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 otherinstruments, or documents 18 relating to real property or interests in real property.— 19 (1)(a) On deeds, instruments, or documents in which 20writingswherebyany lands, tenements, or other real property, 21 or any interest therein, isshall begranted, 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 thereforthe taxshall 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;andthe 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.