Florida Senate - 2018 SB 312 By Senator Steube 23-00392-18 2018312__ 1 A bill to be entitled 2 An act relating to the excise tax on documents; 3 amending s. 201.02, F.S.; providing an exception, 4 under certain circumstances, from the tax on deeds or 5 other instruments transferring or conveying homestead 6 property or interests in homestead property between 7 spouses; providing applicability; conforming 8 provisions to changes made by the act; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (7) of section 201.02, Florida 14 Statutes, is amended to read: 15 201.02 Tax on deeds and other instruments relating to real 16 property or interests in real property.— 17 (7) Taxes imposed by this section do not apply to: 18 (a) A deed, transfer, or conveyance between spouses or 19 former spouses pursuant to an action for dissolution of their 20 marriage wherein the real property is or was their marital home 21 or an interest therein. Taxes paid pursuant to this section 22 shall be refunded in those cases in which a deed, transfer, or 23 conveyance occurred 1 year before a dissolution of marriage. 24 This paragraph
subsectionapplies in spite of any consideration 25 as defined in subsection (1). This paragraph subsectiondoes not 26 apply to a deed, transfer, or conveyance executed before July 1, 27 1997. 28 (b) A deed or other instrument that transfers or conveys 29 homestead property or any interest in homestead property only 30 between spouses, if the only consideration for the transfer or 31 conveyance is the amount of a mortgage or other lien encumbering 32 the homestead property at the time of the transfer or conveyance 33 and if the transfer or conveyance is recorded within 1 year 34 after the date of the marriage. This paragraph applies to 35 transfers or conveyances from one spouse to another, from one 36 spouse to both spouses, or from both spouses to one spouse. 37 Section 2. This act shall take effect July 1, 2018.