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Florida Statute 201.21 - Full Text and Legal Analysis Florida Statute 201.21 | Lawyer Caselaw & Research
Fla. Stat. § 201.21 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
1201.21 Notes and other written obligations exempt under certain conditions.
(1) There shall be exempt from all excise taxes imposed by this chapter all promissory notes, nonnegotiable notes, and other written obligations to pay money bearing date subsequent to July 1, 1955, hereinafter referred to as “principal obligations,” when the maker thereof shall pledge or deposit with the payee or holder thereof pursuant to any agreement commonly known as a wholesale warehouse mortgage agreement, as collateral security for the payment thereof, any collateral obligation or obligations, as hereinafter defined, provided all excise taxes imposed by this chapter upon or in respect to such collateral obligation or obligations shall have been paid. If the indebtedness evidenced by any such principal obligation shall be in excess of the indebtedness evidenced by such collateral obligation or obligations, the exemption provided by this subsection shall not apply to the amount of such excess indebtedness; and, in such event, the excise taxes imposed by this chapter shall apply and be paid only in respect to such excess of indebtedness of such principal obligation. The term “collateral obligation” as used in this subsection means any note, bond, or other written obligation to pay money secured by mortgage, deed of trust, or other lien upon real or personal property. The pledging of a specific collateral obligation to secure a specific principal obligation, if required under the terms of the agreement, shall not invalidate the exemption provided by this subsection. The temporary removal of the document or documents representing one or more collateral obligations for a reasonable commercial purpose, for a period not exceeding 60 days, shall not invalidate the exemption provided by this subsection.
(2) There shall be exempt from all excise taxes imposed by this chapter all non-interest-bearing promissory notes, non-interest-bearing nonnegotiable notes, or non-interest-bearing written obligations to pay money, or assignments of salaries, wages, or other compensation made, executed, delivered, sold, transferred, or assigned in the state, and for each renewal of the same, of $3,500 or less, when given by a customer to an alarm system contractor, as defined in s. 489.505, in connection with the sale of an alarm system as defined in s. 489.505.
History.s. 1, ch. 29981, 1955; s. 8, ch. 79-350; s. 86, ch. 81-259; ss. 20, 21, ch. 2024-158.
1Note.Section 21, ch. 2024-158, provides that “[t]he amendments to s. 201.21, Florida Statutes, made by this act shall stand repealed on June 30, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. If such amendments are not saved from repeal, the text of s. 201.21, Florida Statutes, shall revert to that in existence on June 30, 2024, except that any amendments to such text other than by this act shall be preserved and continue to operate to the extent that such amendments are not dependent upon the portions of text which expire pursuant to this section.” Effective June 30, 2027, s. 201.21, as amended by s. 21, ch. 2024-158, will read:

201.21 Notes and other written obligations exempt under certain conditions.There shall be exempt from all excise taxes imposed by this chapter all promissory notes, nonnegotiable notes, and other written obligations to pay money bearing date subsequent to July 1, 1955, hereinafter referred to as “principal obligations,” when the maker thereof shall pledge or deposit with the payee or holder thereof pursuant to any agreement commonly known as a wholesale warehouse mortgage agreement, as collateral security for the payment thereof, any collateral obligation or obligations, as hereinafter defined, provided all excise taxes imposed by this chapter upon or in respect to such collateral obligation or obligations shall have been paid. If the indebtedness evidenced by any such principal obligation shall be in excess of the indebtedness evidenced by such collateral obligation or obligations, the exemption provided by this section shall not apply to the amount of such excess indebtedness; and, in such event, the excise taxes imposed by this chapter shall apply and be paid only in respect to such excess of indebtedness of such principal obligation. The term “collateral obligation” as used in this section means any note, bond, or other written obligation to pay money secured by mortgage, deed of trust, or other lien upon real or personal property. The pledging of a specific collateral obligation to secure a specific principal obligation, if required under the terms of the agreement, shall not invalidate the exemption provided by this section. The temporary removal of the document or documents representing one or more collateral obligations for a reasonable commercial purpose, for a period not exceeding 60 days, shall not invalidate the exemption provided by this section.

Cases Citing F.S. 201.21

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·Florida Dept. of Revenue v. De Maria, 338 So. 2d 838 (Fla. 1976).

Cited 7 times | Published | Supreme Court of Florida

stamp tax statute, 26 U.S.C.A. § 4361, and of Section 201.021, Florida Statutes, with the language of Section
1 red0 yellow5 green0 procedural
Superseded(citing case) (2004)
phrase: "superseded by"
Cited as authority(citing case) (2005)
phrase: "rule_authority"
Cited as authority(citing case) (2004)
phrase: "rule_authority"
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·Dep't of Revenue v. Young Am. Builders, 358 So. 2d 1096 (Fla. 1st DCA 1978).

Cited 5 times | Published | Florida 1st District Court of Appeal

therefore the tax shall be thirty cents. * * *" F.S. 201.021 provides in material part: "A documentary surtax
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Per curiam affirmedADH (1983)
phrase: "per curiam affirmed"
Per curiam affirmedA.D.H. (1983)
phrase: "per curiam affirmed"
Cited as authorityJones (1979)
phrase: "rule_authority"
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·Dep't of Rev. v. Brookwood Assoc., Ltd., 324 So. 2d 184 (Fla. 1st DCA 1975).

Cited 8 times | Published | Florida 1st District Court of Appeal

documentary *185 stamp surtax imposed by F.S. § 201.021 is computed when the purchase price includes a
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Cited as authority(citing case) (1981)
phrase: "rule_authority"
Cert. denied(citing case) (1982)
phrase: "cert. denied"
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·Leadership Hous., Inc. v. DEPARTMENY OF REVENUE, 336 So. 2d 1239 (Fla. 4th DCA 1976).

Cited 5 times | Published | Florida 4th District Court of Appeal

201.02, Florida Statutes. The surtax imposed by § 201.021, however, was paid only on the amount of cash
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Cited as authorityBunkley (2004)
phrase: "rule_authority"
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·Silver Springs Shores, Inc. v. Florida Dep't of Revenue, 366 So. 2d 1182 (Fla. Dist. Ct. App. 1978).

Published | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 17260

consideration on deeds and other documents, and Section 201.021(1) permitting a documentary surtax on such
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Cited as authority(citing case) (2016)
phrase: "rule_authority"
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·Indian River Orange Groves, Inc. v. Dickinson, 238 So. 2d 125 (Fla. Dist. Ct. App. 1970).

Published | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5903

payable pursuant to the requirements of F.S. Section 201.021, F.S.A. This issue was not resolved by the
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Cited as authority(citing case) (1990)
phrase: "rule_authority"
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Andean Inv. Co. v. State, Dep't of Revenue, 370 So. 2d 377 (Fla. 1st DCA 1978).

Published | Florida 1st District Court of Appeal | 1978 Fla. App. LEXIS 17291

part thereof of the consideration therefor. Section 201.021: (1) A documentary surtax, in addition to the
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Rasberry v. Dickinson, 243 So. 2d 236 (Fla. Dist. Ct. App. 1971).

Published | District Court of Appeal of Florida | 1971 Fla. App. LEXIS 5394

relationship to the surtax levied pursuant to F.S. Section 201.021, F.S.A. Under this latter statute the consideration
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Dep't of Revenue v. Mesmer, 345 So. 2d 384 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15817

therefor. (2) * * * (3) * * * ” (Emphasis supplied.) § 201.021 imposes a surtax on the documents covered by §

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