Announcement by
Don W. Howard
Clerk of Circuit Court
Okaloosa County, Florida

Effective June 1, 2008, §201.022, F.S., is repealed, per Chapter 2008-24.  The repeal means that the DR-219 form (Return of Transfers of Interest in Real Property), previously required as a condition of recording for any document transferring an interest in real property, will no longer exist.

Please be advised that §201.02(1), F.S., the obligation to pay documentary stamp taxes at a rate of $0.70 per $100.00 consideration, is still in effect.  Also still in effect is §201.02(3), F.S., the requirement that the documentary stamp taxes be paid to this office, upon recording of a deed or other document transferring an interest in real property.

Failure to pay the full amount of documentary stamps due will result in a penalty under §201.17(2)(b), F.S.  The penalty is equal to 10 percent of any unpaid tax and may escalate to 50 percent of the unpaid tax, depending on the amount of time the tax is unpaid.  Interest of one percent per month is charged based upon the amount of tax due from the date of recordation until the tax is paid.  Additional penalties may apply.

There is a continuing obligation to pay documentary stamp taxes based on the consideration, as required by law and defined by code, on value paid for a deed transferring any interest in real property.  If incorrect documentary stamp taxes are paid, penalty and interest may accrue.

The definition of consideration may be highly technical and may require assistance.  This office has very limited information and advises that in all cases you contact the Florida Department of Revenue for exact directions. 

We suggest that you contact the Florida Department of Revenue Taxpayer Services, Monday through Friday, 7 a.m. to 6 p.m., at 800-352-3671.  Or you may want to contact James McAdams, Program Director, Property Tax Oversight, Florida Department of Revenue, PO Box 3000, Tallahassee, FL 32315-3000, 850-488-3338, dorpto@dor.state.fl.us.