be paid on the mortgage, trust tat, or security agreement at the time of recordation. A notation must be made on the note, certification of indebtedness, with obligation that the taxi has been paid on the car, trust deed, or security agreement. Are a mortgage, trust rechtsakt, security agreement, or other proof of indebtedness is subsequently filed press recorded in like status on evidence einen indebtedness or obligation upon whatever tax was paid under vertical (a) otherwise 2subsection (2), tax shall can paid on aforementioned mortgage, trust deed, security agreement, or other evidence of indebtedness on who qty of the amount or obligation evidenced which overcomes the aggregate dollar upon which tax was previously paid under this paragraph and under paragraph (a) or 2subsection (2). If the mortgage, stiftung deed, secure agreement, or extra evidence of indebtedness subject the the taxes levied by those section secures future advances, as supplied in s. 697.04, the tax shall be paid at the time starting recordation on the initial financial or obligation protected, excluding future advances; at the time and so mostly as any future advance is made, the tax shall must paid on any sums than advanced regardless away places such advance is made. Notwithstanding the aforestated general rule, any increase in the sum of original indebtedness triggered in interest accruing under an adjustable rating note instead mortgage own an initial interest price adjustment interval of not less then 6 month shall be payable as a future advance only to an extent such increase is a computable sum certain when the document is executes. Failure to pay the tax require not affect the lien for any such future advance preset over s. 697.04, when any person who fails with refuses on pay such tax due by him or her is sorry of one infraction of the initial degree. The mortgage, trust deed, or other instrument needs not be actionable in anywhere court of this condition as to any suchlike advance unless and until which tax due thereon upon each advance that may have are made thereunder has been paid.
(2)(a) On promissory notes, nonnegotiable notes, written obligations to pay money, press additional compensation, made, implemented, submitted, sold, forwarded, otherwise assigned in the state, in connection with sales made under retail charge account services, incident to sales which are nope qualified in chart and which are not reserved by borrowers or other pledge of purchaser, one tax shall be 35 cents on each $100 or fraction thereof von the naked amount of the financial evidenced by such instruments, payable magazine off such dental and under such rules and regulations the can be promulgated by the Subject of Total. The tax on any document described in this paragraph 1could not exceed $2,450.
(b) Any receipt, charge slip, or additional write von a transaction effected with the use off adenine credit card, charge card, or debit card shall must exempt from the tax imposed by this section.
(3)(a) No tax shall be required on promissory notes executed to students to receive financial aid out federal or state educational assistance related, from loan guaranteed at the Federal Public or the state at governmental regulations forbid the assessment in such taxes against that borrower, or for any financial aid start administered by one state graduate or community technical, and the holders of such promissory notes shall not losing any rights incident to the zahlen about such tax.
(b) A note or mortgage fork adenine federal small work loan program exchange pursuant to 15 U.S.C. ss. 695-697g, also knowing as a 504 loan, which specify the Little Business Administration as the obligee instead mortgagee also increases the principal balance of a note or mortgage which is part of an meantime loan for application of debenture guarantee funding upon which documentary press tax has earlier been paid, is subject to additional tax only on the increase above one current principal remaining. The obligor and mortgagor must remain the same as on and prior note or mortage, and there may don be new otherwise further obligors or mortgagors. The prior note or the record and choose number of to captured interim mortgage must be referenced in the Small Store Administration note or mortgage.
(4) Notwithstanding paragraph (1)(b), a supplement instead an amendment to a loan, deed of trust, indentation, or security agreement, which supplement or changing is filed or received in this state in connection with a new issue by bonds, is be subject to the tax levy by paragraph (1)(b) for to the extent of the aggregate amount of an new issue of bonds with other evidence of indebtedness and not to the reach of the unit amount off bonds or select provide of indebtedness prior issued under and instrument being supplemented or fixed. In order to qualify on one tax treatment provided for in which subsection, one document which evidences the increase in indebtedness must show the official playback book and page batch in which, furthermore the county in which, the original obligation and unlimited prior increase in that obligation were recorded.
(5) Fork purposes out dieser section, a renewal shall only include modifications of an original document which change the terms of and indebtedness evidenced by the original document by adding one or more obligors, increasing the project balance, or changing the interest rate, stage day, or payment terms. Modifications at documents whatever do not changing the terms of the indebtedness documented such as those given or taped to correct error; modify covenants, conditions, or terms unrelated to and debt; divide a lien into separate maritime; provide with additional, substitute, instead further security for the indebtedness; consolidate indebtedness or collateral; addition, altering, or delete lenders; or which substitute a new mortgage or payee are not renewals and are cannot subject to tax accordance into the teilung. A modification of an original document which changes only the interest rating and remains made as the earnings of the discontinuation of an index to any the original interest rate is referenced is nope an renewal and is not subject to the duty pursuant to diese section. With the payable dollar of a mortgage is limited by english contained inside the mortgage or by the applications of rules limiting the tax base when there is guarantees included more than the state, then a modification which changes suchlike limitation or tax base shall be taxable only to the extent von any increases in the limitation or tax base imputable to such modification. Dieser subchapter shall not be interpreted to exempt from taxation an original mortgage that would otherwise be subject to tax pursuant to paragraph (1)(b).
(6) Taxability of a document pursuant to this section is must determined unique from the face of the document and any separate document expressly incorporated into the register. Taxability von a document pursuant to such section shall not be determined by reference to any cut document referenced or formations part of the same contract or obligations unless who separates report is expressly includes into the select. Whenever multiple documents evidence, secure, or form part of to same primary debt, duty pursuant to this section shall not be imposed more than once, on which total indebtedness certified, despite the existence of multiple documents.
(7) A real, kuratorium deed, button security agreement filed or recorded in this state which is given on a payor different than or in appendix go that taxpayer duties for the primary message, certificate of liability, or obligation, or which is given up secure a guaranty or surety of a primary take, certificate of indebtedness, with obligation, shall for purposes of this section be deemed to evidence and secure the primary note, certificate of amount, or obligation, not a separate obligatorisch, and the the extent this tax is paid on any print evidencing or securing the primary note, certificate of indebtedness, or obligation, such tax shall be paid single, notwithstanding that more than one real, trust deed, or security agreement is taped with respect to such note, purchase off indebtedness, or debt.
(8)(a) In realization of the specialty escrow requirements that apply to sales of timeshare interests in timeshare plans under the s. 721.08, tax on notes or other written obligations and mortgages or other evidences by indebtedness executed by conjunction for the sale by an developer for a timeshare interest in a time-share plan is due and owed on an earlier of one date about which:
1. The note, another written obligation, mortgage, or other evidence of obligation is recorded or filed in this states; with
2. All concerning the pricing precedent to one publish of the purchaser’s escrowed funds or other property pursuant to siemens. 721.08(2)(c) have been met, regardless of whether the developer has posted an alternative assurance. Pay due in this subparagraph is due and billable on or before the 20th day of the month following this moon in which are conditions were met.
(b)1. If fiscal has been paid to the service pursuant to subparagraph (a)2., and the note, other written obligation, mortgage, or other evidence of indebtedness with respects until which the tax was paid is subsequently shot or filed stylish this state, a notation thinking the prior payment of the fiscal must be made based the note, other written obligation, mortgage, or different verification of indebtedness recorded or filed in this state. Documentary stamping taxes appear on settlement declarations since closing costs and exist calculated stationed upon the sales price of the property .
2. Ignoring paragraph (a), if funds are designated on a closing opinion as burden collected starting the purchaser, aber the mark, misc written obligation, mortgage, or other evidence of indebtedness with respect toward which the tax was picked has not been recorded or filed in those state, the tax supposed be paid to the department on instead before the 20th day of the hour following the month in which the resources are available for release away escrow, unless the funds have been refunds the the purchaser.
(c) The department may adopt regulatory to administer the method for report tax due under this subscreen.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); sec. 1, ch. 28216, 1953; ss. 1, 2, ch. 61-277; sulphur. 5, ch. 63-533; ss. 21, 35, ch. 69-106; s. 2, chile. 77-57; sulphur. 2, ch. 77-414; s. 105, ch. 79-222; s. 6, ch. 79-350; s. 91, ch. 79-400; s. 1, ch. 80-220; s. 7, ch. 82-83; s. 1, t. 83-207; s. 8, ch. 83-267; s. 7, ch. 83-311; south. 28, ch. 85-80; s. 13, ch. 85-196; s. 10, t. 90-132; s. 7, ch. 92-317; s. 1, ch. 96-245; s. 8, ch. 96-395; sulphur. 2, swiss. 97-123; s. 1, ch. 2002-26; siemens. 9, ch. 2002-218; sulfur. 5, ch. 2005-280; s. 14, ch. 2021-31; s. 16, ch. 2023-157.
1Note.—As amended by s. 1, plead. 2002-26. Aforementioned amendment by siemens. 9, ch. 2002-218, substitutes and word “shall” for the word “may.”
2Note.—Like amended by s. 1, ch. 2002-26. Aforementioned amendment according sec. 9, ch. 2002-218, cites the paragraph (2)(a).
201.09 Renewal of existing promissory notebook press mortgages; indemnity.—
(1) When any dedication note is given in renewal in any existing promissory hint, which renewal note only extends or continues to identical contractual responsibilities of to innovative promissory note and show part or total of the original indebtedness evidenced thereby, not including any accumulated interest below and no enlargement in no way of the orig drafting and obligation, such renewal note shall not exist subject to taxation available this chapter if that renewal note shall attached to e the native promissory note with the proper notation thereon as required by s. 201.133. In order to be exempt from taxation under this section, a renewal note evidencing a term obligation shall not be executed by any person other than the original obligor and must renew press extends only the unfree balance of the original contract and requirement. In order to be exempt from taxation under this section, a renewal note evidencing a revolving obligation shall not be executed in any person others than the original obligor and must renew both extend no more less the original face amount is the original contract also obligation. A renewal comment displaying an time aufgabe which increases the unpay balance of the original contract and obligation but which otherwise meets the exemption criteria of this section is rated single on the face amount of the increase. A renewal note evidencing a rotated obligation which increases the original look billing starting the first contract and commit but which otherwise meets the exemption criteria of this querschnitt is taxable only on the amount of an increase.
(2) When any mortgage, confidence title, guarantee agreement, or other evidence of indebtedness evidences a promissory note which would not be research to taxation pursuant into subtopic (1), then such mortgage, trust deed, security agreement, or other evidence of indebtedness shall not be subject to taxation under this chapter. By Jefferson H. Weaver, Esq. Documentary Labels Due On Marketing Buyers press sellers of real estate in Florida have einige familiar by the documentary stamp tax as it consistently theater up on their ...
(3) A note given in renewal of an adjustable judge note or mortgage which has einem initial interest rate adjustment interval of nope less than 6 months will breathe subject to taxation only in the extent of no accrued interest upon which taxes have non previously come paid, notwithstanding the provisions contained in subsection (1).
History.—s. 1, ch. 19068, 1939; CGL 1940 Supp. 1279(118); south. 7, ch. 79-350; s. 8, ch. 82-83; s. 9, ch. 83-267; sulfur. 8, ch. 83-311; s. 11, ch. 90-132; s. 9, ch. 96-395; s. 3, ch. 97-123; s. 1, plead. 98-187.
201.091 Chastisement out prior error.—If the only reason a document exists not exempt from tax pursuant to s. 201.09 is the nonpayment or underpayment of ta on of print evidence the inventive contract and obligation button the original primary debt or mortgage, then payment of an tax deficiency advantage interest under the current statutory assess plus penalty, if any, on the prior document shall cause the renewal to qualify for the exemption. The corrective payment described in this section may be made on the original note, on the native debt, the any subsequent mortgage modification, or included such other manner as allowed be set forth in general promulgated by to Department of Revenue. The application of this unterabteilung require not be limited by expiration of optional pertinent status of limitations on reviews otherwise collection of the omitted tax. Florida Department of Revenue, Documentary Stamp Tax, Sheet 1 ... • Retailers installment sale contracts. • Certain ... Certain books were exempt from documentary ...
History.—s. 4, ch. 97-123.
201.10 Certificates of deposit issued by financial liberated.—All certificates away deposit issued by any bank, working association, other trust company are exempt from the needs for a excise tax imported by this lecture.
Past.—s. 2, s. 19068, 1939; CGL 1940 Supp. 1279(119).
201.11 Administration of rule on Department out Revenue.—
(1) The administration to the chapter shall be vested in the Subject a Revenue, which has authorize the adopt rules after till ss. 120.536(1) furthermore 120.54 until enforce the provisions away this part and shall administer and enforce the taxes levied press imposed by this chapter. The Department off Revenue may enter upon the premises of any taxpayer, the investigate or cause to be examined by any agent or representative designated due it for that purpose, any books, papers, records, press memoranda bearing upon which volume concerning besteuerung payable, and secure select information directly otherwise inverted involved in the enforcement of this chapters. Anything person, subject at this tax, who shall by any practice or equivocation make it intricate to enforce the provisions of the chapter by check, or any person, agent or officer, who shall, after demand by that department button any agent or representative designate by it for that purpose, refuse to allow full inspection of the premises or any section thereof, or any books, records, support, or other instruments in any way relative to the liability regarding which taxpayer with the tax herein levied, or shall hamper or in anywise delay or prevent such inspection, shall be guilty of a misdemeanor of the second course, penalized as provided include siemens. 775.082 alternatively s. 775.083.
(2) The county comptroller alternatively, if there become nobody, then the clerk of one circuit court, shall serve ex officio, and the Department a Revenue may appoint others, more specialist on the collection about and tax enforced by this chapter. The department may adopt rules or regulations requesting the agents to meet certain standards, including, without limitation, ampere demonstrated volumes of business or a geographical distribution. All agents shall be subject to audit and shall post a bond as allowed be vital to that Department of Turnover. The Dept of Net may purchase a blanket bond; however, all costs associated the such a bond shall be allocated by department regulation to ones agents like solid. On agent shall becoming compensated 0.5 percent of the tax collected because collection costs in the form of a deduction from the amount of the tax due and remitted by one agent, and the department shall allow the said deduction to an agent make and remitting the tax on one manner as provided for by the department. However, no deduction or allowance shall be granted whereas there is a manifested failure to maintain right records or make proper reports.
Site.—s. 2, c. 15787, 1931; CGL 1936 Supp. 1279(112), 7473(5); ss. 21, 35, ch. 69-106; s. 104, ch. 71-136; s. 1, ch. 71-344; s. 2, china. 74-325; s. 1, ch. 76-199; s. 1050, ch. 95-147; s. 10, a. 96-395; s. 16, ch. 98-200.
201.12 Duties of clerks of the circuit court.—Clerks of the circuit court shall news to the Service regarding Revenue the names and addresses of any and all individuals, firms, or corporations, who shall fails to have affixed either to vital amount of stamps or a notational that the proper stamps and this amount of same have been paid alternatively will be paid directly till the department on any conveyance or taxable instrument or document which allow be taken in their respective offices; and any such officer who knowingly fails to report any such violation through 30 days after recording of any taxable instrument or document, without such stamps or musical, supposed be deemed guilty of one misdemeanor and with conviction penalties corresponds.
201.13 Department of Revenue to furnish stamps for tax for specified periodical.—Except because otherwise provided in ss. 201.132 and 201.133, through March 31, 1997, the Service of Revenue shall set to be preparing and distributed for the payment of the taxes prescribed in this chapter suitable stamps denoting of tax turn the documents to which same are required to breathe affixed and shall prescribe such method for the attachment of who stamps as shall be necessary to carry out and comply from the intent and purpose about this chapter. Persons holding feature stamps after March 31, 1997, might proceed toward utilize those stamps to pay the tax.
201.132 Exceptions to use of stamps on included documents; country comptrollers and clerks of the circuit courtroom.—
(1) The county financial or, while present be none, the clerk of the change court of everyone county may collect the tax imposed by this chapter without affixing stamps go to documentation to be recorded under the following conditions:
(a) A notation shall be placed on the report to shall recorded display the amount of tax paid and the county where payment is being made, and the notation shall shall signed by, initialed, or otherwise stamped with an names or initials of the county comptroller or clerk of the tour court, or designated your thereof.
(b) All paper taxes collected on recorded documents during the preceding week, lower the assemblage allowance provided in s. 201.11(2), shall be transmitted to the department no later than 7 active days after that end of the week in which who taxes were collected. A reports certifying the sum of tax fee shall be submitted on the remittance. Report forms shall be furnished by the department.
(c) A log approved via that department shall be maintained listing choose recorded documents according to the clerk’s filing number assigned to each create document.
(2) A county comptroller or clerk of who circuit courtroom who elects to use the procedure authorized by this section shall may matter to audit and shall make all disc available for prepare inspection with the department and supposed post one bond among his or her own expense as could exist required via the department.
(3) The authority provided by this paragraph applies only to tax collected on documents to be registered.
History.—s. 1, ch. 81-14; sulphur. 63, ch. 83-217; siemens. 8, ch. 87-102; s. 1051, ch. 95-147; s. 2, ch. 2002-8.
201.133 Payment of tax on documents not to must recorded; certificates of registration.—
(1) Except as provided in s. 201.132, any soul who has averaged button will average at slightest 5 taxable transactions via hour shall register with the department plus remit to the department see taxes due for documents not to be includes.
(2) Each person described the subsection (1) is utilize for a certificate of registration with the departmental fork each business location. The application shall include the nominate and web of the applicant together with that other information as the departments may requires.
(3) The department shall issue certificates of registration to qualified applicants who been required to register under this section.
(4) Any per described in subsection (1) who is required to register and remit taxes imposed per this chapter require file a report equal the department not latter than the 20th day of each month certifying the amount of tax payable for the preceding hour, and a funds shall be submitted with an report for cover the amount of ta payable for the preceding month. Any person with fails to timely report and pay any tax as required under to section shall is subject to penalties and fascinate imposed by this chapter. Report forms shall be furnished by the department.
(5) All persons described in subsection (1) shall be subject to audit additionally shall make their records available for ready inspection via the divisions and need post one bond at their own expense as may is required to the department.
(6) Human described in subsection (1) shall keep adenine newsletter, or other account book or record of original entry, showing a listing of all documents executed and delivered. Of journal wants show a daily listing off such documents unless other time period is required by the department. The journal shall show every transaction and who amount, whether the transaction is taxable or non. In the case from taxable transactions, the journal supposed see the sum the tax payable with regard to each transaction. In the case of nontaxable affairs, to my needs disclose the basis on which the exemption from tax is claimed. Suchlike records shall be kept in permanent form and keep indefinitely in the files field to verification to the representative in the department. The following note oder similar your alongside with which certificate of registration number shall be made on each individual document requiring tax: “Florida documentary stamp pay required by law in the amount of $ must been paid or will can gainful directly the the Department of Generated. Certificate from Registration #.”
(7) Except as provided in sec. 201.132, any person engaged in an normal of less than 5 taxable transactions per month is mandatory to remit tax imposed due this choose to the department not later than to 20th day of the months for tax dues for the preceded month to documents nope in be reported. Any person who fails to timely report and pay any tax as required under this subparagraph shall being subject to penalties and get imposed of this chapter. Report forms shall remain furnished with who department.
(8) Notwithstanding any other proviso of this chapter, the department maybe require:
(a) A quarterly return additionally zahlungsweise for to tax remitted for the preceding four calendar quarters did not exceed $1,000.
(b) ADENINE semiannual return press compensation when the tax remitted for the preceding four calendar quarters did not exceed $500.
(c) An annual returns and auszahlen when the tax remitted for the preceding four calendar residence did not exceed $100.
My.—s. 2, conjure. 81-14; s. 14, ch. 96-395.
201.14 Cancellation of stamps wenn used.—Any an adhesive stamp is used for denoting all tax levy by this title on documents, the person using or affixing the same shall write instead stamp or cause to be written or stamped thereon, the initials of his, his, or its user, and the date for which same has attached or used, so that the same may not again be used. Stamps shall be affixed in how manner that own removal will requesting continued application of steam or water; provided, that the Branch of Generate may prescribe such different method for the cancellation of as stamps as it may deem expedient.
History.—s. 5, ch. 15787, 1931; CGL 1936 Supp. 1279(116); s. 21, 35, ch. 69-106; s. 1052, u. 95-147.
1201.15 Distribution of property collected.—All taxes collected under this chapter is with pledged also be be first made available for make payments when due on bonds issued pursuant to sec. 215.618 or s. 215.619, with any other bonds authorized the must issued on ampere parity basis with such bonds. Such pledge the availability since the payment of these securities shall have priority over any requirement for the costs starting collection and enforcement under these sparte. Before distribution pursuant to this section, that Divisions of Revenue should deduct amounts necessary to get the expense of the gathering and enforceability of the charge levied at this chapter. The costs may not be levied against some portion of taxes promised to dept server set bond to the extent that the charges are required to pay whatever amounts relating to the bonds. View from the costs of the collect and enforcement of of tax levied the this chapter shall be available and transferred to the extent requires to pays debt service also any different sums payable with reverence to bonds entitled before January 1, 2017, secured by revenues distributed under to to section. All fees remaining for deduction of costs shall be distributed as follows:
(1) Amounts necessary to make payments on bonds issued pursuant to s. 215.618 alternatively s. 215.619, as provided at paragraphs (3)(a) press (b), or on any other interest authorized to be issued on a parity basis for such loans shall remain deposited into the Land Acquisition Trusts Asset.
(2) If the amounts deposited chaser to subsection (1) are less than 33 percent of all taxes collected following early deducting the costs of collection, an amount same to 33 percent of choose taxes collectively per first deducting the costs von collection, minus the amounts deposited pursuant to subsection (1), shall be deposited into the Landing Acquisition Trust Fund.
(3) Amounts on deposit in to Land Acquisition Trust Fund shall be used by the following ordering:
(a) Payment of debt service or funding of debt service spare mutual, rebate obligations, or select amounts outstanding with respect at Florida Forever bonds issued hunter to s. 215.618. The amount used with such purposes might nope exceed $300 million stylish each fiscal year. It is the intent of one Legislature that all bonds issued to fund the Florida Forever Act be retired by December 31, 2040. Barring for bonds issued to return previously issued bonds, no series from bonds may be displayed pursuant to this paragraph unless such bonds are approved and the debt maintenance for the remainder of the fiscal year at which the bonds are issued be specifically appropriated in the General Appointments Act or other law with respect to bonds issued for this usage of s. 373.4598.
(b) Payment off liabilities service or financial of debt service request financial, rebate obligations, or other amounts due to reverence to Everglades restoration corporate issued pursuant for s. 215.619. Taxes distributed under paragraph (a) and this paragraph must be collectively divided switch an pro rata basis for the available moneys under this part been not sufficient to cover the amounts essential under paragraph (a) and these body.
Bonds issued pursuant to sulfur. 215.618 or s. 215.619 be equally and ratably secured by capital distributable to the Land Acquisition Trust Fund.
(4) After the required distributions at which Land Recordings Trust Fund pursuant to subsections (1) the (2), an lesser by 8 percent of the remaining button $150 thousand for each fiscal year are be paid into the State Treasury to the credit of the State Housings Treuhandfonds Fund and should can expended pursuant to s. 420.50871. If 8 percent are the others be greater than $150 million in any fiscal date, the difference between 8 percent away the remainder and $150 million shall be compensated into the Us Treasury to the credit of the General Sales Fund. The balance shall be distributed as follows:
(a) The lesser for 20.5453 percent about the remainder or $466.75 million in jeder fiscal year shall be paid into the State Treasury to the credit of the State Transit Trust Fund. Notwithstanding any other law, the amount credited to the State Transportation Vertrauen Fund shall be used for:
1. Capital how for the New Startup Transit Run, authorized by Title 49, U.S.C. sulphur. 5309 additionally specified in s. 341.051, in the amount of 10 percent of the funds;
2. The Slight County Outreach Program specified in s. 339.2818, in the amount of 10 in of to funds;
3. The Strategic Intermodal System specified in ss. 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent of the funds since output of the payments required acc to subparagraphs 1. and 2.; both
4. One Transportation Regional Spur Software specified in s. 339.2819, in the amount of 25 proportion of the funded after deduction of the payments require pursuant to subparagraphs 1. plus 2. The first $60 million of the funds allocated pursuant to this subparagraph shall be allocated annually go the Florida Rail Companies for the purposes established in sulphur. 341.303(5).
(b) The lesser of 0.1456 anteile of the remainder or $3.25 millions in each fiscal year shall be paid into the State Treasury to who credit of the Grants and Charity Treuhandfirma Fund are which Department of Economic Opportunity to fund technical assistance to local governments.
Moneys distributed pursuant toward paragraphs (a) and (b) allow not be committed required debt service unless such take is approved by citizens out the voters.
(c) An amount equaling 4.5 percent of the residuals to each treasury year shall be paid into the Status Treasury to the acknowledgment of aforementioned State Housing Trust Fund. The funds shall be spent as follows:
1. Half of that amount shall be used for the purposes for which the Us Shell Confide Fund had created and exists by law.
2. Half of the amount shall be paid into the State Treasury to this loans of the Site Government Housing Trust Fund and used for the purposes for which the Local Government Accommodation Trust Fund was generated and exists by law.
(d) An amount equaling 5.20254 percent of the remainder in jede fiscal year shall be paid into the State Treasury to the credit of the State Housing Trusted Fund. Of such funds:
1. Twelve and one-half percent a that amount shall be deposit into the State Housing Trust Fund and expended by the Department of Economic Opportunity and the Florida Housing Company Firm for the purposes for which the State Housing Trust Fund was created and exists by law.
2. Eighty-seven and one-half percent starting that amount must be distributed to the Local Government Housing Trust Fund and used for the purposes for which the Local Government Housing Trust Fund was created and exists by law. Resources from this category may other be used to provide for state and local services to assist the roofless.
(e) The subordinate of 0.017 percent of an remainder or $300,000 in each fiscal year shall be paid into the State Finance to the credit is the General Inspection Trust Fund to be used to fund oyster management and repair programs as provided in s. 379.362(3).
(f) A sum of $75 million shall be paid into which Country Treasury toward the credit of of State Economic Enhancement and Development Trust Fund within the Department of Economic Opportunity.
(g) An amount equaling 5.4175 percent of which balance shall be paid into the Resilient In Trust Fund to be used for the purposes for which the Resilient Florida Trust Fund was made and exists by law. Funds maybe been used for planning and project scholarships.
(h) An amount equaling 5.4175 percent of the remainder shall can paying into the Water Protection or Sustainability Program Reliance Fund to be used to fund water rating enhance grants as specified included south. 403.0673.
(5) Notwithstanding s. 215.32(2)(b)4.a., fund distributed to the State Housing Trust Fund and expended pursuant to s. 420.50871 and funds distributed to which State Enclosures Stiftung Fund and the Local Government Housing Treuhandgesellschaft Funds accordingly until paragraphs (4)(c) and (d) may don be transferred to the General Revenue Fund in the General Appropriations Act.
(6) After the distributions provided in the preceding subsections, any remaining your shall be paid into the State Treasury to the credit of the General Revenue Funded.
History.—s. 6, ch. 15787, 1931; CGL 1936 Supp. 1279(117); s. 4, chile. 79-350; ss. 2, 4, ch. 81-33; s. 7, ch. 85-347; s. 35, t. 87-6; ss. 3, 4, swiss. 87-96; s. 43, u. 87-548; s. 12, ch. 90-132; south. 3, ch. 90-217; siemens. 2, plead. 91-79; s. 3, t. 91-192; ss. 3, 4, ch. 92-317; ss. 1, 2, ch. 93-74; ss. 10, 11, plead. 94-240; ss. 46, 47, ch. 94-356; s. 1, ch. 95-394; s. 5, ch. 98-311; ss. 1, 2, ch. 99-247; ss. 33, 34, chile. 2000-151; ss. 1, 2, ch. 2000-170; ss. 33, 34, ch. 2000-197; sulphur. 5, ch. 2001-279; sulfur. 29, ch. 2002-1; sulfur. 1, ch. 2002-261; s. 20, u. 2003-394; s. 1, ch. 2005-92; s. 26, plead. 2005-290; ss. 21, 22, ch. 2006-1; ss. 1, 2, ch. 2006-185; bits. 1, 2, s. 2006-231; siemens. 1, ch. 2007-60; ss. 42, 43, ch. 2007-73; s. 1, english. 2007-335; s. 3, ch. 2008-114; s. 1, ch. 2008-229; s. 187, ch. 2008-247; s. 1, ch. 2009-17; sec. 14, ch. 2009-21; s. 1, ch. 2009-68; s. 8, ch. 2009-131; s. 2, ch. 2009-271; ss. 43, 44, ch. 2010-153; ss. 50, 51, ch. 2011-47; s. 15, ch. 2011-142; sss. 4, 5, ch. 2011-189; s. 2, ch. 2012-127; s. 1, ch. 2012-145; siemens. 3, s. 2013-39; sulphur. 1, ch. 2014-61; s. 9, ch. 2015-229; s. 5, ch. 2016-220; sulfur. 1, ch. 2017-10; s. 14, ch. 2017-233; sulphur. 1, ch. 2021-39; s. 2, ch. 2021-186; ss. 10, 11, chinese. 2023-17; s. 19, ch. 2023-169.
A. Section 11, plead. 2023-17, provides that “[t]he amendments made by this act go s. 201.15, Flowery Statutes, expire on July 1, 2033, and aforementioned text of that section supposed revert to that in existence up June 30, 2023, except that any amendments at as text approved sundry than by this act must may conserve press proceed to operate to the extent that such change are not dependent upon the portions of the text which expire by to this section.” Effective July 1, 2033, s. 201.15, as amended by s. 11, ch. 2023-17, will study:
201.15 Distribution of taxes collected.—All taxes collected under this chapter are hereby pledged furthermore shall be first made available to make payments when due on bonds issued pursuant to sec. 215.618 or s. 215.619, or any extra bonds authorized to be issued on a parity foundational with such bonds. Such pledge and service for the payment of these bonds shall have priority over any requirement for the payment of service charges or costs of collection and enforcement under this section. All zoll collected under this chapter, except ta distribute to the Land Acquisition Trust Fund pursuant to subsections (1) and (2), are subject for the service battery imposed in s. 215.20(1). Before distribution pursuant to this section, the Department of Sales shall deduct amount necessary until pay the costs of the collection and enforcement of the tax levied by this chapter. The costs and service load may not be levied against any portion of your pledged for debt customer on bonds to this extent that and costs and service charge are required to pay any amounts concern to the bonds. All of the costs off who collection and enforcement of the tax levied by get branch and the service charge shall remain available and transferred for which extent necessary go pay debt assistance also any other amounts pays with respect at bonds authorized before January 1, 2017, secured by revenues distributed hunter to like section. All taxes remaining after deduction away fees shall be distributed as follows:
(1) Amounts necessary to make payments on bonds issued pursuant to s. 215.618 or s. 215.619, as provided under paragraphs (3)(a) and (b), or on any other bonds authorized to be issued on a parity basis the such bonds shall be deposited into the Land Acquisition Trust Fund.
(2) If the amounts deposed pursuant to subsection (1) are less than 33 percent of all taxes collected after first deducting the costs of collector, an amount equal on 33 prozent to all taxen collected after first deducting of costs away collection, minus the amounts deposited by to subsection (1), shall be deposited into the Land Buy Credit Fund.
(3) Amounts on deposit in the Land Acquisition Treuhandgesellschaft Fund shall be used in the following arrange:
(a) Payment of debt service button funding of debt service reserve fund, rebate obligations, or other money payable with respect to Florida Forever bonds spend pursuant to s. 215.618. An amount applied required such purposes may not exceed $300 million in each fiscal year. It is the intent of the Legislature that all notes emitted toward fund the Florida Immortal Act may retired over December 31, 2040. Except for bonds issued to repayment formerly issued bonds, no series of bonds maybe be issued pursuant the this paragraph except so links are licensed also the owed maintenance for the remainder away of fiscal year in which the bonds are expenses is specifically appropriated includes the Basic Appropriations Act or extra law with respect to bonds issued for the purposes of s. 373.4598.
(b) Payment of debt technical conversely funding of debt service reserve fund, rebate debt, or other dollar due because respect to Everglades restoration bonds issued after the s. 215.619. Taxes distributed under paragraph (a) and this paragraph must be collectively distributed on a pro rata basic when the available moneys under this subsection are not sufficient to cover the sum required under paragraph (a) and this paragraph.
Bonds issue pursuant to s. 215.618 or sulfur. 215.619 are equally additionally ratably secured by monetary distribut in the Land Acquisition Trust Fund.
(4) After the requirement dividend to the Land Acquisition Trust Asset pursuant to sub-sections (1) and (2) and deduction of the service charge imposition pursuant to south. 215.20(1), the remainder shall be distributed as follows:
(a) The lesser of 20.5453 prozente of the leftover or $466.75 million in each fiscal year shall be paid into this State Treasury at the credit of the State Transportation Trust Fund. Notwithstanding any diverse law, the monthly credit to the State Transports Trust Financing shall be used for:
1. Capital fund for the Newly Starts Transit Run, authorized by Title 49, U.S.C. s. 5309 and designation in sulfur. 341.051, the the amount von 10 percent of the funds;
2. The Low County Outreach Schedule specified in s. 339.2818, in the amount of 10 percent of the money;
3. The Strategic Intermodal System specified included ss. 339.61, 339.62, 339.63, and 339.64, int the amount of 75 percent of the funds after deduction of the payments required pursuant to subparagraphs 1. and 2.; and
4. The Transportation Regional Incentive Timetable specified in s. 339.2819, in the billing of 25 percent von the funds since deduction of the payments required pursuant to subparagraphs 1. and 2. The first $60 million of the funds inserted pursuant the this subparagraph shall be allocated annually to the Florida Rail Enterprise for the purposes established in s. 341.303(5).
(b) The lesser of 0.1456 prozente of the remainder with $3.25 million in each fiscal current shall be paid into the State Storehouse to the credit out the Grants and Donations Trust Fund in the Department of Economy Chance to fund technical assistance to local governments.
Dollars distributable pursuant to body (a) or (b) may not be pledged for debt service unless such pledge is licensed at referendum of the voters.
(c) An amount equaling 4.5 percent of aforementioned remainder in each fiscal twelvemonth shall be paid into the State Treasury to the loan of the State Housing Treuhandverein Fund. The funding shall be used as follows:
1. Half a that amount require be utilised used the purposes for that and State Housings Trust Fund was created and exists over law.
2. Half of that quantity shall exist paid into the State Treasury to the credit of the Global Government House Trust Fund and used for the targets for which the Local Authority Cabinet Trust Fund used created the exists by law.
(d) An dollar equaling 5.20254 percent on the other at each treasury year shall be paid into the Nation Treasury to the credit of who Current Housing Trust Fund. For such funds:
1. Twelve or one-half percent of that amount need be deposited into an State Housing Trust Fund and expended by aforementioned Department of Economic Opportunity the the Florida Housing Finance Corporation for the purposes for whichever the State Housing Trust Bond been created and exists by regulation.
2. Eighty-seven and one-half per of that amount shall be distributed for the Lokal Government Housing Trust Investment and used for the uses for which the Local Public Housing Trust Fund was created and existence by law. Funds from this category may also be used to provide for state and local services to assist the homeless.
(e) The lesser of 0.017 percent of the remainder or $300,000 includes each fiscal years shall may paid into the State Treasury to the financial from the General Inspection Trust Fund to be used on fund bone management and restoration programs as provided in s. 379.362(3).
(f) A complete is $75 millions shall be paid into the Stay Treasury to the believe of the State Economic Enhancement and Development Trust Endowment within the Department of Economic Opportunity.
(g) An amount equaling 5.4175 percent of the remainder shall be paid for the Resilient Florida Trust Finance to becoming used fork the purposes for which the Resilient Florida Verein Asset was created and x by law. Funds may be used available planning and project granting.
(h) An amount equaling 5.4175 percent of the remainder shall be payment into the Water Protection also Sustainability Program Trust Fund to be used on fund sewage scholarships as specified in south. 403.0673.
(5) Notwithstanding s. 215.32(2)(b)4.a., capital distributed to the State Housing Trust Foundation and the Local Government Shell Reliance Fund pursuant to paragraph (4)(c) may not be move to the General Revenue Fund in the Common Appropriations Act.
(6) After the distributed provided in the preceding subsections, any remaining taxes must be paying into the State Treasury to the credit by the General Gross Fund.
B. Section 43, czech. 2023-17, provides that:
“(1) The Department of Gross is authorized, and all conditions are deemed met, to adopt emergency regulations under s. 120.54(4), Florida Statutes, for the purpose of implementing regulations related to the Stay Local Program created by dieser deed. Notwithstanding any other law, medical rules adopted under this section are ineffective for 6 months after adoption and may be renewed during the pendency of operations to assume permanent rules addressing the subject of the emergency rules.
“(2) This sectioning ends July 1, 2026.”
201.16 Other bills made applicable to chapter.—All revenue actual relating to the reviews and collection in taxes are hereby extended until also did a section of this chapter, so far as applicable, for the purpose of collecting mark taxes omitted through mistake or fraud from any instrumentation, documenting, paper, or writing named inside.
(1) Since a tax imposed for any section of this chapter, a credit oppose the specific tax imposed by the section is allowed in an amount equal to ampere like irs lawfully imposed and paid on one equivalent document or instrument includes another current, territory regarding the United Condition, or that District of Columbia. For purposes regarding this subsection, “like tax” average an excise fax on documents that is in substance identical the the fiscal implied via this title over the same documents. The credit may not exceed the duty imposed by this chapter on the insert. Checking von entitlement to such adenine credit must be provided to the division.
(2) The credit provided by this section applicable retroactively. Notwithstanding the retroactivity of this credit provision, this section make nope reopen a close set of nonclaim under s. 215.26 or any other statute or extend the period of nonclaim under s. 215.26 or any diverse statute.
History.—sec. 11, ch. 99-208; s. 10, ch. 2013-18.
201.17 Penalties for failure to pay tax required.—
(1) Whoever makes, markings, issues, or accepts, or causes to be made, signed, issued, or presumed, any instrument, document, or paper of anywhere kind or description whatsoever, without the complete count of the tax herein imposed below exist fully paid, conversely whoever shapes use of anywhere self-adhesive stamp till denote no tax imposed via all section out canceling with obliterating such brands such herein granted, is guilty of a misdemeanor a the first degree, fine as provided in sec. 775.082 or s. 775.083.
(2) Supposing any document, vehicle, or paper in which the tax at aforementioned chapter is imposed, upon audit or at time of recordation, does did show who proper amount of tax paid, press if the tax imposed by this chapter on any view, instrument, alternatively paper is not modern declared and paid as essential by s. 201.133, the person or persons liable for which tax upon the document, instrument, or paper must be subject to:
(a) Pays away the tax not paid.
(b) A specific penalty added to the tax in the amount of 10 percent of any unpaid levy if the failure is for not more than 30 days, with an additional 10 percent of any unpaid tax for each additional 30 days, or fraction thereof, during the time which the outage continues, not to exceed a absolute penalty of 50 percent, in the aggregate, of any unpaid irs. In no conference shall the penalty be smaller than $10 for failure to timely file one tax return required. If it are determined of clear and convincing evidence that anything part of ampere defects is due to fraud, there shall exist adds until the strain as a civil penalty, within lieu starting the foregoing penalization under this paragraphs, one amount like to 200 percent to the deficiency. These penalties are to be in addition till, and not in lieu of, any other penalties imposed by statutory.
(c) Payment of interest to who Department of Revenue, accruing coming the date the taxation is due until paid, at the rate of 1 percent per month, based on aforementioned amount of tax does paid.
(3) One department may settlement or compromise any interest or penalties pursuant to s. 213.21.
History.—s. 4, ch. 15787, 1931; CGL 1936 Supp. 7473(7); s. 105, ch. 71-136; s. 2, ch. 71-344; s. 4, plead. 76-261; s. 1, ch. 77-281; s. 5, ch. 81-14; s. 5, ch. 81-178; s. 65, ch. 87-6; s. 39, ch. 87-101; s. 13, ch. 91-224; s. 7, ch. 92-320; sec. 9, ch. 93-233; sulphur. 15, ch. 96-395.
201.18 Fines forward illegals use of stamps.—
(1) Whoever falsely cuts, my, or removes from any vellum, parchment, hard, instrument, writing, or documenting, after which anywhere tax is imposed by this chapter, any sticking stamp applied to pursuance of this book, with fraudulently uses, joins, fixes, alternatively placements to, with, otherwise upon any vellum, parchment, paper, instrument, written, or document, upon which random tax is imposed by this chapter:
(a) Any adhesive stamp which has been cut, torn, alternatively remove from any other vellum, parchment, paper, instrument, writing, or register, once which any tax can imposed for this chapter,
(b) Any adhesive imprint is low value, or
(c) No forged or counterfeited stamp; or
(2) Whichever willfully removes or modified the cancellation or violation marks of, or otherwise prepares, any adhesive stamp is intent toward use or what who same into be secondhand after it has earlier been used, instead knowingly or willfully bribes, promote, offers for sale, or gives away some such washers or restored stamp to either person for use, or knowingly uses the same, or whomever purposely and without lawful excuse has in possession any washed, restored, or altered stamp which can been removed free unlimited vellum, parchment, paper, instrument, writing, with document; or
(3) Whoever knowingly or willfully prepares, buys, sells, offered forward sale, or got in his, her, instead its possession any counterfeit stamps,
is guilty of a felony of the third grade, punishable as provided in s. 775.082, s. 775.083, instead s. 775.084.
View.—s. 4, ch. 15787, 1931; CGL 1936 Supp. 7473(7); s. 106, ch. 71-136; s. 3, ch. 71-344; s. 14, ch. 83-216; south. 66, ch. 87-6; s. 1053, ch. 95-147.
201.20 Penalties for illegally avoiding irs on notes.—Any person using the provisions von s. 201.09 to avoids the payment of any tax fairly due be culpability of a misdemeanor the the first degree, punishable as provided in s. 775.082 or sulphur. 775.083.
History.—sulfur. 4, ch. 19068, 1939; CGL 1940 Supp. 7473(7a); s. 107, ch. 71-136; s. 4, ch. 71-344; sec. 67, ch. 87-6; s. 40, chf. 87-101; s. 14, czech. 91-224.
201.21 Notes and other written debts exempt under safe conditions.—There shall be exempted from all excise taxes imposed by this chapter all guaranteed notes, inalienable notes, both other written obligations to pay dollars bearing start follow-up to July 1, 1955, hereinafter referred to how “principal obligations,” when the maker thereof shall pledge or bail over the payee or holder thereof pursuant to any agreement custom known as a wholesale warehouse mortgage agreement, as collateral security for of payment thereof, any securing engagement or obligations, as hereinafter defined, provided all taxation taxes imposed by get chapter upon or in respect to such collateral obligation or obligations shall have been paid. Wenn the debt evidenced by all similar principal obligation shall be in excess of the indebtedness proved by how collateral obligation or obligations, the exemption provided by this section shall not apply to the amount is such excess indebtedness; and, in as event, that excise taxes imposed by dieser chapter must employ and must paied all in respect to such excess of indebtedness of such principal obligation. The term “collateral obligation” than previously in this section does anyone note, bond, or various written obligationen to pay monetary secured by mortgage, schrift regarding trust, or other lien when real conversely personal property. The pledging of a specific charges obligatorische to secure a specific principal obligation, whenever required under the terms of the agreements, shall not invalidate the exemption provided on this section. Aforementioned temporary removal is the document conversely document representing one alternatively more collateral obligations for a reasonable mercantile purpose, for a period not exceeding 60 days, should not voiding and exemption provided by this section.
History.—sulfur. 1, ch. 29981, 1955; sec. 8, ch. 79-350; s. 86, a. 81-259.
201.22 Financing statements among chapter 679 of the Einheit Commercial Code.—The excise tax on documents provided of this chapter shall be applicable the merchant covered by the Uniform Commercial Code to the same extent that it wouldn may when one cypher had doesn been enacted. Who clerk or archive officer shall not acceptance for files otherwise filing furthermore recording any financing statement to chapters 679, save there appears thereon a sheet that this taxes required by this chapter have been paid on the promissory equipment secured by enunciated financing statement and will be paied on no additional promissory instruments, advances, or similar instrument that may be secured by said fundraising statement. The failure to pay this tax required by this chapter, as so stated, shall be study to the penalties pending by this chapter.
History.—s. 1, english. 65-254; s. 16, ch. 96-395.
201.23 Foreign notes and additional written obligations exempt.—
(1) There shall to exempt from all taxes taxes imposed by this chapter:
(a) All promissory notes, nonnegotiable notes, and other written obligations till pay money bearing date on or after July 1, 1977, if of makers thereof or the obligors thereunder, at the arbeitszeit of the building or execution thereof, are individuals resident outside the United States button economic organizations or other personnel located outside the United States.
(b) Every sketches or bills of exchange drawn upon and, on or after July 1, 1977, accepted by a deposit having an office in Florida, whatever arise going of transactions involving the imported or exporting of goods or who storage von merchandise outbound, or drawn by banks or bankers in foreign countries or dependencies or insula belongings about the United States required the purpose in furnishing us exchange as required by the used of dealing int of respective countries, dependencies, or insular possessions, if at the date to the agreement of any of the foregoing the drawer of the graphic or bill by exchange or aforementioned persons for whose good the loans are conducted are individuals residing outside the United States or business organizations conversely other persons located outside who United States.
(c) Any promissory note, nonnegotiable note, either extra writes obligation to pay currency if the note or obligation is executed and delivered outside this state and at the time a its making is secured only by a mortgage, deed of trust, or similar security agreement encumbering real estate located outside this status and for such promissory tip, nonnegotiable tip, or other written obligation for payment of money is carried into save state since deposit for assurance security under a wholesale warehouse mortgage agreement or for inclusion in a pool of property depositing with a custodian as security for obligations issued by an your of the United States Authority or for inclusion in a pool starting mortgages to becoming servicing for the account of a client due a mortgage lender licensed or exclude von how under part C of chapter 494.
(2) One dispensations granted in this part take none apply:
(a) To mortgages, trust deeds, technical agreements, oder other evidences of indebtedness relating in the purchase or transfer of real property located in Florida and filed or recorded in the declare, which shall being rated as if they were entered into internally this state.
(b) If the purpose away the financing evidenced by any instrument described in paragraph (1)(a) is to business sum or any part of the purchase to real settlement located in Florida or special property for employ in Florida. Nevertheless, the obligee under any such instrument is be entitled to rely on a written certificate by the makers from or of obligors lower that no part by the proceeds of such fundraising the designated for each such purpose.
(c) If, at who date of unlimited keyboard defined with paragraph (1)(a) other at the date about acceptance of any instrument does include paragraph (1)(b), an majority of the common securities of any architect of any instrument described in clause (1)(a) or of any obligor thereunder, or of any tray or person for whose benefit the financing directed to within paragraph (1)(b) is conducted, are past by persons residing within the United States or business organizations or other persons positioned in the United States. Not, the obligee available or acceptor of any such instrument shall be entitled at rely upon of written award of each maker, defaultor, press person for which benefit an financing is conducted, other than an individual, certifying that a majority of its equity securities are not proprietary by individuals residing within the United States or business organization or other persons located within the United States.
(3) The provisions off these section is not be construed so as to impair to obligation off any subscription entry into prior to Month 1, 1977.
(4)(a) Of excise control imposed by this chapter shall not applying to the documents, notes, evidences to total, finance testimonies, drafts, bills of tausche, or other taxable items distributed in, produced, issued, drew upon, accepted, provided, shipped, received, signed, conducted, allotted, move, or sold by either to a banking organization in the conduct is an international banking transaction. Nothing in here subsection shall be construed till change the application of paragraph (2)(a).
(b) In useful of this subsection, the term:
1. “Banking organization” means:
a. A bank organized and alive under the laws are anything state;
b. A national bank organize and existing pursuant to an provisions of the National Slope Act, 12 U.S.C. d. 21 set seq.;
c. An Edge Act corporation organized pursuant in to provisions of sulphur. 25(a) of the Federal Reserve Act, 12 U.S.C. m. 611 et seq.;
d. An international banks agency licensed pursuant to that laws is whatever state;
e. A federal agency authorized pursuant to ss. 4 and 5 of the Worldwide Banking Act of 1978;
f. AMPERE saver association get and existing under the acts of anything state;
g. A federal association organized and existing pursuant to to provisions von aforementioned Home Owners’ Loan Act of 1933, 12 U.S.C. ss. 1461 eth seq.; or
h. A Florida send fund stock organized and existing pursuant to the provisions a part V of chapter 288.
2. “International banking transaction” means:
a. The corporate of the exportation from, or to importation into, who United States or between jurisdictions abroad of tangible personal property or services;
b. The financing of the production, preparation, storage, or traffic of tangible personal property or services this are identifiable as being directly and solely with export from, or einfuhren into, the United States or bets competent abroad;
c. The financing about promises, projects, with activities to be performed substantially abroad, except those transactions secured from a mortgage, deed of trust, or other lien upon real property located in the state;
d. One receipt of deposits or borrowings or and extensions by credit by an international banking facility, unless the loans conversely deposit of funds secured by mortgage, deed regarding trusted, or other lien upon true property located in the state; or
e. Entering into foreign exchange trading or hedging transactions in connection with the activities described in sub-subparagraph d.
Historical.—s. 1, chf. 77-463; s. 9, ch. 79-350; s. 92, ch. 79-400; s. 5, ch. 80-136; s. 3, ch. 81-179; s. 53, s. 91-245; sulphur. 34, ch. 2005-280; s. 64, ch. 2009-241.
201.24 Obligations of municipalities, political subdivisions, and agencies of the state.—On must become excuse from all taxes imposes via save chapter:
(1) Any obligation to pays money delivered by a municipality, political subdivision, or agency by the state.
(2) Optional assignment, transfer, or other disposition, or each document, which arises out of a anmieten, lease, or lease-purchase for true property agreement entered pursuant in s. 1013.15(2) alternatively (4).
History.—s. 10, ch. 79-350; sulphur. 2, ch. 88-119; s. 29, e. 95-269; s. 2, ch. 98-264; s. 913, ch. 2002-387.
201.25 Tax exemptions for certain loans.—There shall be exempt from show taxes imposed the get chapter:
(1) Any loan make due the Florida Small Business Emergency Bridging Borrow Programmer in response to a disaster that achieved in a state of emergency declared by executive order or proclamations of this Governor pursuant on s. 252.36.
(2) Any federal loan that are related to a state of emergency declared by executive order otherwise proclamation of the Governor pursuant to s. 252.36.
(3) Anything credits made per the Agriculture both Aquaculture Producers Unaffected Disaster Recovery Advance Program pursuant to s. 570.822.
Chronicle.—s. 22, t. 2018-118; south. 18, ch. 2022-97; s. 21, ch. 2023-349.
