Arrestable Offenses / Crimes under Fla. Stat. 201.08
S201.08 - TAX REVENUE - RENUMBERED. SEE REC # 9969 - M: F
CopyCited 30 times | Published | Supreme Court of Florida
...n instruments described as "Flexible Charge Account Application Agreements", hereinafter referred to as the basic agreement, used by Petitioner in its credit arrangement with its retail customers, are subject to documentary stamp taxes imposed by Section 201.08, Florida Statutes (1963), F.S.A....
...The Chancellor entered a declaratory decree based upon the pleadings and motion for summary judgment. The Chancellor held quite correctly that the basic agreement was patently a conditional sales contract, and consequently exempt from taxation under Section 201.08(2), Florida Statutes (1963), F.S.A., but were taxable under Section 201.08(1)....
...even though each standing alone might be insufficient. Applying this principle, the Chancellor then determined that when the customer signed the sales slip as he is required to do by the basic charge account agreement, [1] a taxable instrument under Section 201.08(1) was created through the composite effect of the basic agreement and the sales slip....
...Lee supra, we reverted to the principles enunciated *196 in Metropolis Publishing Co. v. Lee supra. The issue in DeVore v. Lee supra, was whether or not lease agreements in which a lessee agreed to pay in the future, rents accruing in the future were taxable under Chapter 201.08....
...unbranded mavericks, the taxing authority must look to the legislature to brand them taxable; not this Court. We hold, for the reasons stated, that Petitioner's "Flexible Charge Account Application Agreement" is not subject to the tax imposed by Section 201.08(1)....
...It is unconditional. It is a promise to pay specified sums of money at stated intervals. It necessarily follows that the signing of each sales slip creates a separate, distinct and independent written obligation to pay money in the future subject to taxation under Section 201.08(1), F.S." This interpretation appears to me to be the correct version of the arrangement....
...They are definite amounts reflected in the two documents evidencing the obligation to pay the same. It is an easy mathematical problem to compute the documentary stamp taxes payable on said running account amounts which are reflected in the written agreement pursuant to F.S. § 201.08(1), F.S.A....
...I hereby authorize Seller as my agent to sign sales slips for purchases made by telephone or mail on my behalf. 4. Title to all merchandise purchased under this contract shall remain in the Seller and will pass to me only after the cash price and the time price differential applicable thereto have peen paid in full. [2] Section 201.08 Subsection (1) provides: "On promissory notes, non-negotiable notes, written obligations to pay money, assignment of salaries, wages, or other compensation, made, executed, delivered, sold, transferred, or assigned in the state, and fo...
...idenced thereby, 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." Section 201.08 Subsection (2) provides: "On promissory notes, non-negotiable notes, written obligations to pay money, or other compensation, made, executed, delivered, sold, transferred, or assigned in the state, in connection with sales made under r...
CopyCited 26 times | Published | Supreme Court of Florida
...There, the appellant operated department stores within the state of Florida. A major portion of appellant's sales were made pursuant to revolving charge accounts, upon which no documentary stamp taxes were paid. The Department of Revenue assessed a tax upon the charge account obligations pursuant to Section
201.08(2), Florida Statutes (1975), [5] and a penalty in like amount under Section
201.17(2), Florida Statutes (1975). On review in the District Court of Appeal, First District, appellant noted that Section
201.08(2) provides that no documentary stamps *359 are required to be attached to obligations to pay, executed under retail charge accounts....
...ince the subject stamps were not required to be affixed. (Emphasis supplied) The district court in Associated failed to accept appellant's interpretation of Section
201.17(2)(b), Florida Statutes (1975). Although a literal interpretation of Sections
201.08(2) and
201.17(2)(b) supported appellant's position, the court construed the latter provision to be inconsistent with appellant's contention, holding that: [T]he legislature intended that those who failed to timely purchase required documentary...
...(3) The department may compromise any penalty on any proposed assessment which has not become final on the effective date of this act if its investigation reveals that the penalty would be too severe or unjust. "Section 2. This act shall take effect July 1, 1977." [5] § 201.08(2), Fla....
CopyCited 22 times | Published | Supreme Court of Florida | 158 Fla. 608, 1947 Fla. LEXIS 588
correct the error now if one has been made. Section
201.08, supra, being a paragraph in Section 1 of Chapter
CopyCited 16 times | Published | Florida 1st District Court of Appeal | 1988 WL 55676
...affixed or any other proof that such tax had been paid. After Cooper rested its case, appellants moved to dismiss Cooper's cause of action to enforce the note, contending among other things that the note was unenforceable for failure to comply with section 201.08, Florida Statutes (1985). That section requires that documentary tax stamps due on a promissory note must be paid and affixed before the note can be enforced by any court of this state. After some discussion regarding the applicability of section 201.08(1) to the note in this case, the trial court allowed Cooper to reopen its case, remove the note from evidence, purchase the requisite documentary stamps and affix them to the note, and again place the note, now properly taxed, in evidence....
...ne of the provisions of these documents required the trial court to imply such an obligation, as argued by appellants. Appellants' second point contends that the court below erred in permitting recovery on the note because it was unenforceable under section 201.08 and the court should not have permitted appellants to reopen their case to correct this material deficiency in their case....
...Rowe,
472 So.2d 1145 (Fla. 1985). See also Multitech Corporation v. St. Johns Bluff Investment Corporation,
518 So.2d 427 (Fla. 1st DCA 1988). Therefore, the attorney's fee award must be reversed and remanded for compliance with this authority. The provisions of section
201.08 apply to the note in this case, and there was no error in the lower court so ruling....
...ithout prejudice to refiling it after payment of the tax due, citing Kotzen v. Levine,
678 F.2d 140 (11th Cir.1982) (appellate court found no error in the trial court's having dismissed plaintiff's *978 complaint to enforce a note not complying with section
201.08 without prejudice for failure to have the documentary tax stamps affixed to the note, rather than with prejudice as argued by defendant)....
...reserved for appellate review. [2] Appellants' brief argues in part at page 19: The manner in which the trial court resolved this issue has widespread public policy ramifications. If the holders of documents in Florida, that come within the scope of § 201.08, need not concern themselves with paying the documentary stamp taxes unless or until the document reaches trial, the loss of revenue to the state would be substantial, to say the least....
CopyCited 14 times | Published | United States Bankruptcy Court, S.D. Florida. | 36 U.C.C. Rep. Serv. (West) 287, 1983 Bankr. LEXIS 6126
...*326 The Court finds that the equipment is located on debtor's premises in Florida and thus Florida law governs issues of perfection. Similarly, questions of taxation are governed by the laws of the forum state. See 31A Fla.Jur. 394 (Taxation § 787) re. excise tax. In the case at bar, the requirements of Fla.Stat. 201.08 relating to taxation on written obligations to pay money applies to all such obligations executed, delivered, sold, transferred or assigned in the State of Florida and thus applies to the agreements herein....
...Article 9 requires filing and recordation of security interests in commercial equipment. See: Fla. Stat. 679.302. The present agreements constitute recordable instruments requiring payment of documentary stamp (excise) taxation pursuant to Fla.Stat. §
201.01. Florida Statute
201.08 requiring that documentary stamp tax must be paid on written obligations to pay money in the State of Florida applies to transactions covered by the U.C.C....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 34 Fed. R. Serv. 2d 165, 1982 U.S. App. LEXIS 18487
*141 PER CURIAM: Sam and Marian Levine sued Steven Kot-zen and National Patient Aids, Ine., to recover on certain promissory notes. The district court, sitting with a jury, found that under Florida Statutes Annotated § 201.08 the notes were unenforceable unless taxes due on the notes were paid....
CopyCited 12 times | Published | Supreme Court of Florida
...By letter dated August 20, 1959, Ray E. Green, Comptroller of the State of Florida, made demand on Choctawhatchee Electric Cooperative, Inc., for payment of the documentary stamp tax in the amount of $3,002 which he alleged was due the state on said promissory notes under § 201.08, Florida Statutes, F.S.A....
...can Company v. Green, supra. The essential question presented for determination is whether or not the State of Florida has power to impose the documentary stamp tax on promissory notes issued to the United States of America by a Florida corporation. Section 201.08, Florida Statutes, F.S.A., provides for the payment of a documentary stamp tax on "promissory notes, non-negotiable notes, written obligations to pay money, assignments of salaries, wages, or other compensation, made, executed, deliver...
...tax, the State may exercise the privilege to impose it." The reasoning of the Supreme Court of the United States in Wilson v. Cook,
327 U.S. 474,
66 S.Ct. 663,
90 L.Ed. 793, we think concludes the point contrary to the contention of the petitioner. Section
201.08, Florida Statutes, F.S.A., imposes the tax on promissory notes under conditions present here; the liability for payment of the tax devolves upon the petitioner because of its "promise to pay," Metropolis Publishing Company v....
...The imposition of the tax in North American Company v. Green, supra, was predicated upon § 201.04, Florida Statutes, F.S.A., having to do with the transfer of stock certificates (the tax being imposed on the transfer) whereas in the case at bar the tax is predicated upon § 201.08, Florida Statutes, F.S.A., having to do with the issuance of promissory notes (the tax being imposed on the document containing the promise to pay)....
...However, this point appears to be a substantial part of petitioner's argument. Section
201.01 provides that the tax shall be levied, collected and paid "for and in respect to the several documents" "by any person who makes, signs, executes * * * the same." The tax levied by Section
201.08 on promissory notes, etc., is measured by the amount of the indebtedness evidenced by the instrument....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1991 WL 55696
...After the resumption of proceedings, the defendant-guarantor moved for an involuntary dismissal because of the plaintiff's failure to pay the necessary tax on the promissory note and affix the appropriate documentary stamps to the written obligation as required by section 201.08, Florida Statutes (1989)....
...at motion, the plaintiff purchased and affixed the required documentary stamps to the instrument in question. Nonetheless, the trial court granted the guarantor's motion for involuntary dismissal without prejudice. This was error. The plain terms of section 201.08(1) require that an instrument not be enforceable in any court of this state until the tax due thereon has been paid....
CopyCited 8 times | Published | Florida 1st District Court of Appeal
...ch would utterly frustrate the glaring legislative intent. "4. The defendant seeks to rely on DOR v. McCoy Hotel [ Motel ], Inc., Fla. DCA 1, 1974,
302 So.2d 440 which dealt with documentary stamps on promissory notes and written obligations under F.S.
201.08(1), wherein a wraparound obligation was involved and the amount of the earlier obligation 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....
CopyCited 8 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4723
...1st DCA 1978), holding that the Bar's requested refund of a documentary stamp tax and penalty should be granted since to impose a tax upon a note given by a tax-immune arm of government is an unconstitutional application of sections
201.01 [1] and
201.08(1), [2] Florida Statutes *1122 (1975). We have jurisdiction pursuant to article V, section 3(b)(1), Florida Constitution. The issue before us is whether imposition of documentary stamp taxes, pursuant to sections
201.08(1) and
201.01, Florida Statutes (1975), upon a transaction between The Florida Bar and Barnett Bank of Tallahassee, is an unconstitutional application of these statutes....
..... by any person, who makes, signs, executes, issues, sells, removes, consigns, assigns, or ships the same, or for whose benefit or use the same are made, signed, executed, issued, sold, removed, consigned, assigned, or shipped in the state... . [2] Section 201.08 provides in part: (1) On promissory notes, nonnegotiable notes, written obligations to pay money, assignment of salaries, wages, or other compensation, made, executed, delivered, sold, transferred, or assigned in the state, and for eac...
CopyCited 8 times | Published | Florida 5th District Court of Appeal | 1999 WL 77732
...that the plaintiff had failed to pay the taxes due on the note. We conclude that the trial court should have dismissed the action because a promissory note is not enforceable in any Florida court until the requisite tax due on the note is paid. See § 201.08, Fla.Stat....
...Somma did not offer any evidence that the taxes due on the note had been paid. Metra moved for involuntary dismissal of the lawsuit, arguing that the trial court lacked authority to enforce the note because the taxes due on the note had not been paid. To support this argument, Metra cited to section 201.08 of the Florida Statutes which provides in relevant part: 201.08 Tax on promissory or nonnegotiable notes, written obligations to pay money, or assignments of wages or other compensation; exception. (1) * * * * * * The mortgage, trust deed, or other instrument shall not be enforceable in any court of this state as to any such advance unless and until the tax due thereon upon each advance that may have been made thereunder has been paid. § 201.08(1), Fla.Stat....
...Inexplicably, once Metra pointed out that the documentary tax had not been paid, Mr. Somma did not request permission from the trial court to purchase and affix the required stamps. In fact, neither the instant record nor the appellate briefs suggest that Mr. Somma has yet purchased the requisite documentary tax stamps. Section 201.08(1), Florida Statute (1997), clearly states that in an action to enforce a promissory note the plaintiff must establish, as a condition precedent to pursuing the action, that the taxes due on the note have been paid....
...The obvious purpose of this statute is to ensure payment of statutorily mandated taxes. "This statutory provision is concerned primarily with enforcement of the taxing statutes and collecting monies due the state for documentary stamps on designated instruments." Silber,
526 So.2d at 977. To this end, section
201.08(1) constitutes an injunction prohibiting courts from enforcing rights created by instruments upon which required taxes have not been paid....
...ised. See Fla.R.Civ.P. 1.140. Applying this argument, he submits that Metra waived its right to assert the defense of his failure to pay the taxes due on the note by waiting to raise the issue until trial. We disagree. Unlike an affirmative defense, section 201.08 was not enacted for the protection of any particular class of defendants, nor was it enacted to preserve the integrity of the judicial proceedings. Therefore, a defendant's failure to plead a plaintiff's noncompliance with section 201.08 does not waive the state's right to receive payment of the requisite taxes nor does such noncompliance excuse the court from complying with the prohibition contained in the statute....
CopyCited 7 times | Published | Florida 1st District Court of Appeal
...This is an appeal from a final judgment entered in favor of appellee, McCoy Motels, Inc. (plaintiff below) upon motions for summary judgment by both parties. The trial court held that a certain portion of a promissory note was not an obligation to pay and that said portion of the note was not taxable under § 201.08(1), Florida Statutes, because the tax on that portion has already been paid. Appellant, State of Florida, Department of Revenue, (defendant below) contended in the trial court and contends here that the documentary stamp tax required by said § 201.08(1), supra, was payable on the full amount of the note....
...ely a contractual agreement where certain monies were to be paid through the mortgagee to the holder of the first mortgage..." It ruled that the portion of the *442 second note allegedly representing the first note ($1,850,000) was not taxable under § 201.08(1), Florida Statutes, "in that the tax due on that amount had already been paid." The trial court was in error....
...The liability to pay the documentary stamp tax, as well as the amount of the tax, is to be solely determined by the form and face of the instrument and not by proof of extrinsic facts. Metropolis Pub. Co. v. Lee,
126 Fla. 107,
170 So. 442; Choctawatchee Elect. Co-op., Inc. v. Green, supra. Section
201.08(1), supra, provides as follows: "
201.08 Tax on promissory notes, written obligations to pay money, assignments of wages, etc....
...ble. The second note is clearly a promissory note and a written obligation to pay the full amount of $3,500,000 plus interest. The obligation is not in any manner executory, contingent or conditional, and, thus, fits the terms of the taxing statute, § 201.08(1), supra....
...Stated another way, appellee contends that if a portion of the obligation of a promissory note has already been subjected to a documentary stamp tax by another promissory note at some other time and place, then such portion is exempt from stamp taxation. This, however, ignores the requirement of § 201.08(1), supra, that the tax be paid on renewal notes....
...The tax is payable regardless of whether or not a part or all of the obligation of a renewal note was subjected to the stamp tax in the original note unless the renewal note comes within the terms of §
201.09, Florida Statutes, which we will discuss further below. Section
201.08(1), supra, taxes all promissory notes, obligations to *443 pay and renewals of same....
...hasis supplied) To rule that a note which includes the obligation of another note (and does not fall within the exemption of §
201.09, supra) is exempt from the tax would fly in the face of the very terms of the statute which taxes renewal notes §
201.08(1), supra. It was clearly the legislative intent of §
201.08(1), supra, to tax a renewal note for the full amount of the obligation if it included the obligation of another note and was not covered by the exemption of §
201.09, supra....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 1995 WL 411386
...(CSI), and numerous Florida lessees. CSI contends that the assessment was erroneous, because the leases did not contain an unconditional promise to pay money at the time they were executed by the prospective lessees in Florida, or have a taxable situs in Florida, as is required by section 201.08(1), Florida Statutes (1983)....
...rences between the facts in Lincoln Pointe and those at bar: First, the document in question here, involving a lease of tangible personal property, was not one required by law to be recorded, whereas those in Lincoln Pointe two mortgages were. Section 201.08(1), Florida Statutes (1983), requires that the tax shall be paid on a "mortgage, trust deed, or security agreement at the time of recordation....
...two promissory notes. The rule requiring the liability and amount of the documentary stamp tax to be determined solely from the face of the instrument is based on common sense. When mortgages and similar instruments of indebtedness, as described in section 201.08(1), are recorded, the taxes on them must be paid at such time....
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 5865
...contention that Continental is unperfected must be posited on the premise that stamps are as a matter of law required to be affixed to Continental's note. On the facts presented, however, that premise is simply untenable. A fair reading of Fla.Stat. § 201.08 indicates that the taxable event with respect to a promissory note or other document of obligation occurs when the document is ".......
...060-82, April 21, 1960; Op.Atty.Gen. 060-162, September 22, 1960; Op.Atty.Gen. 080-79, September 24, 1980. Moreover, Rule 12B-4.54(31), F.A.C. provides, inter alia, that the filing or recording in Florida of a U.C.C. Financing Statement is not taxable under Fla.Stat. § 201.08(1) unless the note is also filed or recorded, so long as the financing statement bears the required notation concerning stamps....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 1053
The City prosecuted Fowler for violation of Section 201.8 of the South Florida Building Code, which requires
CopyCited 5 times | Published | Florida 1st District Court of Appeal
...Livingston, Winter Park, for appellee. RAWLS, Chief Judge. Appellant, State of Florida Department of Revenue, brings this appeal from a final judgment rendered in a declaratory judgment action holding that the Florida documentary stamp tax as outlined in Florida Statute 201.08(1), F.S.A. is not applicable to appellee's, Peterson Outdoor Advertising Co., contracts for outdoor advertising displays. Florida Statute 201.08(1), F.S.A....
...ifteen cents on each one hundred dollars or part thereof of the indebtedness. The sole issue presented by this appeal is whether the contract Peterson executes with its customers for outdoor advertising space is within the meaning of Florida Statute 201.08(1), F.S.A....
...[2] Unless the language of the taxing statute is all inclusive, it shall be construed by applying the doctrine of "ejusdem generis", that is by reference to things of the same genus or class. [3] The Supreme Court of this state has, on numerous occasions when construing F.S. 201.08, F.S.A., held that the statute is applicable only to commercial instruments which are of the same class as a promissory note or non-negotiable note....
...[5] The contract here in question does not contain an unconditional promise to pay. Thus under the doctrine of ejusdem generis, the applicable principles of statutory construction, and the decisions of our Supreme Court, we hold that the contract in question is not subject to the tax imposed by Florida Statute 201.08(1), F.S.A. The judgment appealed is affirmed. BOYER and JOHNSON, JJ., concur. NOTES [1] F.S. 201.08(1), F.S.A....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 14524, 2009 WL 3103849
...ort v. Hollywood Beach Resort Condominium Assn.,
905 So.2d 1024 (Fla. 4th DCA 2005), and Bonfiglio v. Banker's Trust Co. of California,
944 So.2d 1087 (Fla. 4th DCA 2006), that notes without documentary stamps attached are unenforceable by reason of section
201.08, Florida Statutes....
...GWH did not pay the note on the original due date and did not exercise its right to extend the note. Lowy filed suit and, after GWH answered, moved for summary judgment. At the summary judgment *695 hearing, the court inquired as to whether the documentary stamps had been paid on the note pursuant to sections
201.01 and
201.08, Florida Statutes....
...attached to a note, the note is unenforceable until the stamps are affixed. Therefore, in a suit on a note without the stamps, the note holder should not be entitled to attorney's fees for attempting to enforce an unenforceable note. Silber cites to section 201.08(1) for authority. We have reviewed the statute. It contains no provision requiring stamps to be attached to a promissory note not recorded or filed in the public records before the note can be enforced. Section 201.08(1) provides for the tax to be paid on promissory notes and mortgages or other deeds of trust....
...That is why it requires evidence of the payment of the tax prior to recordation of any taxable instrument. The state has elected to enforce its taxes on unsecured promissory notes, however, through the use of its criminal laws and substantial penalties. See, e.g., §
201.17, Fla. Stat. Section
201.08(1) does not prohibit enforcement of an unsecured promissory note in a court of this state for nonpayment of the documentary stamp tax....
...See Rappaport,
905 So.2d 1024; Bonfiglio,
944 So.2d 1087; [2] Somma v. Metra Electronics Corp.,
727 So.2d 302 (Fla. 5th DCA 1999); Klein v. Royale Group, Ltd.,
578 So.2d 394 (Fla. 3d DCA 1991); Silber,
526 So.2d 974. Silber examined an earlier version of the statute which did not divide section
201.08(1) into subsections (a) and (b) but contained similar language, including the prohibition of enforcement of advances until the tax was paid....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...This is a petition of the Florida Bar for review of an order of the Department of Revenue which ruled that petitioner was liable for certain documentary stamp taxes and penalty on a promissory note executed to the Barnett Bank of Tallahassee which was secured by a mortgage executed on the same date as the note. We reverse. § 201.08(1), Florida Statutes, imposes a tax upon promissory notes made, executed, delivered, sold, transferred, or assigned in the state....
CopyCited 4 times | Published | District Court of Appeal of Florida
...In construing a contract of similar import, our sister court in the First District held in Gulf American Land Corporation v. Green, Fla.App. 1962,
149 So.2d 396 (Opinion dated November 20, 1962), that such a contract constituted a "written obligation to pay money," within the meaning of §
201.08, Florida Statutes, F.S.A., which levies a documentary stamp tax on "promissory notes, non-negotiable notes, written obligations to pay money, assignment of salaries, wages, or other compensation." We adopt the rationale of that decision and hold that the agreements for deed constituted obligations for payment of money....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2005 WL 1553976
...NOTES [1] Hollywood Beach Hotel Owners Association (Hollywood Beach Hotel) was the only defendant on the promissory note action; both Hollywood Beach Resort Condominium Association (Hollywood Beach Resort) and Hollywood Beach Hotel were signatories to the so-called letter agreement and defendants in that action. [2] Section 201.08, Florida Statutes (2004), is concerned primarily with ensuring the payment of statutorily mandated taxes and provides that: The mortgage, trust deed, or other instrument shall not be enforceable in any court of this state as to any such advance unless and until the tax due thereon upon each advance that may have been made thereunder has been paid. § 201.08(1)(b)....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...to the notes. If this was the basis for the court's refusal to receive the notes, then we think the court erred. Nothing in Florida law would deny enforceability of promissory notes merely because documentary stamps have been belatedly affixed. See § 201.08, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 16282, 2010 WL 4226438
...Because the final summary judgment was denied as to any personal liability of Mr. Wilson under the mortgage loan, we have not addressed the parties' contentions on that point. The final summary judgment is reversed and the case is remanded for further proceedings. [7] NOTES [1] Section 201.08(1)(b), Florida Statutes (2007), precludes judicial enforcement of a mortgage "unless and until the tax due thereon......
CopyCited 3 times | Published | Supreme Court of Florida | 157 Fla. 893, 1946 Fla. LEXIS 893
documents subject to the documentary stamp tax, and Section
201.08 defines the rate of taxation imposed on them
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 39 U.C.C. Rep. Serv. (West) 1529, 1984 U.S. App. LEXIS 16633
...Sel-O-Rak defended upon the ground that Associates was a general unsecured creditor. Sel-O-Rak claimed that Associates’ failure to purchase the documentary tax stamps on the underlying obligations of the security agreement, as required by Fla. Stat. § 201.08 (1) (1983), prevented the filing of a valid Uniform Commercial Code (UCC) financing statement; therefore Associates’ security interest was unperfected....
...The law requires that documentary stamp taxes “be affixed to and placed on all recordable instruments requiring documentary stamps according to law, prior to recordation.” Fla.Stat. §
201.01 (1983). The tax is owed on written obligations to pay money and security agreements. Fla.Stat. §
201.08(1) (1983)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...as additional consideration in the asset purchase. Thereafter, the Department of Revenue, by reason of the assumption and modification of mortgage agreement by Hialeah and the release of Hialeah Park, Inc. from liability, determined that such a transaction created an excise tax under Section 201.08(1), Florida Statutes (1977) [1] relating to such tax on all written obligations to pay money, and assessed a $13,000.00 tax plus penalties and interest....
...he Department of Revenue. Following a hearing, the Governor and Cabinet approved the recommended order. From this final agency action upholding the excise tax levy, Hialeah and Southeast perfected this appeal. We reverse. The excise taxes imposed by Section 201.08, Florida Statutes (1977) on written obligations to pay money are excise taxes on the documents themselves and not upon the transactions contemplated by the documents....
...Compare Leadership Housing, Inc. v. Department of Revenue,
336 So.2d 1239 (Fla. 4th DCA 1976). Accordingly, the final agency action of the Department of Revenue is reversed and the cause remanded for further proceedings consistent herewith. Reversed and remanded. NOTES [1]
201.08 Tax on promissory notes, written obligations to pay money, assignment of wages, etc.; exception....
CopyCited 3 times | Published | Supreme Court of Florida
...te from Charles Weinberg secured by a purchase money mortgage. The purchase and sale agreement, the agreement for deed and promissory note all related to the same transaction. Weinberg affixed documentary stamps to the promissory note as required by § 201.08, Florida Statutes, F.S.A., but declined to affix documentary stamps to the agreement for deed, contending that the cited statute did not so require....
...Relator, by this action in mandamus, seeks to recover that amount from respondent. The essential contention of the relator is that the promissory note, the purchase and sale agreement and the agreement for deed constitute an integral part of one taxable transaction on which the documentary stamp tax is imposed by § 201.08, Florida Statutes, F.S.A....
...rument rather than the transaction and being so, each of the enumerated instruments which go to make the transaction constitutes a separate, distinct obligation to pay money, consequently each *762 instrument is subject to the documentary stamp tax. Section 201.08, Florida Statutes, F.S.A., requires the documentary stamp tax to be paid "on promissory notes, non-negotiable notes, written obligations to pay money, assignments of salaries, wages, or other compensation, made, executed, delivered, so...
...Mortgages which incorporate the certificate of indebtedness, not otherwise shown in separate instruments, are subject to the same tax at the same rate." The real point in the case is whether or not the agreement for deed is subject to the documentary stamp tax imposed by § 201.08, Florida Statutes, F.S.A. The answer to this question turns on the interpretation of § 201.08, Florida Statutes, F.S.A. Bear in mind at the outset that § 201.08, Florida Statutes, F.S.A., is a taxing statute with a penal provision and the rule is that such statutes should be construed strictly and all doubts or ambiguities resolved in favor of the taxpayer....
...Examination of the agreement for deed reveals no indicia by which it could be placed in the class with a promissory note, non-negotiable note, written obligation to pay money, assignment of salary, wages or other compensation, made, executed, delivered, sold, transferred or assigned as contemplated by § 201.08, Florida Statutes, F.S.A....
...d in the large, the agreement for deed contains little more than a list of details for executing the purchase and sales agreement. These details are executory; they do not form the basis of an obligation to pay money within the meaning and intent of § 201.08, Florida Statutes, F.S.A., and, therefore, cannot be said to be in the same class as promissory notes, non-negotiable notes and other written obligations to pay money....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1990 Fla. App. LEXIS 200, 1990 WL 2406
...No additional property was pledged or mortgaged by the first supplemental indenture. After the Department proposed to assess documentary tax on the indenture in the amount of $19,500 plus interest and penalties, the appellees filed this suit to contest the assessment. Chapter 201 imposes an excise tax on certain documents. Section 201.08, Florida Statutes (1981), provides in part as follows: 201.08 Tax on promissory or nonnegotiable notes, written obligations to pay money, or assignments of wages or other compensation; exception....
...On appeal, the Department contends that the first supplemental indenture of mortgage and deed of trust is a "mortgage" as defined in Florida Administrative Code Rule 12B-4.052(7) and section
697.01(1), Florida Statutes, and therefore is subject to tax under section
201.08....
...In State, Department of Revenue v. Bonard Enterprises, Inc.,
515 So.2d 358 (Fla. 2d DCA 1987), review denied,
523 So.2d 576 (Fla. 1988), the second district held that an agreement to assume a mortgage was not subject to documentary stamp tax under section
201.08, Florida Statutes (1985), where there had been no release of the original mortgagor....
...1979) (no taxable event where assignee of leasehold subject to existing mortgages had to pay mortgages only as long as his leasehold interest continued). Since the first supplemental indenture and deed of trust is merely a guarantee of payment, it is not subject to tax under section 201.08....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...At trial, the borrower moved for a directed verdict, arguing, for the first time, that the lender had failed to present any evidence that the documentary stamps and intangible taxes on the 1995 modification agreement had been paid and that sections
199.282 and
201.08, Florida Statutes, precluded enforcement of the note and mortgage absent the payment of these items....
...counterclaim for damages. During the trial, the note, sans documentary tax stamps, was introduced into evidence. After the subcontractor rested its case, the owners moved to dismiss the action, arguing the note was unenforceable as a consequence of section 201.08....
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
(Fla.5th Dist.Ct.App.1999) (citing Fla. Stat. §
201.08(1) (1997)). The July 26, 2000, promissory note
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 1288, 1989 Fla. App. LEXIS 3068, 1989 WL 59471
...Appellee argued that the documentary stamp tax is an excise tax on the promise to pay, as measured by the indebtedness or obligation itself, which in this case was $23,800,000. The trial court rejected appellants' argument, and this appeal followed. Section 201.08(1), Florida Statutes, provides in pertinent part: On mortgages, trust deeds, security agreements, or other evidences of indebtedness filed or recorded in this state, and for each renewal of the same, the tax shall be fifteen cents on e...
...When there is both a mortgage, trust deed, or security agreement and a note, certificate of indebtedness, or obligation, the tax shall be paid on the mortgage, trust deed, or security agreement at the time of recordation. (emphasis added) The amount of the tax imposed under Section 201.08(1) is to be determined at the time of recordation based on information on the face of the document recorded and not on facts derived from other documents....
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2017 Bankr. LEXIS 1854
Chapter 7 Trustee relies on Florida Statute Section
201.08 as it existed in 2001, claiming the statute
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit | 1999 WL 1247766
...Enforceability of the Promissory Note
On appeal, Lake Forest first argues that the district court erred in granting summary judgment on the
note because AFF had not obtained the necessary Florida documentary tax stamps for the note prior to
commencement of the district court proceedings. Under Section 201.08(1) of the Florida Statutes, a note is
not enforceable until the requisite documentary tax has been paid. Fla. Stat. Ann. § 201.08(1) (West 1999).
During the proceedings before the district court, the original loan documents apparently were misplaced and
were not produced until the summary judgment hearing....
...ummary judgment
on the grounds that AFF had not obtained the documentary tax stamps necessary to enforce the promissory
note. With the court's permission, AFF paid the tax, and the court then entered final judgment.
The plain language of Section 201.08(1) provides that an "instrument shall not be enforceable in any
court of this state ......
...did not bar the entry of final judgment.
We also find no merit in Lake Forest's alternative argument that the note was unenforceable because
AFF did not pay a penalty for the delayed payment of the tax. Here, again, the plain language of Section
201.08 is conclusive....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 198315
...Barnett Bank of South Florida, N.A., Sun Bank/Miami, N.A., and Southeast Bank, N.A., [hereafter "the Banks"], each filed separate petitions to the Florida Department of Revenue seeking a declaratory judgment that home equity loans secured by mortgages on real property are not subject to documentary stamp taxation under Section 201.08(1), Florida Statutes (1989). The Department of Revenue consolidated the Banks' petitions and issued a single *528 declaratory statement finding that the mortgage recordings were subject to the documentary stamp tax under Section 201.08(1)....
...Specifically, the mortgage secures the loan of the agreement stating that the borrower may borrow "an undetermined sum not to exceed the maximum principal amount of $30,000.00." The mortgage goes on to state that: "The Agreement by reference is made a part hereof to the same extent as though set out in full herein." Section 201.08(1) was amended in 1977 to add mortgages and other evidences of indebtedness to the category of documents subject to documentary stamp tax....
...viding in part: On promissory notes, nonnegotiable notes, written obligations to pay money and for each renewal of the same on each $100 of the indebtedness or obligation evidenced thereby, the tax shall be 15 cents on each $100 or fraction thereof. § 201.08(1), Fla....
...ation evidenced thereby.... When there is both a mortgage, trust deed, or security agreement and a note, certificate of indebtedness, or obligation, the tax shall be paid on the mortgage, trust deed, or security agreement at the time of recordation. § 201.08(1), Fla. Stat. (1989). In interpreting the meaning of Section 201.08(1), our starting point is the language of the statute itself....
...s exempt from documentary stamp tax. First, we note that the cases cited by the Banks do not deal with the taxability of mortgages and, furthermore, were all decided prior to the 1977 amendments. More importantly, at the time the Legislature amended Section
201.08(1) to include mortgages, Section
697.01(1), Florida Statutes (1977), was in existence and specifically recognized that mortgages as a class of instruments can be conditioned or defeasible....
...e." Thus, it is clear that the Legislature expressly intended to put this conditional or contingent type of document into the class of documents subject to the documentary stamp tax when it specifically added mortgages to the class of instruments in Section 201.08(1) that are subject to documentary stamp taxation....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 20020, 2014 WL 6911148
...due-on-sale clause.”
43 So. 3d at 84.
12
Additionally, there is no evidence in the existing record to demonstrate that
Nikooie paid documentary stamp and intangible taxes on the last $189,300 of the
claimed indebtedness. Section
201.08(1)(b), Florida Statutes (2007), specifies that
a mortgage or other instrument “shall not be enforceable in any court of this state
as to any such advance unless and until the tax due thereon upon each advance that
may have been ma...
...Cn’R Industries
of Jacksonville, Inc.,
526 So. 2d 974 (Fla. 1st DCA 1988).
The Fifth District has addressed the particular question presented in the
instant case, holding that “any court,” including an appellate court, should refuse
enforcement of a promissory note under section
201.08(1) if there is no evidence
that the required documentary stamp taxes have been paid:
To this end, section
201.08(1) constitutes an injunction prohibiting
courts from enforcing rights created by instruments upon which
required taxes have not been paid. . . .
....
Unlike an affirmative defense, section
201.08 was not enacted
for the protection of any particular class of defendants, nor was it
enacted to preserve the integrity of the judicial proceedings.
Therefore, a defendant’s failure to plead a plaintiff’s noncompliance
with section
201.08 does not waive the state’s right to receive
payment of the requisite taxes nor does such noncompliance excuse
the court from complying with the prohibition contained in the statute.
Somma v....
...unenforceability for non-payment of documentary and intangible taxes. First, the
dissent favors the interpretation by the Fourth District in Glenn Wright Homes
14
(Delray) LLC v. Lowy,
18 So. 3d 693 (Fla. 4th DCA 2009) (concluding that
section
201.08(1) precludes enforcement as to “future advances,” but not as to an
original mortgage lien). We disagree with that interpretation, because it did not
address the distinction between “each advance” under a mortgage and “any such
future advance” in the last two sentences of section
201.08(1).12 Second, the
dissent expresses a concern that we are establishing precedent that Florida’s
appellate courts are “duty-bound to examine all debt instruments, mortgages, and
other similar obligations in the quiet of our chamb...
...The amount used to satisfy the 2005 mortgage loan may be enforced
because documentary stamp and intangible taxes were paid on that mortgage
pursuant to Chapters 199 and 201; no such payments apparently were made by
Washington Mutual regarding the additional principal. The same bar of sections
199.282 and
201.08, Florida Statutes (2006), that applies to Nikooie applies as well
to JPMorgan....
...a mortgage debt is unenforceable in Florida unless excise18 and intangible taxes19
have been paid on the mortgage, regardless of whether nonpayment is raised as a
bar to enforcement. As authority for the former, the majority plucks a phrase from
the last sentence of section 201.08(1)(b) of the Florida Statutes, which states that a
mortgage, trust deed, or other instrument “shall not be enforceable in any court of
this state as to any such advance unless and until the tax due thereon upon each
advance that may have been made thereunder has been paid.” Majority Op....
...201 of the Florida Statutes, titled “Excise Tax on Documents.”
19 Intangible taxes are governed by Chapter 199 of the Florida Statutes, titled
“Intangible Personal Property Taxes.”
25
The clause lifted by the majority from section 201.08(b)(1) is taken from the
last sentence of section 201.08(b)(1). Section 201.08 reads in full as follows:
201.08....
...ree. The mortgage, trust deed, or
other instrument shall not be enforceable in any court of this state
as to any such advance unless and until the tax due thereon upon
each advance that may have been made thereunder has been paid.
§ 201.08(1), Fla....
...Reading the words in the context of the whole statute, as we are
required to do, Acosta v. Richter,
671 So. 2d 149, 153-54 (Fla. 1996), “each
advance cannot be interpreted to include the original loan disbursal because the
statute distinguishes between “future advances” and the “initial debt or obligation.”
§
201.08(1) (“If the mortgage ....
...27
advanced . . . .”) Thus, the unenforceability provision applies to future advances,
not the initial loan disbursal.
Judge Martha Warner cogently explained the workings of section 208.08(1)
as follows:
Section 201.08(1) provides for the tax to be paid on promissory
notes and mortgages or other deeds of trust....
...(making willful failure to pay intangible tax a
third-degree felony); §
199.282(2)-(3) Fla. Stat. (2005) (assessing penalties);
§12C-2.007, Fla. Admin. Code (assessing penalties and interest). Finally,
analogous to the language of section
201.08(b) concerning future advances, section
199.282(4) states with respect to intangible taxes: “No mortgage, deed of trust, or
other lien upon real property situated in this state shall be enforceable in any
Florida court . . . until the nonrecurring tax imposed by this chapter . . . has been
paid.” However, just like section
201.08(b), section
199.282(4) nowhere imposes
an obligation on a judge of this or any other court to enforce collection of the tax.22
There is no doubt, as Judge Warner eloquently wrote in Glenn Wright
Homes, the state has a substant...
...Florida Statutes (1989).”); Silber v. Cn’R Indus. of Jacksonville, Inc.,
526 So. 2d
974, 975 (Fla. 1st DCA 1988) (noting defendants moved to dismiss the plaintiff’s
cause of action to enforce the note, contending the note was unenforceable for
failure to comply with section
201.08)....
...uences of
defaulted mortgage debt, nor have I been able to locate such a case. When the
parties fail to raise an issue, I do not believe this court must search all records to
find a basis upon which to reverse.
For all these reasons, and as section 201.08(1)(b) expressly requires, I would
credit all principal amounts due each creditor on each mortgage and order the
priorities of those liens chronologically by recording event as follows:
1....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 3883, 2008 WL 723841
...WRJ contends that, because North Ring failed to pay the documentary stamp tax on the Note prior to issuance of the final judgment against WRJ, the circuit court erred in denying its Motion to Vacate and for issuing the final judgment based on the unenforceable Note. We disagree. Section 201.08(1) of the Florida Statutes states that "[t]he mortgage, trust deed, or other instrument shall not be enforceable in any court of this state . . . until the tax due thereon . . . has been paid." § 201.08(1), Fla....
...Rite Aid, Inc.,
783 So.2d 307, 308 (Fla. 4th DCA 2001) ("[A] plaintiff may recover money damages against the transferor under the so-called catchall provision . . . of the Uniform Fraudulent Transfer Act."). The case law relating to the enforceability of promissory notes pursuant to section
201.08(1) of the Florida Statutes is relevant only to actions seeking recovery pursuant to a note....
CopyCited 1 times | Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 102, 1986 Fla. App. LEXIS 5829
Judge, concur. . §
516.17, Fla.Stat. (1983). . §
201.08(1), Fla.Stat. (1983). . Corbin, A., 4 Corbin
CopyPublished | District Court, S.D. Florida | 36 U.C.C. Rep. Serv. (West) 1792, 1983 U.S. Dist. LEXIS 14076
...obligation. These issues were tried before the Bankruptcy Court. During the trial appellee asserted for the first time that the appellant had never paid the documentary stamp tax on the underlying obligations of the security agreement as required by section 201.08, Florida Statutes (1981)....
...been paid. This conclusion is an erroneous interpretation of Florida law. Moreover, appellee's reliance on Kotzen v. Levine,
678 F.2d 140 (11th Cir.1982) in support of the lower court decision is misplaced. That case stands for the proposition that §
201.08 prohibits the enforcement of a promissory note until the documentary stamp taxes are paid....
CopyPublished | District Court of Appeal of Florida
documentary stamp tax and an intangible tax). §
201.08(1)(b), Fla. Stat. (2018); §
199.282(4), Fla. Stat
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 37 U.C.C. Rep. Serv. (West) 634, 1983 Bankr. LEXIS 5269
The district court based dismissal on Fla.Stat. §
201.08. In the matter before me, we are not concerned
CopyPublished | Supreme Court of Florida
resolution is whether or not in construing Section
201.08, Florida Statutes, F.S.A., the rule of ejusdem
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 15579, 2004 WL 2363628
...In this documentary tax dispute, the Florida Department of Revenue ("DOR") asserts that the trial court erred in granting summary judgment wherein it concluded that a lease for computer equipment was not subject to documentary stamp taxes pursuant to section 201.08, Florida Statutes (2004)....
...The instant dispute arose when Appellees filed an action in the year 2000 challenging documentary tax assessments made by the DOR on equipment leased during the tax years 1992 through 1996. We begin our analysis by discussion of the applicable statute. Section 201.08 provides that a documentary stamp tax shall be imposed on "promissory notes, nonnegotiable notes, written obligations to pay money, or assignments of salaries, wages, or other compensation...." (emphasis added)....
CopyPublished | Florida 4th District Court of Appeal | 2015 WL 6161123
note and mortgage triggered the tax imposed by section
201.08(2), Florida Statutes (2010). We hold that the
CopyPublished | Florida 4th District Court of Appeal
...Greene and Anthony M. Stella of Fox Rothschild, LLP, West
Palm Beach, for appellee.
GROSS, J.
We affirm the final judgment of foreclosure and write to address one
issue—whether the deferred interest provision of a note and mortgage
triggered the tax imposed by section 201.08(2), Florida Statutes (2010).
We hold that the deferred interest provision fell under an exception to the
general rule of taxability, so that no tax was due on the deferred interest
added to the principal amount owed by the borrower and the mortgage
and note were enforceable.
A bank loaned appellant $640,000....
...At the
time the complaint was filed, appellant’s deferred interest resulted in a
principal amount owed of $647,079.04. The bank had paid documentary
stamp taxes only on the original principal of $640,000.
Steinberg argues that his deferred interest amounted to a “future
advance” within the meaning of section 201.08(1)(a), Florida Statutes
(2010), which would have required the payment of a documentary stamp
tax. We reject this argument because the advances here did not trigger
the obligation to pay a tax.
Section 201.08 concerns, among other things, the documentary stamp
tax owed on promissory notes and mortgages....
...mortgage or note is not “enforceable in any court of this state as to any
such advance unless and until the tax due” on each advance has been
paid. Id.; see Glenn Wright Homes (Delray) LLC v. Lowy,
18 So. 3d 693,
696 (Fla. 4th DCA 2009).
Steinberg reasons that section
201.08(1)(b) should be read in
conjunction with section
697.04(1)(b), Florida Statutes (2010), entitled
“Future advances may be secured.” Steinberg points to language in
section
697.04(1)(b), which states: “any increase in the principal balance
as a result of negative amortization or deferred interest shall be secured
by the mortgage.” Reading sections
201.08(1)(b) and
697.04(1)(b) together,
Steinberg concludes “that any increase in the principal balance as a result
of negative amortization is secured by the mortgage” and is a form of
taxable future advance. The problem with this argument is that nothing
in section
697.04 expands or contracts the concept of a taxable future
advance set forth in section
201.08(1)(b). See also Wane v. Loan Corp.,
552 F. App’x 908 (11th Cir. 2014). Section
697.04 primarily concerns the
securing of future advances under a mortgage; it is not a taxation statute.
Section
201.08(1)(b) creates an exception to the general rule of
taxability of future advances:
Notwithstanding the aforestated general rule, any increase in
the amount of original indebtedness caused by interest
accruing under an a...
...months shall be taxable as a future advance only to the
extent such increase is a computable sum certain when
the document is executed.
(Emphasis added).
-2-
As a result of this statutory exception, section 201.08(1) did not
prohibit the bank’s enforcement of the note and mortgage....
...Therefore, the
extent of any deferred interest amount was not a “computable sum certain
when the document[s were] executed,” such that any deferred interest
added to the principal amount was not a taxable “future advance” within
the meaning of subsection 201.08(1)(b).
Accordingly, the bank did not owe any taxes under section 201.08(1)(b),
so its note and mortgage were enforceable.
Affirmed.
STEVENSON and TAYLOR, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing....
CopyPublished | District Court of Appeal of Florida
described above) comes within the provisions of Section
201.08, Florida 'Statutes, F.S.A., so that it must
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2623, 1987 Fla. App. LEXIS 10999
not subject to documentary stamp taxes under section
201.08, Florida Statutes (1985), where, as here, there
CopyPublished | District Court of Appeal of Florida
due under the unique facts of this case. See §
201.08(5), (6), Fla. Stat. (2010); Fla. Admin. Code
CopyPublished | Florida 2nd District Court of Appeal
tax due under the unique facts of this case. See §
201.08(5), (6), Fla. Stat. (2010) ; Fla. Admin. Code
CopyPublished | Florida 2nd District Court of Appeal
tax due under the unique facts of this case. See §
201.08(5), (6), Fla. Stat. (2010) ; Fla. Admin. Code
CopyPublished | District Court of Appeal of Florida
Serpas moved for involuntary dismissal based on section
201.08(1)(b), Florida Statutes, which precludes the
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
proper stamps have been affixed to themortgage. Section
201.08(1), F. S., as amended by s. 2 of Ch. 77-414
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 836, 1987 Fla. App. LEXIS 7311
these cases refer to the excise tax imposed by section
201.08, Florida Statutes (1979) (tax on written obligations
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4683
renewal notes were taxable in full pursuant to section
201.08(1), Florida Statutes (1975), or partially exempt
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 5841
generally for an excise tax on various documents. Section
201.08 provides specifically for a tax on notes and
CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 5903
documentary stamp tax was paid as required by F.S. Section
201.08, F.S.A.1 When this purchase money mortgage
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15155
contention. The statute governing this question is §
201.08(1), Florida Statutes (1973), and it reads in pertinent
CopyPublished | District Court of Appeal of Florida
(Fla. 3d DCA 1991) (“[T]here is nothing in [section
201.08(1), Florida Statutes,] or the case decisions
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 5938
Florida Statutes 1963, F.S.A., particularly section
201.08 thereof. The complaint also prayed for general
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 6738
statement, as required by Fla.Stats. §
201.01 and § 201.-08. See Findings of Fact and Conclusions of Law entered
CopyPublished | District Court of Appeal of Florida
3 Section
201.08(1)(b) provides that “[t]he mortgage . . . shall
CopyPublished | Florida 3rd District Court of Appeal | 1977 Fla. App. LEXIS 17206
documentary stamp tax alleged to be due under F.S.
201.08 plus a penalty of like amount pursuant to F.S
CopyPublished | Court of Appeals for the Eleventh Circuit
...Enforceability of the Promissory Note
On appeal, Lake Forest first argues that the district court erred in granting
summary judgment on the note because AFF had not obtained the necessary
Florida documentary tax stamps for the note prior to commencement of the district
court proceedings. Under Section 201.08(1) of the Florida Statutes, a note is not
enforceable until the requisite documentary tax has been paid. Fla. Stat. Ann. §
201.08(1) (West 1999)....
...order granting summary judgment on the grounds that AFF had not obtained the
documentary tax stamps necessary to enforce the promissory note. With the
court’s permission, AFF paid the tax, and the court then entered final judgment.
The plain language of Section 201.08(1) provides that an “instrument shall
not be enforceable in any court of this state ....
...-5-
We also find no merit in Lake Forest’s alternative argument that the note
was unenforceable because AFF did not pay a penalty for the delayed payment of
the tax. Here, again, the plain language of Section 201.08 is conclusive....
CopyPublished | District Court of Appeal of Florida
of the unenforceable portions of the debt. See §
201.08(1)(b); Glenn Wright Homes (Delray) LLC v. Lowy
CopyAgo (Fla. Att'y Gen. 1986).
Published | Florida Attorney General Reports
PROPERTY SUBJECT TO THE DOCUMENTARY STAMP TAX OF SECTION
201.08, FLORIDA STATUTES, AS A WRITTEN UNCONDITIONAL
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15976
in the final judgment as 208.08 is actually Section
201.08, Florida Statutes (1975). In pertinent part
