Florida Statute 196.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 196
EXEMPTION

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F.S. 196.161

196.161 Homestead exemptions; lien imposed on property of person claiming exemption although not a permanent resident.—

(1)(a) When the estate of any person is being probated or administered in another state under an allegation that such person was a resident of that state and the estate of such person contains real property situate in this state upon which homestead exemption has been allowed pursuant to s. 196.031 for any year or years within 10 years immediately prior to the death of the deceased, then within 3 years after the death of such person the property appraiser of the county where the real property is located shall, upon knowledge of such fact, record a notice of tax lien against the property among the public records of that county, and the property shall be subject to the payment of all taxes exempt thereunder, a penalty of 50 percent of the unpaid taxes for each year, plus 15 percent interest per year, unless the circuit court having jurisdiction over the ancillary administration in this state determines that the decedent was a permanent resident of this state during the year or years an exemption was allowed, whereupon the lien shall not be filed or, if filed, shall be canceled of record by the property appraiser of the county where the real estate is located.

¹(b)1. In addition, upon determination by the property appraiser that for any year or years within the prior 10 years a person who was not entitled to a homestead exemption was granted a homestead exemption from ad valorem taxes, it shall be the duty of the property appraiser making such determination to serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and such property shall be identified in the notice of tax lien. The property appraiser must include with such notice served upon the owner information explaining why the owner is not entitled to the homestead exemption; for which years unpaid taxes, penalties, and interest are due; and how unpaid taxes, penalties, and interest have been calculated. Such property which is situated in this state shall be subject to the taxes exempted thereby, plus a penalty of 50 percent of the unpaid taxes for each year and 15 percent interest per annum. Before any such lien may be filed, the owner so notified must be given 30 days to pay the taxes, penalties, and interest.

2. If a homestead exemption is improperly granted as a result of a clerical mistake or an omission by the property appraiser, the person improperly receiving the exemption shall not be assessed penalty and interest. Before any such lien may be filed, the owner so notified must be given 30 days to pay the taxes, penalties, and interest. Back taxes shall apply only as follows:

a. If the person who received the homestead exemption as a result of a clerical mistake or omission voluntarily discloses to the property appraiser that he or she was not entitled to the homestead exemption before the property appraiser notifies the owner of the mistake or omission, no back taxes shall be due.

b. If the person who received the homestead exemption as a result of a clerical mistake or omission does not voluntarily disclose to the property appraiser that he or she was not entitled to the homestead exemption before the property appraiser notifies the owner of the mistake or omission, back taxes shall be due for any year or years that the owner was not entitled to the limitation within the 5 years before the property appraiser notified the owner of the mistake or omission.

c. The property appraiser shall serve upon an owner that owes back taxes under sub-subparagraph b. a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and such property must be identified in the notice of tax lien. The property appraiser must include with such notice information explaining why the owner is not entitled to the limitation, the years for which unpaid taxes are due, and the manner in which unpaid taxes have been calculated.

(2) The collection of the taxes provided in this section shall be in the same manner as existing ad valorem taxes, and the above procedure of recapturing such taxes shall be supplemental to any existing provision under the laws of this state.

(3) The lien herein provided shall not attach to the property until the notice of tax lien is filed among the public records of the county where the property is located. Prior to the filing of such notice of lien, any purchaser for value of the subject property shall take free and clear of such lien. Such lien when filed shall attach to any property which is identified in the notice of lien and is owned by the person who illegally or improperly received the homestead exemption. Should such person no longer own property in the county, but own property in some other county or counties in the state, it shall be the duty of the property appraiser to record a notice of tax lien in such other county or counties, identifying the property owned by such person in such county or counties, and it shall become a lien against such property in such county or counties.

History.—ss. 1, 2, 3, 4, ch. 67-134; ss. 1, 2, ch. 69-55; s. 20, ch. 69-216; s. 1, ch. 74-155; s. 1, ch. 77-102; s. 12, ch. 81-219; s. 51, ch. 82-226; s. 10, ch. 86-300; s. 4, ch. 90-343; s. 40, ch. 94-353; s. 1, ch. 95-359; s. 10, ch. 2002-18; s. 12, ch. 2024-158.

¹Note.—Section 17, ch. 2024-158, provides that “[t]he amendments made by this act to ss. 193.155, 193.703, 196.011, 196.031, 196.075, and 196.161, Florida Statutes, first apply beginning with the 2025 property tax roll.”

Note.—Former s. 192.215.

F.S. 196.161 on Google Scholar

F.S. 196.161 on Casetext

Amendments to 196.161

Arrestable Offenses / Crimes under Fla. Stat. 196.161

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 196.161.

Annotations, Discussions, Cases:

Cases Citing Statute 196.161

Total Results: 7

SCOTT P. RUSSELL, etc. v. JAMES HASSETT

Court: Fla. Dist. Ct. App. | Date Filed: 2023-06-28T00:00:00-07:00

Snippet: the Property Appraiser construed section 196.161(1)(b) to require the automatic revocation of the…subsequent to 2007. This construction of section 196.161(1)(b) resulted in a tax lien not only for tax year…including 2016. Therefore, pursuant to Section 196.161(1)(b), Florida Statutes you are hereby notified…apply for homestead exemptions, while section 196.161 provides for imposition of liens when revocation…for tax years 2008 through 2015. Section 196.161(1)(b) provides statutory authorization for the

Bill Furst, etc. v. Rod Rebholz, etc.

Court: Fla. | Date Filed: 2023-04-06T00:53:00-07:00

Snippet: preceding ten years, plus a penalty and interest. §§ 196.161(1)(b), 193.155(10), Fla. Stat., (2014).3 In Rebholz…exemption or Save Our Homes benefit, sections 196.161(1)(b) and 193.155(10) show that mistaken classifications

WILLIAM DAVID FITTS v. BILL FURST, PROPERTY APPRAISER

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-13T00:53:00-07:00

Snippet: interest. § 196.161(1)(a)-(b). The Fittses argue on appeal that both the title to section 196.161 and the…extent that the title of section 196.161 and the language of section 196.161(1)(a) can reasonably be read … a tax lien on their home pursuant to section 196.161(1)(b), Florida Statutes (2016), and revoked their…#39;s interpretation and application of section 196.161(1)(b). For the reasons expressed herein, we conclude…, penalties, and interest pursuant to section 196.161(1)(b) despite the Fittses being permanent residents

GERALD J. BRIELMAIER v. BILL FURST, PROPERTY APPRAISER

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-13T00:53:00-07:00

Snippet: recorded a tax lien on his home pursuant to section 196.161(1)(b), Florida Statutes (2016), and revoked his…#39;s interpretation and application of section 196.161(1)(b), we affirm for the reasons set forth in

Miami-Dade County v. Lansdowne Mortgage, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-18T00:00:00-07:00

Citation: 235 So. 3d 960

Snippet: because there is a more specific statute, section 196.161, Florida Statutes (2015), which addresses the priority…improper grant of homestead tax exemptions. See § 196.161(3), Fla. Stat. (2015) (stating that before the …free and clear of such lien.”). However, section 196.161(3) does not expressly or impliedly affect the priority…lien in this case should be governed by section 196.161(3) instead of section 197.122(1). Accordingly,

Genesis Ministries, Inc. v. Gregory S. Brown, as Property etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-15T00:00:00-08:00

Citation: 186 So. 3d 1074, 2016 WL 606685

Snippet: Except for homestead exemptions controlled by s. 196.161,- the property appraiser making such determination

Mitchell v. Higgs

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-13T00:00:00-07:00

Citation: 61 So. 3d 1152, 2011 Fla. App. LEXIS 5197

Snippet: filed against him by the appraiser under section 196.161, Florida Statutes (2006), for the unpaid property…address “[Mitchell’s] claim that sections 196.011, 196.161, and 193.155 are unconstitutional,” though Mitchell…subject of an express legislative enactment, section 196.161, and that provision is not subject to the “change… in judgment” rule. Were it otherwise, section 196.161 could never be given effect for any prior year,…at 1137. For the same reasons, we find section 196.161 constitutional and enforceable as applied in this