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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  5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Smith offered the following:
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13         Amendment (with title amendment) 
14         On page 1, line 29, through page 3, line 15,
15  remove:  all of said lines
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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,
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    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
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  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.
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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:
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    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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    File original & 9 copies    03/20/02
    hbd0011                     04:13 pm         01095-0093-931553