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Florida Statute 196.101 - Full Text and Legal Analysis
Florida Statute 196.101 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XIV
TAXATION AND FINANCE
Chapter 196
EXEMPTION
View Entire Chapter
196.101 Exemption for totally and permanently disabled persons.
(1) Any real estate used and owned as a homestead by any quadriplegic is exempt from taxation.
(2) Any real estate used and owned as a homestead by a paraplegic, hemiplegic, or other totally and permanently disabled person, as defined in s. 196.012(11), who must use a wheelchair for mobility or who is legally blind, is exempt from taxation.
(3) The production by any totally and permanently disabled person entitled to the exemption in subsection (1) or subsection (2) of a certificate of such disability from two licensed doctors of this state or from the United States Department of Veterans Affairs or its predecessor to the property appraiser of the county wherein the property lies, is prima facie evidence of the fact that he or she is entitled to such exemption.
(4)(a) A person entitled to the exemption in subsection (2) must be a permanent resident of this state. Submission of an affidavit that the applicant claiming the exemption under subsection (2) is a permanent resident of this state is prima facie proof of such residence. However, the gross income of all persons residing in or upon the homestead for the prior year shall not exceed $14,500. For the purposes of this section, the term “gross income” includes United States Department of Veterans Affairs benefits and any social security benefits paid to the persons.
(b) The maximum income limitations permitted in this subsection shall be adjusted annually on January 1, beginning January 1, 1990, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer price index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor.
(c) The department shall require by rule that the taxpayer annually submit a sworn statement of gross income, pursuant to paragraph (a). The department shall require that the filing of such statement be accompanied by copies of federal income tax returns for the prior year, wage and earnings statements (W-2 forms), and other documents it deems necessary, for each member of the household. The taxpayer’s statement shall attest to the accuracy of such copies. The department shall prescribe and furnish a form to be used for this purpose which form shall include spaces for a separate listing of United States Department of Veterans Affairs benefits and social security benefits. All records produced by the taxpayer under this paragraph are confidential in the hands of the property appraiser, the department, the tax collector, the Auditor General, and the Office of Program Policy Analysis and Government Accountability and shall not be divulged to any person, firm, or corporation except upon court order or order of an administrative body having quasi-judicial powers in ad valorem tax matters, and such records are exempt from the provisions of s. 119.07(1).
(5) The physician’s certification shall read as follows:

PHYSICIAN’S CERTIFICATION OF
TOTAL AND PERMANENT DISABILITY

I,   (name of physician)  , a physician licensed pursuant to chapter 458 or chapter 459, Florida Statutes, hereby certify Mr.   Mrs.   Miss   Ms.    (name of totally and permanently disabled person)  , social security number  , is totally and permanently disabled as of January 1,   (year)  , due to the following mental or physical condition(s):

  Quadriplegia

  Paraplegia

  Hemiplegia

  Other total and permanent disability requiring use of a wheelchair for mobility

  Legal Blindness

It is my professional belief that the above-named condition(s) render Mr.   Mrs.   Miss   Ms.    (name of totally and permanently disabled person)   totally and permanently disabled, and that the foregoing statements are true, correct, and complete to the best of my knowledge and professional belief.

Signature  

Address (print)  

Date  

Florida Board of Medicine or Osteopathic Medicine license number  

Issued on  

NOTICE TO TAXPAYER: Each Florida resident applying for a total and permanent disability exemption must present to the county property appraiser, on or before March 1 of each year, a copy of this form or a letter from the United States Department of Veterans Affairs or its predecessor. Each form is to be completed by a licensed Florida physician.

NOTICE TO TAXPAYER AND PHYSICIAN: Section 196.131(2), Florida Statutes, provides that any person who shall knowingly and willfully give false information for the purpose of claiming homestead exemption shall be guilty of a misdemeanor of the first degree, punishable by a term of imprisonment not exceeding 1 year or a fine not exceeding $5,000, or both.

(6) An optometrist licensed under chapter 463 may certify a person to be totally and permanently disabled as a result of legal blindness alone by issuing a certification in accordance with subsection (7). Certification of total and permanent disability due to legal blindness by a physician and an optometrist licensed in this state may be deemed to meet the requirements of subsection (3).
(7) The optometrist’s certification shall read as follows:

OPTOMETRIST’S CERTIFICATION OF
TOTAL AND PERMANENT DISABILITY

I,   (name of optometrist)  , an optometrist licensed pursuant to chapter 463, Florida Statutes, hereby certify that Mr.   Mrs.   Miss   Ms.    (name of totally and permanently disabled person)  , social security number  , is totally and permanently disabled as of January 1,   (year)  , due to legal blindness.

It is my professional belief that the above-named condition renders Mr.   Mrs.   Miss   Ms.    (name of totally and permanently disabled person)   totally and permanently disabled and that the foregoing statements are true, correct, and complete to the best of my knowledge and professional belief.

Signature  

Address (print)  

Date  

Florida Board of Optometry license number  

Issued on  

NOTICE TO TAXPAYER: Each Florida resident applying for a total and permanent disability exemption must present to the county property appraiser, on or before March 1 of each year, a copy of this form or a letter from the United States Department of Veterans Affairs or its predecessor. Each form is to be completed by a licensed Florida optometrist.

NOTICE TO TAXPAYER AND OPTOMETRIST: Section 196.131(2), Florida Statutes, provides that any person who knowingly and willfully gives false information for the purpose of claiming homestead exemption commits a misdemeanor of the first degree, punishable by a term of imprisonment not exceeding 1 year or a fine not exceeding $5,000, or both.

(8) An applicant for the exemption under this section may apply for the exemption before receiving the necessary documentation from the United States Department of Veterans Affairs or its predecessor. Upon receipt of the documentation, the exemption shall be granted as of the date of the original application, and the excess taxes paid shall be refunded. Any refund of excess taxes paid shall be limited to those paid during the 4-year period of limitation set forth in s. 197.182(1)(e).
History.s. 1, ch. 59-134; ss. 1, 2, ch. 69-55; s. 17, ch. 76-234; s. 49, ch. 77-104; s. 2, ch. 77-447; ss. 7, 10, ch. 81-219; s. 4, ch. 84-371; s. 26, ch. 85-80; s. 11, ch. 86-177; s. 24, ch. 88-119; s. 4, ch. 89-328; s. 1, ch. 90-299; s. 41, ch. 90-360; s. 2, ch. 92-167; s. 63, ch. 93-268; s. 6, ch. 94-314; s. 36, ch. 94-353; s. 1475, ch. 95-147; s. 55, ch. 96-406; s. 50, ch. 2001-266; s. 1, ch. 2007-121; s. 22, ch. 2012-193; s. 14, ch. 2024-2.
Note.Former s. 192.113.

F.S. 196.101 on Google Scholar

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Amendments to 196.101


Annotations, Discussions, Cases:

Cases Citing Statute 196.101

Total Results: 4  |  Sort by: Relevance  |  Newest First

Copy

Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

QUESTION: Can a person who has diabetes be given a disability exemption? SUMMARY: The homestead property of a diabetic may be granted ad valorem tax exemption only if the diabetic is a quadriplegic within the meaning of s. 196.101 , F.S., and the property of a diabetic up to the value of five hundred dollars may be granted a tax exemption only if the diabetic is certified to be totally and permanently disabled by the Florida Department of Health and Rehabilitative Services, two licensed physicians of the state, or the Veterans' Administration....
...(2) The production by any quadriplegic of a certificate of such disability from two licensed doctors of this state to the tax assessor of the county wherein the property lies, shall be prima facie evidence of the fact that he is entitled to such exemption. (Section 196.101 , F.S.) Property to the value of five hundred dollars of every widow, blind person, or totally and permanently disabled person who is a bona fide resident of this state shall be exempt from taxation....
...196.202 , supra, must be certified by the Department of Health and Rehabilitative Services, two licensed physicians of the state, or the Veterans' Administration as "totally and permanently disabled." Cf., AGO 073-36. Although the certificate of disability for quadriplegics referred to in s. 196.101 (2), supra, would be sufficient proof upon which the tax assessor could allow the exemption, it does not mean that the tax assessor could not deny such exemption if upon his investigation facts were disclosed which showed absence of the requisite disability....
...Rule 12B-1.201(6)(B), Florida Administrative Code. A quadriplegic is defined as a person who has lost, or is paralyzed in, all four limbs. Dorland's Illustrated Medical Dictionary (24th Edition 1965). However, there are constitutional questions regarding the grant by the legislature in s. 196.101 , supra, of total exemption to homestead property of a quadriplegic in the face of the ten thousand dollar maximum homestead exemption provision in Art....
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Ago (Fla. Att'y Gen. 1974).

Published | Florida Attorney General Reports

transportation, shall be exempt from taxation. Section 196.101(1), F.S., provides: Any real estate used and
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Crain v. Putnam, 687 So. 2d 1325 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 289, 1997 WL 30809

...Vivian Crain suffered extensive brain damage as a result of an illness in 1992, and after being hospitalized for a short time, was placed in a nursing home where she remained until her death in 1995. In 1994 her son, the appellant, applied for a total exemption from taxation on the property pursuant to section 196.101, Florida Statutes (1993) entitled “Exemption for totally and permanently disabled persons,” which provides, among other things: (1) Any real estate used and owned as a homestead by any quadriplegic is exempt from taxation....
...Crain did not reside on the property, which precipitated this declaratory action. The trial court agreed with the property appraiser, and Mrs. Crain’s son, who succeeded to her interests, has appealed. The issue is whether the property was being “used” within the meaning of section *1326 196.101(1) or (2)....
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Culbreath v. Bystrom, 541 So. 2d 797 (Fla. Dist. Ct. App. 1989).

Published | District Court of Appeal of Florida | 1989 Fla. App. LEXIS 2200

PER CURIAM. Affirmed. § 196.101(2), Fla.Stat....

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