The 2023 Florida Statutes (including Special Session C)
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. . . that the party would be entitled to obtain relief in court (1 Weinstein-Korn-Miller, NY Civ Prac para. 201.02 . . .
. . . Saltzburg et al., FEDERAL RULES OF EVIDENCE MANUAL § 201.02[3], at 201-08 ("[A] court can take judicial . . .
. . . Capra, Federal Rules of Evidence Manual § 201.02[3] at 201-7 (10th Ed. 2011)("The reliability of judicial . . . See Saltzburg, Federal Rules of Evidence Manual § 201.02[3], at 201-8 ("[A] court can take judicial notice . . . Hogan, 453 F.3d at 1265 n.24 ; Saltzburg, Federal Rules of Evidence Manual § 201.02[3], at 201-8 ("[A . . .
. . . City of Arlington, Texas Personnel Manual, § 201.02.A, http://www. arlington-tx.gov/employment/wp-content . . .
. . . Saltzburg et al., Federal Rules of Evidence Manual § 201.02[3] (9th ed. 2006); 1 Weinstein & Berger, . . . See 21B Graham, supra, § 5106.4; 1 Saltzburg, supra, § 201.02[3]; see also Rogers v. . . .
. . . Code § 2-201.02 et seq., Plaintiff Strittmatter Metro, LLC (“Stritt-matter”) seeks to collect against . . . Code § 2-201.02(a). . . . Code § 2-201.02(b). . . .
. . . D.C.Code §§ l-201.02(a), l-206.02(a) (2012). . . . relieve Congress of the burden of legislating upon essentially local District matters,” D.C.Code § l-201.02 . . .
. . . D.C.Code §§ 1-201.02(a), 1-206.02(a) (2012). . . . relieve Congress of the burden of legislating upon essentially local District matters,” D.C.Code § l-201.02 . . .
. . . Weinstein on Evidence § 201.02[1], Pursuant to 28 U.S.C. § 2641(a), “the Federal Rules of Evidence shall . . . States, 152 U.S. 211, 221-22, 14 S.Ct. 513, 516-17, 38 L.Ed. 415 (1894); 10 Moore’s Federal Practice § 201.02 . . . See Weinstein on Evidence § 201.02[2j. . . .
. . . . § 24-201.02. . . .
. . . would result, as the ALJ correctly noted at the hearing, in a finding of disability under Grid Rule 201.02 . . .
. . . Florida Statute § 201.02 states that a transfer tax of 70 cents shall apply on each $100 of consideration . . .
. . . Also, the magistrate judge determined that under D.C.Code § 2-201.02, any action had to be initiated . . . Thus, a suit had to be brought by March 29, 2013 under D.C.Code § 2-201.02 as well as under the Payment . . . Accordingly, D.C.Code § 2-201.02 is immaterial because the terms of the Payment Bond apply, absent any . . .
. . . Code § 4-201.02(a); see also 42 U.S.C. § 1396a(a)(3). . . .
. . . Code § l-201.02(a). . . .
. . . bond, which was secured pursuant to the District of Columbia’s Little Miller Act (DCLMA), D.C.Code § 2-201.02 . . . respective scopes of application of sections of the three statutes implicated in this case—namely, § 2-201.02 . . . The DCLMA The DCLMA, D.C.Code § 2-201.02 et seq., is modeled after the federal Miller Act, 40 U.S.C. . . . See § 3131(b); D.C.Code § 2-201.02(a). . . . See 40 U.S.C. § 3133; see also D.C.Code § 2-201.02(a). . . .
. . . . § 201.02. . . .
. . . Central to this case is Florida Statute § 201.02, which requires the grantor in a real estate transaction . . .
. . . Saltzburg, et al., Military Rules of Evidence Manual § 201.02[2], at 2-3 (7th ed. 2011). Mil. R. . . .
. . . First, he cites D.C.Code § 24-201.02(a), redesignated as D.C.Code § 24-401.02(a), which provides: The . . .
. . . While it is true that Congress delegated legislative powers to the Council, see D.C.Code §§ 1-201.02, . . .
. . . See 20 C.F.R., Part 404, Subpart P, Appendix 2 § 201.02 (indicating that an individual at an advanced . . .
. . . Id. at 343 (citing Rule 201.02 in Appendix 2 to Subpart P of 20 C.F.R. part 404). . . .
. . . Because the principal balance of a mortgage is taxable consideration under section 201.02(1), Florida . . . The Department relies on section 201.02(1) for the proposition that the principal balance of a mortgage . . . Section 201.02(1) levies a tax on deeds conveying an interest in real property: On deeds, instruments . . . Here, section 201.02(1) is clear and unambiguous; mortgages are forms of taxable consideration. . . . The principal amount of the mortgages brings the transactions within the scope of section 201.02(1). . . .
. . . . §§ 201.01, 201.02(1) (2006). . . .
. . . . §§ 201.01, 201.02(1) (2006). . . .
. . . dwelling unit and must be recorded in the office of the clerk of the circuit court as required by s. 201.02 . . .
. . . Code § l-201.02(a). . . .
. . . The documentary stamp tax as applied to deeds conveying real property is set out in section 201.02(1) . . . not have been required to pay the tax because it was not a purchaser of real property under section 201.02 . . . We again considered the application of section 201.02(1) in Florida Department of Revenue v. . . . Post-1990 Amendment In 1990, the Florida Legislature amended section 201.02(1), listing potential sources . . . Following the 1990 amendment to section 201.02(1), conflict has developed among the Florida district . . .
. . . Berger, Weinstein’s Federal Evidence § 201.02[4] (2d ed.2004) (footnotes omitted). . . .
. . . THE DOCUMENTARY STAMP TAX STATUTE Section 201.02(1), Florida Statutes (2000), provides: On deeds, instruments . . . ISSUES ON APPEAL PMR’s liability for the documentary stamp tax turns on whether under section 201.02 . . . The Department argues that under section 201.02(1) the transfer of encumbered property necessarily results . . . thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02 . . . Under section 201.02(1), “consideration includes ... the amount of any mortgage ... whether or not the . . .
. . . . § 1-201.02. . . .
. . . Thus the Debtor’s obligations to the Plaintiffs for $121.02 in checks now totaled $201.02. . . .
. . . See § 201.02(1), Fla. Stat. (2000). . . . In 1990, Section 201.02(1) was amended and a statutory definition for “consideration” was added. . . . This Court has not yet applied the amended Section 201.02(1). . . . Section 201.02(1) does not limit consideration to money, stock, or debt relief. . . . See § 201.02(1), Fla. Stat. (2000). . . .
. . . Orders 201.02 (1.2-1.3)(Sept. 1, 1996); http:// www.adc.state.az. us:80/Policies/201 .htm. . . . Department Order 201.02 farther generally prohibits ADOC from volunteering disclosure of "non-confidential . . .
. . . by the District of Columbia Council, and are therefore subject to Congressional review, 1 D.C.Code § 201.02 . . .
. . . our sister court in Kuro that the father and son were not purchasers within the meaning of section 201.02 . . . thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02 . . . The Department denied a refund, asserting the 1990 amendment to section 201.02, Florida Statutes, indicated . . . Muben-Lamar asserted it was not a purchaser within the purview of section 201.02 and no consideration . . .
. . . Section 201.02(1) clearly provides that the amount of an encumbrance which survives a conveyance, is . . . Taxes are not due under section 201.02(1) where a deed merely corrects an error and no new purchaser . . . Section 201.02(1) requires a purchaser and consideration before documentary stamp taxes are due, and . . . While the language of section 201.02(1) provides for the imposition of documentary stamp taxes where . . . There were no new, additional or previously nonexistent encumbrances as contemplated by section 201.02 . . .
. . . 10 pounds occasionally with no limit on standing, walking, or sitting (Tr. at 31)), Rules 202.02 and 201.02 . . .
. . . Section 201.02(1), Florida Statutes (1993), provides that a purchaser of real estate is required to pay . . . Section 201.02(1) further provides: For purposes of this section, consideration includes, but is not . . . According to DOR rules promulgated pursuant to section 201.02(1), “ ‘[property other than money’ includes . . . Both of the foregoing rules reference the presumption set forth in section 201.02(1), that consideration . . . Section 201.02(1) applies to transfers of real estate for consideration to a “purchaser.” . . . . § 201.02(1), Fla. Stat. (1993). There was no purchaser here. . . . estate, the transfer is a “mere book” transaction and there is no “purchaser” for purposes of section 201.02 . . . that “the consideration is equal to the fair market value of the real property or interest therein,” § 201.02 . . . And without either a purchaser or consideration, there is no tax liability under section 201.02(1). . . . .
. . . Section 201.02. Brown adjusted its bid accordingly. . . . this contract had a minimum diameter of nine inches, the same size as that specified in subsection 201.02 . . . Section 201.02 provided that: The Forest Service is conducting a timber sale prior to the date that the . . .
. . . mortgage, which the Department of Revenue interprets as being “consideration” for purposes of subsection 201.02 . . . individually and as a class action, challenging the Department of Revenue’s interpretation of subsection 201.02 . . . Subsection 201.02(1), Florida Statutes (1993), states: On deeds, instruments, or writings whereby any . . .
. . . mortgage was not affected, Westring paid a documentary stamp tax, as purportedly required by section 201.02 . . . SCHWARTZ, C.J., and NESBITT, J., concur. . § 201.02 Tax on deeds and other instruments relating to real . . . that the consideration is equal to the fair market value of the real property or interest therein. § 201.02 . . .
. . . Id. at 946 n. 3 (citing 10 Moore’s Federal Practice § 201.02(1)). . . .
. . . The Department argues that it correctly assessed documentary stamp taxes pursuant to section 201.02, . . . Under the controlling statute, section 201.02(1), consideration includes, but is not limited to the money . . .
. . . The Department relies on that part of section 201.02(1), Florida Statutes (1991), which defines “consideration . . .
. . . Applying the grids (Rules 201.10 and 201.02), the Appeals Council found the plaintiff to be disabled . . . Under the grids (Rules 201.02 and 201.10), the plaintiff is also disabled for purposes of disability . . .
. . . P, App. 2 § 201.02 (1988). . . .
. . . Moore, Federal Practice, § 201.02[1] (1988). . . .
. . . property contained in section 193.001(12) is confirmed by a comparison of that section with section 201.02 . . .
. . . Rules 201.01 and 201.02 indicate a finding of disabled for claimants whose RFC is limited to sedentary . . .
. . . , the magistrate wrote, then the skills were not transferable, thus she is disabled under Grid Rule 201.02 . . .
. . . income housing, provides as follows: Such surtax shall apply only to those documents taxable under s. 201.02 . . .
. . . United States, 152 U.S. 211, 221-22 (1894); 10 Moore’s Federal Practice §201.02(1) (2nd Ed. 1988 & Supp . . .
. . . States, 152 U.S. 211, 221-22, 14 S.Ct. 513, 516-17, 38 L.Ed. 415 (1894); 10 Moore’s Federal Practice § 201.02 . . .
. . . P, Appendix 2, Table No. 1: Rules 201.02, 201.04 and 201.-06. . . .
. . . age, limited education, and did not have any transferable skills, and was thus disabled under Rule 201.02 . . .
. . . I of App. 2, Pt. 404, Rule 201.02, indicates that plaintiff is disabled. . . .
. . . Secretary of Health & Human Services, 735 F.2d 962, 964 (6th Cir. 1984) (citing Rule 201.02). . . .
. . . advanced age, limited education, and past semi-skilled, skills not transferable work experience, Rule 201.02 . . .
. . . Section 201.02(1), Florida Statutes (1979). . . . In pertinent part section 201.02, Florida Statutes (1979) provides: 201.02 Tax on deeds and other instruments . . .
. . . Rules 201.02 and 202.02 direct the finding that a claimant with those qualifications is to be found disabled . . .
. . . If we go by the original testimony that he had a high school education it’s either 201.02 or 20Í.04 whether . . . ATT: It’s 04 or 06 if he has a high school diploma and it’s 201.02 if he does not. AU: Um-hum. . . .
. . . and work experience, that he was disabled pursuant to section 404.1569 of Regulations No. 4 and Rule 201.02 . . . Rule 201.02 is not located in Table No. 2, rather it is located in Table No. 1, which is the Table applicable . . .
. . . tenements or other realty, or any interest therein ” (emphasis supplied), subject to tax under Section 201.02 . . . Moreover, the use by the Legislature of the term “realty, or any interest therein” in Section 201.02, . . .
. . . Rule Age Education Experience Decision 201.01 Advanced age Limited or less Unskilled or none Disabled 201.02 . . .
. . . Inasmuch as the Court determines that Plaintiff has acquired no transferrable skills, Rule 201.02 directs . . . P., App. 2, Table 1, Rule 201.02. . . .
. . . Rule_Age_Education_Previous Work Experience_Decision 201.01 Advanced age Limited or less Unskilled or none Disabled 201.02 . . .
. . . Rule 201.02, which applies to claimants with a residual functional capacity for sedentary work, advanced . . .
. . . If the skills are transferable, he is not disabled (Rules 202.02, 202.03, 201.02, 201.03). . . .
. . . See e.g., Rules 201.01-201.02 and 202.01-202.02, App. 2, Subpart P, S.S.Reg. No. 4. . . . Rules 201.02 and 202.02 mandate a conclusion of disabled for an individual of advanced age and limited . . .
. . . Instead the Secretary should have applied Rule 201.02 which would have directed a conclusion that Richardson . . . In fact, application of the appropriate rule under the medical-vocational guidelines, Rule 201.02, requires . . .
. . . Part 404, Subpart P, Appendix 2, Rule 201.02. . . .
. . . . § 42-201.02(G), (H). . . .
. . . accepted the deed from his grantor, to pay the excise tax on deeds then required of purchasers by section 201.02 . . .
. . . Compare Rules 201.02 and 201.03 with 202.-02 and 202.03. . . . Rules 201.01, 201.02, 202.01, 202.-02. . . .
. . . Under Rule 201.02 of the Medical-Vocational Guidelines, 20 C.F.R. . . .
. . . Subpart P, App. 2, Rules 201.01, 201.02, 202.01 & 202.02 (1979). . . .
. . . remove such a contract from the documentary excise tax on transfers of realty imposed under Section 201.02 . . . Chapter 201, Fla.Stat., and collects that tax on contracts for the sale of standing timber under Section 201.02 . . . contracts for the sale of standing timber remain liable for the documentary excise tax imposed by Section 201.02 . . . contracts for the sale of standing timber are subject to the documentary excise tax provisions of Section 201.02 . . . timber attached to the complaint herein is liable for the documentary excise tax imposed by Section 201.02 . . .
. . . Rule Age Education Experience Decision 201.01 Advanced Age Limited or Less Unskilled or None Disabled 201.02 . . .
. . . In Re Dunn, 251 F.Supp. 637, 641 (M.D.Ga.1966); 10 Moore’s Federal Practice ¶201.02[1] at 20-21. . . .
. . . the department’s authority to levy and collect the documentary stamp taxes provided for by sections 201.02 . . .
. . . judgment of the circuit court of Broward County holding the documentary stamp tax set forth in section 201.02 . . . (2), Florida Statutes (1977), could only be applied prospectively and further holding section 201.02( . . . We reverse the holding of the trial court that section 201.02(3) is unconstitutional for violation of . . . Subsequently, the legislature adopted section 201.02(2) in 1970 and section 201.02(3) in 1971 requiring . . . in lands” since 1931 and the adoption of sections 201.02(2) and 201.02(3) merely clarified the predecessor . . .
. . . transfer for consideration to require the payment of documentary stamp tax and surtax under Sections 201.02 . . . and 201.021, Florida Statutes (1975): Section 201.02: (l)On deeds, instruments, or writings whereby . . . Section 201.021: (1) A documentary surtax, in addition to the tax levied in s. 201.02, is levied on those . . . documents taxed by s. 201.02 at the rate of 55 cents per $500 of the consideration paid; provided, that . . .
. . . of an interest in land which may be subject to the purview of the Documentary Stamp Tax Act, Section 201.02 . . .
. . . Section 201.02, Fla.Stat. (1959), provided that documentary stamps in the amount of $.20 per $100.00 . . .
. . . event, the decision of an ALJ is a proper subject of judicial notice (see 10 Moore’s Federal Practice § 201.02 . . .
. . . payments subsequent to the assignment, constitutes taxable consideration under the provisions of Section 201.02 . . . Section 201.02(1) imposes a documentary stamp tax on instruments which convey an interest in real property . . . A lease is a conveyance of an interest in land within the purview of Section 201.02(1), however, leases . . . form a reasonably determinable consideration upon which to found a documentary stamp tax under Section 201.02 . . .
. . . as not being validly authorized by the Florida Documentary Stamp Tax statutes, specifically Section 201.02 . . .
. . . documentary stamp tax, and that a 100% penalty was owed for failure to apply such tax stamps under Sections 201.02 . . .
. . . The trial judge held that the rule exceeds the limits established by F.S. 201.02 and 201.021. . . . F.S. 201.02, so far as is material here, provides: “On deeds, instruments, or writings whereby any lands . . . Florida Statutes, Sections 201.01, 201.02 and 201.021, relating to imposition of a documentary stamp . . . Rule 12A-4.13(22) exceeds the limitations stated in Florida Statutes, Sections 201.02 and 201.021, and . . . Florida Statutes, Sections 201.02 and 201.021 limit the amount of consideration upon which the tax is . . .
. . . Rule 201.02 Admission of Attorneys for Purposes of a Particular Case. . . .
. . . conveyance, constituted the consideration necessary to invoke the documentary stamp tax under Section 201.02 . . . the Department miscalculated the amount of the consideration subject to the tax imposed by Section 201.02 . . . This penalty is to be in addition to, and not in lieu of any other penalty imposed by law.” . § 201.02 . . .
. . . . shifting of the economic burden and benefit which supplies the consideration required by Section 201.02 . . . Finding that Petitioner was not a purchaser for consideration within the meaning of Section 201.02, Florida . . . CROSS and LETTS, JJ., concur. . “201.02 Tax on deeds and other instruments relating to lands, etc.— ( . . .
. . . in particular circumstances, and the assignment does not constitute a taxable transaction under §§ 201.02 . . . We disagree and reverse. § 201.02, Fla.Stat. (1975), provides in pertinent part as follows: “Tax on deeds . . . (2) * * * (3) * * * ” (Emphasis supplied.) § 201.021 imposes a surtax on the documents covered by § 201.02 . . .
. . . or not a certain transfer by quit claim deed is subject to documentary stamps, pursuant to Section 201.02 . . . purchasers,” and did not pay a “reasonably determinable”, “consideration” . as contemplated by Sec. 201.02 . . . Green entailed a mere book transaction and was not a sale to a ‘purchaser’ as contemplated by Section 201.02 . . . this shifting of the economic burden and benefit which supplies the consideration required by Section 201.02 . . .
. . . Secs. 120.68, 201.02, P.S. 1975. . . .
. . . shareholder, when the transferee satisfies the purchase money mortgage payments, is taxable under Section 201.02 . . . , petitioner, from attempting to collect the documentary stamp tax and penalty pursuant to Sections 201.02 . . . court held that the deed in question was not subject to the documentary stamp tax imposed by Section 201.02 . . . purchasers,’ and did not pay a ‘reasonably determinable’, ‘consideration’ . as contemplated by Sec. 201.02 . . . Since Chapter 201, Florida Statutes, does not define the term “purchaser” as it is used in Section 201.02 . . .
. . . . § 201.02 and § 201.17 are not applicable to the subject matter of the conveyance upon which the Department . . .
. . . deed the documentary stamp taxes were computed and paid on the full purchase price pursuant to Section 201.02 . . . to land; land acquisition trust fund.— (1) A documentary surtax, in addition to the tax levied in § 201.02 . . . , is levied on those documents taxed by § 201.02 at the rate of fifty-five cents per five hundred dollars . . .