Florida Statute 201.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 201
EXCISE TAX ON DOCUMENTS

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F.S. 201.09

201.09 Renewal of existing promissory notes and mortgages; exemption.—

(1) When any promissory note is given in renewal of any existing promissory note, which renewal note only extends or continues the identical contractual obligations of the original promissory note and evidences part or all of the original indebtedness evidenced thereby, not including any accumulated interest thereon and without enlargement in any way of the original contract and obligation, such renewal note shall not be subject to taxation under this chapter if such renewal note has attached to it the original promissory note with the proper notation thereon as required by s. 201.133. In order to be exempt from taxation under this section, a renewal note evidencing a term obligation shall not be executed by any person other than the original obligor and must renew and extend only the unpaid balance of the original contract and obligation. In order to be exempt from taxation under this section, a renewal note evidencing a revolving obligation shall not be executed by any person other than the original obligor and must renew and extend no more than the original face amount of the original contract and obligation. A renewal note evidencing a term obligation which increases the unpaid balance of the original contract and obligation but which otherwise meets the exemption criteria of this section is taxable only on the face amount of the increase. A renewal note evidencing a revolving obligation which increases the original face amount of the original contract and obligation but which otherwise meets the exemption criteria of this section is taxable only on the amount of the increase.

(2) When any mortgage, trust deed, security agreement, or other evidence of indebtedness evidences a promissory note which would not be subject to taxation pursuant to subsection (1), then such mortgage, trust deed, security agreement, or other evidence of indebtedness shall not be subject to taxation under this chapter.

(3) A note given in renewal of an adjustable rate note or mortgage which has an initial interest rate adjustment interval of not less than 6 months shall be subject to taxation only to the extent of any accrued interest upon which taxes have not previously been paid, notwithstanding the provisions contained in subsection (1).

History.—s. 1, ch. 19068, 1939; CGL 1940 Supp. 1279(118); s. 7, ch. 79-350; s. 8, ch. 82-83; s. 9, ch. 83-267; s. 8, ch. 83-311; s. 11, ch. 90-132; s. 9, ch. 96-395; s. 3, ch. 97-123; s. 1, ch. 98-187.

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Amendments to 201.09

Arrestable Offenses / Crimes under Fla. Stat. 201.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 201.09.

Annotations, Discussions, Cases:

Cases Citing Statute 201.09

Total Results: 20

SANTANA EQUESTRIAN PRIVATE FINANCIAL, LLC v. TIFFANY RICHTMYER

Court: Fla. Dist. Ct. App. | Date Filed: 2022-09-14T00:53:00-07:00

Snippet: own usual or customary practices. § 671.201(9), Fla. Stat. (2020). As explained in Carlsen

Advisory Opinion to the Attorney General Re: Prohibits Possession of Defined Assault Weapons

Court: Fla. | Date Filed: 2020-06-04T00:53:00-07:00

Snippet: requirements of section 101.161(1), Florida Statutes (201[9]).” Advisory Op. to Att’y Gen. re Voter Control

Advisory Opinion to the Attorney General Re: All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Court: Fla. | Date Filed: 2020-03-25T00:53:00-07:00

Snippet: requirements of section 101.161(1), Florida Statutes (201[9]).” Advisory Op. to Att’y Gen. re Voter Control

Advisory Opinion to the Attorney General Re: All Voters Vote in Primary Elections for State Legislature, Governor, and Cabinet

Court: Fla. | Date Filed: 2020-03-19T00:53:00-07:00

Snippet: requirements of section 101.161(1), Florida Statutes (201[9]).” Advisory Op. to Att’y Gen. re Voter Control

CCM Pathfinder Palm Harbor Management, LLC v. Unknown Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, or other of Norman W. Gendron

Court: Fla. Dist. Ct. App. | Date Filed: 2015-01-20T23:53:00-08:00

Snippet: Labs., Inc., 863 So. 2d 201, -9- 208 (Fla

Timmons v. Ingrahm

Court: Fla. Dist. Ct. App. | Date Filed: 2010-06-04T00:00:00-07:00

Citation: 36 So. 3d 861, 2010 Fla. App. LEXIS 7714, 2010 WL 2217637

Snippet: descendants but excludes collateral heirs. § 731.201(9), Fla. Stat. (2007). Adopted children come within

Ernie Passeos, Inc. v. O'HALLORAN

Court: Fla. Dist. Ct. App. | Date Filed: 2003-07-09T00:53:00-07:00

Citation: 855 So. 2d 106

Snippet: in ordinary course of business.'" § 671.201(9), Fla. Stat. (1997). Keller alleges that the sale

Miles v. Hyman

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-06T23:53:00-08:00

Citation: 836 So. 2d 1097

Snippet: Jurisdiction Act in 1979. Ark.Code Ann. §§ 9-13-201 to 9-13-227 (1979). Arkansas repealed the UCCJA when

Snyder v. Davis

Court: Fla. | Date Filed: 1997-09-18T00:53:00-07:00

Citation: 699 So. 2d 999

Snippet: decedent." Devisees are defined in section 731.201(9) as persons "designated in a will to receive

Walker v. Mickler

Court: Fla. Dist. Ct. App. | Date Filed: 1997-01-30T23:53:00-08:00

Citation: 687 So. 2d 1328

Snippet: decedent." Devisees are defined in section 731.201(9) as persons "designated in a will to receive

Vegas v. Globe SEC.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-11-21T23:53:00-08:00

Citation: 627 So. 2d 76

Snippet: Statutes, the definition of "wages." Ch. 90-201, § 9, Laws of Fla.; Ch. 91-1, § 7, Laws of Fla. She

American National Bank of Florida v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-13T00:00:00-08:00

Citation: 593 So. 2d 1173, 1992 Fla. App. LEXIS 1242, 1992 WL 25875

Snippet: did not qualify for tax exemption under Section 201.09, Florida Statutes (1985), and therefore affirm.…obligations to pay money and the renewal of same. Section 201.09 provides an exemption from the documentary stamp…taxpayer seeking to shelter itself under the section 201.09 exemption, had the burden to establish its entitlement

Bartelt v. Bartelt

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-07T00:53:00-07:00

Citation: 579 So. 2d 282

Snippet: decedent." Devisees are defined in section 731.201(9) as persons "designated in a will to receive

Pelullo v. Intercontinental Bank

Court: Fla. Dist. Ct. App. | Date Filed: 1991-01-22T00:00:00-08:00

Citation: 573 So. 2d 193, 1991 Fla. App. LEXIS 380, 1991 WL 4347

Snippet: PER CURIAM. Affirmed. § 201.09(1), Fla.Stat. (1989); Fla.Admin.Code Rule 12B-4.053(29), 12B-4.054

NCNB National Bank of Florida v. Department of Revenue

Court: Fla. Dist. Ct. App. | Date Filed: 1988-04-13T00:00:00-07:00

Citation: 523 So. 2d 738, 1988 Fla. App. LEXIS 1559, 1988 WL 32906

Snippet: documentary stamp tax under provisions of section 201.09, Florida Statutes (1983). We conclude that the …note. In its order, the trial court cites section 201.09(1) which provides in pertinent part: When any promissory…stamp taxes provided the other criteria of chapter 201.09(1) are met. Appellee argues that the renewal note

Branford State Bank v. Hackney Tractor Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-08-23T00:53:00-07:00

Citation: 455 So. 2d 541

Snippet: business of selling goods of that kind. Section 671.201(9). [2] Section 679.301, Florida Statutes (1983),

In re Estate of Herman

Court: Fla. Dist. Ct. App. | Date Filed: 1982-11-10T00:00:00-08:00

Citation: 427 So. 2d 195, 1982 Fla. App. LEXIS 22277

Snippet: between the definition of “devisee” in section 731.-201(9),4 Florida Statutes (1977) and the term “residuary…legislature, and not literally with section 731.201(9), as such clearly was not the legislative intent…intended to refer to trustees as used in section 731.201(9), but to beneficiaries as used in section 731.201…devi-sees” of the residue pursuant to section 731.201(9), they still would not be the “residuary devisees…their interests in the residue. . Section 731.201(9), Florida Statutes (1977), provides: “Devisee” means

Florida Dept. of Corrections v. BLOUNT, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-03-17T23:53:00-08:00

Citation: 411 So. 2d 930

Snippet: being passed. Correria, at 24. Under Section 671.201(9), a "buyer in ordinary course of business"

In Re Estate of Rice

Court: Fla. Dist. Ct. App. | Date Filed: 1981-09-29T00:53:00-07:00

Citation: 406 So. 2d 469

Snippet: ), Florida Statutes (1977) [compare Section 731.201(9), Florida Statutes (1977)], it was the death of

Milnes v. General Elec. Credit Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-11-19T23:53:00-08:00

Citation: 377 So. 2d 725

Snippet: kind, but does not include a pawnbroker. § 671.201(9), Fla. Stat. (1977). We see no conflict between