Florida/Georgia Personal Injury & Workers Compensation

§ 3(b)(1), Fla. Const. [2] Model Penal Code, § 201.2, Comments at 39 (Tent.Draft No. 9, 1959). [3]

Relief, 2005, Pub.L. 109-13, div. B, tit. II, § 201-02, 119 Stat. 231, 311-15 (2005). [17] Because Lightbourne

satisfies the definition of “security procedure” in § 201. 2. “Security Procedure” as Defined in § 201 The

...ion is also supported by the record. The shifting of economic benefit and burden when the taxpayer took subject to the various mortgages at the time of the conveyance, constituted the consideration necessary to invoke the documentary stamp tax under Section 201.02(1), Florida Statutes (1975)....

...Florida Department of Revenue v. De Maria, 338 So.2d 838 (Fla. 1976); Kendall House Apartments, Inc. v. Department of Revenue, 245 So.2d 221 (Fla. 1971). However, the Department miscalculated the amount of the consideration subject to the tax imposed by Section 201.02(1), Florida Statutes (1975)....

...o: (a) Purchase of the stamps not affixed; and (b) Payment of penalty to the Department of Revenue equal to the purchase price of the stamps not affixed. This penalty is to be in addition to, and not in lieu of any other penalty imposed by law." [2] § 201.02(1), Fla....

...ught a judical declaration of the duty or liability of appellant, a trustee, with respect to documentary stamp taxes on certain short-term (two-and three-year)leases. Turning now to the Dundee case, we seem to have blended the provisions of Sections 201.02 and 201.08, although one relates to a “tax on deeds and other instruments -relating to lands, etc.,” the other to a “tax on promissory notes, written obligations to pay money, assignments of wages, etc.” We did unmistakably, as the Cha...

2 — Public Parking Decks (a) As defined in Section 201.2, Public Parking Decks may be constructed of

see also Restatement (Second) of Contracts § 201(2) (1981). In this case we have two private

...The property was sold subject to an outstanding mortgage of $493,705.68. Taxes were paid on both deeds based upon the $650,000.00 cash consideration. The State claimed that a balance of $1,481.40 in regular documentary stamp taxes remained owing on the deeds under Florida Statutes § 201.02, F.S.A....

...he documentary stamp taxes were paid. In response to the additional assessment by the State, the relator paid the tax under protest and made requisition for refund, which requisition was formally denied by the Department of Revenue. Florida Statutes § 201.02, F.S.A....

...he rate of thirty cents for each one hundred dollars, or fractional part thereof, of the consideration therefor." The question before us is whether "consideration" for the purpose of measuring the amount of documentary tax due under Florida Statutes § 201.02 F.S.A., includes the value of an outstanding mortgage on the property, which mortgage is not expressly assumed by the buyer, although the property is sold subject to the mortgage. We agree with the contention of respondents herein that the clear purpose of Florida *223 Statutes § 201.02, F.S.A....

...resented by the mortgage in order to prevent the loss of the property to the same extent as those persons acquiring property "assuming and agreeing to pay" the mortgage. In the instant case, the concept of "consideration" as used in Florida Statutes § 201.02, F.S.A....

...liable to said documentary stamp tax, that then, and in any such case or cases, the Court may enter a decree finding and declaring the amount of the tax liability. The final decree held that the leases were within the provisions of Section *Page 797 201.02 , F.S....

...the said lease for said store for the further term of two years beginning September 1st, 1943, as in said lease set forth. * * *" This Court has already determined in this case, De Vore v. Lee, supra, that leases as a class come within the terms of Section 201.02 , F.S. 1941, F.S.A., and said Section levies a documentary stamp tax measured by the consideration as follows: " 201.02 ....

...interest therein, shall be granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser, or any other person by his direction, on each one hundred dollars of the consideration therefor the tax shall be ten cents; * * *." Sec. 201.02 , F.S.A. It is an accepted statutory construction principle that laws imposing taxes should be liberally construed for the taxpayers. Section 201.02 , F.S.A., imposed a tax of 10 cents on "each one hundred dollars * * * of the consideration therefor." The position of the appellant is that: "The statute (Sec. 201.02 ) imposes the tax upon instruments which grant, transfer or otherwise convey an interest in land to a `purchaser' for a `consideration.' Therefore, even if a lease for years be a conveyance or transfer of an interest in real estate, it is not within the purview of Section 201.02 , because it is not a conveyance made to a `purchaser' for a `consideration.' The term `consideration' is used in this section of the statute in the sense of `purchase price.' "Rent is not the purchase price or consideration for a conv...

...confined to the actual monetary considerations or to considerations which have a reasonably determinable pecuniary value. The sole considerations passing to the lessors for the leases were executory considerations. Such leases were not taxable under Section 201.02 , F.S....

...The deed was recorded, and CMC paid $1,212,750 in documentary stamp tax, which was comprised of the state documentary stamp tax and a Dade County documentary surtax. The documentary stamp tax as applied to deeds conveying real property is set out in section 201.02(1), Florida Statutes (2003), which states: On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested i...

...After paying this tax, CMC filed for a refund of the documentary stamp tax, but the Florida Department of Revenue (DOR) denied the application. CMC filed suit *915 and asserted that it should not have been required to pay the tax because it was not a purchaser of real property under section 201.02(1)....

...The Third District held that the deed in the present case was subject to the documentary stamp tax because there was consideration for the conveyance, and the value of that consideration was reasonably determinable as being equal to the fair market value of the property under the 1990 amendment to section 201.02(1)....

...ved an increase in the value of their interest in Kuro, Inc., by transferring property to the corporation. The Second District, however, did not hold Kuro, Inc., accountable for the documentary stamp tax because the company was not a purchaser under section 201.02(1)....

...Id. We granted jurisdiction because of this express and direct conflict between Crescent and Kuro. ANALYSIS The issue to be resolved in the present case is whether the conveyance of property from a grantor to its wholly owned grantee is taxable under section 201.02(1), Florida Statutes....

...s the transaction was not subject to the documentary stamp tax. Id. at 495. The transaction was termed "a mere book transaction" and was "in no sense a sale to a `purchaser' as contemplated by" the statute. Id. We again considered the application of section 201.02(1) in Florida Department of Revenue v....

...equity in the real property—that portion of the property not subject to the mortgage—because that transfer "was a mere change in form of the stockholder's equity in the corporation." Id. Post-1990 Amendment In 1990, the Florida Legislature amended section 201.02(1), listing potential sources of consideration in a conveyance of real property....

...12B-4.013(7). Similarly, when the value of an interest in a partnership is increased by a conveyance of real property to the partnership, this transaction is also subject to the tax. Fla. Admin. Code R. 12B-4.013(10). Following the 1990 amendment to section 201.02(1), conflict has developed among the Florida district courts as to how to impose the statute on transactions conveying property between grantors and their wholly owned companies....

...In Kuro, as stated above, the Second District held that the documentary stamp tax did not apply to a transfer of property from two sole stockholders to their corporation. 713 So.2d at 1022. The Second District considered the DOR rules on transfers to corporations and the 1990 amendment to section 201.02(1), but held that the shareholders had rebutted the presumption that the stock issued to them was consideration valued as equal to the fair market value of the condominiums transferred....

...rring). *918 We granted review in Muben-Lamar on the basis of its conflict with Kuro, but we subsequently dismissed review. Muben-Lamar, L.P. v. Fla. Dep't of Revenue, 789 So.2d 337 (Fla.2001). Analysis of Present Case Although the 1990 amendment to section 201.02(1) added three nonexclusive definitions of consideration, as well as providing a means of assessing the value of nonmonetary consideration, we hold that there is nothing in the statute that indicates any intent or attempt to alter the interpretations of the statute in Palmer-Florida or De Maria....

...Thus, "a mere change in form of the stockholder's equity in the corporation" is not sufficient consideration to meet the statute's requirements. De Maria, 338 So.2d at 840. Furthermore, since there is no consideration for such transfers and thus no "exchange in value," there is no purchaser. Id. The plain language of section 201.02(1), even following the 1990 amendments, did not eliminate the requirements of consideration and purchaser that existed at the time of our decisions in Palmer-Florida and De Maria....

...on or purchaser in the transaction, just a "mere change in form of the stockholder's equity in the corporation." De Maria, 338 So.2d at 840. The Third District and the DOR also rely on the rules promulgated by the DOR following the 1990 amendment to section 201.02(1)....

...nions are to be followed. CONCLUSION We conclude that the transfer of property between a grantor and its wholly owned grantee, absent any exchange of value, is without consideration or a purchaser and thus not subject to the documentary stamp tax in section 201.02(1)....

rules and regulations thereunder. 17 C.F.R. § 201.2(e)(1) (1994). Sheldon’s argument lacks merit. “[A]n

...d in Alachua County. The primary issue in the case is whether the amount of an outstanding first mortgage constitutes part of the consideration for the conveyance of property upon which the amount of the documentary *185 stamp surtax imposed by F.S. § 201.021 is computed when the purchase price includes a certain amount of cash and a purchase money wrap-around mortgage which wraps around an existing first mortgage and is subject to said first mortgage....

...partnership named Brookwood Terrace Apartments. This property, known as Brookwood Terrace Apartments, was sold for a total purchase price of $2,460,000. To the warranty deed of conveyance the plaintiff attached documentary tax stamps, pursuant to F.S. 201.02 in the amount of $7,380. This reflects a tax of 30 [cents] per $100 of a consideration of $2,460,000. There were also attached documentary surtax stamps, pursuant to F.S. 201.021 in the amount of $506 which reflects a surtax of 55 [cents] per $500 on the sum of $460,000, which sum is based upon a total consideration of $2,460,000 less the amount of $2,000,000 which is the amount of the debt secured by a certain fir...

...o the holder of the first mortgage the amounts due under the first mortgage. "(e) On or about November 21, 1973, defendant informed plaintiff that an assessment in the amount of $2,200 was due and owing on the documentary surtax stamps pursuant to F.S. 201.021 and that in addition a penalty assessment in a like amount was made pursuant to F.S. 201.17(2), for a total sum of $4,400. "(f) Defendant contends that the surtax should apply also the the $2,000,000 of the first mortgage debt included in the total consideration. Plaintiff asserts that the plain terms and language of F.S. 201.02(1) exclude all `amounts of existing mortgages on the real estate sold' from the consideration paid as the surtax of 55 [cents] per $500. *186 "(g) The defendant has adopted regulations as part of the Florida Administrative Code which purports, in effect, to discard `wrap-around' mortgages as coming within the proviso of F.S. 201.021 which states: `that when real estate is sold, the consideration for purposes of this tax, shall not include amounts of existing mortgages on the real estate sold'....

...See Regulations 12A-4.12(3), (4), and 12A-4.13(23)." Based on the foregoing facts, the trial court made the following conclusions of law: "3. The defendants announced an intention of making a deficiency assessment with penalty and such is based upon a concept that the `consideration' upon which the basic tax (F.S. 201.02) is based and that of the surtax (F.S. 201.021) is the same in both instances and includes the amounts involved in the first mortgage referred to in a wraparound mortgage. It is well established that the `consideration' in F.S. 201.02(1) includes all sums paid or agreed to be paid by the purchaser of the land, not only the amount paid at the time the transaction was closed, but also any amount which he would be required to pay in liquidation of all indebtedness owed to a mortgagee, without any deduction for value of outstanding liens or mortgages....

...Dickenson [ Dickinson ], DCA 1 1971, 243 So.2d 236. See also Indian River Groves, Inc. v. Dickenson [ Dickinson ], Fla. [App.] 1970, 238 So.2d 125; Kendall House Apts. v. DOR, Fla. 1971, 245 So.2d 221. No contention is made to the contrary by the plaintiff and the tax imposed by 201.02(1) is admittedly based on a consideration which includes the mortgage debt outstanding. The language of 201.02(1) provides that the `consideration' for the execution of the deed or other instrument of conveyance shall be the basis for computing the tax. No mention is made of liens, mortgages or other interests which may be outstanding. However, the language of F.S. 201.021 is quite different....

...ation to be paid off by the payee of the later note was not allowed to be deducted in computing the amount of the obligation on which the tax is computed. This case is not in point and deals with statutory provisions not at all similar to those in F.S. 201.021. "5. In the Rasberry case, supra, wherein the tax under F.S. 201.02 was held to be based upon the full consideration, including any amount the purchaser of real property would be obligated to pay in liquidation of outstanding indebtedness to a mortgagee, the Court specifically distinguished F.S. 201.02 from F.S. 201.021. It was said: `In so holding, it should be emphasized that the documentary stamp tax with *187 which we are concerned is that levied by virtue of F.S. Section 201.02, F.S.A., based upon a full consideration paid for the conveyance of lands, and has no relationship to the surtax levied pursuant to F.S. Section 201.021, F.S.A....

...order denying its motion to dismiss, for lack of subject matter jurisdiction and improper venue, an action initiated by appellees James S. and Patricia A. Crisp. *405 Appellees brought this action for a declaratory judgment alleging that Fla. Stat. § 201.02 and § 201.17 are not applicable to the subject matter of the conveyance upon which the Department assessed additional documentary stamp taxes and that Fla....

...The question presented for our decision is whether the transfer of real property, subject *839 to an outstanding mortgage, from a corporation to its sole shareholder, when the transferee satisfies the purchase money mortgage payments, is taxable under Section 201.02, Florida Statutes....

...e purpose of satisfying the $60,000 purchase money mortgage. Taxpayer filed a class action complaint to enjoin the Florida Department of Revenue (DOR), petitioner, from attempting to collect the documentary stamp tax and penalty pursuant to Sections 201.02 and 201.17, Florida Statutes....

...After the issues were framed by the pleadings and discovery was completed, both parties filed motion for summary judgment. By order dated March 11, 1975, taxpayer's motion for summary judgment was granted. The trial court held that the deed in question was not subject to the documentary stamp tax imposed by Section 201.02, Florida Statutes....

...accordingly reduced upon transfer. This Court held that ". . the deed in question did not require documentary stamps because the grantees were not `purchasers,' and did not pay a `reasonably determinable', `consideration'... as contemplated by Sec. 201.02, Florida Statutes, F.S.A......

...." The courts below concluded that Kendall House, supra, and Rasberry v. Dickinson, 243 So.2d 236 (Fla. 1st DCA 1971), also relied upon by DOR, were distinguishable from Green, supra, because Green entailed a mere book transaction and was not a sale to a "purchaser" as contemplated by Section 201.02, Florida Statutes....

...ose persons acquiring property `assuming and agreeing to pay' the mortgage." Kendall House Apts., Inc. v. Dept. of Revenue, Fla., 245 So.2d 221, 223. It is this shifting of the economic burden and benefit which supplies the consideration required by Section 201.02, Florida Statutes. As pointed out by Judge Wigginton in Rasberry v. Dickinson, supra, a comparison of the language of the federal documentary stamp tax statute, 26 U.S.C.A. § 4361, and of Section 201.021, Florida Statutes, with the language of Section 201.02, Florida Statutes, makes it apparent that the Legislature intended not to exempt the value of any lien or encumbrance from the tax imposed by the latter section....

...(a dissolved subsidiary corporation). Greyhound Corp. v. United States, 208 F.2d 858 (7th Cir.1954). In the factual context of the case at bar, there can be little doubt that there was a "reasonably determinable consideration" within the purview of Section 201.02, Florida Statutes. Consequently, there remains only the question whether the taxpayer was a "purchaser" as contemplated by that section. Since Chapter 201, Florida Statutes, does not define the term "purchaser" as it is used in Section 201.02, we turn to the plain and ordinary meaning of the term as defined in Webster's New Twentieth Century Dictionary (2d unab....

...The petition for writ of certiorari is granted, and the decision of the District Court of Appeal, First District, is quashed with directions to remand the cause to the trial court for entry of judgment in favor of DOR. OVERTON, C.J., and BOYD, ENGLAND and HATCHETT, JJ., concur. NOTES [1] The pertinent provision of § 201.02, Fla....

therefor, or the obligation evidenced thereby. Section 201.02 and 201.08, Florida Statutes 1941. We think

...ser. Title was conveyed by a warranty deed which recited that the deed was subject to the existing mortgage which buyer assumed and agreed to pay. On each deed the documentary stamp taxes were computed and paid on the full purchase price pursuant to Section 201.02, Florida Statutes. The surtax imposed by § 201.021, however, was paid only on the amount of cash paid....

...mount of the assumed mortgage. The legal issue which we must resolve is whether, based upon the facts set out above, the Department of Revenue properly included as part of the consideration upon which it based its assessment of the surtax imposed by § 201.021(1), the amounts of the various mortgages assumed by the purchasers. Section 201.021, Florida Statutes (1975), provides as follows: "Surtax on documents relating to land; land acquisition trust fund. — (1) A documentary surtax, in addition to the tax levied in § 201.02, is levied on those documents taxed by § 201.02 at the rate of fifty-five cents per five hundred dollars of the consideration paid; provided, that when real estate is sold, the consideration, for purposes of this tax, shall not include amounts of existing mortgages on the real estate sold....

...onsideration." [Emphasis Added] It is the position of the Department of Revenue that a mortgage assumed by the purchaser when the seller is expressly released from the obligation by the mortgagee is not an "existing mortgage" as that term is used in § 201.021(1)....

...ler and lender, and creating a new obligation between the lender and purchaser. In support of this position respondent relies upon Department of Revenue Rule 12A-4.13(25), Florida Administrative Code, which provides: "When computing the surtax under Section 201.021, F.S., on a deed of conveyance, the total consideration on which such tax is based includes a mortgage debt which the grantee assumes and agrees to pay when the original mortgagor (grantor) is released from the obligation by the mortg...

...ionally respondent finds support for its position in Florida Attorney General's Opinion 073-67 (1973). In answer to a question propounded by the Department of Revenue, the Attorney General expressed his opinion that in computing the surtax due under § 201.021(1) on a deed of conveyance, the total consideration on which such tax is based does include a mortgage which the grantee assumes and agrees to pay when the original mortgagor (grantor) is released from the obligation by the mortgagee....

...It is not a substantive rule and has no legislative effect. With all due respect for the Opinion of the Attorney General and interpretation of the Department of Revenue, we have reached a contrary conclusion. This case turns on the meaning of the following language from § 201.021(1): "......

...Williams v. Jones, supra, at 433-434. We recently held in Department of Revenue v. Dix, 362 So.2d 420 (Fla. 1st DCA, August 30, 1978), that a lease is a conveyance of an interest in land which may be subject to the purview of the Documentary Stamp Tax Act, Section 201.02(1), and that the assignee of a lease in realty who also assumes a mortgage upon the leasehold interest is subject to the payment of documentary stamps upon the recording of the lease....

...r deed an alteration has no effect unless there has been a re-execution of the instrument in its altered form. It was incumbent upon appellant, when he accepted the deed from his grantor, to pay the excise tax on deeds then required of purchasers by section 201.02, Florida Statutes (1975)....

...The tax attaches at the time the deed or other instrument of conveyance is delivered, irrespective of the time the sale is made or the instrument is recorded. The critical factor is the intention of the parties." The trial judge held that the rule exceeds the limits established by F.S. 201.02 and 201.021. F.S. 201.02, so far as is material here, provides: "On deeds, instruments, or writings whereby any lands, tenements, or other realty, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser, or any other person by his direction, on each one hundred dollars of the consideration therefore the tax shall be thirty cents. * * *" F.S. 201.021 provides in material part: "A documentary surtax, in addition to the tax levied in § 201.02, is levied on those documents taxed by § 201.02 at the rate of fifty-five cents per five hundred dollars of the consideration paid; provided, that when real estate is sold, the consideration, for purposes of this tax, shall not include amounts of existing mortgages on the real estate sold. * *" In the summary final judgment here appealed the trial judge stated, inter alia: "3. Florida Statutes, Sections 201.01, 201.02 and 201.021, relating to imposition of a documentary stamp tax, surtax and penalty, are limited to the production of revenue by a tax placed on recordable instruments relating to the conveyance of any lands, tenements, or other realty, or any interest therein....

...ate transactions, including in the basis upon which the tax is based, the value of the land plus the value of improvements to be constructed thereon at a future date. "7. Rule 12A-4.13(22) exceeds the limitations stated in Florida Statutes, Sections 201.02 and 201.021, and results in depriving the Plaintiff of its property through imposition of a tax outside the statutory authority for such tax....

...* * * * * * "It is upon consideration thereof ORDERED AND ADJUDGED as follows: * * * * * * "3. Plaintiff's Motion for Final Summary Judgment is granted on the grounds that Rule 12A-4.13(22) exceeds the limitations set by Florida Statutes, Sections 201.02 and 201.021 by imposing a tax on instruments effecting the conveyance of real property and including in the amount of consideration therefor the value of improvements to be constructed on the land at a later time. Florida Statutes, Sections 201.02 and 201.021 limit the amount of consideration upon which the tax is based to the consideration for the land and improvements existing at the time of conveyance, and the promulgation of this rule exceeding this statutory limitation constitutes an abuse of the power delegated to the Department of Revenue. "4. Rule 12A-4.13(22) is void and unenforceable because its provisions impermissibly exceed the limits established by Florida Statutes, Sections 201.02 and 201.021....

...subject rule. (Rule 12A-4.13(22)) The Department relies upon Raccoon Development, Inc. v. United States, 391 F.2d 610, 183 Ct.Cl. 276 (1968) which involved the construction and application of 26 U.S.C.A. Section 4361, a Federal Statute similar to F.S. 201.021....

...The administrative law judge found that a taxable exchange occurred and recommended the assessment of additional documentary stamp taxes. The DOR entered a final order, adopting the recommendations of the administrative law judge, and Kuro timely appealed. Section 201.02(1), Florida Statutes (1993), provides that a purchaser of real estate is required to pay a documentary stamp tax of $.70 on each $100 of consideration paid for the property. Section 201.02(1) further provides: For purposes of this section, consideration includes, but is not limited to, the money paid or agreed to be paid; the discharge of an obligation; and the amount of any mortgage, purchase money mortgage lien, or other encumbrance, whether or not the underlying indebtedness is assumed....

...If the consideration paid or given in exchange for real property or any interest therein includes property other than money, it is presumed that the consideration is equal to the fair market value of the real property or interest therein. According to DOR rules promulgated pursuant to section 201.02(1), "`[p]roperty other than money' includes, but shall not be limited to, property that is corporeal or incorporeal, tangible or intangible, visible or invisible, real or personal; everything that has an exchangeable value or which goes to make up wealth or estate." Fla....

..."A conveyance of realty to a corporation in exchange for shares of its capital stock, or as a contribution to the capital of a corporation, is subject to tax." Fla. Admin. Code R. 12B-4.013(7). Both of the foregoing rules reference the presumption set forth in section 201.02(1), that consideration for property other than money "is equal to the fair market value of the real property." Fla. Admin. Code R. 12B-4.012(2)(a); 12B-4.013(7). Based on the evidence the parties stipulated to during the administrative proceeding, we conclude that Kuro was not a purchaser within the meaning of section 201.02(1) and, thus, no additional taxes were due. Section 201.02(1) applies to transfers of real estate for consideration to a "purchaser." In Florida Department of Revenue v....

...tion. Though the transactions effected a change in the legal ownership of the property, the beneficial ownership of the land remained unchanged. These were thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02(1)....

...I concur that the Department of Revenue's final order should be reversed, for two reasons. First, DOR has concluded that application of an abstract statutory presumption of "consideration" establishes a tax liability. But under that same statute, consideration is an issue only if there is a purchaser. § 201.02(1), Fla....

...When there is a transfer of unencumbered real estate between a corporation and its stockholders, and the stockholders have the same pro rata interest in the corporation as they do in the real estate, the transfer is a "mere book" transaction and there is no "purchaser" for purposes of section 201.02(1)....

...De Maria, 338 So.2d 838, 839 (Fla.1976). Second, even if we ignore the "purchaser" requirement and consider the issue of consideration, we find that the statutory presumption that "the consideration is equal to the fair market value of the real property or interest therein," § 201.02(1), Fla....

...whether there was consideration. In the end, the analyses lead me to conclude on the facts of this case that there was no purchaser because there was no consideration. And without either a purchaser or consideration, there is no tax liability under section 201.02(1)....

...The issue before us is whether the assignment of a leasehold interest in real property, subject to existing mortgages, where the assignee makes the mortgage payments subsequent to the assignment, constitutes taxable consideration under the provisions of Section 201.02(1), Florida Statutes (1975), based upon the amount of the existing mortgages at the time of the assignment....

...that the economic burden of making mortgage payments is coextensive with the economic burden of paying rent, and that the mortgages, therefore, do not form a `reasonably determinable consideration' upon which to found a documentary stamp tax. See DeVore v. Gay, 39 So.2d 796 (Fla. 1949)." Section 201.02(1) imposes a documentary stamp tax on instruments which convey an interest in real property to another party for consideration, which must be an actual monetary consideration, or a consideration with a reasonably determinable pecuniary value. Rule 12A-4.12(2), F.A.C., defines the term "consideration" to include a conveyance subject to mortgage debt, lien or encumbrance. A lease is a conveyance of an interest in land within the purview of Section 201.02(1), however, leases are not ordinarily subject to documentary stamp taxes because the consideration is executory....

...However, under the facts of this case, and as stated by the trial court, the economic burden of making mortgage payments is coextensive with the economic burden of paying rent, therefore, the mortgages do not form a reasonably determinable consideration upon which to found a documentary stamp tax under Section 201.02(1)....

...We affirm based upon our determination that the transfer of real property from a parent company to a newly created subsidiary limited liability company owned by the general limited partner of the parent company, is subject to Florida's documentary stamp tax statute, Section 201.02(1), Florida Statutes (2000)....

...According to CMC, the sole purpose for the transfer was to separate the property from Crescent's other assets in order to facilitate future unsecured financing. CMC recorded the deed and paid $1,212,750 in documentary stamp tax. The tax is comprised of $693,000 in state documentary stamp tax pursuant to Section 201.02(1), and $519,750 in Dade County documentary surtax pursuant to Section 201.031(1)....

...sumed. If the consideration paid or given in exchange for real property or any interest therein includes property other than money, it is presumed that the consideration is equal to the fair market value of the real property or interest therein. See § 201.02(1), Fla. Stat. (2000). CMC contends that the tax cannot be imposed in the present case because CMC was not a "purchaser" of the real property, within the meaning of Section 201.02(1)....

...sfer was a "mere book transaction." State ex rel. Palmer-Florida Corp. v. Green, 88 So.2d 493 (Fla. 1956). The grantees were not purchasers because they did not pay a "reasonably determinable, consideration for the conveyance as contemplated by Sec. 201.02." Thereafter, in 1976, the Court defined a "purchaser" for purposes of the deed tax as "one who obtains or acquires property by paying an equivalent in money or other exchange in value." See Florida Dep't of Revenue v....

...ion's equity in real property to its sole shareholder. However, the shareholder was considered a "purchaser" of the real property to the extent of the mortgage. Significantly, both Palmer-Florida and De Maria were decided under the prior language of Section 201.02(1)....

...Applying the prior language, there was no reasonably determinable consideration, and thus no purchaser could be found. See also De Vore v. Gay, 39 So.2d 796 (Fla.1949)(consideration for deed tax purposes must have a reasonable and determinable value). In 1990, Section 201.02(1) was amended and a statutory definition for "consideration" was added....

...The majority certified express and direct conflict with Kuro. The Florida Supreme Court initially granted certiorari, but later dismissed the appeal stating "jurisdiction was improvidently granted." Muben-Lamar, L.P. v. Dep't of Revenue, 789 So.2d 337 (Fla.2001). This Court has not yet applied the amended Section 201.02(1)....

...or a clear judicial directive interpreting the statutory language of the deed tax. Keeping these principles in mind, we have carefully reviewed the parties' positions. CMC makes a superficially convincing and simple argument that no tax is due under Section 201.02(1), contending the real property transfer was just a "book transaction." According to CMC, beneficial ownership of the real estate did not change, since Crescent owns Crescent Funding, and Crescent Funding owns CMC. It concludes that because of the structure of the transaction, CMC, as grantee, cannot be considered a "purchaser" within the purview of Section 201.02(1), *909 and thus the trial court erred in denying its tax refund claim. We disagree. Applying the plain language of Section 201.02(1) to the undisputed facts and the face of the deed, we find the deed conveying the real property from the limited partnership to the limited liability company is subject to the documentary stamp tax....

...Second, the face of the deed reflects a substantive change of ownership in exchange for consideration. Consideration follows as a natural consequence of the commercial transaction transferring intangible property with exchangeable value, as evidenced by the "other good and valuable consideration" recitation on the deed. Section 201.02(1) does not limit consideration to money, stock, or debt relief. The amended Section 201.02(1) provides that "[i]f the consideration paid or given in exchange for real property, or any interest therein includes property other than money, it is presumed that the consideration is equal to the fair market value of the real prope...

...tax. [7] There is no exemption for "book transactions" which convey an interest in real property by deed among related entities. In the absence of a specific legislative directive authorizing an exemption, we believe a straightforward application of Section 201.02(1) requires application of the *911 tax to the current deed, which conveys real property from a limited partnership to a limited liability company. In sum, applying the plain language of Section 201.02(1) to the undisputed facts and the face of the deed, we find the trial court properly denied CMC's tax refund claim....

...[1] Crescent Funding's general partner was CRE and its limited partner was Crescent. [2] CRE is wholly owned by Crescent. [3] Ordinarily, the state tax rate is $.70 on each $100 of the consideration exchanged for real property or any interest therein. See § 201.02(1), Fla. Stat. (2000). However, Miami-Dade County applies a special state tax rate of $.60 per $100 or portion thereof. See § 201.0205, Fla....

...any other business entity, recordation of deeds and payment of documentary stamp taxes are not required in order to transfer title to real property pursuant to such a merger. See §§ 607.1101, 608.4383(2), and 620.204(1)(b), Fla. Stat. (2002). [7] Section 201.02(6), Florida Statutes (2000), exempts property transferred to tax exempt entities. Section 201.02(7), Florida Statutes (2000), exempts property transferred in the course of a dissolution of marriage....

...Burleson and Charles Burleson is reversed with directions that judgment be entered in favor of W.W. Burleson and his wife, Emily Margaret Burleson, to that property conveyed to them by the 1963 and 1973 deeds from Ruby Smith and Leonard Smith. MILLS, Acting C.J., and MELVIN, J., concur. NOTES [1] Section 201.02, Fla....

provision of the Pennsylvania UTPCPL, 73 Pa. C.S. § 201-2(4)(xxi), which PEBTF claims to proceed under. In

...id. It points out that the Court then observed that with respect to a deed from a corporation to its stockholders of unencumbered land, the stockholders did not pay a `reasonable determinable consideration' for the conveyance as contemplated by Sec. 201.02, Florida Statutes....

...The Court also said `We find no legal support for the theory that the documentary stamp tax should be measured by the market value of the land transferred. It was a mere book transaction and was in no sense a sale to a "purchaser" as contemplated by Section 201.02, Florida Statutes, F.S.A.' "These quotations lead to the conclusion that it was the nature of the transaction, rather than the difficulty in measuring the tax that rendered the deed exempt from documentary stamps." Affirmed. RAWLS, Acting C.J., and MILLS, J., concur. SMITH, J., dissents. SMITH, Judge (dissenting): The court today holds that § 201.02, F.S....

2(e)(3)(iv) of the SEC's Rules of Practice, 17 C.F.R. § 201.2(e)(3)(iv) (1991). On August 13, 1990, The Florida

(1989) (quoting Restatement (Second) of Contracts § 201(2)(b) (1981)); Court Decisions: 1st Judicial Department;

...Before HENDRY, C.J., and BARKDULL, J., and CHARLES CARROLL (Ret.), Associate Judge. BARKDULL, Judge. The question to be determined in these proceedings is whether or not a certain transfer by quit claim deed is subject to documentary stamps, pursuant to Section 201.02, Florida Statutes (1975)....

...accordingly reduced upon transfer. This Court held that `. . the deed in question did not require documentary stamps because the grantees were not "purchasers," and did not pay a "reasonably determinable", "consideration" ... as contemplated by Sec. 201.02, Florida Statutes, F.S.A.......

....' The courts below concluded that Kendall House, supra, and Rasberry v. Dickinson, 243 So.2d 236 (Fla. 1st DCA 1971), also relied upon by DOR, were distinguishable from Green, supra, because Green entailed a mere book transaction and was not a sale to a `purchaser' as contemplated by Section 201.02, Florida Statutes....

...ersons acquiring property "assuming and agreeing to pay" the mortgage.' Kendall House Apts., Inc. v. Dept. of Revenue, Fla., 245 So.2d 221, 223. "[2] It is this shifting of the economic burden and benefit which supplies the consideration required by Section 201.02, Florida Statutes....

...additional documentary stamp tax in the total amount of $10,799.40, and advised plaintiffs that a tax warrant would ensue if payment was not made." The trial court found as a matter of law that the plaintiffs were not "purchasers" as contemplated by Section 201.02, Florida Statutes, and were not subject to the tax....

...As noted, Ray Construction placed documentary stamps on the quitclaim deeds only in the amount required for the actual consideration paid by Ray Construction to R & R Land, Ltd.—the amount of $6,000 per lot. The Department argues that it correctly assessed documentary stamp taxes pursuant to section 201.02, Florida Statutes, and Rule 12B-4.013(22), Florida Administrative Code, for the full fair market value of each lot and the improvements thereon, as evidenced by the purchase price at the time of sale to a third party buyer....

...We find no error in the trial court's rejection of these contentions, based upon the evidence presented. The trial court found, contrary to the Department's contention, that the sole consideration paid by Ray Construction to R & R Land, Ltd., for each lot was the sum of $6,000. Under the controlling statute, section 201.02(1), consideration includes, but is not limited to the money paid or agreed to be paid; the discharge of an obligation; and the amount of any mortgage, purchase money lien, or other encumbrance, whether or not the underlying indebtedness is assumed....

...sh contribution. Mutual Benefit transferred the properties, and Muben-Lamar paid documentary stamp tax in the amount of $207,561.15. Muben-Lamar later sought a refund of the taxes paid. The Department denied a refund, asserting the 1990 amendment to section 201.02, Florida Statutes, indicated a legislative intent that transfers of property to corporations, partnerships, or other business entities were to be subject to tax on their fair market values. Muben-Lamar then filed an action for declaratory judgment. Muben-Lamar asserted it was not a purchaser within the purview of section 201.02 and no consideration flowed from Muben-Lamar to Mutual Benefit....

...It was the position of the Department of Revenue (DOR) that there was consideration for the transfer because the capital stock of the corporation was issued to the father and son. I agree with our sister court in Kuro that the father and son were not purchasers within the meaning of section 201.02(1), Florida Statutes (1990)....

...taxed as a "purchaser" because the donor will typically be receiving an interest in the limited partnership. I agree with the Kuro court that "[t]hese were thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02(1)." Kuro, 713 So.2d at 1022.

...s two summary final judgments in favor of Pinellas VP, LLC (Pinellas VP), and TPA Investments, LLC (TPA Investments). We have jurisdiction. See Fla. R.App. P. 9.030(b)(1)(a). Because the principal balance of a mortgage is taxable consideration under section 201.02(1), Florida Statutes (2004), and the real property transfers involved here occurred between distinct entities, the trial court erroneously *362 applied Crescent Miami Center, LLC v....

...ange of value; thus, there was no taxable event under Crescent Miami. They also assert that Mr. Pridgen ultimately was responsible for the mortgage debt. Therefore, the transactions effected only mere transfers in ownership. The Department relies on section 201.02(1) for the proposition that the principal balance of a mortgage is taxable consideration....

...Young Men's Christian Ass'n of Lake Wales, Inc., 974 So.2d 565, 567 (Fla. 2d DCA 2008). Summary judgment is appropriate only when no issues of material fact remain and the moving party is entitled to judgment as a matter of law. Id. Neither Pinellas VP nor TPA Investments has satisfied this burden. Section 201.02(1) levies a tax on deeds conveying an interest in real property: On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise co...

...The Department asserts that the principal balances on the mortgages constitute taxable consideration. We agree. Statutory language controls statutory interpretation unless such an interpretation is unreasonable or clearly contrary to legislative intent. Cherry v. State, 959 So.2d 702, 713 (Fla.2007). Here, section 201.02(1) is clear and unambiguous; mortgages are forms of taxable consideration. Both Pinellas VP and TPA Investments acquired real property subject to *364 preexisting mortgages. The principal amount of the mortgages brings the transactions within the scope of section 201.02(1)....

...Crescent Miami is factually distinguishable from the cases before us for at least two reasons: (1) Crescent Miami involved no mortgage and (2) Crescent Miami involved a direct transfer between a parent corporation and its wholly owned subsidiary. Id. We cannot ignore the existing mortgages which section 201.02(1), specifically includes as forms of consideration....

...Pridgen was not a party to the underlying transactions. Despite his status in the structure of these entities, he did not own the transferred properties. He was at least one step removed from each corporation or limited liability company involved in these transactions. [1] Conclusion Because section 201.02(1) plainly authorizes the imposition of a tax on the underlying real estate transactions, and because Crescent Miami is factually distinguishable and, thus, not controlling, the trial court erred in granting summary final judgments in favor of Pinellas VP and TPA Investments....

...In their amended pleadings, the named appellants alleged that they, as well as all members of the class they represent, were all residents of the State of Florida and all became tenant-stockholders in their respective cooperative apartment corporations prior to October 1, 1970. Effective October 1, 1970, F.S. § 201.02 was amended by imposing the State documentary stamp tax upon documents by which the right is granted to a tenant-stockholder to occupy an apartment in a building owned by a cooperative apartment corporation....

...At the time appellants purchased their respective interests and became tenant-stockholders, which was prior to October 1, 1970, no State tax was required. It is alleged that appellants and all other members of the affected class each paid the tax pursuant to amended § 201.02, subsequent to October 1, 1970, and that the named appellants had *850 applied to the Department of Revenue for refund of the taxes so paid, which applications were denied....

...Court in the county in which the real property is situated “prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing” subject to the tax. Id. at § 48-6-4(a). Florida’s transfer tax works in much the same way. Florida Statute § 201.02 states that a transfer tax of 70 cents shall apply on each $100 of consideration when there is a transfer of real property. C....

...[A]s agents of the state, [county clerks] have a duty to ensure that the tax is paid.” (Doc. # 31 at 17). Accepting as true Nicolai’s allegations concerning her authority to bring this action, Nicolai states a plausible claim regarding her authority to bring this action. Central to this case is Florida Statute § 201.02, which requires the grantor in a real estate transaction to pay “the county Treasurer a real estate transfer tax when an interest for real estate is transferred to another party (the ‘Transfer Tax’).” (Doc....

the documentary stamp tax imposed pursuant to section 201.02, Florida Statutes, which applies to documents

and unincorporated areas of Broward County. Section 201.2 of the South Florida Building Code, 1970 Dade

OVERTON, Justice. This is a direct appeal from a judgment of the circuit court of Broward County holding the documentary stamp tax set forth in section 201.02(2), Florida Statutes (1977), 1 could only be applied prospectively and further holding section 201.02(3), Florida Statutes (1977), 2 unconstitutional. We have jurisdiction. 3 *2 These statutory subsections concern the taxation of ownership interests in cooperative apartments, ’ and subsection 201.02(3) requires cooperative apartment owners to record stock certificates which reflect an interest in the cooperative apartments....

...tment of the subsections. We reject the contention of the appellant, Department of Revenue, that these statutes may be retroactively applied and to that extent affirm the trial court’s final judgment. We reverse the holding of the trial court that section 201.02(3) is unconstitutional for violation of appellees’ privacy rights because appellees are unaffected and have no standing to complain....

...The relevant facts reflect that in August, 1968, the Swinscoes bought shares of Burton Point, Inc., entitling them to occupy a cooperative apartment. At the time of the purchase, the Swinscoes did not pay any documentary stamp tax nor did they record their stock certificate. Subsequently, the legislature adopted section 201.02(2) in 1970 and section 201.02(3) in 1971 4 requiring payment of documentary stamp taxes by cooperative apartment owners and recordation of stock certificates evidencing such ownership....

...an apartment. In August of 1974 the Department of Revenue notified the Swinscoes that documentary stamp taxes were due from them in the amount of $213.20. The Swinscoes brought this suit as a class action seeking to have the assessment cancelled and section 201.02(3) declared unconstitutional....

...The trial court found in favor of the Swinscoes and enjoined the Department from the collection of these taxes from the Swinscoes or anyone else similarly situated for the purchase of cooperative apartments prior to October 1,1970. In addition, the trial court found that section 201.02(3) was unconstitutional on the grounds that it violated appel-lees’ right to privacy and denied them equal protection of the law. The appellant Department of Revenue contends that stockholders in cooperative apartments hold “an interest in land.” Appellant further contends that section 201.02 has provided for taxation on documents transferring “interest in lands” since 1931 and the adoption of sections 201.02(2) and 201.02(3) merely clarified the predecessor statute and in no way created a new tax on cooperative apartments....

...Since the appellee Swinscoes purchased their apartment in 1968, they would not be subject to the tax imposed by. these statutes under their prospective application. Under these circumstances, there is no basis for a holding by the trial court that section 201.02(3) is unconstitutional because it violated the Swinscoes’ right to privacy and denied them equal protection of the law....

...rdered. ENGLAND, C. J., ADKINS, BOYD, SUNDBERG and ALDERMAN, JJ., and VANN, Associate Justice, concur. . Enacted by the legislature in 1970 by chapter 70-304. . Enacted by the legislature in 1971 by chapter 71-362. . Art. V, § 3(b)(1), Fla.Const. . § 201.02, Fla.Stat....

...The dispute before this court concerns the amount of documentary stamps to affix to the deeds. The Department of Revenue assessed the stamp taxes based on the amount of indebtedness encumbering the property at the time of conveyance. The Department relies on that part of section 201.02(1), Florida Statutes (1991), which defines “consideration” for the conveyance to include “the amount of any mortgage, purchase money mortgage lien, or other encumbrance, whether or not the underlying indebtedness is assumed.” T...

argues that the assessment is proper under section 201.02(1), which provides for the imposition of documentary

...from the entire-ties back to Westring individually. Notwithstanding that no money changed hands, and even though the parties’ liability on the outstanding mortgage was not affected, Westring paid a documentary stamp tax, as purportedly required by section 201.02(1), Florida Statutes (1993), based upon the “consideration” represented by the amount *172 of that mortgage....

...Statutes (1993). Accordingly, the lower court’s order dismissing Westring’s complaint is affirmed without prejudice to Westring to apply for a refund in accord with the applicable statutory provisions. SCHWARTZ, C.J., and NESBITT, J., concur. . § 201.02 Tax on deeds and other instruments relating to real property or interest in real property.— (1) On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned,....

...s assumed. If the consideration paid or given in exchange for real property or any interest therein includes property other them money, it is presumed that the consideration is equal to the fair market value of the real property or interest therein. § 201.02(1), Fla.Stat....

201.02 and 201.021, Florida Statutes (1975): Section 201.02: (l)On deeds, instruments, or writings whereby

property is within the purview of s. 201.02, F.S. Section 201.02, F.S., provides: (1) On deeds, instruments

...c. During the administrative hearing, Silver Springs conceded that the transactions were package deals within the meaning of the rule but challenged the rule as not being validly authorized by the Florida Documentary Stamp Tax statutes, specifically Section 201.02, empowering a documentary stamp tax of $.30 on each $100 of consideration on deeds and other documents, and Section 201.021(1) permitting a documentary surtax on such documents at the rate of $.55 per $500 of the consideration paid....

§§ 201-9.2 (emphasis added). [3] Pursuant to § 201-2(4)(xxi) of the UTPCPL, a plaintiff may have a cause

...We conclude, as did the hearing officer, that to convey the property with the improvements completed back to Dade County, Cohen-Ager, Inc., used the vehicle of a “deed whereby any land ... or any interest therein shall be transferred to the purchaser ...” Section 201.02(1), Florida Statutes (1979)....

...MILLS and SHIVERS, JJ., concur. . In pertinent part Rule 12B-4.14 Florida Administrative Code provides: 12B-4.14 Conveyances Not Subject to Tax. (2) No Consideration: (b) A conveyance to or by a trustee which is not pursuant to a sale is not taxable. . In pertinent part section 201.02, Florida Statutes (1979) provides: 201.02 Tax on deeds and other instruments relating to lands, etc.— (1) On deeds, instruments, or writings whereby any lands, tenements, or other realty, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or...

..., and ownership has not changed for the purposes of section 193.1554(5)(b). 6  In support of its argument, Taxpayer relies on two cases construing a different statute from the one involved here – section 201.02(1) of the Florida Statutes, the documentary tax statute....

...2d DCA 1998). The Crescent Miami Center Court held that “the transfer of property between a grantor and its wholly owned grantee, absent any exchange of value, is without consideration or a purchaser and thus not subject to the documentary stamp tax in section 201.02(1).” Crescent, 903 So. 2d at 919; see Kuro, Inc., 713 So. 2d at 1022 (“[w]e conclude that Kuro was not a purchaser within the meaning of section 201.02(1) and, thus, no additional taxes were due. Section 201.02(1) applies to transfers of real estate for consideration to a ‘purchaser.’”) Taxpayer asserts that the transfer from the Andersons to Taxpayer is identical to the transfers in Crescent Miami Center and Kuro, Inc. where in each of those cases the courts concluded that the challenging taxpayer was not a “purchaser” under section 201.02(1). Crescent Miami Center, 903 So. 5 In relevant part, this statute provides that when a deed for real property is conveyed, the purchaser shall pay a documentary stamp tax of $.70 per every $100 of consideration paid for that real property. § 201.02(1), Fla....

...2d at 1022 (holding that the “beneficial ownership of the land remained unchanged.”). Taxpayer urges us to come to a similar conclusion when analyzing the transactions under section 193.1554(5). The inquiry in both Crescent Miami Center and Kuro, Inc. was whether, under section 201.02(1), there had been a sale, supported by consideration, to a “purchaser.” As the Crescent Miami Center and Kuro, Inc. Courts held, documentary tax liability under section 201.02(1)’s plain language is triggered only when there is a “purchaser” and, relatedly, when there is “consideration.” Crescent Miami Center, 903 So....

...nsideration for the transfer of the property. Based on the undisputed facts, the trial court granted summary judgment in favor of PMR and entered a final judgment against the Department and in favor of PMR. *623 II. THE DOCUMENTARY STAMP TAX STATUTE Section 201.02(1), Florida Statutes (2000), provides: On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, t...

...The last two sentences of this provision were added by an amendment to the law adopted by the legislature in 1990. See ch. 90-132, § 7, at 451, Laws of Fla. III. ISSUES ON APPEAL PMR’s liability for the documentary stamp tax turns on whether under section 201.02 it was a “purchaser” from whom “consideration” was received for the conveyance of the property....

...mic burden of paying the purchase money mortgage from the grantor corporation to the grantee shareholder” and tax was due on the outstanding mortgage balance even though the shareholder did not assume the mortgage. The Department argues that under section 201.02(1) the transfer of encumbered property necessarily results in the giving of “consideration” by a “purchaser.” The Department also urges that Kuro is distinguishable because the property conveyed there — unlike the property conveyed to PMR — was not encumbered. The Department responds to PMR’s argument concerning the shifting of the economic burden by asserting that De Maria and other *624 cases applying the shifting of the economic burden test have been superseded by the 1990 amendment to section 201.02(1), which added the specific definition of consideration-including the reference to “the amount of any mortgage.” Finally the Department argues that, in any event, PMR’s assumption of the mortgage on the property resulted in a shifting of the economic burden as contemplated in De Ma-ña....

...[tjhough the transactions effected a change in the legal ownership of the property, the beneficial ownership of the land remained unchanged,” and transfers “were thus mere book transactions and, otherwise, were not sales to a purchaser, as contemplated by section 201.02(1)”)....

...limited partner of the parent company[ ] is subject to Florida’s documentary stamp tax statute”). In the instant case, there is no difficulty in identifying the consideration which was given by PMR for the conveyance from the Reszczynskis. Under section 201.02(1), “consideration includes ......

...Accordingly, the portion of the statutory definition of consideration concerning encumbered property which is applicable here was not at issue in Kuro. V. CONCLUSION Since the amount of the outstanding mortgage obligation on the property transferred to PMR is taxable consideration under section 201.02(1), the judgment in favor of PMR is reversed and the case is remanded with instructions that judgment be entered in favor of the Department....

MATHEWS, Justice. The appellee brought suit in equity to enjoin the Sheriff of Hillsborough County from proceeding in the execution of a warrant for documentary stamp taxes under section 201.02 F.S., F.S.A., as construed by the Comptroller....

...value, for the deed or the property. The execution of the deed and the delivery of the property was an absolute gift by the parents to their child. Only questions of law raised by the pleadings were submitted to the Chancellor for his determination. Section 201.02 F.S., F.S.A., is as follows: “Tax on deeds and other instruments relating to lands, etc....

...• There was placed upon the deed involved a- revenue stamp of ten cents. The ap-pellee contends that the deed in question, under the facts as stated, where the only consideration was “love and affection” from parents to their daughter, is not subject to documentary stamp tax imposed by section 201.02 F.S., F.S.A....

...Because of a material difference in the wording of the federal and state statutes there does not appear to be any inconsistency between the holding in the federal cases , and that of De Vore v. Gay, supra. The words “conveyed to or vested in the purchaser,” appearing in section 201.02 F.S., F.S.A., have a particular significance insofar as the taxing power is concerned....

...In this case it is admitted that the daughter was not the purchaser of the property and under the terms of the statute, unless she was the purchaser, the provision imposing the tax “on each one hundred dollars of the consideration therefore the tax shall be ten cents” does not apply. The further provision of the statute, 201.02 F.S., F.S.A., “provided, that when the full amount of the consideration * * * conveyance, is not shown in the face of such deed, * * * then in such event the tax shall be at the rate of ten cents for each one hundred dollars, or fractional p...

...given by the grantee. The Supreme Court in Florida Department of Revenue v. De Maria, supra, referred to this change in financial responsibility as a “ . . . shifting of the economic burden and benefit which supplies the consideration required by Section 201.02, Florida Statutes” at 840....

...Subsequent to the transfers, he remains liable for one-half; only the nature of his liability has changed. See Straughn v. Story, 334 So.2d 337 (Fla. 1st DCA 1976). Finding that Petitioner was not a purchaser for consideration within the meaning of Section 201.02, Florida Statutes (1975), the Final Order of the Department of Revenue is REVERSED. CROSS and LETTS, JJ., concur. . “201.02 Tax on deeds and other instruments relating to lands, etc.— (1) On deeds, instruments, or writings whereby any lands, tenements, or other realty, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or...

...The consideration for that deed was the surrender of a note or notes having a clearly defined value.” Based upon the foregoing, the court held that “When a deed to real estate is executed by a mortgagor to the mortgagee in satisfaction and discharge of the mortgage debt, the deed is subject to taxation under Section 201.02, Florida Statutes, the tax to be based upon the value of the debt discharged....

...case, supra, and in the case sub judice. In closing, we note that an issue is raised by the pleadings as to whether a documentary stamp surtax on the conveyance received by appellant from its mortgagor is payable pursuant to the requirements of F.S. Section 201.021, F.S.A....

...hereby, the tax shall be fifteen cents on each one hundred dollars or fraction thereof. Mortgages which incorporate the certificate of indebtedness, not otherwise shown in separate instruments, are subject to the same tax at the same rate.” . F.S. § 201.02, F.S.A....

documentation stamp tax, however, is an excise tax.1 Section 201.02, F.S., applies this tax to documents relating

also, e.g., Restatement (Second) of Contracts § 201(2) (1981) (providing default rules when parties

...ly no physical inspection of TDRs themselves is determinative of their value. Furthermore, a legislatively intended restrictiveness of the definition of real property contained in section 193.001(12) is confirmed by a comparison of that section with section 201.02 requiring documentary tax stamps on instruments transferring “real property, or any interest therein.” (Emphasis added.) The emphasized language does not appear in section 192.001(12)....

...*238 We are of the opinion that the trial court correctly interpreted the statute in question and the judgement should not be disturbed. In so holding, it should be emphasized that the documentary stamp tax with which we are here concerned is that levied by virtue of F.S. Section 201.02, F. S.A., based upon the full consideration paid for the conveyance of lands, and has no relationship to the surtax levied pursuant to F.S. Section 201.021, F.S.A....

...ally excludes the amounts of existing mortgages against the lands sold. 3 The judgment appealed is accordingly affirmed. Affirmed. CARROLL, DONALD K., and RAWLS, JJ., concur. . Gay v. Inter-County Tel. & Tel. Co., (Fla.1952) 60 So.2d 22 . . F.S. § 201.02, F.S.A. . F.S. § 201.021(1), F.S.A. “A documentary surtax, in addition to the tax levied in section 201.02, Florida Statutes, is levied on those documents taxed by section 201.02, Florida Statutes, at the rate of fifty-five cents (55¡í) per five hundred dollars ($500.00) of the consideration paid; provided that when real estate is sold, the consideration, for purposes of this tax, shall not include amounts of existing mortgages on the real estate sold....

situations where the county is acquiring property. Section 201.02, F.S., applies a documentary stamp tax to documents

excise tax on transfers of realty imposed under Section 201.02(1), Florida Statutes? 5. The Department of

was paid. The tax on the deed was due under Section 201.02, Florida Statutes 1953, and F.S.A., and by

in property may be recorded is prescribed by section 201.02, Florida Statutes. Prior to the recording of

...The trial court, by its summary final judgment, ruled that the doctrine of equitable conversion is a fiction created by courts of equity to do justice between parties in particular circumstances, and the assignment does not constitute a taxable transaction under §§ 201.02 or 201.021, Florida Statutes. We disagree and reverse. § 201.02, Fla.Stat....

...fer, or conveyance is not shown in the face of such deed, instrument, document, or writing, the tax shall be at the rate of 30 cents for each $100 or fractional part thereof of the consideration therefor. (2) * * * (3) * * * ” (Emphasis supplied.) § 201.021 imposes a surtax on the documents covered by § 201.02....

...Under it appellees assigned and transferred to Indico an interest in land within the contemplation of the foregoing statute — the equitable title. Documentary stamps reflecting the price of this transfer should have been affixed to the assignment, or in the alternative, to the deed at recordation. The surtax required by § 201.021, Fla.Stat....

...(1983), cuts against Aurora’s contention that “real property” means, as well, a “leasehold interest in real property.” Cf. DeVore v. Lee, 158 Fla. 608 , 30 So.2d 924 (1947) (lease, as transferring “any lands, tenements or other realty, or any interest therein ” (emphasis supplied), subject to tax under Section 201.02, Florida Statutes). It is apodictic that courts are not free to add words to a statute to steer it to a meaning that its plain wording does not supply. Moreover, the use by the Legislature of the term “realty, or any interest therein” in Section 201.02, and the omission of such language in Section 199.032, compels us to conclude that the Legislature intended these statutes to have different meanings....

see also Charles W. Eh-rhardt, Florida Evidence § 201.2 (1999 ed.) (noting that decisions of the Florida