Florida Statute 222.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.01

222.01 Designation of homestead by owner before levy.—

(1) Whenever any natural person residing in this state desires to avail himself or herself of the benefit of the provisions of the constitution and laws exempting property as a homestead from forced sale under any process of law, he or she may make a statement, in writing, containing a description of the real property, mobile home, or modular home claimed to be exempt and declaring that the real property, mobile home, or modular home is the homestead of the party in whose behalf such claim is being made. Such statement shall be signed by the person making it and shall be recorded in the circuit court.

(2) When a certified copy of a judgment has been filed in the public records of a county pursuant to chapter 55, a person who is entitled to the benefit of the provisions of the State Constitution exempting real property as homestead and who has a contract to sell or a commitment from a lender for a mortgage on the homestead may file a notice of homestead in the public records of the county in which the homestead property is located in substantially the following form:

NOTICE OF HOMESTEAD

To: (Name and address of judgment creditor as shown on recorded judgment and name and address of any other person shown in the recorded judgment to receive a copy of the Notice of Homestead.)

You are notified that the undersigned claims as homestead exempt from levy and execution under Section 4, Article X of the State Constitution, the following described property:

(Legal description)

The undersigned certifies, under oath, that he or she has applied for and received the homestead tax exemption as to the above-described property, that is the tax identification parcel number of this property, and that the undersigned has resided on this property continuously and uninterruptedly from (date) to the date of this Notice of Homestead. Further, the undersigned will either convey or mortgage the above-described property pursuant to the following:

(Describe the contract of sale or loan commitment by date, names of parties, date of anticipated closing, and amount. The name, address, and telephone number of the person conducting the anticipated closing must be set forth.)

The undersigned also certifies, under oath, that the judgment lien filed by you on (date) and recorded in Official Records Book , Page , of the Public Records of County, Florida, does not constitute a valid lien on the described property.

YOU ARE FURTHER NOTIFIED, PURSUANT TO SECTION 222.01 ET SEQ., FLORIDA STATUTES, THAT WITHIN 45 DAYS AFTER THE MAILING OF THIS NOTICE YOU MUST FILE AN ACTION IN THE CIRCUIT COURT OF COUNTY, FLORIDA, FOR A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONAL HOMESTEAD STATUS OF THE SUBJECT PROPERTY OR TO FORECLOSE YOUR JUDGMENT LIEN ON THE PROPERTY AND RECORD A LIS PENDENS IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE HOMESTEAD IS LOCATED. YOUR FAILURE TO SO ACT WILL RESULT IN ANY BUYER OR LENDER, OR HIS OR HER SUCCESSORS AND ASSIGNS, UNDER THE ABOVE-DESCRIBED CONTRACT OF SALE OR LOAN COMMITMENT TO TAKE FREE AND CLEAR OF ANY JUDGMENT LIEN YOU MAY HAVE ON THE PROPERTY.

This day of , 2 .

(Signature of Owner)

(Printed Name of Owner)

(Owner’s Address)

Sworn to and subscribed before me by who is personally known to me or produced as identification, this day of , 2 .

Notary Public

(3) The clerk shall mail a copy of the notice of homestead to the judgment lienor, by certified mail, return receipt requested, at the address shown in the most recent recorded judgment or accompanying affidavit, and to any other person designated in the most recent recorded judgment or accompanying affidavit to receive the notice of homestead, and shall certify to such service on the face of such notice and record the notice. Notwithstanding the use of certified mail, return receipt requested, service shall be deemed complete upon mailing.

(4) A lien pursuant to chapter 55 of any lienor upon whom such notice is served, who fails to institute an action for a declaratory judgment to determine the constitutional homestead status of the property described in the notice of homestead or to file an action to foreclose the judgment lien, together with the filing of a lis pendens in the public records of the county in which the homestead is located, within 45 days after service of such notice shall be deemed as not attaching to the property by virtue of its status as homestead property as to the interest of any buyer or lender, or his or her successors or assigns, who takes under the contract of sale or loan commitment described above within 180 days after the filing in the public records of the notice of homestead. This subsection shall not act to prohibit a lien from attaching to the real property described in the notice of homestead at such time as the property loses its homestead status.

(5) As provided in s. 4, Art. X of the State Constitution, this subsection shall not apply to:

(a) Liens and judgments for the payment of taxes and assessments on real property.

(b) Liens and judgments for obligations contracted for the purchase of real property.

(d) Liens and judgments for other obligations contracted for house, field, or other labor performed on real property.

History.—s. 1, ch. 1715, 1869; RS 1998; GS 2520; RGS 3875; CGL 5782; s. 20, ch. 73-334; s. 2, ch. 77-299; s. 1, ch. 83-40; s. 1195, ch. 95-147; s. 25, ch. 2000-258; s. 17, ch. 2005-241.

F.S. 222.01 on Google Scholar

F.S. 222.01 on Casetext

Amendments to 222.01

Arrestable Offenses / Crimes under Fla. Stat. 222.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.01.

Annotations, Discussions, Cases:

Cases Citing Statute 222.01

Total Results: 20

LILIA BELKOVA, Individually, and as successor Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04 v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.

Court: District Court of Appeal of Florida | Date Filed: 2023-08-23

Snippet: taxes and assessments thereon[.]” Indeed, section 222.01, Florida Statutes (2016), which allows an owner

Sepulveda v. Westport Recovery Corp.

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Citation: 145 So. 3d 162, 2014 WL 3291766, 2014 Fla. App. LEXIS 10515

Snippet: Notice of Homestead is filed pursuant to section 222.01 or 222.02. I. Whether the county court’s ruling

USAmeriBank v. Klepal

Court: District Court of Appeal of Florida | Date Filed: 2011-10-12

Citation: 100 So. 3d 56, 2011 WL 4809107, 2011 Fla. App. LEXIS 16156

Snippet: of family,” not the "head of household.” See § 222.1 1(1)(c), (2)(a), (2)(b). . We note that the circuit

Osborne v. Dumoulin

Court: Supreme Court of Florida | Date Filed: 2011-02-03

Citation: 55 So. 3d 577, 36 Fla. L. Weekly Supp. 43, 2011 Fla. LEXIS 291, 2011 WL 320986

Snippet: the constitutional homestead exemption. Sections 222.01 and 222.02 provide a means whereby a person may

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-01-04

Snippet: practice among Florida court clerks. 3 Section 28.222(1), Fla. Stat. 4 Section 28.222(3)(h), Fla. Stat.

Zarba v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-16

Citation: 993 So. 2d 1000, 2007 WL 3400308

Snippet: to comply with the requirements of section 316.222(1), Florida Statutes (2004). Burger, 921 So.2d at

Mathieu v. City of Lauderdale Lakes

Court: District Court of Appeal of Florida | Date Filed: 2007-07-25

Citation: 961 So. 2d 363, 2007 WL 2119203

Snippet: notice of homestead property pursuant to section 222.01, Florida Statutes (1995), and filed his own lawsuit

Westport Recovery Corp. v. Midas

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 954 So. 2d 750, 2007 WL 1263788

Snippet: asserted any claim as to the Gentiles. Section 222.01, Florida Statutes, Designation of Homestead by

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-04-24

Snippet: purposes of protection from a forced sale.2 Section 222.01, Florida Statutes, provides a manner to establish

State v. Burger

Court: District Court of Appeal of Florida | Date Filed: 2006-03-03

Citation: 921 So. 2d 847, 2006 WL 508334

Snippet: Mr. Burger's car for a violation of section 316.222(1), Florida Statutes (2004), which requires "[e]very

State v. Perez-Garcia

Court: District Court of Appeal of Florida | Date Filed: 2005-10-12

Citation: 917 So. 2d 894, 2005 WL 2509896

Snippet: 316.222(1), Fla. Stat. (2003), and because his vehicle literally complied with section 316.222(1), the

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Court: Florida Attorney General Reports | Date Filed: 2005-06-24

Snippet: will be answered together. Pursuant to section 28.222(1), Florida Statutes, the clerk of the circuit court

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-03-29

Snippet: provision of law. Pertinent to your inquiry, section 222.01(1), Florida Statutes, states: "Whenever any natural

Westport Recovery Corp. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 2002-11-13

Citation: 830 So. 2d 226, 2002 Fla. App. LEXIS 16852, 2002 WL 31507261

Snippet: Subsequently Smith availed herself of section 222.01, Florida Statutes (2001) which provides a method

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Court: Florida Attorney General Reports | Date Filed: 2001-01-12

Snippet: Stat. 17 Section 720.311, Fla. Stat. 18 Section 28.222(1), Fla. Stat. 19 And see, Ops. Att'y Gen. Fla. 98-65

Messina v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-03-12

Citation: 728 So. 2d 818, 1999 WL 129457

Snippet: theft had the need arisen." Model Penal Code § 222.1, comment at 104 (1980). Based on the language of

Prieto v. Eastern Nat. Bank

Court: District Court of Appeal of Florida | Date Filed: 1998-11-04

Citation: 719 So. 2d 1264, 1998 WL 774640

Snippet: entitled to injunctive relief because sections 222.01 and 222.02, Florida Statutes (1997)[3], provided

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-10-27

Snippet: books called `Official Records.'" 6 Section 28.222(1), Fla. Stat. 7 See, Ops. Att'y Gen. Fla. 79-70 (1979);

Schaller v. Balk

Court: District Court of Appeal of Florida | Date Filed: 1998-02-25

Citation: 708 So. 2d 299, 1998 Fla. App. LEXIS 1818, 1998 WL 74999

Snippet: Constitutionally Exempt From Forced Sale” pursuant to section 222.01, Florida Statutes (1995).1 *301Schaller then filed

WPC, Inc. v. Hartford Accident & Indemnity Co.

Court: District Court of Appeal of Florida | Date Filed: 1997-09-12

Citation: 698 So. 2d 1324, 1997 Fla. App. LEXIS 10458, 1997 WL 564181

Snippet: series of books called ‘Official Records.’” §§ 28.222(1) and (2), Fla. Stat. (1995). The statutory provision