Florida Senate - 2018                                     SB 312
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00392-18                                            2018312__
    1                        A bill to be entitled                      
    2         An act relating to the excise tax on documents;
    3         amending s. 201.02, F.S.; providing an exception,
    4         under certain circumstances, from the tax on deeds or
    5         other instruments transferring or conveying homestead
    6         property or interests in homestead property between
    7         spouses; providing applicability; conforming
    8         provisions to changes made by the act; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (7) of section 201.02, Florida
   14  Statutes, is amended to read:
   15         201.02 Tax on deeds and other instruments relating to real
   16  property or interests in real property.—
   17         (7) Taxes imposed by this section do not apply to:
   18         (a) A deed, transfer, or conveyance between spouses or
   19  former spouses pursuant to an action for dissolution of their
   20  marriage wherein the real property is or was their marital home
   21  or an interest therein. Taxes paid pursuant to this section
   22  shall be refunded in those cases in which a deed, transfer, or
   23  conveyance occurred 1 year before a dissolution of marriage.
   24  This paragraph subsection applies in spite of any consideration
   25  as defined in subsection (1). This paragraph subsection does not
   26  apply to a deed, transfer, or conveyance executed before July 1,
   27  1997.
   28         (b) A deed or other instrument that transfers or conveys
   29  homestead property or any interest in homestead property only
   30  between spouses, if the only consideration for the transfer or
   31  conveyance is the amount of a mortgage or other lien encumbering
   32  the homestead property at the time of the transfer or conveyance
   33  and if the transfer or conveyance is recorded within 1 year
   34  after the date of the marriage. This paragraph applies to
   35  transfers or conveyances from one spouse to another, from one
   36  spouse to both spouses, or from both spouses to one spouse.
   37         Section 2. This act shall take effect July 1, 2018.