Senate Bill sb1542

    Florida Senate - 2001                                  SB 1542

    By Senator Sebesta





    20-786-01

  1                      A bill to be entitled

  2         An act relating to the excise tax on documents;

  3         amending s. 201.02, F.S.; exempting transfers

  4         between spouses from the tax on deeds and other

  5         instruments relating to real property or

  6         interests therein; providing effective dates.

  7

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

  9

10         Section 1.  Subsection (7) of section 201.02, Florida

11  Statutes, is amended to read:

12         201.02  Tax on deeds and other instruments relating to

13  real property or interests in real property.--

14         (7)(a)  Taxes imposed by this section do not apply to a

15  deed, transfer, or conveyance between spouses.

16         (b)  Taxes imposed by this section do not apply to a

17  deed, transfer, or conveyance between spouses or former

18  spouses pursuant to an action for dissolution of their

19  marriage wherein the real property is or was their marital

20  home or an interest therein. Taxes paid pursuant to this

21  section shall be refunded in those cases in which a deed,

22  transfer, or conveyance occurred 1 year before a dissolution

23  of marriage. This paragraph subsection applies in spite of any

24  consideration as defined in subsection (1). This paragraph

25  subsection does not apply to a deed, transfer, or conveyance

26  executed before July 1, 1997.

27         Section 2.  Effective July 1, 2002, paragraph (b) of

28  subsection (7) of section 201.02, Florida Statutes, as amended

29  by this act, is amended to read:

30         201.02  Tax on deeds and other instruments relating to

31  real property or interests in real property.--

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






    Florida Senate - 2001                                  SB 1542
    20-786-01




  1         (7)

  2         (b)  Taxes imposed by this section do not apply to a

  3  deed, transfer, or conveyance between former spouses pursuant

  4  to an action for dissolution of their marriage wherein the

  5  real property is or was their marital home or an interest

  6  therein. Taxes paid pursuant to this section shall be refunded

  7  in those cases in which a deed, transfer, or conveyance

  8  occurred 1 year before a dissolution of marriage. This

  9  paragraph applies in spite of any consideration as defined in

10  subsection (1). This paragraph does not apply to a deed,

11  transfer, or conveyance executed before July 1, 1997.

12         Section 3.  Except as otherwise expressly provided in

13  this act, this act shall take effect July 1, 2001.

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16                       LEGISLATIVE SUMMARY

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      Exempts all transfers between spouses from the
18    documentary stamp tax on deeds and other instruments
      relating to real property; present law exempts such
19    transfers only pursuant to action for dissolution of
      marriage.
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CODING: Words stricken are deletions; words underlined are additions.