The Florida Senate

201.022  Consideration for realty; filing of return condition precedent to recordation; penalty; compensation of clerks; failure to file does not impair validity.--

(1)  As a condition precedent to the recordation of any deed transferring an interest in real property, the grantor or the grantee or agent for grantee shall execute and file a return with the clerk of the circuit court. The return shall state the actual consideration paid for the interest in real property. The return shall state the parcel identification number maintained by the county property appraiser in a manner prescribed by the department. If the parcel is a split or cutout parcel, the return shall state the parent parcel identification number if the parcel identification number has not been assigned. The return shall not be recorded or otherwise become a public record and shall be confidential as provided by s. 193.074, and shall be exempt from the provisions of s. 119.07(1), except that the Department of Environmental Protection or, through the Department of Environmental Protection, its contract appraiser, shall have access to the return to verify the consideration paid in any transfer of an interest in real property, when such transfer is considered as part of an appraisal for a proposed land acquisition project conducted pursuant to any Department of Environmental Protection land acquisition program. The Department of Environmental Protection or its contract appraiser shall not disclose the contents of the return to any other public or private entity. The original return shall be forwarded to the Department of Revenue, and a copy shall be forwarded to the property appraiser.

(2)  If the return required by this section is not executed and filed, any person who is required by this section to execute and file a return with the clerk of the circuit court and who fails to do so shall be liable for a penalty of $25. The penalty imposed by this subsection shall be in addition to any other penalty imposed by the revenue laws of this state. The penalty may be compromised as provided in s. 213.21.

(3)  If the return required by this section is not executed and filed, the clerk of the circuit court is required to execute and file the return with the department. The clerk shall be compensated 1.0 percent of the tax paid on deeds as the cost of processing the return required by this section in the form of a deduction from the amount of the tax due and remitted by the clerk, and the department shall allow the deduction to the clerk paying and remitting the tax in the manner provided 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. The compensation provided herein shall be in addition to that provided in s. 201.11(2).

(4)  Failure of any grantee or the grantee's agent to execute and file with the clerk of the circuit court a return required in subsection (1) does not impair the validity of any deed heretofore or hereafter recorded transferring an interest in real property.

History.--s. 13, ch. 86-300; s. 3, ch. 87-217; s. 1, ch. 87-306; s. 26, ch. 88-119; s. 7, ch. 90-217; s. 43, ch. 90-360; s. 138, ch. 91-112; s. 10, ch. 92-32; s. 6, ch. 92-319; s. 45, ch. 94-356; s. 1483, ch. 95-147; s. 6, ch. 96-395; s. 57, ch. 96-406.