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Florida Statute 198.02 | Lawyer Caselaw & Research
F.S. 198.02 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 198.02

The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 198
ESTATE TAXES
View Entire Chapter
F.S. 198.02
198.02 Tax upon estates of resident decedents.A tax is imposed upon the transfer of the estate of every person who, at the time of death, was a resident of this state, the amount of which shall be a sum equal to the amount by which the credit allowable under the applicable federal revenue act for estate, inheritance, legacy, and succession taxes actually paid to the several states exceeds the aggregate amount of all constitutionally valid estate, inheritance, legacy, and succession taxes actually paid to the several states of the United States (other than this state) in respect of any property owned by such decedent or subject to such taxes as a part of or in connection with his or her estate. All values shall be as finally determined for federal estate tax purposes.
History.s. 3, ch. 16015, 1933; CGL 1936 Supp. 1342(83); s. 1, ch. 71-202; s. 3, ch. 82-38; s. 1032, ch. 95-147.

F.S. 198.02 on Google Scholar

F.S. 198.02 on Casetext

Amendments to 198.02


Arrestable Offenses / Crimes under Fla. Stat. 198.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 198.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

YOUNG, v LEWIS, FLORIDA DEPARTMENT OF REVENUE, 32 Fla. Supp. 2d 72 (Fla. Cir. Ct. 1989)

. . . mandated by Article VII, Section 5(a) of the Constitution of the State of Florida and reexpounded in § 198.02 . . . Section 198.02, Fla. Stats. . . .

DELLA- DONNA, Sr. v. DEPARTMENT OF REVENUE, A., 485 So. 2d 859 (Fla. Dist. Ct. App. 1986)

. . . Pursuant to the provisions of Section 5(a), Article VII of the Florida Constitution and Section 198.02 . . . In conformance with this constitutional provision, Section 198.02, Florida Statutes (1981) provides for . . .

DEPARTMENT OF REVENUE, v. A. GOOD, Jr. a k a C., 398 So. 2d 938 (Fla. Dist. Ct. App. 1981)

. . . In the implementation of the Constitution, the Legislature has enacted Section 198.02, Florida Statutes . . . Section 198.02 and Section 198.03 are similar. . . . It is settled, pursuant to Section 198.02, that Florida may exact a tax upon an estate of a resident . . . Because of the similarity Section 198.03 (non-residents) bears to Section 198.02 (residents), a like . . . The rule is set forth in full, infra. . 198.02 Tax upon estates of resident decedents. — A tax is imposed . . .

In CUMMINS, FIRST NATIONAL EXCHANGE BANK, v. CUMMINS,, 11 B.R. 222 (Bankr. E.D. Tenn. 1981)

. . . dormant since the sale of the restaurant and, prior to the erroneous deposit, had a balance of only $198.02 . . .

E. COCKRELL, L. v. A. LEWIS,, 389 So. 2d 307 (Fla. Dist. Ct. App. 1980)

. . . Section 198.02,' Florida Statutes (1977). . . . In the present case, the ‘credit allowable’ for purposes of Section 198.02, Florida Statutes (1977) is . . . Section 198.02, Florida Statutes (1971) the applicable statute here, says: A tax is imposed upon the . . .

ESTATE BUSH, J. Jr. H. Co- v. UNITED STATES, 618 F.2d 741 (Ct. Cl. 1980)

. . . . § 198.02 (West Supp. 1979). . . .

ESTATE OF EDYTH BUSH, DECEASED, BY CLARENCE J. BASSLER, JR. H. CLIFFORD LEE, AND COMBANK WINTER PARK, AS CO- EXECUTORS v. THE UNITED STATES, 223 Ct. Cl. 161 (Ct. Cl. 1980)

. . . . § 198.02 (West Supp. 1979). . . .

F. FINLEY, B. v. UNITED STATES, 612 F.2d 166 (5th Cir. 1980)

. . . . § 198.02 (West Supp.1979), could and would be paid. . . .

DEPARTMENT OF REVENUE v. L. GOLDER,, 326 So. 2d 409 (Fla. 1976)

. . . Section 198.02, Florida Statutes, enacted by the Legislature of Florida in 1971 (Chapter 71-202, Laws . . . In essence, Section 198.02, Florida Statutes, provides that the estates of resident decedents shall be . . . decision in the Green case involved whether the Legislature had authorized such a levy under Section 198.02 . . . Thereafter, the Legislature in 1971 amended Section 198.02, Florida Statutes, to provide for a tax which . . . As applied to the particular facts of this case, Section 198.02 would have the effect of increasing the . . .

DEPARTMENT OF REVENUE v. L. GOLDER,, 322 So. 2d 1 (Fla. 1975)

. . . Chapter 71-202, Laws of Florida, now appearing as Section 198.02, Fla.Stat. (1973). . . . .

O. DICKINSON, Jr. v. MAURER, L., 229 So. 2d 247 (Fla. 1969)

. . . The constitutional provision above quoted is implemented by Florida Statute § 198.02, F.S.A., which is . . . The Comptroller’s Office states it computes this tax based on Florida Statute § 198.02, F.S.A., supra . . .

ESTATE OF FRANKS v. COMMISSIONER OF REVENUE, 31 Fla. Supp. 206 (Leon Cty. Cir. Ct. 1969)

. . . The constitutional provisions above quoted have been implemented by the legislature by §198.02, Florida . . . aforementioned last amendment of §11, article IX, of the Florida Constitution (1930) and the enactment of §198.02 . . .

E. GREEN, v. STATE H. PHIPPS, C. E. GREEN, v. STATE MASON,, 166 So. 2d 585 (Fla. 1964)

. . . The Court also finds that Section 198.02, Florida Statutes [F.S.A.], properly construed, does not levy . . .