Florida Statutes
Fla. Stat. § 199.133 (2025)
Levy of nonrecurring tax.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
199.133 Levy of nonrecurring tax.—
(1) A one-time nonrecurring tax of 2 mills is hereby imposed on each dollar of the just valuation of all notes, bonds, and other obligations for payment of money which are secured by mortgage, deed of trust, or other lien upon real property situated in this state. This tax shall be assessed and collected as provided by this chapter.
(2) The nonrecurring tax shall apply to a note, bond, or other obligation for payment of money only to the extent it is secured by mortgage, deed of trust, or other lien upon real property situated in this state. Where a note, bond, or other obligation is secured by personal property or by real property situated outside this state, as well as by mortgage, deed of trust, or other lien upon real property situated in this state, then the nonrecurring tax shall apply to that portion of the note, bond, or other obligation which bears the same ratio to the entire principal balance of the note, bond, or other obligation as the value of the real property situated in this state bears to the value of all of the security; however, if the security is solely made up of personal property and real property situated in this state, the taxpayer may elect to apportion the taxes based upon the value of the collateral, if any, to which the taxpayer by law or contract must look first for collection. In no event shall the portion of the note, bond, or other obligation which is subject to the nonrecurring tax exceed in value the value of the real property situated in this state which is the security.
Notes of Decisions
Cited in 6
cases, 1994–2014 · leading case: West Flagler Assocs., Ltd. v. Dep't of Revenue, 633 So. 2d 555 (Fla. 3d DCA 1994).
West Flagler Assocs., Ltd. v. Dep't of Revenue, 633 So. 2d 555 (Fla. 3d DCA 1994). “The question before us is whether section 199.133, Florida Statutes (1989), applies to an unconditional guaranty which is secured by a mortgage on real property located in this state.”
Nikooie v. JPMorgan Chase Bank, N.A., 183 So. 3d 424 (Fla. 3d DCA 2014). “” § 199.133(1), Fla. Stat. (2005). The practical effect of this law, as it exists today, is to make the imposition of an intangible tax and a documentary tax on the participants to a mortgage transaction identical.”
Nussbaum v. Mortg. Serv. Am. Co., 913 F. Supp. 1548 (S.D. Fla. 1995). “It was enacted, “for the purpose of clarifying and confirming the existing authority of mortgage lenders, under applicable law and practice, to pass on to borrowers and mortgagors the nonrecurring tax imposed pursuant to section 199.133, Florida Statutes.” Fla.Legis.”
Great W. Bank v. Shoemaker, 695 So. 2d 805 (Fla. 2d DCA 1997). “4th DCA 1995), that Florida's intangible tax, section 199.133, Florida Statutes (1995), may be excluded from the finance charge because it is prescribed by law, paid to public officials, and is necessary for the perfection of a security interest.”
First Coast Cmty. Bank v. Cheshire Contractors of Nassau, Inc., 863 So. 2d 362 (Fla. 1st DCA 2003). “The required taxes on a mortgage are set by other statutes, such as section 199.133, Florida Statutes, without limitation as to the amount.”
Sleiman v. Comm'r, 1997 T.C. Memo. 530 (Tax Ct. 1997). “The documentary *639 stamp tax is levied on mortgages, trust deeds, or other evidences of indebtedness filed or recorded in the State of Florida. Fla.”
— 199.133(1) — 2 cases
Nikooie v. JPMorgan Chase Bank, N.A., 183 So. 3d 424 (Fla. 3d DCA 2014). “” § 199.133(1), Fla. Stat. (2005). The practical effect of this law, as it exists today, is to make the imposition of an intangible tax and a documentary tax on the participants to a mortgage transaction identical.”
West Flagler Assocs., Ltd. v. Dep't of Revenue, 633 So. 2d 555 (Fla. 3d DCA 1994). “The question before us is whether section 199.133, Florida Statutes (1989), applies to an unconditional guaranty which is secured by a mortgage on real property located in this state.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.