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Florida Statute 201.9 - Full Text and Legal Analysis
Florida Statute 201.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 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.

F.S. 201.09 on Google Scholar

F.S. 201.09 on CourtListener

Amendments to 201.09


Annotations, Discussions, Cases:

Cases Citing Statute 201.09

Total Results: 14

Ironworkers Local Union 68 v. Astrazeneca Pharmaceuticals, LP

634 F.3d 1352, 2011 U.S. App. LEXIS 4960, 2011 WL 833222

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2011 | Docket: 570022

Cited 113 times | Published

jurisdiction." (emphasis added)); 73 Pa.Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right

Leroy Freeman v. Richard S. Schweiker, Secretary of Health and Human Services

681 F.2d 727, 1982 U.S. App. LEXIS 17021

Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 1982 | Docket: 498158

Cited 61 times | Published

See 20 C.F.R. § 201.00 (1981). Section 201.09 warrants classifying the claimant as disabled

John Broz v. Richard S. Schweiker, Secretary of Health & Human Services, a Department of the United States Government, Richard D. Holmes v. Richard S. Schweiker, the Secretary of Health and Human Services, Corrine Little v. Richard S. Schweiker, Secretary of the Department of Health and Human Services, Thomas O. Jones v. Richard S. Schweiker, Secretary, Department of Health and Human Services, Fred Soesbe v. Richard S. Schweiker, Secretary of Health and Human Services

677 F.2d 1351, 1982 U.S. App. LEXIS 18658

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 1982 | Docket: 465049

Cited 44 times | Published

Compare 20 C.F.R. part 404, subpart P, Appendix 2 § 201.09 with id. at § 201.18. See, e.g., Cummins v. Schweiker

Turk v. St. Petersburg Bank and Trust Company

281 So. 2d 534, 13 U.C.C. Rep. Serv. (West) 383

District Court of Appeal of Florida | Filed: Jul 25, 1973 | Docket: 1676558

Cited 28 times | Published

the first note and that by complying with F.S. § 201.09, F.S.A., further stamps would be unnecessary.

State, Department of Revenue v. McCoy Motel, Inc.

302 So. 2d 440

District Court of Appeal of Florida | Filed: Oct 31, 1974 | Docket: 1745407

Cited 7 times | Published

constituted an exempt renewal note within the meaning of § 201.09, Florida Statutes. The trial court rejected appellee's

Broz v. Schweiker

677 F.2d 1351

Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 1982 | Docket: 66191809

Cited 1 times | Published

Compare 20 C.F.R. part 404, subpart P, Appendix 2 § 201.09 with id. at § 201.18. See, e.g., Cummins v. Schweiker

Prophet v. INTERNATIONAL LIFESTYLES, INC.

778 F. Supp. 2d 1358, 2011 U.S. Dist. LEXIS 41341, 2011 WL 1388576

District Court, S.D. Florida | Filed: Mar 31, 2011 | Docket: 2015240

Published

and First Fitness. (D.E. 224 & 227.) [2] Section 201-9.2 of the UTPCPL provides in pertinent part that

Ironworkers Local Union 68 v. Astrazeneca Phar.

Court of Appeals for the Eleventh Circuit | Filed: Mar 11, 2011 | Docket: 2906509

Published

” (emphasis added)); 73 Pa. Cons. Stat. Ann. § 201-9.2(a) (West 2010) (creating a similar private right

American National Bank of Florida v. Department of Revenue

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

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 64665380

Published

question did not qualify for tax exemption under Section 201.09, Florida Statutes (1985), and therefore affirm

Pelullo v. Intercontinental Bank

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

District Court of Appeal of Florida | Filed: Jan 22, 1991 | Docket: 64655901

Published

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

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

District Court of Appeal of Florida | Filed: Apr 13, 1988 | Docket: 64634207

Published

from documentary stamp tax under provisions of section 201.09, Florida Statutes (1983). We conclude that

Mickler v. Maranatha Realty Associates, Inc. (In re Mickler)

20 B.R. 346, 1982 Bankr. LEXIS 4205

United States Bankruptcy Court, M.D. Florida | Filed: May 3, 1982 | Docket: 65778175

Published

expenses for lenders as well as borrowers. Section 201.09, Florida Statutes does not require documentary

State, Department of Revenue v. Miami National Bank

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

Supreme Court of Florida | Filed: Jun 7, 1979 | Docket: 64571559

Published

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

State Department of Revenue v. Miami National Bank

354 So. 2d 84, 1977 Fla. App. LEXIS 17285

District Court of Appeal of Florida | Filed: Dec 23, 1977 | Docket: 64562367

Published

it fell within the exemption provisions of Section 201.09, Florida Statutes; hence this appeal by the