Florida Statutes

Fla. Stat. § 196.031 (2025)

Exemption of homesteads.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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196.031 Exemption of homesteads.—

(1)(a) A person who, on January 1, has the legal title or beneficial title in equity to real property in this state and who in good faith makes the property his or her permanent residence or the permanent residence of another or others legally or naturally dependent upon him or her, is entitled to an exemption from all taxation, except for assessments for special benefits, up to the assessed valuation of $25,000 on the residence and contiguous real property, as defined in s. 6, Art. VII of the State Constitution. Such title may be held by the entireties, jointly, or in common with others, and the exemption may be apportioned among such of the owners as reside thereon, as their respective interests appear. If only one of the owners of an estate held by the entireties or held jointly with the right of survivorship resides on the property, that owner is allowed an exemption of up to the assessed valuation of $25,000 on the residence and contiguous real property. However, an exemption of more than $25,000 is not allowed to any one person or on any one dwelling house, except that an exemption up to the assessed valuation of $25,000 may be allowed on each apartment or mobile home occupied by a tenant-stockholder or member of a cooperative corporation and on each condominium parcel occupied by its owner. Except for owners of an estate held by the entireties or held jointly with the right of survivorship, the amount of the exemption may not exceed the proportionate assessed valuation of all owners who reside on the property. Before such exemption may be granted, the deed or instrument shall be recorded in the official records of the county in which the property is located. The property appraiser may request the applicant to provide additional ownership documents to establish title.

¹(b) Every person who qualifies to receive the exemption provided in paragraph (a) is entitled to an additional exemption of up to $25,000 on the assessed valuation greater than $50,000 for all levies other than school district levies. The $25,000 value of the additional exemption provided in this paragraph shall be adjusted annually on January 1 of each year for inflation using the percentage change in the Consumer Price Index for All Urban Consumers, U.S. City Average, all items 1967=100, or successor reports for the preceding calendar year as initially reported by the United States Department of Labor, Bureau of Labor Statistics, if such percent change is positive.

(2) As used in subsection (1), the term “cooperative corporation” means a corporation, whether for profit or not for profit, organized for the purpose of owning, maintaining, and operating an apartment building or apartment buildings or a mobile home park to be occupied by its stockholders or members; and the term “tenant-stockholder or member” means an individual who is entitled, solely by reason of his or her ownership of stock or membership in a cooperative corporation, as evidenced in the official records of the office of the clerk of the circuit court of the county in which the apartment building is located, to occupy for dwelling purposes an apartment in a building owned by such corporation or to occupy for dwelling purposes a mobile home which is on or a part of a cooperative unit. A corporation leasing land for a term of 98 years or more for the purpose of maintaining and operating a cooperative thereon shall be deemed the owner for purposes of this exemption.

(3) The exemption provided in this section does not apply with respect to the assessment roll of a county unless and until the roll of that county has been approved by the executive director pursuant to s. 193.1142.

(4) The exemption provided in this section applies only to those parcels classified and assessed as owner-occupied residential property or only to the portion of property so classified and assessed.

(5) For the purpose of applying the exemptions in this section, the real property includes portions of the real property and contiguous real property assessed solely on the basis of character or use pursuant to s. 193.461 or s. 193.501 or assessed pursuant to s. 193.505.

(6) A person who is receiving or claiming the benefit of an ad valorem tax exemption or a tax credit in another state where permanent residency is required as a basis for the granting of that ad valorem tax exemption or tax credit is not entitled to the homestead exemption provided by this section. This subsection does not apply to a person who has the legal or equitable title to real estate in Florida and maintains thereon the permanent residence of another legally or naturally dependent upon the owner.

(7) When homestead property is damaged or destroyed by misfortune or calamity and the property is uninhabitable on January 1 after the damage or destruction occurs, the homestead exemption may be granted if the property is otherwise qualified and if the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in the property as his or her primary residence after the property is repaired or rebuilt and does not claim a homestead exemption on any other property or otherwise violate this section. Failure by the property owner to commence the repair or rebuilding of the homestead property within 5 years after January 1 following the property’s damage or destruction constitutes abandonment of the property as a homestead. After the 5-year period, the expiration, lapse, nonrenewal, or revocation of a building permit issued to the property owner for such repairs or rebuilding also constitutes abandonment of the property as homestead.

(8) Unless the homestead property is totally exempt from ad valorem taxation, the exemptions provided in paragraphs (1)(a) and (b) shall be applied before other homestead exemptions, which shall then be applied in the order that results in the lowest taxable value.

History.—ss. 1, 2, ch. 17060, 1935; CGL 1936 Supp. 897(2); s. 1, ch. 67-339; ss. 1, 2, ch. 69-55; ss. 1, 3, ch. 71-309; s. 1, ch. 72-372; s. 1, ch. 72-373; s. 9, ch. 74-227; s. 1, ch. 74-264; s. 1, ch. 77-102; s. 3, ch. 79-332; s. 4, ch. 80-261; s. 10, ch. 80-274; s. 3, ch. 81-219; s. 9, ch. 81-308; s. 11, ch. 82-208; ss. 24, 80, ch. 82-226; s. 1, ch. 84-327; s. 1, ch. 85-232; s. 5, ch. 92-32; s. 1, ch. 93-65; s. 10, ch. 93-132; ss. 33, 34, ch. 94-353; s. 1473, ch. 95-147; s. 2, ch. 2001-204; s. 908, ch. 2002-387; s. 2, ch. 2006-311; s. 6, ch. 2007-339; s. 8, ch. 2008-173; s. 1, ch. 2010-176; s. 2, ch. 2012-57; s. 17, ch. 2012-193; s. 8, ch. 2013-72; s. 1, ch. 2017-35; s. 5, ch. 2022-97; s. 10, ch. 2024-158; s. 1, ch. 2024-261.

¹Note.—

A. Section 3, ch. 2024-261, provides:

“(1) The Department of Revenue may, and all conditions are deemed met, to adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, to administer this act.

“(2) Notwithstanding any other provision of law, emergency rules adopted pursuant to this section are effective for 6 months after adoption and may be renewed during the pendency of procedures to adopt permanent rules.”

B. Section 4, ch. 2024-261, provides that “[t]he amendments made by this act to s. 196.031, Florida Statutes, and the creation by this act of s. 218.136, Florida Statutes, first apply to the 2025 tax roll.”

Note.—Former s. 192.12.

Notes of Decisions

Cited in 43 cases (4 in the last 5 years), 1970–2025 · leading case: Osterndorf v. Turner, 426 So. 2d 539 (Fla. 1983).

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Osterndorf v. Turner, 426 So. 2d 539 (Fla. 1983). · cites it 32× “In response, the respondents Turner and the Department of Revenue have advised this Court that they have no objection for this Court to address all of the durational residency requirements found in § 196.031, F.S., in the same manner. Respondents would take the same position on…”

Garcia v. Andonie, 101 So. 3d 339 (Fla. 2012). · cites it 24× “*345 § 196.031(1), Fla. Stat. (2006) (emphasis added).”

Venice L. Endsley v. Broward Cnty., Fin. & Admin. Servs. Dep't, Revenue Collections Div. Lori Parrish, as Broward Cnty. Prop. Appraiser, 189 So. 3d 938 (Fla. 4th DCA 2016). · cites it 15× “In 2001, the Legislature added a new provision to section 196.031, Florida Statutes, which addressed the ability of persons to claim homestead exemptions in multiple states.”

Reinish v. Clark, 765 So. 2d 197 (Fla. 1st DCA 2000). · cites it 5× “[5] "`Permanent resident' means a person who has established a permanent residence as defined in subsection (18).”

Prewitt Mgmt. Corp. v. Nikolits, 795 So. 2d 1001 (Fla. 4th DCA 2001). · cites it 4× “§ 196.031, Fla. Stat. (1997). The legislature also enacted a provision entitled Extent of homestead exemptions which described different scenarios where the exemption would apply to those holding equitable title to homestead property: (1) Vendees in possession of real estate…”

In Re Fodor, 339 B.R. 519 (Bankr. M.D. Fla. 2006). · cites it 4× “Fla. Stat. § 196.031 (1). The language of this statute relies on subjective “good faith” as opposed to the objective ability, via permanent resident status, to maintain a domicile in Florida for purposes of exemption from forced sale.”

Wells v. Haldeos, 48 So. 3d 85 (Fla. 2d DCA 2010). · cites it 4× “The Property Appraiser argues on appeal that this interpretation of the term “family unit” is contrary to the intent of section 196.031(5), Florida Statutes (2009), which provides as follows: A person who is receiving or claiming the benefit of an ad valorem tax exemption or a…”

State, Dept. of Revenue v. Markham, 426 So. 2d 555 (Fla. 4th DCA 1982). · cites it 5× “" Section 196.031(3)(e), Florida Statutes (Supp.”

De La Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010). · cites it 8× “A review of the history of the emphasized phrase reveals that it is a vestige of the past, probably inadvertently carried forward into the modern statutory scheme relating to section 196.031, and thus, legally ineffective.”

Osterndorf v. Turner, 411 So. 2d 330 (Fla. 5th DCA 1982). · cites it 7× “In the instant case, section 196.031(1) grants a ,000 homestead exemption to all permanent residents of this state who own real property and reside thereon.”

Lisboa v. Dade Cnty. Prop. Appraiser, 705 So. 2d 704 (Fla. 3d DCA 1998). · cites it 4× “The exemption privilege itself is set forth in section 196.031(1), Florida Statutes. In pertinent part it reads: Every person who, on January 1, has the legal title or beneficial title in equity to real property in this state and who resides thereon and in good faith makes the…”

In re Mendoza, 597 B.R. 686 (Bankr. S.D. Florida 2019). · cites it 2× “The Third DCA also certified for discretionary review to the Florida Supreme Court the following question: Can an alien residing in the United States pending his application for political asylum, satisfy the residency requirements contained within Article VII, Section 6 of the…”

Show all 43 citing cases →

— 196.031(1) — 15 cases

Garcia v. Andonie, 101 So. 3d 339 (Fla. 2012). “*345 § 196.031(1), Fla. Stat. (2006) (emphasis added).”

Reinish v. Clark, 765 So. 2d 197 (Fla. 1st DCA 2000). “[5] "`Permanent resident' means a person who has established a permanent residence as defined in subsection (18).”

Lisboa v. Dade Cnty. Prop. Appraiser, 705 So. 2d 704 (Fla. 3d DCA 1998). “The exemption privilege itself is set forth in section 196.031(1), Florida Statutes. In pertinent part it reads: Every person who, on January 1, has the legal title or beneficial title in equity to real property in this state and who resides thereon and in good faith makes the…”

In re Mendoza, 597 B.R. 686 (Bankr. S.D. Florida 2019). “The Third DCA also certified for discretionary review to the Florida Supreme Court the following question: Can an alien residing in the United States pending his application for political asylum, satisfy the residency requirements contained within Article VII, Section 6 of the…”

In Re Fodor, 339 B.R. 519 (Bankr. M.D. Fla. 2006). “Fla. Stat. § 196.031 (1). The language of this statute relies on subjective “good faith” as opposed to the objective ability, via permanent resident status, to maintain a domicile in Florida for purposes of exemption from forced sale.”

— 196.031(1)(a) — 4 cases

Bill Furst, etc. v. Rod Rebholz, etc. (Fla. 2023).

Scott P. Russell, Etc. v. James Hassett (Fla. 3d DCA 2023).

Maria Teresa Costantini Gomes v. Victor Maniglia (Fla. 3d DCA 2025).

L. Lowry Baldwin v. Bob Henriquez, as Prop. Appraiser (Fla. 2d DCA 2019).

— 196.031(3) — 1 case

Osterndorf v. Turner, 426 So. 2d 539 (Fla. 1983). “In response, the respondents Turner and the Department of Revenue have advised this Court that they have no objection for this Court to address all of the durational residency requirements found in § 196.031, F.S., in the same manner. Respondents would take the same position on…”

— 196.031(3)(a) — 1 case

— 196.031(3)(d) — 5 cases

Reinish v. Clark, 765 So. 2d 197 (Fla. 1st DCA 2000). “[5] "`Permanent resident' means a person who has established a permanent residence as defined in subsection (18).”

Winicki v. Mallard, 441 So. 2d 693 (Fla. 1st DCA 1983).

Winicki v. Mallard, 615 F. Supp. 1244 (M.D. Fla. 1985).

Winicki v. Mallard, 417 So. 2d 742 (Fla. 1st DCA 1982).

— 196.031(3)(e) — 4 cases

State, Dept. of Revenue v. Markham, 426 So. 2d 555 (Fla. 4th DCA 1982). “" Section 196.031(3)(e), Florida Statutes (Supp.”

Osterndorf v. Turner, 411 So. 2d 330 (Fla. 5th DCA 1982). “In the instant case, section 196.031(1) grants a ,000 homestead exemption to all permanent residents of this state who own real property and reside thereon.”

Winicki v. Mallard, 615 F. Supp. 1244 (M.D. Fla. 1985).

— 196.031(4) — 1 case

Bill Furst, etc. v. Rod Rebholz, etc. (Fla. 2023).

— 196.031(5) — 7 cases

Venice L. Endsley v. Broward Cnty., Fin. & Admin. Servs. Dep't, Revenue Collections Div. Lori Parrish, as Broward Cnty. Prop. Appraiser, 189 So. 3d 938 (Fla. 4th DCA 2016). “In 2001, the Legislature added a new provision to section 196.031, Florida Statutes, which addressed the ability of persons to claim homestead exemptions in multiple states.”

Wells v. Haldeos, 48 So. 3d 85 (Fla. 2d DCA 2010). “The Property Appraiser argues on appeal that this interpretation of the term “family unit” is contrary to the intent of section 196.031(5), Florida Statutes (2009), which provides as follows: A person who is receiving or claiming the benefit of an ad valorem tax exemption or a…”

Karayiannakis v. Nikolits, 23 So. 3d 844 (Fla. 4th DCA 2009).

Venice L. Endsley v. Broward Cnty., Fin. & Admin. Servs. Dep't, Revenue Collections Div. Lori Parrish, as Broward Cnty. Prop. Appraiser (Fla. 4th DCA 2016).

William David Fitts v. Bill Furst, Prop. Appraiser (Fla. 2d DCA 2019).

— 196.031(6) — 3 cases

Garcia v. Andonie, 101 So. 3d 339 (Fla. 2012). “*345 § 196.031(1), Fla. Stat. (2006) (emphasis added).”

Venice L. Endsley v. Broward Cnty., Fin. & Admin. Servs. Dep't, Revenue Collections Div. Lori Parrish, as Broward Cnty. Prop. Appraiser (Fla. 4th DCA 2016).

— 196.031(l)(a) — 2 cases

De La Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010). “A review of the history of the emphasized phrase reveals that it is a vestige of the past, probably inadvertently carried forward into the modern statutory scheme relating to section 196.031, and thus, legally ineffective.”

Karayiannakis v. Nikolits, 23 So. 3d 844 (Fla. 4th DCA 2009).

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