House Bill hb0173er

    ENROLLED

    2002 Legislature                       HB 173, First Engrossed



  1

  2         An act relating to the excise tax on documents;

  3         amending s. 201.02, F.S.; providing that the

  4         tax on deeds and other instruments relating to

  5         real property or interests therein applies to

  6         certificates of title issued in a judicial sale

  7         of real property pursuant to a court order or

  8         final judgment issued in a foreclosure

  9         proceeding; providing the method for computing

10         the tax; providing intent; providing for

11         retroactive application; amending s. 201.132,

12         F.S.; revising a verification requirement for a

13         notation on certain recorded documents;

14         providing an effective date.

15

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

17

18         Section 1.  Subsection (8) is added to section 201.02,

19  Florida Statutes, to read:

20         201.02  Tax on deeds and other instruments relating to

21  real property or interests in real property.--

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

23  court under s. 45.031(4) in a judicial sale of real property

24  under an order or final judgment issued pursuant to a

25  foreclosure proceeding is subject to the tax imposed by

26  subsection (1). However, the amount of the tax shall be

27  computed based solely on the amount of the highest and best

28  bid received for the property at the foreclosure sale. This

29  subsection is intended to clarify existing law and shall be

30  applied retroactively.

31


                                  1

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




    ENROLLED

    2002 Legislature                       HB 173, First Engrossed



  1         Section 2.  Paragraph (a) of subsection (1) of section

  2  201.132, Florida Statutes, is amended to read:

  3         201.132  Exceptions to use of stamps on recorded

  4  documents; county comptrollers and clerks of the circuit

  5  court.--

  6         (1)  The county comptroller or, if there be none, the

  7  clerk of the circuit court of each county may collect the tax

  8  imposed by this chapter without affixing stamps to the

  9  document to be recorded under the following conditions:

10         (a)  A notation shall be placed on the document to be

11  recorded showing the amount of tax paid and the county where

12  payment is being made, and the notation shall be signed by,

13  initialed, or otherwise stamped with the name or initials of

14  signed by the county comptroller or clerk of the circuit

15  court, or designated agent thereof.

16         Section 3.  This act shall take effect upon becoming a

17  law.

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  2

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