Florida Statute 201.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 201
EXCISE TAX ON DOCUMENTS

View Entire Chapter

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: District Court of Appeal of Florida | Date Filed: 2022-09-14

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: Supreme Court of Florida | Date Filed: 2020-06-04

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: Supreme Court of Florida | Date Filed: 2020-03-25

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: Supreme Court of Florida | Date Filed: 2020-03-19

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: District Court of Appeal of Florida | Date Filed: 2015-01-21

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

Timmons v. Ingrahm

Court: District Court of Appeal of Florida | Date Filed: 2010-06-04

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: District Court of Appeal of Florida | Date Filed: 2003-07-09

Citation: 855 So. 2d 106, 2003 WL 21536736

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

Snyder v. Davis

Court: Supreme Court of Florida | Date Filed: 1997-09-18

Citation: 699 So. 2d 999, 1997 WL 576037

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

Walker v. Mickler

Court: District Court of Appeal of Florida | Date Filed: 1997-01-31

Citation: 687 So. 2d 1328, 1997 WL 35013

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

American National Bank of Florida v. Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 1992-02-13

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

Bartelt v. Bartelt

Court: District Court of Appeal of Florida | Date Filed: 1991-05-07

Citation: 579 So. 2d 282, 1991 WL 72015

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

Pelullo v. Intercontinental Bank

Court: District Court of Appeal of Florida | Date Filed: 1991-01-22

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(1)(b)

NCNB National Bank of Florida v. Department of Revenue

Court: District Court of Appeal of Florida | Date Filed: 1988-04-13

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

Branford State Bank v. Hackney Tractor Co.

Court: District Court of Appeal of Florida | Date Filed: 1984-08-23

Citation: 455 So. 2d 541, 39 U.C.C. Rep. Serv. (West) 1134, 9 Fla. L. Weekly 1834, 1984 Fla. App. LEXIS 14884

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: District Court of Appeal of Florida | Date Filed: 1982-11-10

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

Florida Dept. of Corrections v. BLOUNT, ETC.

Court: District Court of Appeal of Florida | Date Filed: 1982-03-18

Citation: 411 So. 2d 930, 33 U.C.C. Rep. Serv. (West) 912, 1982 Fla. App. LEXIS 19512

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

In Re Estate of Rice

Court: District Court of Appeal of Florida | Date Filed: 1981-09-29

Citation: 406 So. 2d 469

Snippet: 513(1), Florida Statutes (1977) [compare Section 731.201(9), Florida Statutes (1977)], it was the death of

Milnes v. General Elec. Credit Corp.

Court: District Court of Appeal of Florida | Date Filed: 1979-11-20

Citation: 377 So. 2d 725, 27 U.C.C. Rep. Serv. (West) 1428

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

State, Department of Revenue v. Miami National Bank

Court: Supreme Court of Florida | Date Filed: 1979-06-07

Citation: 374 So. 2d 1, 1979 Fla. LEXIS 4683

Snippet: promissory note from documentary stamp tax under section 201.09, Florida Statutes (1975). State of Florida Department

Borg-Warner Acceptance Corp. v. Atlantic Bank of West Orlando

Court: District Court of Appeal of Florida | Date Filed: 1978-10-18

Citation: 364 So. 2d 35, 25 U.C.C. Rep. Serv. (West) 1451, 1978 Fla. App. LEXIS 16474

Snippet: good faith purchaser. We disagree. Section 671.201(9) defines a buyer in the ordinary course of business