Senate Bill 2496er

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    1999 Legislature                 CS for SB 2496, 1st Engrossed



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  2         An act relating to the tax on intangible

  3         personal property; amending s. 199.143, F.S.;

  4         revising the method of calculating the tax on

  5         future advances; amending s. 199.185, F.S.;

  6         amending the exemption that applies to certain

  7         charitable trusts; amending s. 199.185, F.S.;

  8         amending exemptions from taxes imposed under

  9         ch. 199, F.S.; providing an effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 199.143, Florida Statutes, is

14  amended to read:

15         199.143  Future advances.--

16         (1)  Except as provided in subsection (3), if the

17  mortgage, deed of trust, or other lien is recorded or executed

18  after December 31, 1985, and secures a line of credit or

19  otherwise secures future advances, as provided in s. 697.04,

20  the nonrecurring tax shall initially be paid on the initial

21  obligation secured, excluding future advances.  Each time an

22  additional amount is borrowed or a future advance is made,

23  additional nonrecurring tax shall be paid on the amount of the

24  advance.  However, any increase in the amount of original

25  indebtedness caused by interest accruing under an adjustable

26  interest rate obligation having an initial interest rate

27  adjustment interval of not less than 6 months shall be taxable

28  as a future advance only to the extent such increase is a

29  computable sum certain when the original indebtedness is

30  incurred.

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CODING: Words stricken are deletions; words underlined are additions.




    ENROLLED

    1999 Legislature                 CS for SB 2496, 1st Engrossed



  1         (2)  The trustee, if a deed of trust, or the owner of

  2  the obligation, if a mortgage or other lien, making the

  3  advance shall pay the additional tax to the clerk to whom the

  4  initial tax was paid.  The clerk shall note the amount

  5  received upon the instrument, if one has been recorded, or

  6  shall otherwise give a receipt.

  7         (3)  If the property subject to the mortgage, deed of

  8  trust, or other lien which secures a line of credit is a

  9  residence of the borrower at the time the mortgage, deed of

10  trust, or other lien is created, then the nonrecurring tax

11  shall be paid as provided in s. 199.135 on the maximum amount

12  of the line of credit, except as limited by s. 199.133, and no

13  further nonrecurring tax shall be due on any borrowing under

14  the line of credit.  As used in this subsection, "residence"

15  includes only a dwelling unit that is a primary, secondary, or

16  vacation home of the borrower, who is a natural person, and

17  that has been primarily occupied for residential or

18  recreational purposes at any time during the immediately

19  preceding 1-year period by the borrower or by the borrower's

20  spouse or children.  The term excludes any dwelling that is

21  used primarily as a rental unit.  Use by a member of the

22  borrower's immediate family for consideration is deemed rental

23  of the dwelling unit.  Notwithstanding the fact that title to

24  a dwelling unit is held by a trustee, the dwelling unit shall

25  be considered a residence of the borrower and may be used as

26  security for a line of credit under this subsection, as long

27  as the dwelling unit is a residence of the borrower, as

28  defined in this subsection.

29         Section 2.  Effective January 1, 2000, subsection (4)

30  of section 199.185, Florida Statutes, 1998 Supplement, is

31  amended to read:


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    ENROLLED

    1999 Legislature                 CS for SB 2496, 1st Engrossed



  1         199.185  Property exempted from annual and nonrecurring

  2  taxes.--

  3         (4)  Charitable trusts, 95 percent of the income of

  4  which is paid to organizations exempt from federal income tax

  5  pursuant to s. 501(c)3 of the Internal Revenue Code, shall be

  6  exempt from 1 mill of the tax imposed in s. 199.032.

  7         Section 3.  Paragraph (j) of subsection (1) of section

  8  199.185, Florida Statutes, 1998 Supplement, is amended to

  9  read:

10         199.185  Property exempted from annual and nonrecurring

11  taxes.--

12         (1)  The following intangible personal property shall

13  be exempt from the annual and nonrecurring taxes imposed by

14  this chapter:

15         (j)  Units of a unit investment trust and shares or

16  units of, or other undivided interest in, a business trust

17  organized under an agreement, indenture, or declaration of

18  trust and registered under the Investment Company Act of 1940,

19  as amended, shall be exempt if at least 90 percent of the net

20  asset value of the portfolio of assets corresponding to such

21  shares, units, or undivided interests is invested in assets

22  that are exempt from the tax imposed by s. 199.032 whose

23  portfolio of assets consists solely of assets exempt under

24  this section.

25         Section 4.  This act shall take effect July 1, 1999.

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