Senate Bill sb0462c1

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    Florida Senate - 2002                            CS for SB 462

    By the Committee on Finance and Taxation; and Senator Pruitt





    314-1880-02

  1                      A bill to be entitled

  2         An act relating to the excise tax on documents;

  3         amending s. 201.08, F.S.; providing for the

  4         maximum tax that must be paid on unsecured

  5         obligations; conforming cross-references;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Subsections (1), (2), (4), and (5) of

11  section 201.08, Florida Statutes, are amended to read:

12         201.08  Tax on promissory or nonnegotiable notes,

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

14  other compensation; exception.--

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

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

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

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

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

20  thereof of the indebtedness or obligation evidenced thereby.

21  The tax on any document described in this paragraph may not

22  exceed $2,450.

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

24  other evidences of indebtedness filed or recorded in this

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

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

27  obligation evidenced thereby.  Mortgages, including, but not

28  limited to, mortgages executed without the state and recorded

29  in the state, which incorporate the certificate of

30  indebtedness, not otherwise shown in separate instruments, are

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

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    Florida Senate - 2002                            CS for SB 462
    314-1880-02




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

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

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

  4  time of recordation.  A notation shall be made on the note,

  5  certificate of indebtedness, or obligation that the tax has

  6  been paid on the mortgage, trust deed, or security agreement.

  7  If a mortgage, trust deed, security agreement, or other

  8  evidence of indebtedness is subsequently filed or recorded in

  9  this state to evidence an indebtedness or obligation upon

10  which tax was paid under paragraph (a) or subsection (2), tax

11  shall be paid on the mortgage, trust deed, security agreement,

12  or other evidence of indebtedness on the amount of the

13  indebtedness or obligation evidenced which exceeds the

14  aggregate amount upon which tax was previously paid under this

15  paragraph and under paragraph (a) or subsection (2).  If the

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

17  indebtedness subject to the tax levied by this section secures

18  future advances, as provided in s. 697.04, the tax shall be

19  paid at the time of recordation on the initial debt or

20  obligation secured, excluding future advances; at the time and

21  so often as any future advance is made, the tax shall be paid

22  on all sums then advanced regardless of where such advance is

23  made. Notwithstanding the aforestated general rule, any

24  increase in the amount of original indebtedness caused by

25  interest accruing under an adjustable rate note or mortgage

26  having an initial interest rate adjustment interval of not

27  less than 6 months shall be taxable as a future advance only

28  to the extent such increase is a computable sum certain when

29  the document is executed.  Failure to pay the tax shall not

30  affect the lien for any such future advance given by s.

31  697.04, but any person who fails or refuses to pay such tax

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    Florida Senate - 2002                            CS for SB 462
    314-1880-02




  1  due by him or her is guilty of a misdemeanor of the first

  2  degree.  The mortgage, trust deed, or other instrument shall

  3  not be enforceable in any court of this state as to any such

  4  advance unless and until the tax due thereon upon each advance

  5  that may have been made thereunder has been paid.

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

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

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

  9  state, in connection with sales made under retail charge

10  account services, incident to sales which are not conditional

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

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

13  fraction thereof of the gross amount of the indebtedness

14  evidenced by such instruments, payable quarterly on such forms

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

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

17  in this paragraph may not exceed $2,450.

18         (b)  Any receipt, charge slip, or other record of a

19  transaction effected with the use of a credit card, charge

20  card, or debit card shall be exempt from the tax imposed by

21  this section.

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

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

24  indenture, or security agreement, which supplement or

25  amendment is filed or recorded in this state in connection

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

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

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

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

30  of bonds or other evidence of indebtedness previously issued

31  under the instrument being supplemented or amended.  In order

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    Florida Senate - 2002                            CS for SB 462
    314-1880-02




  1  to qualify for the tax treatment provided for in this

  2  subsection, the document which evidences the increase in

  3  indebtedness must show the official records book and page

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

  5  obligation and any prior increase in that obligation were

  6  recorded.

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

  8  include modifications of an original document which change the

  9  terms of the indebtedness evidenced by the original document

10  by adding one or more obligors, increasing the principal

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

12  payment terms.  Modifications to documents which do not modify

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

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

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

16  provide for additional, substitute, or further security for

17  the indebtedness; consolidate indebtedness or collateral; add,

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

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

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

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

22  application of rules limiting the tax base when there is

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

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

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

26  attributable to such modification.  This subsection shall not

27  be interpreted to exempt from taxation an original mortgage

28  that which would otherwise be subject to tax pursuant to

29  paragraph (1)(b) subsection (1).

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

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    Florida Senate - 2002                            CS for SB 462
    314-1880-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 462

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  4  This committee substitute provides that if a mortgage, trust
    deed, security agreement, or other evidence of indebtedness is
  5  subsequently filed in Florida to secure a transaction upon
    which tax was capped, tax is due on the subsequent transaction
  6  on the amount of indebtedness shown on the document which
    exceeds the aggregate amount upon which tax was previously
  7  paid.

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