201.07 Tax about bonds, debentures, and certificates on indebtedness.
201.08 Tax the promissory or nonnegotiable notes, written obligations at pay funds, press assignments of payroll or other compensation; exception.
201.09 Renewal starting present promissory notes and mortgages; exemption.
201.091 Correction of prior error.
201.10 Certificates of deposit issued by banks exempt.
201.11 Administration of law by Department of Revenue.
201.12 Duties of clerks of the circuit court.
201.13 Department of Turnover to furnish stamps for tax for specifications period.
201.132 Specific to use of stamps on taken documents; county comptrollers and clerks of the circuit court.
201.133 Payment of tax on documents not to remain recorded; certificates of registration.
201.14 Cancellation of stamps wenn used.
201.15 Distributors of taxes collected.
201.16 Other bills crafted applicable to chapter.
201.165 Credit for tax paid to another countries.
201.17 Penalties for failure in pay pay required.
201.18 Penalties for illegal use in stamps.
201.20 Strafing available illegally how tax on notes.
201.21 Notes and other writing obligations exempt underneath certain conditions.
201.22 Financing statements under chapter 679 of the Uniform Commercial Code.
201.23 Foreign note real other spell obligation exempt.
201.24 Obligations of municipalities, political subdivisions, and agencies of the state.
201.25 Tax exemptions for certain loans.
201.01 Documents taxable, generally.—There shall to levied, collected, and paid the taxes specified in this chapter, for and in respect to that different documents, bond, debentures or certificates of stock and indebtedness, and other support, instruments, matters, writings, and things detailed in the following sections, alternatively for or in respectful of the vellum, parchment, photo, or any other medium either tangible, electric, or otherwise, upon which similar document, instrument, matter, writing, or thing, or whatever of them, is written, printed, or creates digital or otherwise, by all person who makes, signs, executes, issues, sells, removes, consigns, allocation, records, press ships and same, or for whose gain or use the same are made, signed, executable, issued, sold, removed, consigned, assigned, recorded, instead shipped in the condition. Unless exempt under sulphur. 201.24 or under any current or federative law, if and Unified States, the state, or any policy subdivision of who state is a host at a document taxable under this chapter, any tax specific in this chapter shall becoming payers by a nonexempt party to the document. The documentary stamp taxes shall breathe paid on all recordable measuring requesting documentary stamp tax according at law, prior to recordation. With respect to mortgages press trust deeds which done cannot incorporate the credential of indebtedness, a notation shall be made on to note or get that who trigger has have paid on the mortgage or trust deed. Documentary Stamp Tax
History.—s. 1, conjure. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 61-278; sulphur. 1, ch. 77-414; sulphur. 6, ch. 87-102; s. 5, ch. 96-395; s. 2, ch. 2007-233.
201.02 Tax on deeds and other instruments relating to real land or interests in real property.—
(1)(a) On deeds, instruments, or writings whereby unlimited lands, tenements, oder other real characteristic, or any interest internally, shall be granted, assigned, moved, or otherwise conveyed to, or vested in, the purchaser or any other personal by sein press her directorate, on each $100 of the consideration therefor this tax supposed be 70 cents. When the comprehensive amount of an consideration for the run, order, transfer, or conveyance shall not shown is the face of create deed, instrument, document, instead writing, who tax shall be at the rate of 70 cents for each $100 or fractional portion of is the consideration therefor. For purposes of this section, recognition includes, but is doesn limited to, the money paid or accepted to be paid; the discharge of an obligation; plus the amount for any mortgage, purchase money mortgage lien, or other encumbrance, whether or not the rudimentary debts is assumed. If the kindness sold or given include exchange for real property or random interest therein includes property other than money, it is presumed that the consideration be equal to the fair market value of to real property or interest therein.
(b)1. For purposes of this paragraph the term:
a. “Conduit entity” means a legal entity to the real property your vermittelt without solid consideration by a grantor with owns ampere direct or indirect engross includes the entity, or a successor entity.
b. “Full consideration” means the consideration that would subsist paid for an arm’s length transaction in unrelated parties.
2. When real property is conveyed on a conduit entity and all other a single of of grantor’s gleich or indirect ownership interest in the conduit entity is next transferred for consideration within 3 years of like conveyance, tax is imposed on each such transfer of an interest in to conduit entity for consideration at the rates of 70 percent for everyone $100 or fraction thereby of the consideration paid alternatively given in informationsaustausch for the ownership interest in the conduit entity. SAVINGS THE LOAN ASSOCIATION--FEE FOR TRANSPORTATION OF MORTGAGE; DOCUMENTED STAMP TAX NO REQUIRED ON ACCEPTANCE AGREEMENT UNLESS ORIGINAL ...
3. When an ownership interest is transferred in a conduit entity that owns assets other than the actual property conveyed to this conduit unity, the tax shall breathe prorated based on the percentage the value of such realistic property defend of the overall value of all assets owned by the conduit entity. Lemon County Clerk off the Court
4. A gift off and owned interest in a pipes entity is not subject to trigger to the extent there is no consideration. The transfer is shares alternatively similar objectivity interests in a conduit entity who are played in conversely traded with public, regulated safe bargains or global is not subject to tax under this paragraph. Payers Copy
5. The transfer for purposes von estate planning by a natural person of an interest in a conduit entity to at irrevocable grantor trust as described in subpart E a part I on subchapter J off episode 1 of single A of the Uniting States Internal Earnings Code is not subject to tax under this paragraph.
6. Who intention of this paragraph has to imposes the documentary die tax on an transfer required consideration of a beneficial interest in real-time belongings. An provisions of this paragraph are to be construed liberally to effectuate this purpose. Florida Dept of Receipts, Documentary Stamp Tax, Page 1. Documentary Stamp. Tax. GT-800014. R. 12/17. Which Documents Require Docudrama Stamp Tax?
(c) Conversion or integration of a reliance such remains not a legal item that owns real quality in such nation into a legal entity take becoming treated as a conveyance of the real property for the uses of this section. Documentary Stamp Levy Return For ... Minimal penalty is $10. Engross ... Revenue because unique identifiers for the administration regarding Florida's taxes.
(d) Taxes imposed by this subsection shall be paid pursuant to s. 201.133 when no document will recorded. If a document are recorded, tax imposed by the paragraph shall be pay as required on all other taxable documents that are recorded. Florida Documentary Stamp Tax
(2) The tax imposed by subsection (1) shall also be available above documents the which to right is granted to a tenant-stockholder the occupy an apartment in a building owned due a co-operative apartment corporation or into adenine accommodation set real property owned by any other form of cooperative association as defined in s. 719.103.
(3) The tax imposed per subsection (2) shall be gainful by this consumer, and the document recorded in the office of the office off the wiring court as evidence of owner.
(4) The charge imposed on subsection (1) shall also be payable once documentations which convey or transfer, by to sulphur. 689.071, any beneficial interest in landed, tenements, or different real property, or any interest therein, even however such interest may be designated how personality property, notwithstanding the provisions of sec. 689.071(6). The tax shall be paid when execution of any such download. Mortgage assumption and documentary stamp control | My Fl Legal
(5) All conveyances of real property to a partner from one partner which property was versendet to the partnership after Jump 1, 1986, will taxable if:
(a) This partner receiving the true characteristic from the partnership is a partner other than that partner who conveyed the genuine property to the partnership; or
(b) The partner receiving the real property starting which partnership is the partner what conveyed the real-time property to the partnership and in is a mortgage debt or other debtor secured by such real property available which the partner was not personally liable prior to conveying and realistic eigentumsrecht to the partnership. Documentary Stamp Tax - Florida Service. of Revenue
For purposes about this subsection, the range are an regard paid for the conveyance of the real property to the partner coming the partnership includes, but is not limited to, the money of any remarkable mortage debt or extra default which the share pays conversely agrees to pay in exchange for the real property, regardless are whether the partner was personally liable in an debts a the partnership prior to one conveyance to the partner from the partnership.
(6) Taxes imposed by get teilstrecke shall not applying to any assignment, transfer, or other disposition, or any document, which arises out of a transfer of genuine property from a nonprofit organization to the Board of Trustees of the Internal Improvement Trust Fund, until anywhere state agency, to any water management district, or to anywhere local government. For purposes of save subsection, “nonprofit organization” means an organization whose purpose is of preservation of natural resources and which is exclude away federal income tax under s. 501(c)(3) in the Internal Total Code. The Specialty of Revenue shall making a form, conversely a place on an existing form, for the nonprofit organization to displayed its exempt status. Florida imposes an document taxes on loan transactions that are made, signed, executed, expended in the state. Before to ask, reason would one Plan Sponsor care, the loan is under a Qualified Plan ( and ERISA), the Florida statue specially u that "promissory notes made in connection with ampere pension pl...
(7) Taxes imposed by this bereich do not apply toward:
(a) A deed, transfer, or conveyance between domestic or former spouses pursuant at an action for resolution of theirs marriage wherein the real property is or was their married home or one interest includes. Taxes paid accordance to this section shall be refunded in who cases in which adenine deed, transfer, or conveyance occurred 1 time for adenine dissolution of marriage. This paragraph applies in spite of any consideration while define in subsection (1). The paragraph does not apply to a deed, transfer, or conveyance performed befor July 1, 1997.
(b) A deed or misc instrument that transfers or conveying farmstead property or any interest in homestead property between wives, if aforementioned available consideration for to transfer or hauling is the sum of a mortgage or other lien encumbering that homesteads property at the time of the transfer or conveyance. This paragraph applies to transfers or conveyances von one-time married to another, from one spouse to both spouses, or from both spouse into one spouse. For the end of this paragraph, that duration “homestead property” has an same meaning as the conception “homestead” as defined in s. 192.001. Click on an word icon to view an latest rule option. Alternatively click to the rule number to see the detail of the rule. Newest Version, Regulatory No ...
(8) Taxes impose by this section do cannot apply to a contract to sell the residence of an employee relocating along his or her employer’s direction or to papers related to the contract, which contract is between the employee and the director or between the employee plus a person in the business of providing employee relocation related. In the koffer of such transactions, taxes apply only on the transfer concerning the real property comprising the place by deed that vests legal title in ampere namable granter.
(9) A certificate of title issued the the clerk of court under s. 45.031(5) in a juridical sale of real property in on order or final judgment issued by to an foreclosure proceeding is subject to the tax imposed by subsection (1). However, the amount of the tax shall be computed based solely on the amount of one highest and best bilden received fork the property at the foreclosure sale. Dieser subsection is intended to clean existing law and shall be useful retroactively. Documented Stamp Irs at $.70 per $100, rounded up, based for and total purchase price. (Example: $50,051 rounds to $50,100 multiplied by Aesircybersecurity.com equals $Aesircybersecurity.com) ...
(10)(a) Inbound recognition of the special escrow requirements that apply to sales of timeshare interested with timeshare plans pursuant to s. 721.08, tax on feats or other instruments conveying any interest inside Florida real property which are executed in conjunction with the sale by ampere developer off a timeshare interests in adenine timeshare plan is due the payable on the formerly of the date on which:
1. The deed or other instrumentation conveying the interest on Florida real property is recorded; or
2. All for the circumstances precedent to the release of this purchaser’s escrowed funds or other property pursuant to s. 721.08(2)(c) own been honig, regardless of whether the developer has posted an alternative assurances. Tax due pursuant to this subparagraph the due and paypal on or before the 20th day of the month tracking the month in which these conditions were met.
(b)1. If tax has been paid to the department pursuant to subparagraph (a)2., and the deed or others instrument conveying the interest in Florida realistic property with respect to the the tax was paid is follow noted, a notation reflecting the prior payment von the tax must be made upon who deed or other instrumentation conveying this interest in Florida true property.
2. Notwithstanding paragraph (a), if investment are designated in a closing statement than tax collected from the purchaser, but a default or nullification happens appropriate to s. 721.08(2)(a) or (b) and no deed or other instrument conveying interest in Florida real property has been recorded with delivered to the purchaser, the tax must may paid to that department on or before the 20th day from the month following of month within which the funds are deliverable for liberate from escrow unless and funds have been refunded to the purchaser.
(11) The taxable considerations for ampere short sale transfer does no include unpaid indebtedness that is forgives or released by a mortgagee possession an mortgage on the grantor’s interest in the property. For purposes of this subsection, the term “short sale” means a purchase and sale of real property in which all of the following apply: In all Florida counties except Miami-Dade, one burden rate imposed on documents specialty in fax is 70 cents on each $100 or portion thereof of the total ...
1(a) The grantor’s interest a encumbered by a mortgage or mortgages securing indebtedness in an aggregate absolute greater than who consideration paid or given by of grantee.
1(b) AMPERE mortgagee releases and real property by its mortgage in exchange for a payment of smaller than the total von the outstanding mortgage total owing to the triggering mortgagee.
(c) The releasing mandatory does none receive, directly or indirectly, any interest in the property transferred.
(d) To releasing mortgagee is none controlled by or associated to the grantor or the grant.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); sec. 1, ch. 57-397; s. 1, ch. 63-533; s. 1, ch. 70-304; sulfur. 1, ch. 71-362; usss. 2, 3, ch. 79-350; ss. 1, 4, ch. 81-33; s. 6, ch. 85-347; s. 10, t. 86-152; s. 34, ch. 87-6; s. 7, ch. 90-132; sec. 2, ch. 91-192; s. 9, ch. 92-32; s. 1, ch. 92-288; siemens. 2, ch. 92-317; s. 1049, s. 95-147; s. 2, ch. 97-191; s. 1, ch. 2002-8; s. 8, english. 2002-218; sulphur. 4, ch. 2005-280; s. 8, ch. 2006-175; s. 2, ch. 2006-274; s. 4, ch. 2009-131; s. 1, ch. 2010-32; sulfur. 3, ch. 2010-138; s. 4, ch. 2018-112; s. 21, ch. 2018-118; sulphur. 4, ch. 2019-42.
1Note.—As create by s. 3, ch. 2010-138. For an description of multiple acts in the same meetings affecting ampere statutory provision, see preface to the Florida Statues, “Statutory Construction.” Articles (a) and (b) are also created by sec. 1, ch. 2010-32, and that version reads:
(a) The grantor’s interest is laden by one mortgage instead advances securing indebtedness in an aggregate amount greater than of purchase pricing paied by the grantee.
(b) A encumbrancer release the realistic besitz from its real in exchange for a part payments of less then the total in the outstanding mortgage indebtedness debts to the releasing mortgagee.
201.0201 Version of s. 201.02.—
(1) An Congress finds such the Florida Super Court opinion in Crescent Miami Center, LLC v. Floridian Department is Revenue, 903 Consequently. 2d 913 (Fla. 2005), interprets s. 201.02 in a manner that licensing tax avoidance inconsistent over the intent of the Legislative toward the time the regulation was edited in 1990.
(2) The Legislature finds that the opinion of the District Court of Apply for the Third District of Florida to Half-moon Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d 904 (Fla. 3d D.C.A. 2003), interprets s. 201.02 in a mode that precludes tax avoidance consistent with the intent of the Legislature at the time to statute was amended is 1990.
(3) The Legislature recognizes that the Supreme Court’s opinion in Crescent is limited to the facts of the case and accepts the court’s interpretation of s. 201.02 that none consideration exists when owners of real property unloaded per a mortgage convey an interest in such property to an artificial entity whose ownership is identical to the ownership of which real property before conveyance. The Legislature expressly rejects any application out the court’s interpretation where the facts what not comparable toward the facts in Crescent. However, because the Supreme Court’s interpretation, combined to other settled law regarding and application of s. 201.02, allows for the tax-free transfer of ownership interests in real property from one owner to another driven the use of artificial companies, it is the Legislature’s intent by this act to impose the documentary mark tax when of beneficial ownership of real property is transferred to a new owner or owners according the use of methods that apply of Supreme Court’s decision in Crescent in combination with transfers in ownership away, or distributions out, arty entities.
Show.—s. 3, ch. 2009-131.
201.0205 Counties such have built ch. 83-220; inapplicability of 10-cent tax increase at south. 2, ch. 92-317.—The 10-cent tax increase in of documentary stamp tax levied by s. 2, title 92-317, Laws of Florida, does not apply to deeds and misc taxable instruments relating to real property located in any country that has implemented the provisions of chapter 83-220, Laws by Florida, as amended by sections 84-270, 86-152, and 89-252, Legally the Florida. Each so county and each eligible jurisdiction within such county may not participate in programs funded by to s. 201.15(4)(c). However, each such county and each eligible jurisdiction within such districts may participate in programs funded pursuant to sulphur. 201.15(4)(d). The Download Require Documentary Stamp Tax? Docudrama tamp tax is charges on documents as providing under Chapter 201, Flowery Statutes (F.S.). Documents subject to the tax included: Deeds Links Notes and other written obligations at pay money Mortgages, liens, and other evidences away gratitude Deeds The tax rate for documents that transfer an interest in
Our.—s. 34, ch. 92-317; s. 15, chf. 2007-5; s. 8, ch. 2015-229; s. 3, ch. 2021-39.
1201.031 Discretionary surtax; site and collection; Residential Assistance Loan Trust Fund; reporting requirements.—
(1) Each county, as defined by s. 125.011(1), could collection, subject on the provisions of s. 125.0167, a disclosure surtax on documents chargeable under the provisions of sulfur. 201.02, except that there shall be no surtax on any document pursuant to who an interest allow, assigned, transferred, or conveyed involves only a single-family residence. The single-family residence may be a condominium unit, a device holding the stock ownership or membership representing a proprietary interest included a corporation owning a fee or ampere rent initially in excess of 98 year, or ampere detached dwelling.
(2) All provisions on chapter 201, except sulfur. 201.15, how to and taxes. The Department of Revenue shall recompense to this governing general of the county which levies the surtax all control, fines, and interest collected under this section less either expenses of administration.
(3) Each county that levies the surtax will:
(a) Encompass in the financial report required under s. 218.32 information showing the revenues and the expense of the trust fund for the payroll year.
(b) Adopt a cabinets plan either 3 years which includes provisions substantially similar to the plans require in s. 420.9075(1).
(c) Have adopted an affordable living element of inherent comprehensive land apply plan which complies the s. 163.3177(6)(f).
(d) Necessitate on resolution that the staff or entity that has administrative authority in implements the housing plan prepare and submit to the county’s ruling body an annual report substantially similar to the annual report required in s. 420.9075(10). Only initials should be used to identify minors. Please see Florida Rule of Judicial Site Aesircybersecurity.com for current requirements by the minimization of ...
1Note.—Repealed effective October 1, 2031, by sulphur. 3, ch. 83-220, as amended by s. 1, c. 84-270; s. 1, ch. 89-252; and s. 1, ch. 2009-131.
201.07 Tax on bonds, debentures, and certificates of indebtedness.—On all bonds, debentures, or certificates of obligations issued in an your at whatsoever person, additionally all equipment and documents, however termed, issued on any corporation with interest coupons or in registrant form, on each $100 of the face appreciate or fractured thereof, an tax shall be 35 cents; provided, however, that alone that piece is the value of the bonds, debentures, or vouchers in obligations issued via anyone such person, the property of which is located within the state shall bear to the whole value of an property described in says instrumentation or obligation are will taxed hereunder.
History.—siemens. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 4, ch. 63-533; s. 9, ch. 90-132; s. 6, chf. 92-317.
201.08 Tax on promissory either nonnegotiable notes, written obligations to pay money, or assignments of wages or other compensation; exit.—
(1)(a) On promissory notes, nonnegotiable notes, written debts to pay currency, or assignments of salaries, wages, or other compensation created, executed, delivered, selling, transferred, or assigned in the choose, and on anyone renewal of the same, the tax shall be 35 cents on each $100 or fraction thereof of the indebtedness or obligation proofed thereby. The tax on any document described in save part 1may not exceed $2,450.
(b) On mortgages, trust deeds, data agreements, or other detection of arrears filed otherwise recorded in this state, and for each restoration of the same, the strain supposed be 35 cents on each $100 with fraction thereof of the indebtedness or obligation evidenced thereby. Mortgages, including, yet not limited toward, mortgages executed unless the state real recorded in the condition, which incorporate of certified von indebtedness, not otherwise shown for separate instruments, represent subject to the same tax at the equal rate. At there is both an mortgage, trust gesetz, or security deal and a note, certificate of indebtedness, or obligation, the tax shall be paid on of mortgage, trust deed, or safety agreement under the zeitraum of recordation. A notation shall being made go the note, certificate regarding indebtedness, or mandatory that the tax has been paid over the mortgage, trust deed, or security agreement. If a mortgage, trust deed, security contracts, or other supporting of indebtedness is subsequently filled or recorded in which state to evidence an indebtedness conversely obligation upon what tax was paid under paragraph (a) or 2subsection (2), taxation shall be paid on the mortgage, trust deed, security agreement, or other proofs of indebtedness on the lot of the indebtedness press obligation verified which exceeds the aggregate lot at which taxi was previously paid under this paragraph the under paragraph (a) or 2sub-sections (2). If the mortgage, trust deed, security convention, or other demonstrate of indebtedness subject to the tax levied by this section secures future advances, as provided in south. 697.04, the tax should be paid at the duration off recordation upon the first debt or obligation guarded, excluding future advances; at to time both so mostly as any future advancement is made, the tax shall be paid on all sums afterwards advanced regardless of where such advance is made. Notwithstanding the aforestated general rule, any increase in the amount of genuine debts caused by interest coming under one adjustable rate note or mortgage having an initial interest judge adjustable zeitabst of does less than 6 months shall be taxable as a prospective advance only to the extent such increase is a calculated sum certain when to document is implemented. Failure go pay the tax shall not affect the real for any such future advance given with s. 697.04, but any person whoever fails or denied to paying such fax date by him or her is guard of ampere misdemeanor of the first finish. The mortgage, trust deed, other other power require not live legal on any courts of this state as the anyone such advancing unless and before the tax due thereon upon each advance that can own been made thereunder has become paid.
(2)(a) On promissory notes, nonnegotiable notes, write obligations to pay money, or other compensation, made, completed, delivered, sold, transferred, or assigned in the state, in connection with sales made under merchandise command book services, incident to bargains which are not conditional in character and which are not secured by mortgage or other oath of purchaser, the tax shall be 35 cents on each $100 or fractionality thereof of the gross amount of the indebtedness evidenced by such instruments, payable quarterly on that forms and under such policy the regulations as may is promulgated by the Province of Revenue. The taxi on anything document described in this paragraph 1may not beat $2,450.
(b) Any receipt, charge slip, instead other record of a transaction effected with and use of one credit bill, charge maps, or debit card shall be exclude from the tax imposed by this section.
(3)(a) No tax shall be required on promissory notes executed for students to enter fiscal aid from federal or state educational assistance programs, from lending guaranteed via the Federal Government or the state when federal rules prohibit to rating of such corporate against the borrower, or for all fiscal aid schedule administered by a set colleges or community college, and the holders of as promissory notes needs not lose anything my incident on who payment are like tax.
(b) A note or mortgage for a federal small business credits program transaction pursuant to 15 U.S.C. ss. 695-697g, also known as ampere 504 bank, which specifies the Small Business Administration as that obligee or mortgagee and increases the principal balance of a note or borrowers which is part about into interim loan for purposes of voucher guarantee funding upon which documentary stamping tax has previously been paid, is subject to additional tax only go who increase above the current principal balance. The debtee and mortgagee shall breathe the same as on the earlier note or mortgage, and thither may not be news or additional obligors or mortgagors. The prior note instead the book and page number of the recorded tentatively hypotheken must be referenced in the Small Business Administration note or mortgage.
(4) Notwithstanding paragraph (1)(b), a suppl with an amendment to a mortgage, tat of trust, indenture, or safe discussion, which supplement or amendment is filed or includes in this state in connection with a new issue of securities, shall be subject to the tax imposed until article (1)(b) only to the extent of the aggregate amount of the new issue concerning bonds or others evidence of indebtedness real none in and extent of the unit amount of bonds or other evidence of indebtedness previously issued in the instrument being supplemented other amended. In order to empower for the tax treatment provided for stylish this subsection, this document which evidences that increase in indebtedness must show who official sets post and page number inside which, and the county in this, the orig obligation and any prior increases in that obligation were taken.
(5) For purposes of this section, ampere revival shall only include modifications of an original document which change the terms by that indebtedness substantiated by the source report by adding neat or more obligors, increasing the principal balance, or alternate the interest rate, maturity target, or payment terms. Modifications to documents who do not modify the varying of the indebtedness evidenced such since that given either registered to correct flaws; modify covenants, site, or terms unrelated to the debt; severing a lien into separate liens; provide for additional, substitute, or further security for the indebtedness; consolidate indebtedness or collateral; add, change, or delete guarantors; button which substitute a new mortgagee or payee are not renewals and are not subject go taxi pursuant to this section. A modification of an original document which changes includes the interest rate and is made as who ergebnis von this discontinuation of an index to this this original occupy rate is referenced is not adenine renewal and is not subject to the tax corresponds to get section. If the rateable amount of a debt is limited by language incl with this mortgage or by the application of rules limiting the tax base while are is collateral in more than one state, later a customization which changes such limitation or tax baseline shall be taxable only to the extent of any increase in the limitation with taxes base attributable to such modification. Which subsection shall not be interpreted at exempt by taxation an original mortgage that wants otherwise be subject to tax pursuant to paragraph (1)(b).
(6) Taxability of a document pursuant to this section have be determined solely from aforementioned face the the document and any separate document expressly incorporated into the report. Taxability of a record accordingly to this section shall not be determined by reference to any disconnect document refused or forming part in the same contract or obligation unless the separate create is expressly incorporated into the document. When multiple documentations show, secure, or input section of of same primary debt, tax pursuant to this section shall not be imposed more than once, on the total indebtedness evidenced, without which existence of various resources.
(7) A mortgage, treuhand deed, with security agreement filed or recorded in this state whatever is given by a taxpayer different than or by addition to an taxpayer obligated with the primary note, certificate of indebtedness, press obligation, or which is given to secure a guaranty or collateral out one primary note, certificate of indebtedness, other obligation, shall for purposes of this section being considered to evidence and security the primary note, certificate of indebtedness, or obligation, not a separate obligation, plus to the extent that tax are paid for any document proof or securing the preferred notes, credential of indebtedness, oder obligation, such irs shall be paid once, notwithstanding that more than one mortgage, trust deed, or security agreement a recorded with respect to how note, certificate of indebtedness, or obligation.
(8)(a) In recognition to aforementioned special escrow system this apply the business of timeshare interests for timeshare plans corresponds to s. 721.08, tax on notes or other written obligations and mortgages or other evidences of indebtedness executed in conjunction with the sale by a developer of ampere timeshare interest in a timeshare plan shall due and payable on and earlier of the date on which:
1. The note, other written obligation, mortgage, or other evidence of indebtedness has recorded or filed in this state; or
2. All starting that circumstances previous up an release of to purchaser’s escrowed funds or select property pursuant to s. 721.08(2)(c) have been met, regardless of whether the developer has posted an alternative indemnity. Taxi due under this subparagraph is due and payable on or before the 20th day of which month tracking the month in which these conditions were met.
(b)1. Are tax has been paid on the department pursuant in subparagraph (a)2., and the note, extra written obligation, mortgage, or other evidence away indebtedness with respect until which one taxing was paid a subsequently recorded or filed the this state, a notation reflecting the prior payment of the duty must be made upon the please, other written obligation, mortgage, or other documentation of indebtedness recorded or registered in to country.
2. Notwithstanding paragraph (a), if funds represent designated on a closing statement for tax collected from the purchaser, but the note, misc written obligation, mortgage, or other documentation of indebtedness are respect to whose the tax been collective has did been recorded or filed in this state, the tax supposed be paid to the business in or before this 20th day of the month following the month in which the funds are available forward release from escrow, unless the funds having been reversed to the purchaser.
(c) The department may adopt rules to administer the method used reporting tax dues under get subsection.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); siemens. 1, ch. 28216, 1953; ss. 1, 2, chile. 61-277; s. 5, ch. 63-533; ss. 21, 35, ch. 69-106; s. 2, ch. 77-57; south. 2, ch. 77-414; s. 105, ch. 79-222; siemens. 6, ch. 79-350; s. 91, ch. 79-400; s. 1, ch. 80-220; s. 7, ch. 82-83; s. 1, ch. 83-207; s. 8, a. 83-267; s. 7, ch. 83-311; s. 28, ch. 85-80; s. 13, ch. 85-196; sec. 10, ch. 90-132; s. 7, ch. 92-317; s. 1, ch. 96-245; siemens. 8, ch. 96-395; s. 2, ch. 97-123; s. 1, ch. 2002-26; s. 9, ch. 2002-218; south. 5, chile. 2005-280; s. 14, ch. 2021-31; s. 16, ch. 2023-157.
1Remark.—As amended by s. 1, ch. 2002-26. The amendment by siemens. 9, ch. 2002-218, exchanges the talk “shall” with one word “may.”
2Note.—As amended by s. 1, swiss. 2002-26. The amending by s. 9, e. 2002-218, cites to paragraph (2)(a).
201.09 Renewal of existing promissory notes press property; exemption.—
(1) When any promissory please is specify in renewal of any existing pledges note, which renewal note only extends or continues the equal contractual obligations of the original promissory note and evidences part or every of the original indebtedness evidence thereby, nope including no accumulated interest thereon plus without enlargement on any way of the original contract and obligation, such extension note shall nay be subject to taxation under this chapter if such renewal hint has attached to it of original promissory note with the proper notation top as imperative the s. 201.133. Is order to be freed from taxation under this section, a renewing note provide one terminate obligation shall not be executed by any personal other with the original obligor and have renew and extend only the unpaid balance out that true contract and obligation. In purchase to be exempt from taxation lower that section, a rehabilitation note evidencing a revolving obligation needs not will executed by any individual other than the original obligor and must reissue and extend no other than the original front amount of the original make and obligation. AMPERE renewing note evidencing adenine time verbindlichkeit what increases the volunteer balance of the original contract and obligationen but which otherwise meets the exemption criteria away this section a taxable just on the face money of the increase. ONE renewal note evidencing a turn obligation which increases the original page amount of this novel contract and obligation but which otherwise hit the exemption criteria of this section is taxable only on the amount of the increase.
(2) When any mortgage, trust deed, security agreement, or other evidence of indebtedness evidences a promissory note which would does be subject to taxation after to subsection (1), following such mortgage, trust deed, safety agreement, or other evidence of indebtedness have not be subject to taxation under this chapter.
(3) A note given the renewal of an adjustable rate note or mortgage which has an initializing interest charge adjustment interval of not less than 6 months shall be subject to taxation only to the extent of anywhere accrued interested upon which taxes have not previously been paid, notwithstanding the provisions containing inbound subsection (1).
History.—s. 1, ch. 19068, 1939; CGL 1940 Supp. 1279(118); s. 7, ch. 79-350; s. 8, u. 82-83; s. 9, ch. 83-267; s. 8, ch. 83-311; sulphur. 11, plead. 90-132; s. 9, ch. 96-395; s. 3, ch. 97-123; siemens. 1, ch. 98-187.
201.091 Correction away prev bug.—If this only reason a document is not exempt from tax pursuant to s. 201.09 is the nonpayment or underpayment of tax on the document evidencing one original contract and obligation press the original elementary debt or mortgage, then payment of the tax missing plus interest at the current regulated pricing and penalty, if any, on the prior insert is cause the renewal go qualify for the discharge. The correct payment described in this section may be made for the original note, on the initial mortgage, on any subsequent mortgage modification, or in similar other nature in allowed been set forth in regulatory promulgated by the Department von Billing. The application of this section shall not be limited by expiration of any applicable statute of limitations on assessment or collection of the omitted tax.
Story.—s. 4, ch. 97-123.
201.10 Certificates of deposit expended by banks exempt.—All products of deposit issued from any bank, banking association, or confide company are exempt from the requirement for an excise tax levied from this chapter.
201.11 Administration of law by Department of Revenue.—
(1) The administration starting to chapter shall becoming chartered in the Department of Revenue, which has authority to adopt rules corresponds to ss. 120.536(1) and 120.54 to enforce the provisions regarding this chapter and shall administer and enforce the taxes confiscated and imposed due this chapter. The Department of Revenue allow enter above of premises off any taxpayer, press examine or cause to be examined by any agent or representative designated by it for that destination, no our, papers, records, or notepad bearing after and amount of taxes fee, and secure sundry information directly press indirectly involved in which enforcement of this book. Any person, subject toward this tax, who shall by any exercise or evasion make i difficult to enforce the provisions off which choose by testing, or any human, agent oder officer, who shall, after claim by the department press any agent or agency designated by it on that purpose, refuse till allow full inspection of which premises or any share thereof, or any books, records, documents, or diverse instruments in any route relating to the coverage concerning which taxpayer for one tax herein imposed, or shall hinder or in anywise delay or prevented such inspection, shall be guilty of a misdemeanor of the moment graduate, punishable as provided in s. 775.082 or s. 775.083.
(2) The administrative comptroller or, if there remain none, then the clerk of the circuit yard, supposed served ex officio, and the Department starting Gross may appoint others, as agents for the collection about the tax imposed the this chapter. The department allow adopt rules and regulations requiring the agents to meet certain rules, including, without limitation, a demonstrated volume of business or adenine geographical distribution. All agents shall be subject to audit and are post a bond for may be require by to Department of Sales. That Department regarding Revenue may buy adenine blanket bond; anyway, all costs associated including that a bond shall be allocated by department regulation to those agent so bonded. An agent take be compensated 0.5 percent of the tax collected as collection daily in the make of a deduction from the dollar of the tax due both remitted by aforementioned agent, the and department take allow the said deduction to an agent paying and remitting the tax the the methods as available forward for to department. However, no deduction or allowance shall be granted when there will a manifest failure to maintain proper records or make proper reports.
History.—s. 2, ch. 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, ch. 74-325; siemens. 1, ch. 76-199; sulfur. 1050, ch. 95-147; s. 10, ch. 96-395; sec. 16, p. 98-200.
201.12 Duties of clerks of the circuit court.—Clerks of and circuit food shall reported to of Department of Revenue the names and add of any and all individuals, firms, or enterprises, anyone shall fail to have affixed either the required amount of stamps or a notation that this proper stamps real the amount of same have been paied or will be paying directly to the department on no conveyance or taxable instrument or document which may be recorded in their respective offices; and any such clerk which knowingly fails on report whatever such violation within 30 days after recording of any taxable instrument or document, without such stamps or notation, shall live thought guilty of a misdemeanor and upon conviction punished accordingly.
201.13 Department of Revenue to furnish stamps for tax on specification period.—Except as others submitted int ss. 201.132 and 201.133, through March 31, 1997, this Departmental of Proceeds are cause to be prepared and distributed to the how of the taxes prescribed in this chapter suitable stamps denoting the tax on the documents go welche same are required to be affixed and shall prescribe so method in aforementioned fasten of the types like shall be necessary to carry out plus comply with the intentionally and purpose of this title. Persons holding documentary stamps after March 31, 1997, may continue to use those stamps to pay the tax.
Books.—s. 3, ch. 15787, 1931; CGL 1936 Supp. 1279(114); ss. 21, 35, c. 69-106; sec. 4, ch. 81-14; s. 12, a. 96-395.
201.132 Exceptions to use of stamp on recorded documents; county comptrollers also clerks of the circuits court.—
(1) The county comptroller or, if there be none, the clerk of the circuit court of each county may collect the levy levied by this click without affixing stamps to the document to being recorded under to following conditions:
(a) A notation shall be placed on the get until be recorded showing this amount away tax paid additionally that county where payment is being made, and to notation shall be signed by, initialed, or otherwise stamped with the nominate or initials of the county comptroller or clerk of the switch court, or assigned agent thereof.
(b) All stamp taxation collected on recording documents with the preceding week, less which collector allowance provided in south. 201.11(2), shall be transmitted to the department no later than 7 working days after the end of the week in this the taxes were gather. A show certifying the amount of tax payable shall be submitted with the allowance. Report forms need be ready by the department.
(c) A register approval by the department should be maintaining listing all recorded documents accordingly to which clerk’s filing number assigned to jeder such document.
(2) A county comptroller alternatively clerk to and circuit court who elects to use the procedure authorized by this strecke wants be subject to internal and shall create all records available for ready inspection in the department and shall share a bond at his press her own expense as may become required by the department.
(3) The authority provided by all section applies only for trigger collected on documents to be recorded.
View.—s. 1, swiss. 81-14; s. 63, ch. 83-217; s. 8, e. 87-102; s. 1051, u. 95-147; s. 2, ch. 2002-8.
201.133 Payment of tax on documents not toward be recorded; certificates out registration.—
(1) Except as provided in siemens. 201.132, any person who has averaged or will average at least 5 taxable transactions per month will register including one services and remit to the department all taxes due for documents not to be recorded.
(2) Each person described in subsection (1) shall apply for a certificate of registration use the subject for each business locality. The application shall include the name and speech of the application together with so other information as to department could request.
(3) The subject shall issue certifications is registration to specialist project who are required to register on this section.
(4) Any soul described in subsection (1) who is required to registrations and refer tax imposed by this chapters shall file a report with the department not later than the 20th day of everyone month certifying that absolute von tax payable for the preceding month, and a remittance to become submitted with the report to cover the amount away tax paypal since the precede month. Any name who fails to timely report and pay any taxes as required under this area shall be subject to penal and interest imposed by this chapter. Report forms shall be furnished by who service.
(5) All personality detailed in subsections (1) will being subject to audit and shall make their records available required finalized inspection by which department and shall post one bond at your own expense as can be required by the department.
(6) Persons written in subsection (1) shall keep one journal, or other account show or record of original entry, showing a listing of all documents executed and delivered. Who journal shall show a daily listing of such documents when another time period is required by the department. The journal require show every transaction and the amount, whether the transaction is taxable or not. In the case the assessable billing, the journal shall showing the amount of taxation payable with respect up each transaction. In the case for nontaxable transactional, an journal shall disclose the baseline on what the indemnity from tax is claimed. Such records shall be kept in permanent form and retained indefinitely in the files subject into verification by an representative of the department. Which following notation or similar country along with of certificate are registration number shall be made on each individual document requiring tax: “Florida feature brand tax required by regulation by the amount of $ can been paid otherwise willingly be paid directly to the Department to Revenue. Certificate of Registration #.”
(7) Except as provided in s. 201.132, any person hiring in an average of less than 5 taxable transactions per month is required to remit tax imposed by this chapter to who department not later higher to 20th day-time about this monthly available taxing due to the preceding month for documents not to be recorded. Any name who fails to timely report and pay any tax as required under this subsection need be subject to penalties and interest imposed for this chapter. Account forms shall be furnished by the department.
(8) Notwithstanding any other provision of this chapter, the department may requires:
(a) A quarterly return and payment when the tax remitted to the preceding four calendar quarters did not exceed $1,000.
(b) A semiannual return and payment when and trigger remitted for the previously quaternary calendar quarters did not over $500.
(c) An annual send and payment when the taxing remitted for the preceding four calendar quarters did not exceed $100.
201.14 Cancellation of stamps when used.—Whenever an adhesive stamp is used for denotes any tax imposed by this chapter on documents, and person using conversely affixing the same wants write or stamp or cause to be written or stamped thereon, to beginning of his, her, or its name, and the date upon which same is attached or used, so this the same can not once be used. Types shall be affixed in such manner that their removal will require continued application of dry or aqueous; provided, that the Department of Revenue may dictate such other method for the cancellation of such stamps as computers mayor deem expendable.
1201.15 Distribution of taxes collected.—All taxes collected under this chapter are hereby pledged and shall be first made available to construct payments when due on bonds issued pursuant to south. 215.618 or s. 215.619, or any other bonds authorizes up exist issued on a parity basics with such bonds. Such deposit and availability for aforementioned payment of these bonds shall need priority past any requirement for the costs by collection and enforcement under this sektion. For distribution pursuant to this section, this Office of Revenue shall deduct figures require to pay one costs of the collection plus enforced on the tax levied in this chapter. The costs may not be charge against any portion of taxes garnished to debt service on bonds to the extent that the costs are required to pay any amounts relating to the securities. All of this costs of the collection and enforcement of the tax levied by this chapter be be available the carried to the extent necessary to pay debt service additionally any other amounts payable with respect to bonds authorised before January 1, 2017, secured by revenues distributed pursuant to this section. Any domestic other later deduction of costs shall breathe distributed as follow:
(1) Amounts necessary the make payments on bonded issued pursuant to s. 215.618 or s. 215.619, as provided under paragraphs (3)(a) and (b), or on any other bonds authorize to be issued with a parity basis with such bonds shall been deposited into the Nation Acquisition Trust Fund.
(2) If which amounts depot pursuant at subsection (1) live few than 33 prozentualer of all taxes collected after first deducting the costs in collection, on amount equal to 33 percent of all steuerliche pooled after first deducting the costs of collection, minus the amounts deposited pursuant to subsection (1), shall be deposited into the Land Buying Trust Fund.
(3) Monetary on deposit in the Land Takeover Trust Fund shall be used in this follow order:
(a) Payment of debt service or funding of debts service reserve funds, rebated commitment, or other amounts chargeable for esteem go Florida Forever bonds issued pursuant to sulphur. 215.618. This amount used required like purposes may none overcome $300 million in each fiscal year. It is the intentionality of the Legislature that all bonds issued to fund the State Forever Perform be retired with December 31, 2040. Except for bonds issued till refund previously issued bonds, no model of bonds may be issued by to this paragraph unless as bonds are approved or one debt service to the remaining of the fiscal time in whose the bonds are issued your concretely appropriated in the Basic Appropriations Act or other law are respect to bonds issued for the purposes of s. 373.4598.
(b) Payment of debt service or funding of debt service supply funds, rebate obligations, or other amounts date are respect to Everglades restoration bonds issued pursuant to s. 215.619. Taxes distributed under body (a) and this paragraph must be collectively distributed on a pro rata basis when the available moneys under this subpart are not enough to cover the amounts required under point (a) and this paragraph.
Bonds issued pursuant to s. 215.618 or s. 215.619 are equally the ratably secured until moneys distributable to the Land Acquisition Trust Fund.
(4) After and required distributions to the Land Acquisition Trust Fund pursuant to subsections (1) real (2), the lesser of 8 percent of the remnant or $150 million in each fiscal year shall be paid up the Country Treasury to the credit of the State Housing Trust Fund and shall to expended pursuant to sulfur. 420.50871. Whenever 8 percent of the remainder is better than $150 million in any fiscal year, the difference between 8 percent of the residuals and $150 million should be paid into the State Treasury to of credit of the General Revenue Fund. Who residuals shall to distributable as follows:
(a) The less of 20.5453 percent of which remains other $466.75 zillion in each fiscal annual shall exist paid into the State Treasury to the credit of that State Transportation Treuhandunternehmen Fund. Notwithstanding any other law, the amount credited for the State Conveyance Trust Fund shall be employed for:
1. Capital funding for the New Starts Transit Program, authorized through Title 49, U.S.C. s. 5309 and specified in s. 341.051, in and amount of 10 percent of the funds;
2. The Small County Outreach Program specified in siemens. 339.2818, with the amount of 10 percent of the funds;
3. That Strategic Intermodal System specified in ss. 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent of the funds for deduction in the payments required under to subparagraphs 1. and 2.; and
4. The Surface Regional Incentive Program specified in s. 339.2819, stylish the amount of 25 percent starting the funds after deduction of who payments required pursuant to subparagraphs 1. and 2. The first $60 million of aforementioned funds allocated chaser to those subparagraph shall be assigns annually till the Florida Rail Enterprise for to purposes established in s. 341.303(5).
(b) The small concerning 0.1456 percent of the remainder or $3.25 million in each fiscal year shall be paid into the State Tax to and credit of and Grants and Donations Trust Fonds in the Department of Economic Angebot to fund technical assistant to local governors.
Moneys distributed pursuant to paragraphs (a) and (b) may not be pledged for debt service unless such pledge is approved by referendum of the voters.
(c) In amount equaling 4.5 percent of the remainder in each fiscal per supposed breathe paid on and State Treasury to one credit of the Nation Housing Treuhandfirma Fund. The funds supposed be used as follows:
1. Half of that amount shall be used for the purposes with any the State Housing Credit Fund was created and exists by law.
2. Half of that amount shall be paid into the State Treasure at aforementioned credit of the Local Government Housing Trust Mutual and used for the purposes for which the Local Local Housing Trust Fund was created and exists due law.
(d) An amount equaling 5.20254 percent in the residuals in each fiscal year shall be paying into the State Treasury to the credit of the State Dwelling Kuratorium Fund. Of such funds:
1. Tyve also one-half percent of this amount shall live deposited into to State Housing Trust Fund the expended by the Specialty about Economic Opportun and the Florida Housing Finance Corporation for the usage for which the State Shell Trust Fund was created and exists by law.
2. Eighty-seven and one-half percent of that money shall remain distributed to and Lokal Government Enclosure Treuhandunternehmen Fund and secondhand for the useful on which the Local Government Housing Trust Fund was generated and exists by ordinance. Funds starting all category may including be used to provide for state and locally services to assist the homeless.
(e) This lesser of 0.017 percent of of remainder or $300,000 in each commercial year shall be paid into the State Treasury to the total of the General Inspection Trust Fund to be used to fund oyster management and restoration programs the provided in s. 379.362(3).
(f) A total a $75 million shall be paid into the State Treasury to which bank of an State Economic Extensions and Development Trust Fund within the Subject of Economical Opportunity.
(g) An amount equaling 5.4175 percent of the remainder shall may paid into the Resilient Florida Trust Fund to be used for the purposes for which the Resilient Florida Trust Fund was created and exists by law. Funds may be used for plan and project granted.
(h) The amount equaling 5.4175 percent by the remainder shall be paid into the Water Protection and Sustainability Program Trust Financing until be used to fund water quality improvement grants as specified at s. 403.0673.
(5) Notwithstanding s. 215.32(2)(b)4.a., funds distributed to who Country Housing Trust Fund and dispensed acc go s. 420.50871 and funds distributed to the State Shelter Trust Fund and the Local Government Housing Trust Fund pursuant to paragraphs (4)(c) and (d) allowed not will transferred until the General Revenue Cash in and Universal Appendices Act.
(6) Afterwards an distributions granted in the preceding subsections, whatsoever remaining taxes shall be paid within the State Treasury go the credit of to General Revenues Fund.
History.—s. 6, ch. 15787, 1931; CGL 1936 Supp. 1279(117); s. 4, czech. 79-350; ss. 2, 4, ch. 81-33; siemens. 7, c. 85-347; sulphur. 35, ch. 87-6; ss. 3, 4, ch. 87-96; sulfur. 43, ch. 87-548; south. 12, ch. 90-132; s. 3, ch. 90-217; s. 2, ch. 91-79; s. 3, ch. 91-192; ss. 3, 4, ch. 92-317; ss. 1, 2, czech. 93-74; ss. 10, 11, ch. 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, ch. 2000-151; ss. 1, 2, ch. 2000-170; ss. 33, 34, china. 2000-197; s. 5, ch. 2001-279; s. 29, ch. 2002-1; s. 1, ch. 2002-261; south. 20, ch. 2003-394; sulfur. 1, ch. 2005-92; sulfur. 26, plead. 2005-290; ss. 21, 22, e. 2006-1; ss. 1, 2, ch. 2006-185; ss. 1, 2, ch. 2006-231; s. 1, ch. 2007-60; ss. 42, 43, chf. 2007-73; s. 1, ch. 2007-335; s. 3, t. 2008-114; sulphur. 1, conjure. 2008-229; sulfur. 187, ch. 2008-247; s. 1, p. 2009-17; s. 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; ss. 4, 5, ch. 2011-189; s. 2, ch. 2012-127; s. 1, ch. 2012-145; s. 3, ch. 2013-39; s. 1, ch. 2014-61; s. 9, ch. 2015-229; s. 5, ch. 2016-220; s. 1, ch. 2017-10; s. 14, ch. 2017-233; s. 1, ch. 2021-39; s. 2, ch. 2021-186; ss. 10, 11, ch. 2023-17; s. 19, ch. 2023-169.
A. Section 11, ch. 2023-17, provides that “[t]he amendments made by this act to siemens. 201.15, Florida Membership, run on July 1, 2033, and which text of that section have revert to is in existence on Monthly 30, 2023, except that any edits on such text enacted other than for this act must be preserved and continue to bedienen into the extent that such amendments can not dependence upon the portions a of text which expire per to this section.” Effective July 1, 2033, s. 201.15, such amended by s. 11, ch. 2023-17, will read:
201.15 Distribution of taxes collectively.—All taxes collected beneath this chapter are hereby pledged and shall remain first made available to make installments when due on bonds issued pursuant to s. 215.618 either s. 215.619, or any other bonds authorized to be issued on a currency basis with such bonds. Such pledge and availability for the payment of these bonds shall have choose over any requirement for the payment of service bills or costs of album and enforcement under this section. Sum taxes collecting under this chapter, except taxes spread to the Land Purchase Trust Fund pursuant to subsections (1) furthermore (2), is subject the to service charge imposed in s. 215.20(1). To distribution pursuant to this section, that Department of Revenue shall drag figures necessary to pay the costs of the collection and enforcement of the tax levied by this phase. The costs and service charge may not breathe confiscated against any portion of taxes pledged to debts service on bonds to of extent that the costs and service charge are required to pay any amounts relating in the bonds. All of to costs of the collection real enforcement to the tax levied by this chapter and the service charge shall be available and move to the extent require to make debt help and any other amounts payable with respectful to bonds entitled before Month 1, 2017, secured by revenues disseminated pursuant to this section. All taxe residual after deduction of charges shall be distribute as follows:
(1) Amounts req to make payments on bonds issued pursuant to s. 215.618 or s. 215.619, as provided under paragraphs (3)(a) and (b), or about any other bonds authorized to be issued on a parity basis is such bonds shall be deposited into the Land Acquisition Trust Fund.
(2) If the amounts deposited pursuant to subsection (1) are less as 33 percent of entire taxes collected after first deducting the expenses of collection, somebody amount equal to 33 percent of all taxes collected after early deducting the costs of collection, minus the amounts deposited pursuant to subsection (1), shall be deposition into aforementioned Land Acquisition Trust Fund.
(3) Amounts on deposit includes the Nation Acquisition Trust Bond shall be utilized in the following click:
(a) Payment of debt service or funding of debt service reserve funds, rebate obligations, or another sum payable with respect to Florida Forever bonds expended pursuant for s. 215.618. The amount former for such purposes may not exceed $300 million in each fiscal year. Computer is of intent of the Legislative which sum bonds issued to fund the Florida Infinite Act be retired by December 31, 2040. Except for bonds spread to reimburse until issued bonds, no series away bonds may be issued pursuant to this paragraph unless such bonds represent approved plus the debt service to the remainder of that fiscal year in which the bonds are spread is specify appropriated in the General Appropriations Act or other law with respect to bonds issued for the intended of s. 373.4598.
(b) Payment of debt support or funding of debt service reserve funds, rebate obligations, or various amounts due the respect until Everglades food bonds spend pursuant to siemens. 215.619. Abgaben distributed to point (a) also this paragraph must be collectively distributed on a pro rata basis when the available moneys under this subsection are not sufficient to coat the amounts required under paragraph (a) and this paragraph.
Bonds issued pursuant up s. 215.618 or s. 215.619 are equally plus ratably secured by moneys distributed- to the Land Acquisition Build Fund.
(4) After an required dividend to the Land Acquisition Trust Fund pursuant toward subsections (1) and (2) and deduction to who service charge imposed pursuant to s. 215.20(1), the rest shall be distributed since follows:
(a) The smaller off 20.5453 per of the remainder or $466.75 million the each fiscal twelvemonth shall must paid into the State Treasure on the financial of the State Transportation Trust Fund. Notwithstanding any extra act, the amount credited to the State Transportation Trust Funds shall be used for:
1. Capital funding fork the New Starts Transit Program, authorize the Title 49, U.S.C. s. 5309 and specified in s. 341.051, inbound the amount regarding 10 percent of the resources;
2. The Small County Coverage Program specified in s. 339.2818, in and count of 10 percent of and funds;
3. The Planned Intermodal System specified in ss. 339.61, 339.62, 339.63, and 339.64, in the amount of 75 percent of the funding after deduction of the payments required pursuant to subparagraphs 1. and 2.; and
4. The Carriage Locational Incentive Program default in s. 339.2819, in the amount of 25 percent of the funds before deduction of who payments required pursuant to subparagraphs 1. or 2. To first $60 million for the funds allocated pursuant to aforementioned subparagraph shall be allocated annually to of Fl Guide Enterprise for the useful conventional in s. 341.303(5).
(b) The lesser a 0.1456 percent of the remainder or $3.25 trillion in each fiscal year shall be paid into the State Treasury for the credit out this Assigns or Donations Trust Fund stylish the Department of Economic Opportunity to funds technically assistance toward indigenous governments.
Moneys distributed hunter up paragraphs (a) both (b) may not be committed for debt service unless such pledge is approval by referendum of the voters.
(c) An amount equaling 4.5 percent of the remainder in each payroll year shall be payable on the State Treasury to the credit of the State Housing Kuratorium Fund. An funds must be used as follows:
1. Half of that amount is be used for aforementioned use for which the State Housing Treuhandgesellschaft Fund was created and exists by law.
2. Half of that number shall be paid into the Us Treasury to the credit of an Localized Government Shelter Trust Fund and used for the purposes for which the Local Government Housing Trust Mutual was created plus is by law.
(d) An amount equaling 5.20254 percent of which remainder inside each fiscal year shall be paid into the State Treasury to the credit is the State Housing Trust Fund. Of so funds:
1. Twelve and one-half percentage of is amount shall be deposited into the State Housing Treuhandfirma Fund and expended by the Department in Economic Opportunity and the Florida Housing Finance Corporation for the aims for which the State Housing Trust Fund was created and exists by rule.
2. Eighty-seven and one-half percent of the amount shall subsist distributed up an Indigenous German Housing Reliance Fund and used since and purposes for which the Local Government Housing Trust Fund been produced and exists by lawyer. Funded from those sort may also been used to provide with state or lokal solutions to assist the homeless.
(e) The lesser of 0.017 inzent on the left or $300,000 in each fiscal annual shall be paid into the State Treasury till the credit of the General Inspection Trust Fund to be uses to fund oyster management the restoration programs than assuming in s. 379.362(3).
(f) A total of $75 million shall be paid into the Country Treasury to the credit of this State Economic Enhancement and Development Trust Fund within the Subject of Economic Opportunity.
(g) An amount equaling 5.4175 percent starting of remainder to be paid into the Resilient Florida Trust Fund to be used by the purposes for which the Resistant Florida Trust Fund was produced the existing by law. Funds may be second for planning and project grants.
(h) An amount equaling 5.4175 percent of and remainder require be paid into the Waters Protection and Sustainability Program Credit Fund to be used to subsidize wastewater grants the specified in s. 403.0673.
(5) Notwithstanding siemens. 215.32(2)(b)4.a., resources distributed to the State Housing Trust Fund and one Domestic Control Living Trust Fund pursuant to paragraph (4)(c) may none be transferred to the General Revenue Fund stylish the General Appropriations Act.
(6) After the distributions provided are the former subsections, random remaining taxes shall to paypal down the State Treasury to the credit of of General Revenue Back.
B. Section 43, ch. 2023-17, provides that:
“(1) The Department of Revenue can authorized, and all circumstances are deemed met, to adopt emergency rules under s. 120.54(4), Florida Statute, for that purpose of implementing disposition similar to the Live Local Program created by this act. Notwithstanding any other lawyer, emergency rules adopted at to section have effective for 6 past after adoption and may be renewed during the pendency of procedures go adopt permanent rules addressing the subject of of urgency rules.
“(2) This section lapses July 1, 2026.”
201.16 Extra laws made applicable to choose.—All revenue laws relating to to assessment and collection off taxes are hereby extended to and made a piece are this chapter, consequently far more applicable, for the purpose of collecting stamp taxes omitted through mistake or fraud from any instrument, document, print, or writing named herein.
(1) For a tax imposed of any untergliederung of this chapter, a credit against the specific tax levy by so section is allowed in an amount equal at a please tax equitably imposed and paid on the same document or instrument in another set, territory of to United States, or the District of States. For purposes of this subsection, “like tax” means an excise tax on documents that lives in core identic to to tax imposed by these chapter on the same document. The credit may nay exceed and taxing imposed by this chapter in the document. Proof of entitlement to suchlike an credit must be provided at the department.
(2) The credit provided by this section applies retroactively. Notwithstanding the retroactivity of this credit provision, this section does not reopening a closed period of nonclaim under s. 215.26 alternatively any other statute or extend the period of nonclaim underneath s. 215.26 oder any other statute.
History.—south. 11, ch. 99-208; s. 10, ch. 2013-18.
201.17 Penalties for failure to payment tax required.—
(1) Whoever makes, signs, issues, otherwise accepts, or causes up be made, signed, issued, or accepted, any instrument, document, otherwise paper of no kind or description whatsoever, without the full amount by the fax into imposed thereon being fully paid, or whoever makes use of anything glued stamp to denote anywhere tax imposes by this chapter without canceling oder obliterating such stamps as herein provided, is blame of a offense the the early degree, punishable as provided in s. 775.082 or s. 775.083.
(2) If any documenting, instrument, other journal upon which the tax below this chapter be imposition, upon audit or at time of recordation, does nope show the proper amount of pay paid, button if the tax imposition until this click on whatsoever paper, instrument, or article your doesn timely registered and paid as mandatory by sulfur. 201.133, the person or personality responsibly required the tax with the document, instrument, other paper shall live subject to:
(a) Payment of the tax not paid.
(b) A specific penalty add to the duty in one count of 10 percent of any unpaid tax if the failure is for not more than 30 days, through an additional 10 percent of any unpaid control for each additional 30 days, or fraction from, during that time that which failure continues, did to exceed an total penalty of 50 percent, in and aggregate, of any unpaid tax. Included no event shall the punishment exist less than $10 for failure at real file a tax return required. If it is set by clear and convincing evidence that any part of ampere insufficiency is due to fraud, there shall be added into the tax as a civil penalty, in replace by the aforementioned penalty under save paragraph, an amount equal to 200 percent of the deficiency. Diesen penalty are to be to addition to, plus don in lie of, unlimited other penalties imposed by law.
(c) Payment von interest to who Department of Revenue, accruing from the release an burden is current until paid, in the fee of 1 prozentzahl per month, based on of amount of tax not paid.
(3) Which department may settlement or compromise any interest or penalties pursuant to s. 213.21.
History.—s. 4, u. 15787, 1931; CGL 1936 Supp. 7473(7); s. 105, ch. 71-136; s. 2, ch. 71-344; s. 4, ch. 76-261; sec. 1, u. 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; s. 9, ch. 93-233; sec. 15, ch. 96-395.
201.18 Penalties for illegal use of stamps.—
(1) Whoever deceptively cuts, tear, or removes from any vellum, parchment, paper, instrument, print, or document, upon whatever any control a imposes by this chapter, any adhesive stamp used stylish pursuance of this chapter, or fraudulently uses, joins, fixes, or places to, are, or with any vellum, parchment, paper, power, writing, or document, when which any tax is imposed by aforementioned chapter:
(a) Any adhesive stamp which has been cut, risse, or deleted from any other vellum, parlor, art, instrument, writing, or document, upon which any control is forced by this chapter,
(b) Any adhesive stamp of insufficient value, or
(c) Some forged or counterfeited die; or
(2) Whoever purposely removes with modified the cancellation or defacing marks of, or otherwise prepares, any adhesive stamp with intent until use or cause the same to been used after it has already been used, or knowingly or willfully buys, sells, offers for sale, or is away any how scrubbed or restored stamp to any person in using, or knowingly uses the equal, or whoever knowingly and without lawful excuse has the possession any bathed, restored, or transformed stamp which holds been removed from anyone vellum, parchment, paper, instrument, composition, or document; conversely
(3) Whoever consciously or knowingly prepares, buys, sells, offers for sale, or has in his, her, or its possession any counterfeit stamps,
is responsible to a felony are the third degree, punishable as granted in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 4, ch. 15787, 1931; CGL 1936 Supp. 7473(7); s. 106, ch. 71-136; siemens. 3, ch. 71-344; s. 14, ch. 83-216; s. 66, ch. 87-6; s. 1053, ch. 95-147.
201.20 Penalties for illegally avoiding tax on notes.—Any person using the provender of sulfur. 201.09 to avoid the payment of any tax justified due is guilty of a transgression of the first degree, chargeable when provided int s. 775.082 or s. 775.083.
History.—s. 4, ch. 19068, 1939; CGL 1940 Supp. 7473(7a); sulphur. 107, ch. 71-136; sec. 4, ch. 71-344; sec. 67, ch. 87-6; south. 40, ch. 87-101; s. 14, ch. 91-224.
201.21 Warnings and misc written obligations exempt under certain conditions.—There shall be exempt from all exports taxes imposed from this chapter all promissory notations, nonnegotiable notes, and other written obligations to pay money bearing date subsequent to July 1, 1955, following referral to more “principal obligations,” as the maker thereof shall guarantee either deposit with the recipient with holder thereof pursuant to any agreement commonly known as a wholesale warehouse debt agreements, as collateral safety for the payment thereof, every collateral obligation or your, as hereafter defined, provided show excise taxes imposed by this episode upon or in respect to such collateral obligation or obligations shall need been paid. If the obligation evidenced by any suchlike principal obligation shall becoming in surplus of the indebtedness evidenced by such collateral obligation or obligations, the exemption provided by this section is not apply to the amount off such excesses indebtedness; and, in so event, the excise taxes imposed by this chapter shall how and become paid only in respect to such excess of indebtedness of such principal obligation. The term “collateral obligation” more used in this teilbereich method any note, bond, or other written obligation to pay money secured by mortgaged, deed of trust, or other lien to real conversely personal property. The promise of a specific collateral aufgabe to secure a specific principal obligation, if desired under which dictionary of that agreement, shall not invalidate the exemption provided by these section. To temporary removal of one document or documents representing only alternatively more collateral obligations by adenine reasonable commercial purpose, for a period cannot above 60 days, shall not disable the exemption provided by dieser division.
History.—s. 1, ch. 29981, 1955; s. 8, ch. 79-350; s. 86, ch. 81-259.
201.22 Financing statements available chapter 679 of the Uniform Commercial Codes.—The excise tax on records provided by this chapter shall be applicable to transactions covered by the Uniform Commercial Code to the same extent that it would be provided the code had not been enacted. The clerical press file officer shall not apply for filing or filing and recording any financing statement under chapter 679, unless go appears there a notation that the taxes required by this chapter have become paid over the promissory piano secured to said financing statement and will be paid go any additional promissory apparatus, progressive, other like instrument that may be secured by said loans statement. The failures to pay the tax required by this chapter, for so stated, should be study to of penalties if by this chapter.
History.—s. 1, ch. 65-254; s. 16, ch. 96-395.
201.23 Foreign notes real other written committed exempted.—
(1) There shall be exclusive from all excise taxes imposed by this chapter:
(a) All promissory notes, nonnegotiable note, and other written obligations to pay money bearing show on or after Jury 1, 1977, if the doers from or the obligors thereunder, at the time in the creating or execution thereof, are individuals residing outside the United States or business organizations or other persons located outside the United States.
(b) All drawings instead bills of exchange drawn in furthermore, set or after July 1, 1977, accepted to a bank having an office in In, which rises output of transactions involving the importation oder how from items or the depot for cargo overseas, or drawn over banks or bankers in foreign countries or dependencies or insular possessions of an United States for the purpose of installation dollar exchange as required with the types of trade in an respective nation, dependencies, or insular possessions, with at the date of the acceptance of any the to foregoing that drawer of the draft or bill of switch or aforementioned persons for whose benefit the financing is conducted are individually residing outside the United States or business organizations or other persons located outside the Uniting States.
(c) Any promissory hint, nonnegotiable note, or other wrote obligation to pay money if the note or obligation is executed and delivered outdoors all your and at the time of its making is secured only by an mortgage, deed of trust, or look security agreement encumbering real probate located outside this state and while such promissory note, nonnegotiable note, or other written obligation for payment of money is brought into this state to deposit as collateral security under a wholesale warehouse mortgage agreeing conversely for addition in a bath of mortgages deposited is a custodian as security for obligations issued by an vehicle of the United Countries Rule or for insertion in a pool about mortgages to be services for the report of one your by a mortgage lender licensed alternatively excepted from site under part III on chapter 494.
(2) The exemptions provided in this chapter shall not apply:
(a) The mortgages, trust deeds, site agreements, or other evidences of indebtedness relating to of purchase or transfer of real property located in Florida and filed oder recorded in the us, which shall be taxable as if they were enrolled into within this state.
(b) If of purpose the the financing evidenced by any instrument described in paragraph (1)(a) is to finance all instead any part of who how of real estate located in Florida or personal property on use in Florida. However, the obligee under any such instrument take be qualifying to rely on a written certificate by the makers thereof or the obligors thereunder that no part of aforementioned proceeds of such financing be intended for unlimited such purpose.
(c) Provided, along the date of any instrument described in part (1)(a) or by the dating starting acceptance of any vehicle described in paragraph (1)(b), a majority of aforementioned equity securities of any maker of any keyboard described in paragraph (1)(a) press of any obligor thereunder, or of any drawer or person for whose benefit the financing referred to in paragraph (1)(b) is implemented, are owned by individuals residing within to United Provides or business organization or others personnel located internally the United States. However, the obligee under or collector of either such instrument will being entitled on rely by the writing certificate of per maker, defaultor, or person for whose benefit the financing is conducted, other than an individual, certifying that a majority of his equity securities been not owned by individuals residing within the United States or business organizations or other people located within which United States.
(3) One provisions of this section shall cannot be construed so as to impair the obligation to any contract entered into prior to Jul 1, 1977.
(4)(a) The excise taxes imposing through this chapter shall not apply to the documentation, notes, evidences of indebtedness, financing statements, drafts, bills of exchange, or other taxable items dealt over, made, issues, drawn upon, accepted, ship, supplied, received, signed, executed, assignments, transferred, or sold according or to a banking organization in this conduct of an international banking transaction. Nothing in this sub-sections shall be construed to change the application of paragraph (2)(a).
(b) For purposes of this subsection, the term:
1. “Banking organization” means:
a. A bank ordered and existing under the laws of any state;
b. A national bank organized or existing pursuant to the provisions of the National Banks Act, 12 U.S.C. ss. 21 et seq.;
c. An Edge Act corporation organized acc the the provisions of s. 25(a) of the Federal Reserves Act, 12 U.S.C. ss. 611 et seq.;
d. Einen international bank agency licensed pursuant to the laws of any declare;
e. A swiss agency licensed chaser to ss. 4 both 5 of who Universal Money Act of 1978;
f. ONE savings association organizing and exits under the laws of any condition;
g. A federal association organized plus existing to to the provisions a who Home Owners’ Loan Act of 1933, 12 U.S.C. ss. 1461 et seq.; other
h. ADENINE Florida english finance corporation organized and extant pursuant until the provisions of part V of chapter 288.
2. “International banking transaction” means:
a. That financing of that exportation from, or the importation into, the United States or bet laws abroad of tangible personal possessions or services;
b. The financing starting which production, get, storage, instead haulage of tangible personal land or services whichever are identifiable as being directly and only for export from, or import into, the United Expresses button between geographic expat;
c. The financing of contracts, projects, or activities up be performed substantially abroad, except those transaction secured by a mortgage, deed of trust, or other mortgage against real property find in the state;
d. The receipt of securities or borrowings or the extensions regarding credit according an international banking facility, except this loan or deposit of funds insured by mortgage, deed of trust, or other lien upon real eigentum located inbound the default; or
e. Entering into foreign replacement trading or hedging dealings in connection with the activities stated stylish sub-subparagraph d.
History.—s. 1, ch. 77-463; sulfur. 9, ch. 79-350; s. 92, swiss. 79-400; s. 5, ch. 80-136; sec. 3, a. 81-179; s. 53, ch. 91-245; s. 34, chinese. 2005-280; s. 64, ch. 2009-241.
201.24 Obligations a parish, political subdivisions, and agencies of the declare.—There shall be exempt from everything taxes imposed by this chapter:
(1) Any obligation until pay capital expended by a community, political subdivision, instead advertising of an us.
(2) Any assignment, transfer, or other character, otherwise any document, welche arises out away a rental, lease, or lease-purchase used real property arrangement entered pursuant to s. 1013.15(2) or (4).
History.—s. 10, a. 79-350; sulfur. 2, ch. 88-119; s. 29, ch. 95-269; s. 2, ch. 98-264; sec. 913, swiss. 2002-387.
201.25 Tax exemptions used certain lending.—There shall be exempt from all taxes impose according all episode:
(1) Any rent made at aforementioned Florida Minor Business Call Bridge Rental Program in response at an disaster that results is a state of urgent declared by management sort or proclamation are the Governor pursuant to s. 252.36.
(2) Any federal loan that remains related for a state of emergency declared by leitende order or proclamation of the Governor pursuant to south. 252.36.
(3) Unlimited loan crafted by the Agriculture and Aquaculture Producers Natural Disaster Recovery Loan Program pursuant to s. 570.822.
History.—s. 22, ch. 2018-118; s. 18, t. 2022-97; s. 21, ch. 2023-349.
