The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 199
INTANGIBLE PERSONAL PROPERTY TAXES

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F.S. 199.133

199.133 Levy of nonrecurring tax.—

(1) A one-time nonrecurring tax of 2 mills is hereby imposed on each dollar of the just valuation of all notes, bonds, and other obligations for payment of money which are secured by mortgage, deed of trust, or other lien upon real property situated in this state. This tax shall be assessed and collected as provided by this chapter.

(2) The nonrecurring tax shall apply to a note, bond, or other obligation for payment of money only to the extent it is secured by mortgage, deed of trust, or other lien upon real property situated in this state. Where a note, bond, or other obligation is secured by personal property or by real property situated outside this state, as well as by mortgage, deed of trust, or other lien upon real property situated in this state, then the nonrecurring tax shall apply to that portion of the note, bond, or other obligation which bears the same ratio to the entire principal balance of the note, bond, or other obligation as the value of the real property situated in this state bears to the value of all of the security; however, if the security is solely made up of personal property and real property situated in this state, the taxpayer may elect to apportion the taxes based upon the value of the collateral, if any, to which the taxpayer by law or contract must look first for collection. In no event shall the portion of the note, bond, or other obligation which is subject to the nonrecurring tax exceed in value the value of the real property situated in this state which is the security.

History.—s. 10, ch. 85-342; s. 10, ch. 2006-312.

F.S. 199.133 on Google Scholar

F.S. 199.133 on Casetext

Amendments to 199.133

Arrestable Offenses / Crimes under Fla. Stat. 199.133

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 199.133.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NIKOOIE, v. JPMORGAN CHASE BANK, N. A., 183 So. 3d 424 (Fla. Dist. Ct. App. 2014)

. . . .” § 199.133(1), Fla. Stat. (2005). . . .

FIRST COAST COMMUNITY BANK, v. CHESHIRE CONTRACTORS OF NASSAU, INC. D. C., 863 So. 2d 362 (Fla. Dist. Ct. App. 2003)

. . . The required taxes on a mortgage are set by other statutes, such as section 199.133, Florida Statutes . . .

GREAT WESTERN BANK, a f k a v. D. SHOEMAKER,, 695 So. 2d 805 (Fla. Dist. Ct. App. 1997)

. . . Great Western Bank, 664 So.2d 1011 (Fla. 4th DCA 1995), that Florida’s intangible tax, section 199.133 . . .

A. NUSSBAUM, P. v. MORTGAGE SERVICE AMERICA COMPANY,, 913 F. Supp. 1548 (S.D. Fla. 1995)

. . . This clarifying amendment provides that, “[w]ith respect to the nonrecurring tax imposed pursuant to § 199.133 . . . and practice, to pass on to borrowers and mortgagors the nonrecurring tax imposed pursuant to section 199.133 . . .

CENTRAL FLORIDA INVESTMENTS, INC. v. DEPARTMENT OF REVENUE, STATE OF FLORIDA,, 652 So. 2d 1162 (Fla. Dist. Ct. App. 1995)

. . . While CFI pays the intangible tax pursuant to sections 199.133-199.135, Florida Statutes, it contends . . .

RODASH, v. AIB MORTGAGE COMPANY,, 16 F.3d 1142 (11th Cir. 1994)

. . . . § 199.133(1) (West 1989). . . .

WEST FLAGLER ASSOCIATES, LTD. IHA, BHH, v. DEPARTMENT OF REVENUE FOR STATE OF FLORIDA,, 633 So. 2d 555 (Fla. Dist. Ct. App. 1994)

. . . The question before us is whether section 199.133, Florida Statutes (1989), applies to an unconditional . . . When the mortgage was recorded, West Flagler paid intangible personal property tax under section 199.133 . . . When the mortgage was recorded, West Fla-gler paid intangible personal property tax under section 199.133 . . . Subsection 199.133(1), Florida Statutes (1989), provides: A one-time nonrecurring tax of 2 mills is hereby . . . That being so, the two guaranties here at issue are not within the scope of section 199.133, Florida . . .