2/18/1992 - Laserfiche WebLink

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Commissioner Carolyn K. Eggert Commissioner Margaret C. Bowman Commissioner Gary C. Wheeler Commissioner Richard N. Bird Commissioner Don C. Scurlock, Jr. The Chairman thereupon declared the resolution duly passed and adopted this 18 , day of 7 February , 1992. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By [J /f CarolypjK. EggextX a.i Xmil v D. Payment of Tax on Documents (Doc Stamps) The Board reviewed memo from Assistant County Attorney Terry O'Brien dated January 31, 1992: TO: Board of County Commissioners FROM: Terrence P. O'Brien - Assistant County Attorney C v- j DATE: January 31, 1992 SUBJECT: PAYMENT OF TAX ON DOCUMENTS (DOC STAMPS), Under Section 201.24, Florida Statutes, if the County acquires property from a private party the private party is required to pay the "doc stamps" on recording the deed. This can often make a recalcitrant seller or donor more so. Accordingly, this office asked the Attorney General for an opinion on the requirements of Section 201.24, F. S. The Attorney General in Opinion 92-7 opined, in part, as follows: Therefore, I am of the opinion that the private party is liable for the payment of the excise tax on documents. The county, however, if it determines that such payment serves an identifiable county purpose, may pay, on behalf of the private party, such taxes on real property it acquires by donation, purchase, or settlement of an eminent domain proceeding. The determination of whether such payment constitutes a county purpose in any given instance is one which must be made the county commission. In view of the foregoing, the staff requests authority to pay the "doc stamps" from County funds whenever property is acquired by donation, for easement, by dedication, or by forced acquisition. 7 FEB 18 1992