House Bill hb0123e1

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




                                       HB 123, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the excise tax on documents;

  3         amending s. 201.08, F.S.; providing a limit on

  4         the amount of the tax on promissory or

  5         nonnegotiable notes, written obligations to pay

  6         money, and assignments of wages or other

  7         compensation and on certain promissory or

  8         nonnegotiable notes, written obligations to pay

  9         money, or other compensation made in connection

10         with sales made under retail charge account

11         services; providing an effective date.

12

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

14

15         Section 1.  Subsection (1), paragraph (a) of subsection

16  (2), and subsections (4) and (5) of section 201.08, Florida

17  Statutes, are amended to read:

18         201.08  Tax on promissory or nonnegotiable notes,

19  written obligations to pay money, or assignments of wages or

20  other compensation; exception.--

21         (1)(a)  On promissory notes, nonnegotiable notes,

22  written obligations to pay money, or assignments of salaries,

23  wages, or other compensation made, executed, delivered, sold,

24  transferred, or assigned in the state, and for each renewal of

25  the same, the tax shall be 35 cents on each $100 or fraction

26  thereof of the indebtedness or obligation evidenced thereby.

27  The tax on any document described in this paragraph shall not

28  exceed $2,450.

29         (b)  On mortgages, trust deeds, security agreements, or

30  other evidences of indebtedness filed or recorded in this

31  state, and for each renewal of the same, the tax shall be 35


                                  1

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






                                       HB 123, First Engrossed/ntc



  1  cents on each $100 or fraction thereof of the indebtedness or

  2  obligation evidenced thereby.  Mortgages, including, but not

  3  limited to, mortgages executed without the state and recorded

  4  in the state, which incorporate the certificate of

  5  indebtedness, not otherwise shown in separate instruments, are

  6  subject to the same tax at the same rate.  When there is both

  7  a mortgage, trust deed, or security agreement and a note,

  8  certificate of indebtedness, or obligation, the tax shall be

  9  paid on the mortgage, trust deed, or security agreement at the

10  time of recordation. Where a mortgage, trust deed, security

11  agreement, or other evidence of indebtedness is subsequently

12  filed or recorded in Florida to evidence an indebtedness or

13  obligation upon which tax was paid pursuant to paragraph

14  (1)(a) or (2)(a) of this section, tax shall be paid on the

15  mortgage, trust deed, security agreement, or other evidence of

16  indebtedness on the amount of the indebtedness or obligation

17  evidenced which exceeds the aggregate amount upon which tax

18  was previously paid pursuant to this paragraph and paragraph

19  (1)(a) or (2)(a) of this section.  A notation shall be made on

20  the note, certificate of indebtedness, or obligation that the

21  tax has been paid on the mortgage, trust deed, or security

22  agreement.  If the mortgage, trust deed, security agreement,

23  or other evidence of indebtedness subject to the tax levied by

24  this section secures future advances, as provided in s.

25  697.04, the tax shall be paid at the time of recordation on

26  the initial debt or obligation secured, excluding future

27  advances; at the time and so often as any future advance is

28  made, the tax shall be paid on all sums then advanced

29  regardless of where such advance is made. Notwithstanding the

30  aforestated general rule, any increase in the amount of

31  original indebtedness caused by interest accruing under an


                                  2

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






                                       HB 123, First Engrossed/ntc



  1  adjustable rate note or mortgage having an initial interest

  2  rate adjustment interval of not less than 6 months shall be

  3  taxable as a future advance only to the extent such increase

  4  is a computable sum certain when the document is executed.

  5  Failure to pay the tax shall not affect the lien for any such

  6  future advance given by s. 697.04, but any person who fails or

  7  refuses to pay such tax due by him or her is guilty of a

  8  misdemeanor of the first degree.  The mortgage, trust deed, or

  9  other instrument shall not be enforceable in any court of this

10  state as to any such advance unless and until the tax due

11  thereon upon each advance that may have been made thereunder

12  has been paid.

13         (2)(a)  On promissory notes, nonnegotiable notes,

14  written obligations to pay money, or other compensation, made,

15  executed, delivered, sold, transferred, or assigned in the

16  state, in connection with sales made under retail charge

17  account services, incident to sales which are not conditional

18  in character and which are not secured by mortgage or other

19  pledge of purchaser, the tax shall be 35 cents on each $100 or

20  fraction thereof of the gross amount of the indebtedness

21  evidenced by such instruments, payable quarterly on such forms

22  and under such rules and regulations as may be promulgated by

23  the Department of Revenue. The tax on any document described

24  in this paragraph shall not exceed $2,450.

25         (4)  Notwithstanding paragraph subsection (1)(b), a

26  supplement or an amendment to a mortgage, deed of trust,

27  indenture, or security agreement, which supplement or

28  amendment is filed or recorded in this state in connection

29  with a new issue of bonds, shall be subject to the tax imposed

30  by paragraph subsection (1)(b) only to the extent of the

31  aggregate amount of the new issue of bonds or other evidence


                                  3

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






                                       HB 123, First Engrossed/ntc



  1  of indebtedness and not to the extent of the aggregate amount

  2  of bonds or other evidence of indebtedness previously issued

  3  under the instrument being supplemented or amended.  In order

  4  to qualify for the tax treatment provided for in this

  5  subsection, the document which evidences the increase in

  6  indebtedness must show the official records book and page

  7  number in which, and the county in which, the original

  8  obligation and any prior increase in that obligation were

  9  recorded.

10         (5)  For purposes of this section, a renewal shall only

11  include modifications of an original document which change the

12  terms of the indebtedness evidenced by the original document

13  by adding one or more obligors, increasing the principal

14  balance, or changing the interest rate, maturity date, or

15  payment terms.  Modifications to documents which do not modify

16  the terms of the indebtedness evidenced such as those given or

17  recorded to correct error; modify covenants, conditions, or

18  terms unrelated to the debt; sever a lien into separate liens;

19  provide for additional, substitute, or further security for

20  the indebtedness; consolidate indebtedness or collateral; add,

21  change, or delete guarantors; or which substitute a new

22  mortgagee or payee are not renewals and are not subject to tax

23  pursuant to this section. If the taxable amount of a mortgage

24  is limited by language contained in the mortgage or by the

25  application of rules limiting the tax base when there is

26  collateral in more than one state, then a modification which

27  changes such limitation or tax base shall be taxable only to

28  the extent of any increase in the limitation or tax base

29  attributable to such modification.  This subsection shall not

30  be interpreted to exempt from taxation an original mortgage

31


                                  4

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






                                       HB 123, First Engrossed/ntc



  1  which would otherwise be subject to tax pursuant to paragraph

  2  subsection (1)(b).

  3         Section 2.  This act shall take effect July 1, 2002.

  4

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  5

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