12B-4.003: Public Use Forms
12B-4.007: Recordation of Documents
12B-4.014: Conveyances Not Subject to Tax
PURPOSE AND EFFECT: Chapter 2008-24, Laws of Florida (L.O.F.), repealed the requirement to file a form with the clerk of the court when recording a document transferring an interest in real property previously provided in Section 201.022, Florida Statutes (F.S.). The purpose of these proposed rule changes is to: (1) remove the requirements for filing Form DR-219, Transfers of Interest in Real Property, rendered obsolete by this law, with the clerk of the court; (2) provide a new form to document the exemption provided under Section 201.02(6), F.S.; and (3) update the information on how to obtain a copy of a form from the Department.
SUMMARY: The proposed amendments to Rule 12B-4.003, F.A.C. (Public Use Forms), Rule 12B-4.007, F.A.C. (Recordation of Documents), and Rule 12B-4.014, F.A.C. (Conveyances Not Subject to Tax): (1) remove the requirements regarding the filing of Form DR-219 (Return for Transfers of Interest in Real Property) with the clerk of the court and the provisions regarding the collection allowance previously provided to the clerk of the court for receiving and processing the forms; (2) adopt new Form DR-229 (Documentary Stamp Tax – Subsection 201.02(6), Florida Statutes, Exemption), to be used to document the exemption for the transfer of real property from certain nonprofit organizations to the Board of Trustees of the Internal Improvement Trust Fund, to any state agency, to any water management district, or to any local government; and (3) update the information on how to obtain a copy of a form from the Department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 201.11, 213.06(1) FS.
LAW IMPLEMENTED: 201.01, 201.02, 201.022, 201.031(1), 201.07, 201.08(1)(a), 201.12, 201.133 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 15, 2009, 10:30 a.m.
PLACE: Room 118, Carlton Building, 501 S. Calhoun Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Larry Green at (850)922-4830. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Tim Phillips, Tax Law Specialist, Technical Assistance and Dispute Resolution, Department of Revenue, P. O. Box 7443, Tallahassee, Florida 32314-7443, telephone (850)922-4724
THE FULL TEXT OF THE PROPOSED RULE IS:
12B-4.003 Public Use Forms.
(1) The following public-use forms and instructions are employed by the Department of Revenue in its administration of the documentary stamp tax, and are hereby incorporated in this rule by reference. Copies of these forms are available, without cost, by one or more of the following methods: 1) downloading the form from the Department’s Internet site at www.myflorida.com/dor/forms; or, 2) calling the Department at (800)352-3671, Monday through Friday, 8 a.m. to 7 p.m., Eastern Time; or, 3) visiting any local Department of Revenue Service Center; or, 4) writing the Florida Department of Revenue, Distribution Center, 168A Blountstown Highway, Tallahassee, Florida 32304; or, 2) faxing the Distribution Center at (850)922-2208; or, 3) visiting any local Department of Revenue Service Center to personally obtain a copy; or, 4) calling the Forms Request Line during regular office hours at (800)352-3671 (in Florida only) or (850)488-6800; or, 5) downloading selected forms from the Department’s Internet site at the address shown inside the parentheses (www.myflorida.com/dor). Persons with hearing or speech impairments may call the Department’s TDD at (800)367-8331 or (850)922-1115.
Form Number Title Effective Date
(2) DR-219 Return for Transfers of Interest in Real Property (R. 07/98) 05/03
(3) through (4) renumbered (2) through (3) No change.
(4) DR-229 Documentary Stamp Tax –
Subsection 201.02(6), Florida
Statutes, Exemption (N. 09/08) _____
Specific Authority 201.11, 213.06(1) FS. Law Implemented 201.01, 201.02(1), 201.022, 201.031(1), 201.07, 201.08(1)(a), 201.133 FS. History–Revised 8-18-73, Formerly 12A-4.03, Amended 9-26-77, 12-11-78, Formerly 12B-4.03, Amended 12-5-89, 2-16-93, 10-20-93, 12-30-97, 5-4-03, 6-28-05, 1-1-08,________.
12B-4.007 Recordation of Documents.
The following information pertains to the recordation of documents requiring tax under Chapter 201, F.S.
(1) through (5) No change.
(6) Form DR-219: As a condition precedent to recording a deed or other instrument transferring an interest in Florida real property, the grantor or the grantee or his authorized agent shall complete and file with the Clerk of the Circuit Court in the county where the property is located a return, form DR-219. The return shall state the full consideration for the transfer as well as the parcel identification number. If the Return for Transfers of Interest in Florida Real Property (Form DR-219) required under Section 201.022, F.S., is not properly executed and filed by the taxpayer, the Clerk must execute and file the return with the Department. Chapter 201, F.S., allows authorized agents to take as a collection allowance one-half of one percent (0.5%) of the tax collected by them. Clerks of Circuit Court are allowed an additional compensation, for the cost of processing the DR-219 forms, of one percent (1%) of the tax paid for all deeds. The Clerk shall deduct this amount from the amount of the tax due and remitted by the Clerk in the manner permitted by the Department. No deduction or allowance of one percent (1%) for the processing of DR-219 forms shall be granted when there is a manifest failure to maintain proper records or make proper reports. These collection allowances shall be taken at the time the tax collected is remitted to the state. The original of the DR-219 return shall be forwarded by the Clerk of the Circuit Court to the Department of Revenue, with a copy forwarded to the County Property Appraiser in the county where the property is located. The return may not be computer-generated except by prior permission of the Department. The return shall be confidential as provided by Section 193.074, F.S.
Specific Authority 201.11(1), 213.06(1) FS. Law Implemented 201.01, 201.022, 201.12 FS. History–Revised 8-18-73, Formerly 12A-4.07, 12B-4.07, Amended 12-29-86, 12-5-89, 2-16-93, 12-30-97, _________.
12B-4.014 Conveyances Not Subject to Tax.
(1) through (13) No change.
(14) An assignment, transfer, or other disposition of real conveying property from a nonprofit organization, as defined in Section 201.02(6), F.S., to any state agency, water management district, or local government is exempt from tax on the conveyance. The exempt status of the document must be indicated by affixing the statement that is provided in label format on Form DR-229 (Documentary Stamp Tax – Subsection 201.02(6), Florida Statutes, Exemption, incorporated by reference in Rule 12B-4.003, F.A.C.) (Section 501(c)(3) IRC) and purpose of the organization must be indicated on the DR-219 form filed with the Clerk.
(15) No change.
Specific Authority 201.11, 213.06(1) FS. Law Implemented 201.01, 201.02 FS. History–Revised 8-18-73, Formerly 12A-4.14, Amended 2-21-77, 12-26-77, 12-23-80, Formerly 12B-4.14, Amended 12-5-89, 6-4-90, 2-13-91, 2-16-93, 10-18-94, 12-30-97, 1-4-01,_________.