HomeMy WebLinkAboutBack-Up from Law DeptThe 2017 Florida Statutes
Title XIV
TAXATION AND FINANCE
Chapter 201
EXCISE TAX ON DOCUMENTS
CHAPTER 201
EXCISE TAX ON DOCUMENTS
201.01 Documents taxable, generally.
201.02 Tax on deeds and other instruments relating to real property or interests in real property.
201.0201 Interpretation of s. 201.02.
201.0205 Counties that have implemented ch. 83-220; inapplicability of 10-cent tax increase by s.
2, ch. 92-317, Laws of Florida.
201.031 Discretionary surtax; administration and collection; Housing Assistance Loan Trust Fund;
reporting requirements.
201.07 Tax on bonds, debentures, and certificates of indebtedness.
201.08 Tax on promissory or nonnegotiable notes, written obligations to pay money, or
assignments of wages or other compensation; exception.
201.09 Renewal of existing 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 Revenue to furnish stamps for tax for specified period.
201.132 Exceptions to use of stamps on recorded documents; county comptrollers and clerks of
the circuit court.
201.133 Payment of tax on documents not to be recorded; certificates of registration.
201.14 Cancellation of stamps when used.
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 to pay tax required.
201.18 Penalties for illegal use of stamps.
201.20 Penalties for illegally avoiding tax on notes.
201.21 Notes and other written obligations exempt under certain conditions.
201.22 Financing statements under chapter 679 of the Uniform Commercial Code.
201.23 Foreign notes and other written obligations exempt.
201.24 Obligations of municipalities, political subdivisions, and agencies of the state.
201.01 Documents taxable, generally. —There shall be levied, collected, and paid the taxes
specified in this chapter, for and in respect to the several documents, bonds, debentures or
certificates of stock and indebtedness, and other documents, instruments, matters, writings, and
things described in the following sections, or for or in respect of the vellum, parchment, paper, or
any other medium whether tangible, electronic, or otherwise, upon which such document,
instrument, matter, writing, or thing, or any of them, is written, printed, or created electronically
or otherwise, by any person who makes, signs, executes, issues, sells, removes, consigns, assigns,
records, or ships the same, or for whose benefit or use the same are made, signed, executed,
issued, sold, removed, consigned, assigned, recorded, or shipped in the state. Unless exempt under
s. 201.24 or under any state or federal law, if the United States, the state, or any political
subdivision of the state is a party to a document taxable under this chapter, any tax specified in
this chapter shall be paid by a nonexempt party to the document. The documentary stamp taxes
shall be paid on all recordable instruments requiring documentary stamp tax according to law,
prior to recordation. With respect to mortgages or trust deeds which do not incorporate the
certificate of indebtedness, a notation shall be made on the note or certificate that the tax has
been paid on the mortgage or trust deed.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 61-278; s. 1, ch. 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 to real property or interests in real
property.—
(1)(a) 0n deeds, instruments, or writings whereby any lands, tenements, or other real property,
or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or
vested in, the purchaser or any other person by his or her direction, on each $100 of the
consideration therefor the tax shall be 70 cents. When the full amount of the consideration for the
execution, assignment, transfer, or conveyance is not shown in the face of such deed, instrument,
document, or writing, the tax shall be at the rate of 70 cents for each $100 or fractional part
thereof of the consideration therefor. For purposes of this section, consideration includes, but is
not limited to, the money paid or agreed to be paid; the discharge of an obligation; and the
amount of any mortgage, purchase 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 or any interest therein includes property other than money, it is presumed that the
consideration is equal to the fair market value of the real property or interest therein.
(b)1. For purposes of this paragraph the term:
a. "Conduit entity" means a legal entity to which real property is conveyed without full
consideration by a grantor who owns a direct or indirect interest in the entity, or a successor
entity.
b. "Full consideration" means the consideration that would be paid in an arm's length
transaction between unrelated parties.
2. When real property is conveyed to a conduit entity and all or a portion of the grantor's direct
or indirect ownership interest in the conduit entity is subsequently transferred for consideration
within 3 years of such conveyance, tax is imposed on each such transfer of an interest in the
conduit entity for consideration at the rate of 70 cents for each $100 or fraction thereof of the
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 the conduit entity, the tax shall be prorated based on the percentage
the value of such real property represents of the total value of all assets owned by the conduit
entity.
4. A gift of an ownership interest in a conduit entity is not subject to tax to the extent there is
no consideration. The transfer of shares or similar equity interests in a conduit entity which are
dealt in or traded on public, regulated security exchanges or markets is not subject to tax under
this paragraph.
5. The transfer for purposes of estate planning by a natural person of an interest in a conduit
entity to an irrevocable grantor trust as described in subpart E of part I of subchapter J of chapter
1 of subtitle A of the United States Internal Revenue Code is not subject to tax under this
paragraph.
6. The purpose of this paragraph is to impose the documentary stamp tax on the transfer for
consideration of a beneficial interest in real property. The provisions of this paragraph are to be
construed liberally to effectuate this purpose.
(c) Conversion or merger of a trust that is not a legal entity that owns real property in this state
into a legal entity shall be treated as a conveyance of the real property for the purposes of this
section.
(d) Taxes imposed by this subsection shall be paid pursuant to s. 201.133 when no document is
recorded. If a document is recorded, taxes imposed by the paragraph shall be paid as required for
all other taxable documents that are recorded.
(2) The tax imposed by subsection (1) shall also be payable upon documents by which the right
is granted to a tenant -stockholder to occupy an apartment in a building owned by a cooperative
apartment corporation or in a dwelling on real property owned by any other form of cooperative
association as defined in s. 719.103.
(3) The tax imposed by subsection (2) shall be paid by the purchaser, and the document
recorded in the office of the clerk of the circuit court as evidence of ownership.
(4) The tax imposed by subsection (1) shall also be payable upon documents which convey or
transfer, pursuant to s. 689.071, any beneficial interest in lands, tenements, or other real
property, or any interest therein, even though such interest may be designated as personal
property, notwithstanding the provisions of s. 689.071(6). The tax shall be paid upon execution of
any such document.
(5) All conveyances of real property to a partner from a partnership which property was
conveyed to the partnership after July 1, 1986, are taxable if:
(a) The partner receiving the real property from the partnership is a partner other than the
partner who conveyed the real property to the partnership; or
(b) The partner receiving the real property from the partnership is the partner who conveyed
the real property to the partnership and there is a mortgage debt or other debt secured by such
real property for which the partner was not personally liable prior to conveying the real property to
the partnership.
For purposes of this subsection, the value of the consideration paid for the conveyance of the real
property to the partner from the partnership includes, but is not limited to, the amount of any
outstanding mortgage debt or other debt which the partner pays or agrees to pay in exchange for
the real property, regardless of whether the partner was personally liable for the debts of the
partnership prior to the conveyance to the partner from the partnership.
(6) Taxes imposed by this section shall not apply to any assignment, transfer, or other
disposition, or any document, which arises out of a transfer of real property from a nonprofit
organization to the Board of Trustees of the Internal Improvement Trust Fund, to any state agency,
to any water management district, or to any local government. For purposes of this subsection,
"nonprofit organization" means an organization whose purpose is the preservation of natural
resources and which is exempt from federal income tax under s. 501(c)(3) of the Internal Revenue
Code. The Department of Revenue shall provide a form, or a place on an existing form, for the
nonprofit organization to indicate its exempt status.
(7) Taxes imposed by this section do not apply to a deed, transfer, or conveyance between
spouses or former spouses pursuant to an action for dissolution of their marriage wherein the real
property is or was their marital home or an interest therein. Taxes paid pursuant to this section
shall be refunded in those cases in which a deed, transfer, or conveyance occurred 1 year before a
dissolution of marriage. This subsection applies in spite of any consideration as defined in
subsection (1). This subsection does not apply to a deed, transfer, or conveyance executed before
July 1, 1997.
(8) Taxes imposed by this section do not apply to a contract to sell the residence of an
employee relocating at his or her employer's direction or to documents related to the contract,
which contract is between the employee and the employer or between the employee and a person
in the business of providing employee relocation services. In the case of such transactions, taxes
apply only to the transfer of the real property comprising the residence by deed that vests legal
title in a named grantee.
(9) A certificate of title issued by the clerk of court under s. 45.031(5) in a judicial sale of real
property under an order or final judgment issued pursuant to a 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 the highest and best bid received for the property at the foreclosure sale. This
subsection is intended to clarify existing law and shall be applied retroactively.
(10)(a) In recognition of the special escrow requirements that apply to sales of timeshare
interests in timeshare plans pursuant to s. 721.08, tax on deeds or other instruments conveying any
interest in Florida real property which are executed in conjunction with the sale by a developer of
a timeshare interest in a timeshare plan is due and payable on the earlier of the date on which:
1. The deed or other instrument conveying the interest in Florida real property is recorded; or
2. All of the conditions precedent to the release of the purchaser's escrowed funds or other
property pursuant to s. 721.08(2)(c) have been met, regardless of whether the developer has
posted an alternative assurance. Tax due pursuant to this subparagraph is due and payable on or
before the 20th day of the month following 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
other instrument conveying the interest in Florida real property with respect to which the tax was
paid is subsequently recorded, a notation reflecting the prior payment of the tax must be made
upon the deed or other instrument conveying the interest in Florida real property.
2. Notwithstanding paragraph (a), if funds are designated on a closing statement as tax
collected from the purchaser, but a default or cancellation occurs pursuant to s. 721.08(2)(a) or (b)
and no deed or other instrument conveying interest in Florida real property has been recorded or
delivered to the purchaser, the tax must be paid to the department on or before the 20th day of
the month following the month in which the funds are available for release from escrow unless the
funds have been refunded to the purchaser.
(c) The department may adopt rules to administer the method for reporting tax due under this
subsection.
(11) The taxable consideration for a short sale transfer does not include unpaid indebtedness
that is forgiven or released by a mortgagee holding a 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:
1(a) The grantor's interest is encumbered by a mortgage or mortgages securing indebtedness in
an aggregate amount greater than the consideration paid or given by the grantee.
1(b) A mortgagee releases the real property from its mortgage in exchange for a payment of less
than the total of the outstanding mortgage indebtedness owed to the releasing mortgagee.
(c) The releasing mortgagee does not receive, directly or indirectly, any interest in the
property transferred.
(d) The releasing mortgagee is not controlled by or related to the grantor or the grantee.
History.-s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 57-397; s. 1, ch. 63-533; s. 1, ch. 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; s. 1, ch. 92-288; s. 2, ch. 92-317; s. 1049, ch. 95-147; s. 2, ch. 97-191; s. 1, ch.
2002-8; s. 8, ch. 2002-218; s. 4, ch. 2005-280; s. 8, ch. 2006-175; s. 2, ch. 2006-274; s. 4, ch. 2009-131; s. 1, ch.
2010-32; s. 3, ch. 2010-138.
1Note.-As created by s. 3, ch. 2010-138. For a description of multiple acts in the same session affecting a
statutory provision, see preface to the Florida Statutes, "Statutory Construction." Paragraphs (a) and (b) were also
created by s. 1, ch. 2010-32, and that version reads:
(a) The grantor's interest is encumbered by a mortgage or mortgages securing indebtedness in an aggregate
amount greater than the purchase price paid by the grantee.
(b) A mortgagee releases the real property from its mortgage in exchange for a partial payment of less than the
total of the outstanding mortgage indebtedness owed to the releasing mortgagee.
201.0201 Interpretation of s. 201.02.-
(1) The Legislature finds that the Florida Supreme Court opinion in Crescent Miami Center, LLC
v. Florida Department of Revenue, 903 So. 2d 913 (Fla. 2005), interprets s. 201.02 in a manner
that permits tax avoidance inconsistent with the intent of the Legislature at the time the statute
was amended in 1990.
(2) The Legislature finds that the opinion of the District Court of Appeal for the Third District of
Florida in Crescent Miami Center, LLC v. Florida Department of Revenue, 857 So. 2d 904 (Fla. 3d
D.C.A. 2003), interprets s. 201.02 in a manner that prevents tax avoidance consistent with the
intent of the Legislature at the time the statute was amended in 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 no consideration exists
when owners of real property unencumbered by a mortgage convey an interest in such property to
an artificial entity whose ownership is identical to the ownership of the real property before
conveyance. The Legislature expressly rejects any application of the court's interpretation where
the facts are not comparable to the facts in Crescent. However, because the Supreme Court's
interpretation, combined with other settled law regarding the application of s. 201.02, allows for
the tax-free transfer of ownership interests in real property from one owner to another through the
use of artificial entities, it is the Legislature's intent by this act to impose the documentary stamp
tax when the beneficial ownership of real property is transferred to a new owner or owners by the
use of techniques that apply the Supreme Court's decision in Crescent in combination with
transfers of ownership of, or distributions from, artificial entities.
History.—s. 3, ch. 2009-131.
201.0205 Counties that have implemented ch. 83-220; inapplicability of 10-cent tax
increase by s. 2, ch. 92-317, Laws of Florida. —The 10-cent tax increase in the documentary
stamp tax levied by s. 2, chapter 92-317, does not apply 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, as amended by chapters 84-270, 86-152, and 89-252, Laws of Florida. Each
such county and each eligible jurisdiction within such county may not participate in programs
funded pursuant to s. 201.15(4)(c). However, each such county and each eligible jurisdiction within
such county may participate in programs funded pursuant to s. 201.15(4)(d).
History.—s. 34, ch. 92-317; s. 15, ch. 2007-5; s. 8, ch. 2015-229.
'201.031 Discretionary surtax; administration and collection; Housing Assistance Loan Trust
Fund; reporting requirements.—
(1) Each county, as defined by s. 125.011(1), may levy, subject to the provisions of s. 125.0167,
a discretionary surtax on documents taxable under the provisions of s. 201.02, except that there
shall be no surtax on any document pursuant 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 held through stock ownership or membership representing a proprietary
interest in a corporation owning a fee or a leasehold initially in excess of 98 years, or a detached
dwelling.
(2) All provisions of chapter 201, except s. 201.15, apply to the surtax. The Department of
Revenue shall pay to the governing authority of the county which levies the surtax all taxes,
penalties, and interest collected under this section less any costs of administration.
(3) Each county that levies the surtax shall:
(a) Include in the financial report required under s. 218.32 information showing the revenues
and the expenses of the trust fund for the fiscal year.
(b) Adopt a housing plan every 3 years which includes provisions substantially similar to the
plans required in s. 420.9075(1).
(c) Have adopted an affordable housing element of its comprehensive land use plan which
complies with s. 163.3177(6)(f).
(d) Require by resolution that the staff or entity that has administrative authority for
implementing the housing plan prepare and submit to the county's governing body an annual report
substantially similar to the annual report required in s. 420.9075(10).
History.—ss. 2, 3, ch. 83-220; s. 1, ch. 84-270; s. 1, ch. 89-252; ss. 1, 7, ch. 2009-131.
1Note.—Repealed effective October 1, 2031, by s. 3, ch. 83-220, as amended by s. 1, ch. 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 indebtedness issued in the state by any person, and all instruments
and documents, however termed, issued by any corporation with interest coupons or in registered
form, on each $100 of the face value or fraction thereof, the tax shall be 35 cents; provided,
however, that only that part of the value of the bonds, debentures, or certificates of indebtedness
issued by any such person, the property of which is located within the state shall bear to the whole
value of the property described in said instrument or obligation shall be taxed hereunder.
History.—s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 4, ch. 63-533; s. 9, ch. 90-132; s. 6, ch. 92-317.
201.08 Tax on promissory or nonnegotiable notes, written obligations to pay money, or
assignments of wages or other compensation; exception.—
(1)(a) On promissory notes, nonnegotiable notes, written obligations to pay money, or
assignments of salaries, wages, or other compensation made, executed, delivered, sold,
transferred, or assigned in the state, and for each renewal of the same, the tax shall be 35 cents
on each $100 or fraction thereof of the indebtedness or obligation evidenced thereby. The tax on
any document described in this paragraph ?may not exceed $2,450.
(b) On mortgages, trust deeds, security agreements, or other evidences of indebtedness filed or
recorded in this state, and for each renewal of the same, the tax shall be 35 cents on each $100 or
fraction thereof of the indebtedness or obligation evidenced thereby. Mortgages, including, but not
limited to, mortgages executed without the state and recorded in the state, which incorporate the
certificate of indebtedness, not otherwise shown in separate instruments, are subject to the same
tax at the same rate. When there is both a mortgage, trust deed, or security agreement and a
note, certificate of indebtedness, or obligation, the tax shall be paid on the mortgage, trust deed,
or security agreement at the time of recordation. A notation shall be made on the note, certificate
of indebtedness, or obligation that the tax has been paid on the mortgage, trust deed, or security
agreement. If a mortgage, trust deed, security agreement, or other evidence of indebtedness is
subsequently filed or recorded in this state to evidence an indebtedness or obligation upon which
tax was paid under paragraph (a) or ?subsection (2), tax shall be paid on the mortgage, trust deed,
security agreement, or other evidence of indebtedness on the amount of the indebtedness or
obligation evidenced which exceeds the aggregate amount upon which tax was previously paid
under this paragraph and under paragraph (a) or ?subsection (2). If the mortgage, trust deed,
security agreement, or other evidence of indebtedness subject to the tax levied by this section
secures future advances, as provided in s. 697.04, the tax shall be paid at the time of recordation
on the initial debt or obligation secured, excluding future advances; at the time and so often as
any future advance is made, the tax shall be paid on all sums then advanced regardless of where
such advance is made. Notwithstanding the aforestated general rule, any increase in the amount of
original indebtedness caused by interest accruing under an adjustable rate note or mortgage having
an initial interest rate adjustment interval of not less than 6 months shall be taxable as a future
advance only to the extent such increase is a computable sum certain when the document is
executed. Failure to pay the tax shall not affect the lien for any such future advance given by s.
697.04, but any person who fails or refuses to pay such tax due by him or her is guilty of a
misdemeanor of the first degree. The mortgage, trust deed, or other instrument shall not be
enforceable in any court of this state as to any such advance unless and until the tax due thereon
upon each advance that may have been made thereunder has been paid.
(2)(a) On promissory notes, nonnegotiable notes, written obligations to pay money, or other
compensation, made, executed, delivered, sold, transferred, or assigned in the state, in
connection with sales made under retail charge account services, incident to sales which are not
conditional in character and which are not secured by mortgage or other pledge of purchaser, the
tax shall be 35 cents on each $100 or fraction thereof of the gross amount of the indebtedness
evidenced by such instruments, payable quarterly on such forms and under such rules and
regulations as may be promulgated by the Department of Revenue. The tax on any document
described in this paragraph ?may not exceed $2,450.
(b) Any receipt, charge slip, or other record of a transaction effected with the use of a credit
card, charge card, or debit card shall be exempt from the tax imposed by this section.
(3) No tax shall be required on promissory notes executed for students to receive financial aid
from federal or state educational assistance programs, from loans guaranteed by the Federal
Government or the state when federal regulations prohibit the assessment of such taxes against the
borrower, or for any financial aid program administered by a state university or community college,
and the holders of such promissory notes shall not lose any rights incident to the payment of such
tax.
(4) Notwithstanding paragraph (1)(b), a supplement or an amendment to a mortgage, deed of
trust, indenture, or security agreement, which supplement or amendment is filed or recorded in
this state in connection with a new issue of bonds, shall be subject to the tax imposed by
paragraph (1)(b) only to the extent of the aggregate amount of the new issue of bonds or other
evidence of indebtedness and not to the extent of the aggregate amount of bonds or other
evidence of indebtedness previously issued under the instrument being supplemented or amended.
In order to qualify for the tax treatment provided for in this subsection, the document which
evidences the increase in indebtedness must show the official records book and page number in
which, and the county in which, the original obligation and any prior increase in that obligation
were recorded.
(5) For purposes of this section, a renewal shall only include modifications of an original
document which change the terms of the indebtedness evidenced by the original document by
adding one or more obligors, increasing the principal balance, or changing the interest rate,
maturity date, or payment terms. Modifications to documents which do not modify the terms of the
indebtedness evidenced such as those given or recorded to correct error; modify covenants,
conditions, or terms unrelated to the debt; sever a lien into separate liens; provide for additional,
substitute, or further security for the indebtedness; consolidate indebtedness or collateral; add,
change, or delete guarantors; or which substitute a new mortgagee or payee are not renewals and
are not subject to tax pursuant to this section. If the taxable amount of a mortgage is limited by
language contained in the mortgage or by the application of rules limiting the tax base when there
is collateral in more than one state, then a modification which changes such limitation or tax base
shall be taxable only to the extent of any increase in the limitation or tax base attributable to such
modification. This subsection 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 shall be determined solely from the face
of the document and any separate document expressly incorporated into the document. Taxability
of a document pursuant to this section shall not be determined by reference to any separate
document referenced or forming part of the same contract or obligation unless the separate
document is expressly incorporated into the document. When multiple documents evidence,
secure, or form part of the same primary debt, tax pursuant to this section shall not be imposed
more than once, on the total indebtedness evidenced, notwithstanding the existence of multiple
documents.
(7) A mortgage, trust deed, or security agreement filed or recorded in this state which is given
by a taxpayer different than or in addition to the taxpayer obligated upon the primary note,
certificate of indebtedness, or obligation, or which is given to secure a guaranty or surety of a
primary note, certificate of indebtedness, or obligation, shall for purposes of this section be
deemed to evidence and secure the primary note, certificate of indebtedness, or obligation, not a
separate obligation, and to the extent that tax is paid on any document evidencing or securing the
primary note, certificate of indebtedness, or obligation, such tax shall be paid once,
notwithstanding that more than one mortgage, trust deed, or security agreement is recorded with
respect to such note, certificate of indebtedness, or obligation.
(8)(a) In recognition of the special escrow requirements that apply to sales of timeshare
interests in timeshare plans pursuant 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 a timeshare interest in a timeshare plan is due and payable on the earlier of the date on which:
1. The note, other written obligation, mortgage, or other evidence of indebtedness is recorded
or filed in this state; or
2. All of the conditions precedent to the release of the purchaser's escrowed funds or other
property pursuant to s. 721.08(2)(c) have been met, regardless of whether the developer has
posted an alternative assurance. Tax due under this subparagraph is due and payable on or before
the 20th day of the month following 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 note,
other written obligation, mortgage, or other evidence of indebtedness with respect to which the
tax was paid is subsequently recorded or filed in this state, a notation reflecting the prior payment
of the tax must be made upon the note, other written obligation, mortgage, or other evidence of
indebtedness recorded or filed in this state.
2. Notwithstanding paragraph (a), if funds are designated on a closing statement as tax
collected from the purchaser, but the note, other written obligation, mortgage, or other evidence
of indebtedness with respect to which the tax was collected has not been recorded or filed in this
state, the tax shall be paid to the department on or before the 20th day of the month following the
month in which the funds are available for release from escrow, unless the funds have been
refunded to the purchaser.
(c) The department may adopt rules to administer the method for reporting tax due under this
subsection.
History.-s. 1, ch. 15787, 1931; CGL 1936 Supp. 1279(111); s. 1, ch. 28216, 1953; ss. 1, 2, ch. 61-277; s. 5, ch. 63-
533; ss. 21, 35, ch. 69-106; s. 2, ch. 77-57; s. 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, ch. 83-207; s. 8, ch. 83-267; s. 7, ch. 83-311; s. 28, ch. 85-80; s. 13, ch. 85-196;
s. 10, ch. 90-132; s. 7, ch. 92-317; s. 1, ch. 96-245; s. 8, ch. 96-395; s. 2, ch. 97-123; s. 1, ch. 2002-26; s. 9, ch.
2002-218; s. 5, ch. 2005-280.
1Note.-As amended by s. 1, ch. 2002-26. The amendment by s. 9, ch. 2002-218, substitutes the word "shall" for
the word "may."
2Note.-As amended by s. 1, ch. 2002-26. The amendment by s. 9, ch. 2002-218, cites to paragraph (2)(a).
201.09 Renewal of existing promissory notes and mortgages; exemption.-
(1) When any promissory note is given in renewal of any existing promissory note, which
renewal note only extends or continues the identical contractual obligations of the original
promissory note and evidences part or all of the original indebtedness evidenced thereby, not
including any accumulated interest thereon and without enlargement in any way of the original
contract and obligation, such renewal note shall not be subject to taxation under this chapter if
such renewal note has attached to it the original 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 and extend only the unpaid balance of the original contract and obligation. In
order to be exempt from taxation under this section, a renewal note evidencing a revolving
obligation shall not be executed by any person other than the original obligor and must renew and
extend no more than the original face amount of the original contract and obligation. A renewal
note evidencing a term obligation which increases the unpaid balance of the original contract and
obligation but which otherwise meets the exemption criteria of this section is taxable only on the
face amount of the increase. A renewal note evidencing a revolving obligation which increases the
original face amount of the original contract and obligation but which otherwise meets 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 not be subject to taxation pursuant to subsection (1),
then such mortgage, trust deed, security agreement, or other evidence of indebtedness shall not
be subject to taxation under this chapter.
(3) A note given in renewal of an adjustable rate note or mortgage which has an initial interest
rate adjustment interval of not less than 6 months shall be subject to taxation only to the extent of
any accrued interest upon which taxes have not previously been paid, notwithstanding the
provisions contained in subsection (1).
History.—s. 1, ch. 19068, 1939; CGL 1940 Supp. 1279(118); s. 7, ch. 79-350; s. 8, ch. 82-83; s. 9, ch. 83-267; s. 8,
ch. 83-311; s. 11, ch. 90-132; s. 9, ch. 96-395; s. 3, ch. 97-123; s. 1, ch. 98-187.
201.091 Correction of prior error. —If the 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 the
original contract and obligation or the original primary debt or mortgage, then payment of the tax
deficiency plus interest at the current statutory rate and 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 original mortgage, on any subsequent mortgage
modification, or in such other manner as may be set forth in rules promulgated by the Department
of Revenue. 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.
History.—s. 4, ch. 97-123.
201.10 Certificates of deposit issued by banks exempt. —All certificates of deposit issued by
any bank, banking association, or trust company are exempt from the requirement for an excise tax
imposed by this chapter.
History.—s. 2, ch. 19068, 1939; CGL 1940 Supp. 1279(119).
201.11 Administration of law by Department of Revenue.—
(1) The administration of this chapter shall be vested in the Department of Revenue, which has
authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to enforce the provisions of this
chapter and shall administer and enforce the taxes levied and imposed by this chapter. The
Department of Revenue may enter upon the premises of any taxpayer, and examine or cause to be
examined by any agent or representative designated by it for that purpose, any books, papers,
records, or memoranda bearing upon the amount of taxes payable, and secure other information
directly or indirectly concerned in the enforcement of this chapter. Any person, subject to this tax,
who shall by any practice or evasion make it difficult to enforce the provisions of this chapter by
inspection, or any person, agent or officer, who shall, after demand by the department or any
agent or representative designated by it for that purpose, refuse to allow full inspection of the
premises or any part thereof, or any books, records, documents, or other instruments in any way
relating to the liability of the taxpayer for the tax herein imposed, or shall hinder or in anywise
delay or prevent such inspection, shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(2) The county comptroller or, if there be none, then the clerk of the circuit court, shall serve
ex officio, and the Department of Revenue may appoint others, as agents for the collection of the
tax imposed by this chapter. The department may adopt rules and regulations requiring the agents
to meet certain standards, including, without limitation, a demonstrated volume of business or a
geographical distribution. All agents shall be subject to audit and shall post a bond as may be
required by the Department of Revenue. The Department of Revenue may purchase a blanket
bond; however, all costs associated with such a bond shall be allocated by department regulation
to those agents so bonded. An agent shall be compensated 0.5 percent of the tax collected as
collection costs in the form of a deduction from the amount of the tax due and remitted by the
agent, and the department shall allow the said deduction to the agent paying and remitting the tax
in the manner as provided for by the department. However, no deduction or allowance shall be
granted when there is 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; s. 1, ch. 76-199; s. 1050, ch. 95-147; s. 10, ch. 96-395; s. 16, ch. 98-200.
201.12 Duties of clerks of the circuit court. —Clerks of the circuit court shall report to the
Department of Revenue the names and addresses of any and all individuals, firms, or corporations,
who shall fail to have affixed either the required amount of stamps or a notation that the proper
stamps and the amount of same have been paid or will be paid directly to the department on any
conveyance or taxable instrument or document which may be recorded in their respective offices;
and any such clerk who knowingly fails to report any such violation within 30 days after recording
of any taxable instrument or document, without such stamps or notation, shall be deemed guilty of
a misdemeanor and upon conviction punished accordingly.
History.—s. 2, ch. 15787, 1931; CGL 1936 Supp. 1279(113), 7473(6); ss. 21, 35, ch. 69-106; s. 3, ch. 81-14; s. 11,
ch. 96-395.
201.13 Department of Revenue to furnish stamps for tax for specified period. —Except as
otherwise provided in ss. 201.132 and 201.133, through March 31, 1997, the Department of
Revenue shall cause to be prepared and distributed for the payment of the taxes prescribed in this
chapter suitable stamps denoting the tax on the documents to which same are required to be
affixed and shall prescribe such method for the affixing of the stamps as shall be necessary to carry
out and comply with the intent and purpose of this chapter. Persons holding documentary stamps
after March 31, 1997, may continue to use those stamps to pay the tax.
History.—s. 3, ch. 15787, 1931; CGL 1936 Supp. 1279(114); ss. 21, 35, ch. 69-106; s. 4, ch. 81-14; s. 12, ch. 96-
395.
201.132 Exceptions to use of stamps on recorded documents; county comptrollers and
clerks of the circuit court.—
(1) The county comptroller or, if there be none, the clerk of the circuit court of each county
may collect the tax imposed by this chapter without affixing stamps to the document to be
recorded under the following conditions:
(a) A notation shall be placed on the document to be recorded showing the amount of tax paid
and the county where payment is being made, and the notation shall be signed by, initialed, or
otherwise stamped with the name or initials of the county comptroller or clerk of the circuit court,
or designated agent thereof.
(b) All stamp taxes collected on recorded documents during the preceding week, less the
collection allowance provided in s. 201.11(2), shall be transmitted to the department no later than
7 working days after the end of the week in which the taxes were collected. A report certifying the
amount of tax payable shall be submitted with the remittance. Report forms shall be furnished by
the department.
(c) A register approved by the department shall be maintained listing all recorded documents
according to the clerk's filing number assigned to each such document.
(2) A county comptroller or clerk of the circuit court who elects to use the procedure
authorized by this section shall be subject to audit and shall make all records available for ready
inspection by the department and shall post a bond at his or her own expense as may be required
by the department.
(3) The authority provided by this section applies only to tax collected on documents to be
recorded.
History.—s. 1, ch. 81-14; s. 63, ch. 83-217; s. 8, ch. 87-102; s. 1051, ch. 95-147; s. 2, ch. 2002-8.
201.133 Payment of tax on documents not to be recorded; certificates of registration.—
(1) Except as provided in s. 201.132, any person who has averaged or will average at least 5
taxable transactions per month shall register with the department 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 with the
department for each business location. The application shall include the name and address of the
applicant together with such other information as the department may require.
(3) The department shall issue certificates of registration to qualified applicants who are
required to register under this section.
(4) Any person described in subsection (1) who is required to register and remit tax imposed by
this chapter shall file a report with the department not later than the 20th day of each month
certifying the amount of tax payable for the preceding month, and a remittance shall be submitted
with the report to cover the amount of tax payable for the preceding month. Any person who fails
to timely report and pay any tax as required under this section shall be subject to penalties and
interest imposed by this chapter. Report forms shall be furnished by the department.
(5) All persons described in subsection (1) shall be subject to audit and shall make their records
available for ready inspection by the department and shall post a bond at their own expense as
may be required by the department.
(6) Persons described in subsection (1) shall keep a journal, or other account book or record of
original entry, showing a listing of all documents executed and delivered. The journal shall show a
daily listing of such documents unless another time period is required by the department. The
journal shall show every transaction and the amount, whether the transaction is taxable or not. In
the case of taxable transactions, the journal shall show the amount of tax payable with respect to
each transaction. In the case of nontaxable transactions, the journal shall disclose the basis on
which the exemption from tax is claimed. Such records shall be kept in permanent form and
retained indefinitely in the files subject to verification by the representative of the department.
The following notation or similar language along with the certificate of registration number shall be
made on each individual document requiring tax: "Florida documentary stamp tax required by law
in the amount of $ has been paid or will be paid directly to the Department of Revenue.
Certificate of Registration # ."
(7) Except as provided in s. 201.132, any person engaged in an average of less than 5 taxable
transactions per month is required to remit tax imposed by this chapter to the department not
later than the 20th day of the month for tax due for the preceding month for documents not to be
recorded. Any person who fails to timely report and pay any tax as required under this subsection
shall be subject to penalties and interest imposed by this chapter. Report forms shall be furnished
by the department.
(8) Notwithstanding any other provision of this chapter, the department may require:
(a) A quarterly return and payment when the tax remitted for the preceding four calendar
quarters did not exceed $1,000.
(b) A semiannual return and payment when the tax remitted for the preceding four calendar
quarters did not exceed $500.
(c) An annual return and payment when the tax remitted for the preceding four calendar
quarters did not exceed $100.
History.—s. 2, ch. 81-14; s. 14, ch. 96-395.
201.14 Cancellation of stamps when used. —Whenever an adhesive stamp is used for denoting
any tax imposed by this chapter on documents, the person using or affixing the same shall write or
stamp or cause to be written or stamped thereon, the initials of his, her, or its name, and the date
upon which same is attached or used, so that the same may not again be used. Stamps shall be
affixed in such manner that their removal will require continued application of steam or water;
provided, that the Department of Revenue may prescribe such other method for the cancellation of
such stamps as it may deem expedient.
History.—s. 5, ch. 15787, 1931; CGL 1936 Supp. 1279(116); ss. 21, 35, ch. 69-106; s. 1052, ch. 95-147.
201.15 Distribution of taxes collected. —All taxes collected under this chapter are hereby
pledged and shall be first made available to make payments when due on bonds issued pursuant to
s. 215.618 or s. 215.619, or any other bonds authorized to be issued on a parity basis with such
bonds. Such pledge and availability 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 taxes collected under this chapter, except taxes distributed to the Land Acquisition
Trust Fund pursuant to subsections (1) and (2), are subject to the service charge imposed in s.
215.20(1). Before distribution pursuant to this section, the Department of Revenue shall deduct
amounts necessary to pay the costs of the collection and enforcement of the tax levied by this
chapter. The costs and service charge may not be levied against any portion of taxes pledged to
debt service on bonds to the extent that the costs and service charge are required to pay any
amounts relating to the bonds. All of the costs of the collection and enforcement of the tax levied
by this chapter and the service charge shall be available and transferred to the extent necessary to
pay debt service and any other amounts payable with respect to bonds authorized before January
1, 2017, secured by revenues distributed pursuant to this section. All taxes remaining after
deduction of costs 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 with such bonds shall be deposited into the Land Acquisition Trust Fund.
(2) If the amounts deposited pursuant to subsection (1) are less than 33 percent of all taxes
collected after first deducting the costs of collection, an amount equal to 33 percent of all taxes
collected after first deducting the costs of collection, minus the amounts deposited pursuant to
subsection (1), shall be deposited into the Land Acquisition Trust Fund.
(3) Amounts on deposit in the Land Acquisition Trust Fund shall be used in the following order:
(a) Payment of debt service or funding of debt service reserve funds, rebate obligations, or
other amounts payable with respect to Florida Forever bonds issued pursuant to s. 215.618. The
amount used for such purposes may not exceed $300 million in each fiscal year. It is the intent of
the Legislature that all bonds issued to fund the Florida Forever Act be retired by December 31,
2040. Except for bonds issued to refund previously issued bonds, no series of bonds may be issued
pursuant to this paragraph unless such bonds are approved and the debt service for the remainder
of the fiscal year in which the bonds are issued is specifically appropriated in the General
Appropriations Act or other law with respect to bonds issued for the purposes of s. 373.4598.
(b) Payment of debt service or funding of debt service reserve funds, rebate obligations, or
other amounts due with respect to Everglades restoration bonds issued pursuant to s. 215.619.
Taxes distributed under paragraph (a) and this paragraph must be collectively distributed on a pro
rata basis when the available moneys under this subsection are not sufficient to cover the amounts
required under paragraph (a) and this paragraph.
Bonds issued pursuant to s. 215.618 or s. 215.619 are equally and ratably secured by moneys
distributable to the Land Acquisition Trust Fund.
(4) After the required distributions to the Land Acquisition Trust Fund pursuant to subsections
(1) and (2) and deduction of the service charge imposed pursuant to s. 215.20(1), the remainder
shall be distributed as follows:
(a) The lesser of 24.18442 percent of the remainder or $541.75 million in each fiscal year shall
be paid into the State Treasury to the credit of the State Transportation Trust Fund. Of such funds,
$75 million for each fiscal year shall be transferred to the General Revenue Fund. Notwithstanding
any other law, the remaining amount credited to the State Transportation Trust Fund shall be used
for:
1. Capital funding for the New Starts Transit Program, authorized by Title 49, U.S.C. s. 5309
and specified in s. 341.051, in the amount of 10 percent of the funds;
2. The Small County Outreach Program specified in s. 339.2818, in the amount of 10 percent of
the 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 after deduction of the payments required pursuant to
subparagraphs 1. and 2.; and
4. The Transportation Regional Incentive Program specified in s. 339.2819, in the amount of 25
percent of the funds after deduction of the payments required pursuant to subparagraphs 1. and 2.
The first $60 million of the funds allocated pursuant to 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 percent of the remainder or $3.25 million in each fiscal year shall be
paid into the State Treasury to the credit of the Grants and Donations Trust Fund in the
Department of Economic Opportunity to fund technical assistance to local governments.
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) Eleven and twenty-four hundredths percent of the remainder in each fiscal year shall be
paid into the State Treasury to the credit of the State Housing Trust Fund. Of such funds, the first
$35 million shall be transferred annually, subject to any distribution required under subsection (5),
to the State Economic Enhancement and Development Trust Fund within the Department of
Economic Opportunity. The remainder shall be used as follows:
1. Half of that amount shall be used for the purposes for which the State Housing Trust Fund
was created and exists by law.
2. Half of that amount shall be paid into the State Treasury to the credit of 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.
(d) Twelve and ninety-three hundredths percent of the remainder in each fiscal year shall be
paid into the State Treasury to the credit of the State Housing Trust Fund. Of such funds, the first
$40 million shall be transferred annually, subject to any distribution required under subsection (5),
to the State Economic Enhancement and Development Trust Fund within the Department of
Economic Opportunity. The remainder shall be used as follows:
1. Twelve and one-half percent of that amount shall be deposited into the State Housing Trust
Fund and expended by the Department of Economic Opportunity and the Florida Housing Finance
Corporation for the purposes for which the State Housing Trust Fund was created and exists by law.
2. Eighty-seven and one-half percent of that amount shall 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. 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 in each fiscal year shall be paid
into the State Treasury to the credit of the General Inspection Trust Fund to be used to fund oyster
management and restoration programs as provided in s. 379.362(3).
(5) Distributions to the State Housing Trust Fund pursuant to paragraphs (4)(c) and (d) must be
sufficient to cover amounts required to be transferred to the Florida Affordable Housing Guarantee
Program's annual debt service reserve and guarantee fund pursuant to s. 420.5092(6)(a) and (b) up
to the amount required to be transferred to such reserve and fund based on the percentage
distribution of documentary stamp tax revenues to the State Housing Trust Fund which is in effect
in the 2004-2005 fiscal year.
(6) After the distributions provided in the preceding subsections, any remaining taxes shall be
paid into the State Treasury to the credit of the General Revenue Fund.
History.-s. 6, ch. 15787, 1931; CGL 1936 Supp. 1279(117); s. 4, ch. 79-350; ss. 2, 4, ch. 81-33; s. 7, ch. 85-347;
s. 35, ch. 87-6; ss. 3, 4, ch. 87-96; s. 43, ch. 87-548; s. 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, ch. 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, ch. 2000-197; s. 5, ch. 2001-
279; s. 29, ch. 2002-1; s. 1, ch. 2002-261; s. 20, ch. 2003-394; s. 1, ch. 2005-92; s. 26, ch. 2005-290; ss. 21, 22, ch.
2006-1; ss. 1, 2, ch. 2006-185; ss. 1, 2, ch. 2006-231; s. 1, ch. 2007-60; ss. 42, 43, ch. 2007-73; s. 1, ch. 2007-335; s.
3, ch. 2008-114; s. 1, ch. 2008-229; s. 187, ch. 2008-247; s. 1, ch. 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.
201.16 Other laws made applicable to chapter. -All revenue laws relating to the assessment
and collection of taxes are hereby extended to and made a part of this chapter, so far as
applicable, for the purpose of collecting stamp taxes omitted through mistake or fraud from any
instrument, document, paper, or writing named herein.
History.-s. 3, ch. 15787, 1931; CGL 1936 Supp. 1279(115).
201.165 Credit for tax paid to other states.-
(1) For a tax imposed by any section of this chapter, a credit against the specific tax imposed
by that section is allowed in an amount equal to a like tax lawfully imposed and paid on the same
document or instrument in another state, territory of the United States, or the District of
Columbia. For purposes of this subsection, "like tax" means an excise tax on documents that is in
substance identical to the tax imposed by this chapter on the same document. The credit may not
exceed the tax imposed by this chapter on the document. Proof of entitlement to such a credit
must be provided to the department.
(2) The credit provided by this section applies retroactively. Notwithstanding the retroactivity
of this credit provision, this section does not reopen a closed period of nonclaim under s. 215.26 or
any other statute or extend the period of nonclaim under s. 215.26 or any other statute.
History.-s. 11, ch. 99-208; s. 10, ch. 2013-18.
201.17 Penalties for failure to pay tax required.-
(1) Whoever makes, signs, issues, or accepts, or causes to be made, signed, issued, or
accepted, any instrument, document, or paper of any kind or description whatsoever, without the
full amount of the tax herein imposed thereon being fully paid, or whoever makes use of any
adhesive stamp to denote any tax imposed by this chapter without canceling or obliterating such
stamps as herein provided, is guilty of a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
(2) If any document, instrument, or paper upon which the tax under this chapter is imposed,
upon audit or at time of recordation, does not show the proper amount of tax paid, or if the tax
imposed by this chapter on any document, instrument, or paper is not timely reported and paid as
required by s. 201.133, the person or persons liable for the tax upon the document, instrument, or
paper shall be subject to:
(a) Payment of the tax not paid.
(b) A specific penalty added to the tax in the amount of 10 percent of any unpaid tax 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 failure continues, not to exceed
a total penalty of 50 percent, in the aggregate, of any unpaid tax. In no event shall the penalty be
less than $10 for failure to timely file a tax return required. If it is determined by clear and
convincing evidence that any part of a deficiency is due to fraud, there shall be added to the tax as
a civil penalty, in lieu of the aforementioned penalty under this paragraph, an amount equal to 200
percent of the deficiency. These penalties are to be in addition to, and not in lieu of, any other
penalties imposed by law.
(c) Payment of interest to the Department of Revenue, accruing from the date the tax is due
until paid, at the rate of 1 percent per month, based on the amount of tax not paid.
(3) The department may settle 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, ch. 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;
s. 9, ch. 93-233; s. 15, ch. 96-395.
201.18 Penalties for illegal use of stamps.—
(1) Whoever fraudulently cuts, tears, or removes from any vellum, parchment, paper,
instrument, writing, or document, upon which any tax is imposed by this chapter, any adhesive
stamp used in pursuance of this chapter, or fraudulently uses, joins, fixes, or places to, with, or
upon any vellum, parchment, paper, instrument, writing, or document, upon which any tax is
imposed by this chapter:
(a) Any adhesive stamp which has been cut, torn, or removed from any other vellum,
parchment, paper, instrument, writing, or document, upon which any tax is imposed by this
chapter,
(b) Any adhesive stamp of insufficient value, or
(c) Any forged or counterfeited stamp; or
(2) Whoever willfully removes or alters the cancellation or defacing marks of, or otherwise
prepares, any adhesive stamp with intent to use or cause the same to be used after it has already
been used, or knowingly or willfully buys, sells, offers for sale, or gives away any such washed or
restored stamp to any person for use, or knowingly uses the same, or whoever knowingly and
without lawful excuse has in possession any washed, restored, or altered stamp which has been
removed from any vellum, parchment, paper, instrument, writing, or document; or
(3) Whoever knowingly or willfully prepares, buys, sells, offers for sale, or has in his, her, or its
possession any counterfeit stamps,
is guilty of a felony of the third degree, punishable as provided 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; s. 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 provisions of s.
201.09 to avoid the payment of any tax justly due is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 19068, 1939; CGL 1940 Supp. 7473(7a); s. 107, ch. 71-136; s. 4, ch. 71-344; s. 67, ch. 87-6; s.
40, ch. 87-101; s. 14, ch. 91-224.
201.21 Notes and other written obligations exempt under certain conditions. —There shall
be exempt from all excise taxes imposed by this chapter all promissory notes, nonnegotiable notes,
and other written obligations to pay money bearing date subsequent to July 1, 1955, hereinafter
referred to as "principal obligations," when the maker thereof shall pledge or deposit with the
payee or holder thereof pursuant to any agreement commonly known as a wholesale warehouse
mortgage agreement, as collateral security for the payment thereof, any collateral obligation or
obligations, as hereinafter defined, provided all excise taxes imposed by this chapter upon or in
respect to such collateral obligation or obligations shall have been paid. If the indebtedness
evidenced by any such principal obligation shall be in excess of the indebtedness evidenced by such
collateral obligation or obligations, the exemption provided by this section shall not apply to the
amount of such excess indebtedness; and, in such event, the excise taxes imposed by this chapter
shall apply and be paid only in respect to such excess of indebtedness of such principal obligation.
The term "collateral obligation" as used in this section means any note, bond, or other written
obligation to pay money secured by mortgage, deed of trust, or other lien upon real or personal
property. The pledging of a specific collateral obligation to secure a specific principal obligation, if
required under the terms of the agreement, shall not invalidate the exemption provided by this
section. The temporary removal of the document or documents representing one or more collateral
obligations for a reasonable commercial purpose, for a period not exceeding 60 days, shall not
invalidate the exemption provided by this section.
History.—s. 1, ch. 29981, 1955; s. 8, ch. 79-350; s. 86, ch. 81-259.
201.22 Financing statements under chapter 679 of the Uniform Commercial Code. —The
excise tax on documents provided by this chapter shall be applicable to transactions covered by
the Uniform Commercial Code to the same extent that it would be if the code had not been
enacted. The clerk or filing officer shall not accept for filing or filing and recording any financing
statement under chapter 679, unless there appears thereon a notation that the taxes required by
this chapter have been paid on the promissory instruments secured by said financing statement and
will be paid on any additional promissory instruments, advances, or similar instrument that may be
secured by said financing statement. The failure to pay the tax required by this chapter, as so
stated, shall be subject to the penalties provided by this chapter.
History.—s. 1, ch. 65-254; s. 16, ch. 96-395.
201.23 Foreign notes and other written obligations exempt.—
(1) There shall be exempt from all excise taxes imposed by this chapter:
(a) All promissory notes, nonnegotiable notes, and other written obligations to pay money
bearing date on or after July 1, 1977, if the makers thereof or the obligors thereunder, at the time
of the making or execution thereof, are individuals residing outside the United States or business
organizations or other persons located outside the United States.
(b) All drafts or bills of exchange drawn upon and, on or after July 1, 1977, accepted by a bank
having an office in Florida, which arise out of transactions involving the importation or exportation
of goods or the storage of goods abroad, or drawn by banks or bankers in foreign countries or
dependencies or insular possessions of the United States for the purpose of furnishing dollar
exchange as required by the usages of trade in the respective countries, dependencies, or insular
possessions, if at the date of the acceptance of any of the foregoing the drawer of the draft or bill
of exchange or the persons for whose benefit the financing is conducted are individuals residing
outside the United States or business organizations or other persons located outside the United
States.
(c) Any promissory note, nonnegotiable note, or other written obligation to pay money if the
note or obligation is executed and delivered outside this state and at the time of its making is
secured only by a mortgage, deed of trust, or similar security agreement encumbering real estate
located outside this state and if such promissory note, nonnegotiable note, or other written
obligation for payment of money is brought into this state for deposit as collateral security under a
wholesale warehouse mortgage agreement or for inclusion in a pool of mortgages deposited with a
custodian as security for obligations issued by an agency of the United States Government or for
inclusion in a pool of mortgages to be serviced for the account of a customer by a mortgage lender
licensed or exempt from licensing under part III of chapter 494.
(2) The exemptions provided in this chapter shall not apply:
(a) To mortgages, trust deeds, security agreements, or other evidences of indebtedness relating
to the purchase or transfer of real property located in Florida and filed or recorded in the state,
which shall be taxable as if they were entered into within this state.
(b) If the purpose of the financing evidenced by any instrument described in paragraph (1)(a) is
to finance all or any part of the purchase of real estate located in Florida or personal property for
use in Florida. However, the obligee under any such instrument shall be entitled to rely on a
written certificate by the makers thereof or the obligors thereunder that no part of the proceeds of
such financing is intended for any such purpose.
(c) If, at the date of any instrument described in paragraph (1)(a) or at the date of acceptance
of any instrument described in paragraph (1)(b), a majority of the equity securities of any maker of
any instrument described in paragraph (1)(a) or of any obligor thereunder, or of any drawer or
person for whose benefit the financing referred to in paragraph (1)(b) is conducted, are owned by
individuals residing within the United States or business organizations or other persons located
within the United States. However, the obligee under or acceptor of any such instrument shall be
entitled to rely upon the written certificate of each maker, obligor, or person for whose benefit
the financing is conducted, other than an individual, certifying that a majority of its equity
securities are not owned by individuals residing within the United States or business organizations
or other persons located within the United States.
(3) The provisions of this section shall not be construed so as to impair the obligation of any
contract entered into prior to July 1, 1977.
(4)(a) The excise taxes imposed by this chapter shall not apply to the documents, notes,
evidences of indebtedness, financing statements, drafts, bills of exchange, or other taxable items
dealt with, made, issued, drawn upon, accepted, delivered, shipped, received, signed, executed,
assigned, transferred, or sold by or to a banking organization in the conduct of an international
banking transaction. Nothing in this subsection 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 organized and existing under the laws of any state;
b. A national bank organized and existing pursuant to the provisions of the National Bank Act,
12 U.S.C. ss. 21 et seq.;
c. An Edge Act corporation organized pursuant to the provisions of s. 25(a) of the Federal
Reserve Act, 12 U.S.C. ss. 611 et seq.;
d. An international bank agency licensed pursuant to the laws of any state;
e. A federal agency licensed pursuant to ss. 4 and 5 of the International Banking Act of 1978;
f. A savings association organized and existing under the laws of any state;
g. A federal association organized and existing pursuant to the provisions of the Home Owners'
Loan Act of 1933, 12 U.S.C. ss. 1461 et seq.; or
h. A Florida export finance corporation organized and existing pursuant to the provisions of part
V of chapter 288.
2. "International banking transaction" means:
a. The financing of the exportation from, or the importation into, the United States or between
jurisdictions abroad of tangible personal property or services;
b. The financing of the production, preparation, storage, or transportation of tangible personal
property or services which are identifiable as being directly and solely for export from, or import
into, the United States or between jurisdictions abroad;
c. The financing of contracts, projects, or activities to be performed substantially abroad,
except those transactions secured by a mortgage, deed of trust, or other lien upon real property
located in the state;
d. The receipt of deposits or borrowings or the extensions of credit by an international banking
facility, except the loan or deposit of funds secured by mortgage, deed of trust, or other lien upon
real 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.
History.—s. 1, ch. 77-463; s. 9, ch. 79-350; s. 92, ch. 79-400; s. 5, ch. 80-136; s. 3, ch. 81-179; s. 53, ch. 91-245;
s. 34, ch. 2005-280; s. 64, ch. 2009-241.
201.24 Obligations of municipalities, political subdivisions, and agencies of the state. —
There shall be exempt from all taxes imposed by this chapter:
(1) Any obligation to pay money issued by a municipality, political subdivision, or agency of the
state.
(2) Any assignment, transfer, or other disposition, or any document, which arises out of a
rental, lease, or lease -purchase for real property agreement entered pursuant to s. 1013.15(2) or
(4).
History.—s. 10, ch. 79-350; s. 2, ch. 88-119; s. 29, ch. 95-269; s. 2, ch. 98-264; s. 913, ch. 2002-387.
The 2017 Florida Statutes
Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 125
COUNTY GOVERNMENT
'125.0167 Discretionary surtax on documents; adoption; application of revenue.—
(1) Pursuant to the provisions of s. 201.031, the governing authority in each county, as defined
by s. 125.011(1), is authorized to levy a discretionary surtax on documents for the purpose of
establishing and financing a Housing Assistance Loan Trust Fund to assist in the financing of
construction, rehabilitation, or purchase of housing for low-income and moderate -income families.
No less than 50 percent of the funds used in each county to provide such housing assistance shall be
for the benefit of low-income families. For the purpose of this section, "low-income family" means
a family whose income does not exceed 80 percent of the median income for the area, and
"moderate -income family" means a family whose income is in excess of 80 percent but less than
140 percent of the median income for the area. For purposes of this section, the term "housing" is
not limited to single-family, detached dwellings. The rate of the surtax shall not exceed the rate of
45 cents for each $100 or fractional part thereof of the consideration therefor. Such surtax shall
apply only to those documents taxable under s. 201.02, except that there shall be no surtax on any
document pursuant to which the interest granted, assigned, transferred, or conveyed involves only
a single-family residence. Such single-family residence may be a condominium unit, a unit held
through stock ownership or membership representing a proprietary interest in a corporation owning
a fee or a leasehold initially in excess of 98 years, or a detached dwelling.
(2) The levy of the discretionary surtax and the creation of a Housing Assistance Loan Trust
Fund shall be by ordinance which shall set forth the policies and procedures of the assistance
program. The ordinance shall be proposed at a regular meeting of the governing authority at least
2 weeks prior to formal adoption. Formal adoption shall not be effective unless approved on final
vote by a majority of the total membership of the governing authority. The ordinance shall not
take effect until 90 days after formal adoption.
(3) The county shall deposit revenues from the discretionary surtax in the Housing Assistance
Loan Trust Fund of the county, except that a portion of such revenues may be deposited into the
Home Investment Trust Fund of the county as defined by and created pursuant to the requirements
of federal law. The county shall use the revenues only to help finance the construction,
rehabilitation, or purchase of housing for low-income families and moderate -income families, to
pay necessary costs of collection and enforcement of the surtax, and to fund any local matching
contributions required pursuant to federal law. For purposes of this section, authorized uses of the
revenues include, but are not limited to, providing funds for first and second mortgages and
acquiring property for the purpose of forming housing cooperatives. Special consideration shall be
given toward using the revenues in the neighborhood economic development programs of
community development corporations. No more than 50 percent of the revenues collected each
year pursuant to this section may be used to help finance new construction as provided herein. The
proceeds of the surtax shall not be used for rent subsidies or grants.
(4) No more than 10 percent of surtax revenues collected under this section by the Department
of Revenue and remitted to the county in any fiscal year may be used for administrative costs.
(5)(a) Notwithstanding the provisions of subsection (3), of the discretionary surtax revenues
collected by the Department of Revenue remaining after any deduction for administrative costs as
provided in subsection (4), no less than 35 percent shall be used to provide homeownership
assistance for low-income and moderate -income families, and no less than 35 percent shall be used
for construction, rehabilitation, and purchase of rental housing units. The remaining amount may
be allocated to provide for homeownership assistance or rental housing units, at the discretion of
the county. Any funds allocated for homeownership assistance or rental housing units that are not
committed at the end of the fiscal year shall be reallocated in subsequent years consistent with
the provisions of this subsection, in that no less than 35 percent shall be reallocated to provide
homeownership assistance for low-income and moderate -income families, and no less than 35
percent shall be reallocated for construction, rehabilitation, and purchase of rental housing units.
The remaining amount of uncommitted funds may be reallocated at the discretion of the county
within any of the categories established in this subsection.
(b) For purposes of this subsection, the term "homeownership assistance" means assisting low-
income and moderate -income families in purchasing a home as their primary residence, including,
but not limited to, reducing the cost of the home with below -market construction financing, the
amount of down payment and closing costs paid by the borrower, or the mortgage payment to an
affordable amount for the purchaser or using any other financial assistance measure set forth in
s.420.5088.
(6) Rehabilitation of housing owned by a recipient government may be authorized only after a
determination approved by a majority of the governing body that no other sources of funds are
available.
(7)(a) The governing body of each county as defined in s. 125.011(1) may, by county ordinance
and pursuant to procedures and requirements provided by such ordinance, create a housing choice
assistance voucher program.
(b) For purposes of this subsection, the term:
1. "Housing choice assistance voucher" means the document used to access assistance paid by
the county from the discretionary surtax balance in the Housing Assistance Trust Fund to a
prospective purchaser of a single-family residence, which must be the purchaser's homestead.
2. "Purchasing employer" means a business or business entity that has acquired real property
within the county and paid the surtax due as a result of the acquisition of that property pursuant to
this section.
(c) Housing choice assistance vouchers shall be used for down payment assistance for the
purchase of a single-family residence by low-income or moderate -income persons within the county
and within a 5-mile radius of the purchasing employer who are:
1. Actively employed by the purchasing employer or by a business entity directly affiliated with
the purchasing employer.
2. Prequalified for a mortgage loan by a certified lending institution.
(d) Upon payment of the discretionary surtax pursuant to this section, the purchasing employer
may file for an allocation for housing choice assistance vouchers from the county in an amount not
to exceed 50 percent of the amount of the discretionary surtax paid. The purchasing employer shall
distribute the allocation to employees in the form of housing choice assistance vouchers pursuant
to rules and procedures established for the program.
(e) Any housing choice assistance voucher allocation not distributed to employees and
redeemed by an employee within 1 year after the date the discretionary surtax is paid may not be
used for housing choice assistance vouchers under this subsection.
(f) Any housing assistance paid pursuant to the housing choice assistance voucher program shall
be included in the calculation determining the percentage of discretionary surtax funds used for
homeownership purposes during the year in which the surtax funds for such purposes are expended.
(8) By June 30, 2012, and every 5 years thereafter, the Office of Program Policy Analysis and
Government Accountability shall review the discretionary surtax program operated by counties
under this section and shall provide a report to the President of the Senate and the Speaker of the
House of Representatives.
History.—ss. 1, 3, ch. 83-220; s. 1, ch. 84-270; s. 1, ch. 89-252; s. 35, ch. 92-317; ss. 1, 2, ch. 2009-131.
1Note.—Repealed October 1, 2031, by s. 3, ch. 83-220, as amended by s. 1, ch. 84-270; s. 1, ch. 89-252; and s. 1,
ch. 2009-131.
The 2017 Florida Statutes
Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 125
COUNTY GOVERNMENT
125.011 Definitions. —As used in ss. 125.011-125.019:
(1) "County" means any county operating under a home rule charter adopted pursuant to ss.
10, 11, and 24, Art. VIII of the Constitution of 1885, as preserved by Art. VIII, s. 6(e) of the
Constitution of 1968, which county, by resolution of its board of county commissioners, elects to
exercise the powers herein conferred. Use of the word "county" within the above provisions shall
include "board of county commissioners" of such county.
(2) "Project" includes any one or any combination of two or more of the following:
(a) Public mass transportation, harbor, port, shipping, and airport facilities of all kinds and
includes, but is not limited to, harbors, channels, turning basins, anchorage areas, jetties,
breakwaters, waterways, canals, locks, tidal basins, wharves, docks, piers, slips, bulkheads, public
landings, warehouses, terminals, refrigerating and cold storage plants, railroads and motor
terminals for passengers and freight, rolling stock, car ferries, boats, conveyors and appliances of
all kinds for the handling, storage, inspection and transportation of freight and the handling of
passenger traffic, airport facilities of all kinds for land and sea planes, including, but not limited
to, landing fields, water areas for the landing and taking off of aircraft, hangars, shops, buses,
trucks, and all other facilities for the landing, taking off, operating, servicing, repairing, and
parking of aircraft, and the loading and unloading and handling of passengers, mail, express and
freight;
(b) Administration buildings, toll highways, tunnels, causeways and bridges connected
therewith or incident or auxiliary thereto, and may include all property, rights, easements, and
franchises relating to any such project and deemed necessary or convenient for the acquisition,
construction, purchase, or operation thereof; and
(c) Export trading companies, foreign sales corporations, consulting services corporations, cargo
clearance centers, and customs clearance facilities as provided in s. 125.012(26).
(3) "Cost," as applied to improvements, means the cost of constructing or acquiring
improvements, as defined in subsection (2), and shall embrace the cost of all labor and materials,
machinery and equipment, financing charges, engineering and legal expenses, plans, specifications,
and such other expenses as may be necessary or incident to such construction or acquisition.
(4) "Cost," as applied to a project acquired, constructed, extended, or enlarged, includes the
purchase price of any project acquired; the cost of improvements; the cost of construction,
extension or enlargement; the cost of all lands, properties, rights, easements and franchises
acquired; the cost of all machinery and equipment, financing charges, interest during construction;
and, if deemed advisable, for 1 year after completion of construction, cost of investigations,
audits, and engineering and legal services; and all other expenses necessary or incident to
determining the feasibility or practicability of such acquisition or construction, administrative
expense and such other expenses as may be necessary or incident to the financing herein
authorized and to the acquisition or construction of a project and the placing of the same in
operation. Any obligation or expense incurred by the county prior to the issuance of revenue bonds
under the provisions of s. 125.013 for engineering studies and for estimates of cost and of
revenues, and for other technical, financial, or legal services in connection with the acquisition or
construction of any project, may be regarded as a part of the cost of such project.
(5) "Board of county commissioners" includes all members of the board of county
commissioners in a county whether their offices are created by the Constitution, the Legislature, or
by any home rule charter.
History.—s. 1, ch. 71-249; s. 1, ch. 79-291; s. 1, ch. 87-144; s. 22, ch. 91-45.
(f)1. A housing element consisting of principles, guidelines, standards, and strategies to be followed
in:
a. The provision of housing for all current and anticipated future residents of the jurisdiction.
b. The elimination of substandard dwelling conditions.
c. The structural and aesthetic improvement of existing housing.
d. The provision of adequate sites for future housing, including affordable workforce housing as
defined in s. 380.0651(3)(h), housing for low-income, very low-income, and moderate -income families,
mobile homes, and group home facilities and foster care facilities, with supporting infrastructure and
public facilities. The element may include provisions that specifically address affordable housing for
persons 60 years of age or older. Real property that is conveyed to a local government for affordable
housing under this sub -subparagraph shall be disposed of by the local government pursuant to
s. 125.379 or s. 166.0451.
e. Provision for relocation housing and identification of historically significant and other housing for
purposes of conservation, rehabilitation, or replacement.
f. The formulation of housing implementation programs.
g. The creation or preservation of affordable housing to minimize the need for additional local
services and avoid the concentration of affordable housing units only in specific areas of the
jurisdiction.
2. The principles, guidelines, standards, and strategies of the housing element must be based on
data and analysis prepared on housing needs, which shall include the number and distribution of
dwelling units by type, tenure, age, rent, value, monthly cost of owner -occupied units, and rent or
cost to income ratio, and shall show the number of dwelling units that are substandard. The data and
analysis shall also include the methodology used to estimate the condition of housing, a projection of
the anticipated number of households by size, income range, and age of residents derived from the
population projections, and the minimum housing need of the current and anticipated future residents
of the jurisdiction.
3. The housing element must express principles, guidelines, standards, and strategies that reflect,
as needed, the creation and preservation of affordable housing for all current and anticipated future
residents of the jurisdiction, elimination of substandard housing conditions, adequate sites, and
distribution of housing for a range of incomes and types, including mobile and manufactured homes.
The element must provide for specific programs and actions to partner with private and nonprofit
sectors to address housing needs in the jurisdiction, streamline the permitting process, and minimize
costs and delays for affordable housing, establish standards to address the quality of housing,
stabilization of neighborhoods, and identification and improvement of historically significant housing.
4. State and federal housing plans prepared on behalf of the local government must be consistent
with the goals, objectives, and policies of the housing element. Local governments are encouraged to
use job training, job creation, and economic solutions to address a portion of their affordable housing
concerns.