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Florida Statute 198.01 - Full Text and Legal Analysis
Florida Statute 198.01 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE
Chapter 198
ESTATE TAXES
View Entire Chapter
198.01 Definitions.When used in this chapter the term, phrase or word:
(1) “Department” means the Department of Revenue.
(2) “Personal representative” means the executor, administrator, or curator of the decedent, or, if there is no executor, administrator, or curator appointed, qualified, and acting, then any person who is in the actual or constructive possession of any property included in the gross estate of the decedent or any other person who is required to file a return or pay the taxes due under any provision of this chapter.
(3) “Person” means persons, corporations, associations, joint stock companies, and business trusts.
(4) “Transfer” shall be taken to include the passing of property or any interest therein, in possession or enjoyment, present or future, by inheritance, descent, devise, succession, bequest, grant, deed, bargain, sale, gift, or appointment in the manner herein described.
(5) “Decedent” shall include the testator, intestate, grantor, bargainor, vendor, or donor.
(6) “Resident” means a natural person domiciled in the state.
(7) “Nonresident” means a natural person domiciled without the state.
(8) “Gross estate” means the gross estate as determined under the provisions of the applicable federal revenue act.
(9) “Net estate” means the net estate as determined under the provisions of the applicable federal revenue act.
(10) “Tangible personal property” means corporeal personal property, including money.
(11) “Intangible personal property” means incorporeal personal property including deposits in banks, negotiable instruments, mortgages, debts, receivables, shares of stock, bonds, notes, credits, evidences of an interest in property, evidences of debt and choses in action generally.
(12) “United States” when used in a geographical sense includes only the 50 states and the District of Columbia.
(13) “Generation-skipping transfer” means every transfer subject to the federal generation-skipping transfer tax in which transfer the original transferor is a resident of this state at the date of original transfer or the property transferred is real or personal property in this state.
(14) “Original transferor” means any grantor, donor, trustor, or testator who by grant, gift, trust, or will makes a transfer of real or personal property that results in a federal generation-skipping transfer tax.
(15) “Federal generation-skipping transfer tax” means the tax imposed by chapter 13 of the Internal Revenue Code of 1986, as amended.
History.s. 2, ch. 16015, 1933; CGL 1936 Supp. 1342(81); ss. 21, 35, ch. 69-106; s. 44, ch. 71-377; s. 1, ch. 80-153; s. 3, ch. 89-356.

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Amendments to 198.01


Annotations, Discussions, Cases:

Cases Citing Statute 198.01

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State v. Oldack, 283 So. 2d 73 (Fla. 2d DCA 1973).

Cited 3 times | Published | Florida 2nd District Court of Appeal

F. Supp. 98. [5] Restatement (Second), Torts § 198(1) (1965). See also Prosser, Law of Torts 121-123
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Atl. Coast Line R.R. v. Benedict Pineapple Co., 52 Fla. 165 (Fla. 1906).

Published | Supreme Court of Florida

common law. See Andrews’ Stephen’s Pl. 382, Section 198; 1 Chitty’s Pl. (16th Am. Ed.) 261, and authorities
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Snook v. Trust Co. of Georgia Bank of Savannah, N.A., 909 F.2d 480 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit | 1990 WL 110120

distribution of the returned' monies. See id. § 198(1) comment b & illustrations 2, 3, 4 (noting that