Chapter 201 — Chapter 201
27 sections in this chapter.
Fla. Stat. § 201.01 Documents taxable, generally
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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 sec…
Fla. Stat. § 201.02 Tax on deeds and other instruments relating to real property or interests in real property
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(1)(a) On 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…
Fla. Stat. § 201.0201 Interpretation of s. 201.02
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(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…
Fla. Stat. § 201.0205 Counties that have implemented ch. 83-220; inapplicability of 10-cent tax increase by s. 2, ch. 92-317
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The 10-cent tax increase in the documentary stamp tax levied by s. 2, chapter 92-317, Laws of Florida, 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 …
Fla. Stat. § 201.031 Discretionary surtax; administration and collection; Housing Assistance Loan Trust Fund; reporting requirements
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(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, …
Fla. Stat. § 201.07 Tax on bonds, debentures, and certificates of indebtedness
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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…
Fla. Stat. § 201.08 Tax on promissory or nonnegotiable notes, written obligations to pay money, or assignments of wages or other compensation; exception
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(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 …
Fla. Stat. § 201.09 Renewal of existing promissory notes and mortgages; exemption
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(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 inclu…
Fla. Stat. § 201.091 Correction of prior error
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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 cu…
Fla. Stat. § 201.10 Certificates of deposit issued by banks exempt
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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.
Fla. Stat. § 201.11 Administration of law by Department of Revenue
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(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. T…
Fla. Stat. § 201.12 Duties of clerks of the circuit court
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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 b…
Fla. Stat. § 201.13 Department of Revenue to furnish stamps for tax for specified period
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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 requir…
Fla. Stat. § 201.132 Exceptions to use of stamps on recorded documents; county comptrollers and clerks of the circuit court
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(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 re…
Fla. Stat. § 201.133 Payment of tax on documents not to be recorded; certificates of registration
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(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) sh…
Fla. Stat. § 201.14 Cancellation of stamps when used
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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 u…
Fla. Stat. § 201.15 Distribution of taxes collected
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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 f…
Fla. Stat. § 201.16 Other laws made applicable to chapter
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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 here…
Fla. Stat. § 201.165 Credit for tax paid to other states
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(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 Distri…
Fla. Stat. § 201.17 Penalties for failure to pay tax required
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(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 adhes…
Fla. Stat. § 201.18 Penalties for illegal use of stamps
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(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 up…
Fla. Stat. § 201.20 Penalties for illegally avoiding tax on notes
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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.
Fla. Stat. § 201.21 Notes and other written obligations exempt under certain conditions
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(1) 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 …
Fla. Stat. § 201.22 Financing statements under chapter 679 of the Uniform Commercial Code
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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 an…
Fla. Stat. § 201.23 Foreign notes and other written obligations exempt
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(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 …
Fla. Stat. § 201.24 Obligations of municipalities, political subdivisions, and agencies of the state
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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-…
Fla. Stat. § 201.25 Tax exemptions for certain loans
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There shall be exempt from all taxes imposed by this chapter:(1) Any loan made by the Florida Small Business Emergency Bridge Loan Program in response to a disaster that results in a state of emergency declared by executive order or proclamation of the Governor pursuant to s. 252…