House Bill hb1835c1

    Florida House of Representatives - 2001             CS/HB 1835

        By the Council for Smarter Government and Committee on
    Judicial Oversight and Representative Crow





  1                      A bill to be entitled

  2         An act relating to the excise tax on documents;

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

  4         transfers of homestead real property that

  5         involve spouses and that create a tenancy by

  6         the entireties from the tax on deeds and other

  7         instruments relating to real property or

  8         interests therein; providing that a certificate

  9         of title issued by a clerk of court in a

10         judicial sale of real property pursuant to

11         foreclosure proceedings shall be subject to

12         said tax; providing for the method of

13         computation of the tax when the certificate of

14         title is issued to the party in whose favor a

15         judgment of foreclosure is granted; providing

16         for retroactive application; exempting certain

17         contracts to sell the residence of an employee

18         relocating at the employer's direction from

19         said tax; providing an effective date.

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

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

24  Statutes, is amended, and subsections (8) and (9) are added to

25  said section, to read:

26         201.02  Tax on deeds and other instruments relating to

27  real property or interests in real property.--

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

29  deed, transfer, or conveyance from an individual to that

30  individual and that individual's spouse that creates a tenancy

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






    Florida House of Representatives - 2001             CS/HB 1835

    405-113-01






  1  by the entireties in real property to which the homestead tax

  2  exemption provided by s. 196.031 is applicable.

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

  4  deed, transfer, or conveyance between spouses or former

  5  spouses pursuant to an action for dissolution of their

  6  marriage wherein the real property is or was their marital

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

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

  9  transfer, or conveyance occurred 1 year before a dissolution

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

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

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

13  executed before July 1, 1997.

14         (8)  A certificate of title issued by the clerk of

15  court in a judicial sale of real property under an order or

16  final judgment issued pursuant to a foreclosure proceeding

17  under chapter 702 shall be subject to the tax imposed by

18  subsection (1); however, if the certificate of title is issued

19  to the party in whose favor the judgment of foreclosure is

20  granted in the foreclosure proceeding, the amount of tax shall

21  be computed based solely on the amount of the highest and best

22  bid received for the property at the foreclosure sale.

23         (9)  Taxes imposed by this section do not apply to a

24  contract to sell the residence of an employee relocating at

25  the employer's direction, which contract is between the

26  employee or employer and a person in the business of providing

27  employee relocation services, unless the real property

28  comprising the residence is transferred by deed.

29         Section 2.  The method of computation of tax provided

30  by s. 201.02(8), Florida Statutes, as created by this act, on

31  a certificate of title which is issued to the party in whose

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    Florida House of Representatives - 2001             CS/HB 1835

    405-113-01






  1  favor a judgment of foreclosure is granted in a foreclosure

  2  proceeding shall apply retroactively, except that all taxes

  3  that have been collected must be remitted, and taxes that have

  4  been remitted before July 1, 2001, on transactions that are

  5  subject to the method of computation provided by this act are

  6  not subject to refund.

  7         Section 3.  This act shall take effect July 1, 2001.

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