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



                                                   HOUSE AMENDMENT

                                  Bill No. CS/CS/HB 1095, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Smith offered the following:

12

13         Amendment (with title amendment) 

14         On page 1, line 29, through page 3, line 15,

15  remove:  all of said lines

16

17  and insert:

18         Section 1.  Subsection (9) is added to section 199.185,

19  Florida Statutes, to read:

20         199.185  Property exempted from annual and nonrecurring

21  taxes.--

22         (9)(a)  Notes, bonds, or other obligations secured by

23  mortgages or liens given to secure the performance of an

24  indemnitor in an amount less than $2 million to a surety by

25  insurance companies licensed in this state when such surety is

26  issued for the following purposes:

27         1.  Construction bid bonds,

28         2.  Construction performance bonds,

29         3.  Construction payment bonds,

30         4.  Construction licenses,

31         5.  Permits,

                                  1

    File original & 9 copies    03/20/02
    hbd0011                     04:13 pm         01095-0093-931553




                                                   HOUSE AMENDMENT

                                  Bill No. CS/CS/HB 1095, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         6.  Court bonds, or

  2         7.  Bail bonds

  3

  4  are exempt from the tax imposed under this chapter at the time

  5  of recording the mortgage, deed of trust, or lien. The clerk

  6  of the court shall accept such recordings at the time of

  7  submittal and such mortgage or lien shall have a priority as

  8  of the date of recording over any subsequent filings by other

  9  parties notwithstanding that the enforcement of the recorded

10  mortgage or lien on the indemnity may come subsequent to the

11  later recording and any action against the indemnitor

12  affecting said mortgage or lien shall provide notice to the

13  insurance company.

14         (b)  Upon exercise of the rights under the mortgage or

15  lien, all applicable taxes due pursuant to this chapter shall

16  become due and payable as if the mortgage or lien were

17  initially executed and recorded without this exemption.

18         (c)  Failure to pay tax at time of exercise shall not

19  affect the mortgage or lien, but any person who willfully

20  violates or fails to comply with this subsection is subject to

21  the penalties set forth in s. 199.282.

22         Section 2.  Subsection (5) is added to section 201.23,

23  Florida Statutes, to read:

24         201.23  Foreign notes and other written obligations

25  exempt.--

26         (5)(a)  Mortgages, trust deeds, liens, or security

27  agreements filed or recorded to secure the performance of an

28  indemnitor to a surety in an amount less than $2 million by

29  insurance companies licensed in this state when such surety is

30  issued for the following purposes:

31         1.  Construction bid bonds,

                                  2

    File original & 9 copies    03/20/02
    hbd0011                     04:13 pm         01095-0093-931553




                                                   HOUSE AMENDMENT

                                  Bill No. CS/CS/HB 1095, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         2.  Construction performance bonds,

  2         3.  Construction payment bonds,

  3         4.  Construction licenses,

  4         5.  Permits,

  5         6.  Court bonds, or

  6         7.  Bail bonds

  7

  8  are exempt from the tax imposed under this chapter at the time

  9  of recording the mortgage or lien. The clerk of the court

10  shall accept such recordings at the time of submittal and such

11  mortgage or lien shall have a priority as of the date of

12  recording over any subsequent filings by other parties

13  notwithstanding that the enforcement of the recorded mortgage

14  or lien on the indemnity may occur after the later recording

15  and any action against the indemnitor affecting said mortgage

16  or provides notice to the insurance company.

17         (b)  Upon exercise of the rights under the mortgage or

18  lien, all applicable taxes due pursuant to this chapter shall

19  become due and payable as if the mortgage or lien were

20  initially executed and recorded without this exemption.

21         (c)  Failure to pay any tax at time of exercise shall

22  result in the penalties set forth in this chapter for failure

23  to pay the tax.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, lines 3-13,

29  remove:  remove all of said lines

30

31  and insert:

                                  3

    File original & 9 copies    03/20/02
    hbd0011                     04:13 pm         01095-0093-931553




                                                   HOUSE AMENDMENT

                                  Bill No. CS/CS/HB 1095, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1         199.185, 201.23, F.S.; exempting certain

  2         mortgages and liens from the intangible

  3         personal property tax and the excise tax on

  4         documents at time of recording; providing that

  5         those taxes become due upon exercise of rights

  6         under the mortgage or lien; providing penalties

  7         for failure to pay those taxes when due;

  8         amending s.

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                                  4

    File original & 9 copies    03/20/02
    hbd0011                     04:13 pm         01095-0093-931553