Regarding Florida legal form DR-219 Requirement:
Laws of Florida 2008-24 (HB 7019) which was signed into law by the Governor and becomes effective June 1, 2008- removes the requirement for the filing of a DR-219 as a condition to recording a deed. However, the legislation failed to provide a new framework for the counties to replace this procedure.
The DR-219 form detailed the transaction details and the doc stamp requirements for the county clerks. The doc stamps will still be due and must be paid prior to recording (see F.S. 201.01). Presumably these will still be collected by the clerks.
Since in Florida, the total consideration paid is not normally shown on the face of a deed, a mechanism will need to be created to provide information to the clerks. Until this is done, each clerk will be adopting their own standards. This may create a risk that many deeds will be rejected in the upcoming months.
In the short term, it is recommended that each closing agent contact the appropriate clerk’s office to discover the individual current requirements before sending a deed for recording. A notation as follows may also be helpful on the cover letter sent to the clerk.
Doc Stamps on Deed $
Recording Deed ( ___ pages) $
Doc Stamps on Mortgage $
Int. Tax on Mortgage $
Recording Mort (__ pages) $
If you currently have a closing in process- it is recommended you consult with your closing agent to ensure they are also aware of this change….
Laws of Florida 2008-24 (HB 7019) which was signed into law by the Governor and becomes effective June 1, 2008- removes the requirement for the filing of a DR-219 as a condition to recording a deed. However, the legislation failed to provide a new framework for the counties to replace this procedure.
The DR-219 form detailed the transaction details and the doc stamp requirements for the county clerks. The doc stamps will still be due and must be paid prior to recording (see F.S. 201.01). Presumably these will still be collected by the clerks.
Since in Florida, the total consideration paid is not normally shown on the face of a deed, a mechanism will need to be created to provide information to the clerks. Until this is done, each clerk will be adopting their own standards. This may create a risk that many deeds will be rejected in the upcoming months.
In the short term, it is recommended that each closing agent contact the appropriate clerk’s office to discover the individual current requirements before sending a deed for recording. A notation as follows may also be helpful on the cover letter sent to the clerk.
Doc Stamps on Deed $
Recording Deed ( ___ pages) $
Doc Stamps on Mortgage $
Int. Tax on Mortgage $
Recording Mort (__ pages) $
If you currently have a closing in process- it is recommended you consult with your closing agent to ensure they are also aware of this change….