Florida Senate - 2009                                    SB 1510
       
       
       
       By Senator Lawson
       
       
       
       
       6-00832-09                                            20091510__
    1                        A bill to be entitled                      
    2         An act relating to the excise tax on documents;
    3         amending s. 201.02, F.S.; permitting an election to
    4         forego the payment of the tax on certain deeds,
    5         instruments, and documents for transfers of real
    6         property which change the form of ownership of real
    7         property without effecting a change in the beneficial
    8         ownership interest; requiring the election to be made
    9         on forms issued by the Department of Revenue and
   10         recorded in the official records; providing an
   11         effective date.
   12         
   13  Be It Enacted by the Legislature of the State of Florida:
   14         
   15         Section 1. Section 201.02, Florida Statutes, is amended to
   16  read:
   17         201.02 Tax on deeds, and other instruments, or documents
   18  relating to real property or interests in real property.—
   19         (1)(a) On deeds, instruments, or documents in which
   20  writings whereby any lands, tenements, or other real property,
   21  or any interest therein, is shall be granted, assigned,
   22  transferred, or otherwise conveyed to, or vested in, the
   23  purchaser or any other person by his or her direction, the tax
   24  on each $100 of the consideration therefor the tax shall be 70
   25  cents except as otherwise provided in this subsection. When the
   26  full amount of the consideration for the execution, assignment,
   27  transfer, or conveyance is not shown in the face of such deed,
   28  instrument, document, or writing, the tax shall be at the rate
   29  of 70 cents for each $100, or fractional part thereof, of the
   30  consideration therefor except as otherwise provided in this
   31  subsection. For purposes of this section, consideration
   32  includes, but is not limited to, the money paid or agreed to be
   33  paid; the discharge of an obligation; and the amount of any
   34  mortgage, purchase money mortgage lien, or other encumbrance,
   35  whether or not the underlying indebtedness is assumed; and any
   36  increase in the value of any ownership interest in a grantee
   37  entity or other entity. If the consideration paid or given in
   38  exchange for real property or any interest therein includes
   39  property other than money, it is presumed that a purchaser
   40  exists and that the consideration is equal to the fair market
   41  value of the real property or interest therein.
   42         (b)1.The parties to a grant, assignment, transfer, or
   43  conveyance of an interest in real property may elect to forego
   44  payment of the tax due under paragraph (a) if:
   45         a.The grant, assignment, transfer, or conveyance results
   46  in a change in the form of ownership without effecting a change
   47  in a beneficial ownership interest; and
   48         b.The only consideration given is an increase in the value
   49  of any ownership interest in the grantee entity or any other
   50  entity.
   51         2.If the election is made under this paragraph, the tax
   52  under paragraph (a) shall be due on the full market value of the
   53  real property upon the next change in an ownership interest in
   54  the real property. However, the tax is not due upon a change in
   55  an ownership interest which returns the identical interest in
   56  the real property to the original grantor or grantors.
   57         3.The election to forego payment of the tax must be made
   58  on or before the date of the grant, assignment, transfer, or
   59  conveyance on a form issued by the department. The form must be
   60  attached to and recorded with the deed, instrument, or document.
   61         (2) The tax imposed by subsection (1) shall also be payable
   62  upon documents by which the right is granted to a tenant
   63  stockholder to occupy an apartment in a building owned by a
   64  cooperative apartment corporation or in a dwelling on real
   65  property owned by any other form of cooperative association as
   66  defined in s. 719.103.
   67         (3) The tax imposed by subsection (2) shall be paid by the
   68  purchaser, and the document recorded in the office of the clerk
   69  of the circuit court as evidence of ownership.
   70         (4) The tax imposed by subsection (1) shall also be payable
   71  upon documents which convey or transfer, pursuant to s. 689.071,
   72  any beneficial interest in lands, tenements, or other real
   73  property, or any interest therein, even though such interest may
   74  be designated as personal property, notwithstanding the
   75  provisions of s. 689.071(6). The tax shall be paid upon
   76  execution of any such document.
   77         (5) All conveyances of real property to a partner from a
   78  partnership which property was conveyed to the partnership after
   79  July 1, 1986, are taxable if:
   80         (a) The partner receiving the real property from the
   81  partnership is a partner other than the partner who conveyed the
   82  real property to the partnership; or
   83         (b) The partner receiving the real property from the
   84  partnership is the partner who conveyed the real property to the
   85  partnership and there is a mortgage debt or other debt secured
   86  by such real property for which the partner was not personally
   87  liable prior to conveying the real property to the partnership.
   88  For purposes of this subsection, the value of the consideration
   89  paid for the conveyance of the real property to the partner from
   90  the partnership includes, but is not limited to, the amount of
   91  any outstanding mortgage debt or other debt which the partner
   92  pays or agrees to pay in exchange for the real property,
   93  regardless of whether the partner was personally liable for the
   94  debts of the partnership prior to the conveyance to the partner
   95  from the partnership.
   96         (6) Taxes imposed by this section shall not apply to any
   97  assignment, transfer, or other disposition, or any document,
   98  which arises out of a transfer of real property from a nonprofit
   99  organization to the Board of Trustees of the Internal
  100  Improvement Trust Fund, to any state agency, to any water
  101  management district, or to any local government. For purposes of
  102  this subsection, “nonprofit organization” means an organization
  103  whose purpose is the preservation of natural resources and which
  104  is exempt from federal income tax under s. 501(c)(3) of the
  105  Internal Revenue Code. The Department of Revenue shall provide a
  106  form, or a place on an existing form, for the nonprofit
  107  organization to indicate its exempt status.
  108         (7) Taxes imposed by this section do not apply to a deed,
  109  transfer, or conveyance between spouses or former spouses
  110  pursuant to an action for dissolution of their marriage wherein
  111  the real property is or was their marital home or an interest
  112  therein. Taxes paid pursuant to this section shall be refunded
  113  in those cases in which a deed, transfer, or conveyance occurred
  114  1 year before a dissolution of marriage. This subsection applies
  115  in spite of any consideration as defined in subsection (1). This
  116  subsection does not apply to a deed, transfer, or conveyance
  117  executed before July 1, 1997.
  118         (8) Taxes imposed by this section do not apply to a
  119  contract to sell the residence of an employee relocating at his
  120  or her employer's direction or to documents related to the
  121  contract, which contract is between the employee and the
  122  employer or between the employee and a person in the business of
  123  providing employee relocation services. In the case of such
  124  transactions, taxes apply only to the transfer of the real
  125  property comprising the residence by deed that vests legal title
  126  in a named grantee.
  127         (9) A certificate of title issued by the clerk of court
  128  under s. 45.031(5) in a judicial sale of real property under an
  129  order or final judgment issued pursuant to a foreclosure
  130  proceeding is subject to the tax imposed by subsection (1).
  131  However, the amount of the tax shall be computed based solely on
  132  the amount of the highest and best bid received for the property
  133  at the foreclosure sale. This subsection is intended to clarify
  134  existing law and shall be applied retroactively.
  135         (10)(a) In recognition of the special escrow requirements
  136  that apply to sales of timeshare interests in timeshare plans
  137  pursuant to s. 721.08, tax on deeds or other instruments
  138  conveying any interest in Florida real property which are
  139  executed in conjunction with the sale by a developer of a
  140  timeshare interest in a timeshare plan is due and payable on the
  141  earlier of the date on which:
  142         1. The deed or other instrument conveying the interest in
  143  Florida real property is recorded; or
  144         2. All of the conditions precedent to the release of the
  145  purchaser's escrowed funds or other property pursuant to s.
  146  721.08(2)(c) have been met, regardless of whether the developer
  147  has posted an alternative assurance. Tax due pursuant to this
  148  subparagraph is due and payable on or before the 20th day of the
  149  month following the month in which these conditions were met.
  150         (b)1. If tax has been paid to the department pursuant to
  151  subparagraph (a)2., and the deed or other instrument conveying
  152  the interest in Florida real property with respect to which the
  153  tax was paid is subsequently recorded, a notation reflecting the
  154  prior payment of the tax must be made upon the deed or other
  155  instrument conveying the interest in Florida real property.
  156         2. Notwithstanding paragraph (a), if funds are designated
  157  on a closing statement as tax collected from the purchaser, but
  158  a default or cancellation occurs pursuant to s. 721.08(2)(a) or
  159  (b) and no deed or other instrument conveying interest in
  160  Florida real property has been recorded or delivered to the
  161  purchaser, the tax must be paid to the department on or before
  162  the 20th day of the month following the month in which the funds
  163  are available for release from escrow unless the funds have been
  164  refunded to the purchaser.
  165         (c) The department may adopt rules to administer the method
  166  for reporting tax due under this subsection.
  167         Section 2. This act shall take effect upon becoming a law.