Hello and thank you for your question.
As you know, the Florida homestead exemption is more than a tax
savings provision. It also protects homestead property against
attachment by creditors. The protection is set forth in the Florida
Constitution, Article X
Section 4(a):
"Homestead; exemptions.--
(a) There shall be exempt from forced sale under process of any
court, and no judgment, decree or execution shall be a lien thereon,
except for the payment of taxes and assessments thereon, obligations
contracted for the purchase, improvement or repair thereof, or
obligations contracted for house, field or other labor performed on
the realty, the following property owned by a natural person:
(1) a homestead, if located outside a municipality, to the extent of
one hundred sixty acres of contiguous land and improvements thereon,
which shall not be reduced without the owner's consent by reason of
subsequent inclusion in a municipality; or if located within a
municipality, to the extent of one-half acre of contiguous land, upon
which the exemption shall be limited to the residence of the owner or
the owner's family;
(2) personal property to the value of one thousand dollars.
http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes
So in answer to your question, there isn't really a "who" that
provides the protection, it's the Constitution itself. If somebody
sues you and gets a judgment against you, they simply cannot take your
homestead property away from you. This is how O J Simpson, for
example, can own an expensive home in Florida despite a huge unpaid
civil judgment against him.
To make sure that your Florida property is homestead, you should make
the same homestead filing with the County Clerk that gives you the tax
exemption.
You'll want to check the website of your home county for the exact
procedure. For example:
http://www.lakecopropappr.com/homestead_exemption_filing.asp
http://pao.co.pinellas.fl.us/announce_tpp.html
Search terms used:
florida statutes constitution
florida homestead clerk file
Thanks again for letting us help. I hope you find the above clear and useful.
Sincerely,
Google Answers Researcher
Richard-ga |
Request for Answer Clarification by
dragon2650-ga
on
15 Mar 2005 15:22 PST
OK Thanks! Based on your answer, how do I make that "filing" ? I was
wondering if there was a company or service that does it as I am not
able to...Also, is there a form to use?
Thanks
|
Clarification of Answer by
richard-ga
on
15 Mar 2005 17:12 PST
If you'll tell me the Florida county you reside in, I may be able to
find the form.... If so you'll just fill it out and mail it to the
County Clerk; no service company needed
-R
|
Request for Answer Clarification by
dragon2650-ga
on
15 Mar 2005 19:54 PST
Miami-Dade County, but I will be moving to Broward County soon...
|
Clarification of Answer by
richard-ga
on
16 Mar 2005 05:10 PST
You can apply for your homestead exemption in Broward online at the
website of the Broward County Property Appraiser
http://www.bcpa.net/
https://www.bcpasecure.net/homestead/index.cfm
It's a straightforward process, once you have your deed.
-R
|
Request for Answer Clarification by
dragon2650-ga
on
31 May 2005 07:22 PDT
I am already signed up for the homestead tax exemption. What I was
looking for is someone to file the asset protection homestead
exemption. I found out that property is not automatically protected,
but I did find a company that takes care of this other "homestead
exemption". They are Florida Homestead Services and can be found at
http://www.floridahomesteadservices.com
Thanks alot for the info and help!
|
Clarification of Answer by
richard-ga
on
31 May 2005 10:22 PDT
Do me a favor and call one of the numbers listed below.
Tell them you're filing (or you've already filed) for the homestead
exemption at the Broward website,
http://www.bcpa.net/
https://www.bcpasecure.net/homestead/index.cfm
and ask them if you need to do something more to get the creditor
protection via a commercial service like
http://www.floridahomesteadservices.com
I still say no second step is needed.
-R
------------------------------------------------
Main Office
Broward County Property Appraiser's Office
Broward County Governmental Center
115 South Andrews Avenue, Room 111-F
Fort Lauderdale, Florida 33301
954-357-6830
Individuals with hearing disabilities may contact
our office through the Florida Relay Service:
1-800-955-8771 (TDD)
North Broward Branch Office
North Regional Courthouse, Room 156
1600 West Hillsboro Boulevard
Deerfield Beach, Florida 33442
954-831-1270
West Broward Branch Office
West Regional Courthouse, Room 120
100 North Pine Island Road
(NE corner of Broward Blvd. & Pine Island Road)
Plantation, Florida 33324
954-831-2363
South Broward Branch Office
South Regional Courthouse, Room 110
3550 Hollywood Boulevard
Hollywood, Florida 33021
954-831-0470
Southwest Broward Branch Office
10211 Taft Street, Building #1
(West of Palm Avenue)
Pembroke Pines, Florida 33026
954-437-2670
Homebound Program
For the Homebound who cannot leave their home and need to file for
Homestead Exemption, please call:
954-357-6899 or 954-357-6897
All Offices Are Open Weekdays
8:30 a.m. to 5:00 p.m.
Closed Saturdays, Sundays and Holidays
|
Request for Answer Clarification by
dragon2650-ga
on
31 May 2005 21:29 PDT
THEN WHY IS THERE ANOTHER SEPERATE LAW REGARDING HOMESTEAD PROPERTY
AND ASSET PROTECTION OF THE HOME?
|
Clarification of Answer by
richard-ga
on
01 Jun 2005 03:00 PDT
There's a separate law because the homestead exemption is good for
both a tax break and creditor protection.
Did you make the call?
|
Request for Answer Clarification by
dragon2650-ga
on
01 Jun 2005 06:53 PDT
Yes, I called and they didn't know the answer and told me that they
don't give legal advice. I also called Tallahassee and my questions to
the State of Florida Department of Revenue regarding 'HOMESTEAD
EXEMPTION' were:
Question 1: ?By claiming ?homestead property tax exemption? through
the local county property appraiser?s office, how does that declare
and legally protect my real property as a true, legal homestead and
from creditors??
Answer: ?The property tax exemption is in regards to, and applies only
to and for, the real estate property tax bill and is a combined notice
of ad valorem taxes and non-ad valorem tax assessments.?
Question 2: ?Does this 'tax exemption' or 'tax break' protect my real
property and my equity, against creditors, liens, judgments and
foreclosure as a valid or claimed homestead, or does it just qualify a
homeowner to receive a property ?tax break?? Please have your office
clarify my question; does any Florida county property appraiser?s
homestead tax exemption form, specifically and clearly declare and
record my real property as a qualified and claimed homestead property,
or is its only purpose for the homestead tax exemption assessment
portion of ad valorem property taxes??
Answer: ?When you receive a ?homestead tax exemption? from your county
property appraiser?s office, its ONLY purpose is to save you money on
the first twenty-five thousand dollars of your real estate ad valorem
property taxes, and to cap the assessed property value to no more than
a 3% increase per year under the Save Our homes Act. The tax exemption
does not automatically declare your property as a homestead nor does
it give creditor protection.?
|
Clarification of Answer by
richard-ga
on
01 Jun 2005 13:21 PDT
I've looked further to make absolutely sure that what I've been
telling you all along is correct - - that besides making the filing in
Broward as set out on its website there's nothing more you need to do
(besides living in your home) for the creditor protection that the
Florida Constitution allows.
My conclusion still is: Send that commercial website your money if
you must for peace of mind, but you really don't need to!
"(a) There shall be exempt from forced sale under process of any
court, and no judgment, decree or execution shall be a lien thereon,
except for the payment of taxes and assessments thereon, obligations
contracted for the purchase, improvement or repair thereof, or
obligations contracted for house, field or other labor performed on
the realty, the following property owned by a natural person:
(1) a homestead, if located outside a municipality, to the extent of
one hundred sixty acres of contiguous land and improvements thereon,
which shall not be reduced without the owner's consent by reason of
subsequent inclusion in a municipality; or if located within a
municipality, to the extent of one-half acre of contiguous land, upon
which the exemption shall be limited to the residence of the owner or
the owner's family"
Florida Constitution, Ariticle X, Section 4
http://www.flsenate.gov/Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes#A10S04
"In Florida, our home is truly our castle, a castle that is
impenetrable by creditors. The Florida Constitution exempts homestead
property from levy and execution by judgment creditors. Florida courts
have liberally expanded definitions of homestead property which
includes more than just a single family house. Condominiums,
manufactured homes, and mobile homes are also afforded homestead
protection. The Constitution defines homestead as one?s principal
place of residence up to one-half acre within a municipality and up to
160 contiguous acres in any county in Florida. To qualify for
homestead protection, a debtor must be a Florida resident and the
homestead property must be his primary place of residence. Property
purchased as a future residence is unprotected until the property is
occupied as a principal residence. A second home or investment
property cannot be considered a Florida homestead. Properties titled
in the name of irrevocable trusts, corporations, or partnerships will
not qualify.
What makes Florida?s homestead protection such a powerful asset
protection tool is its unlimited monetary protection. A Florida
resident can invest millions of dollars in large estate homes and
farms and protect the full value of these luxury residences under the
protection of Florida?s homestead provisions. Under a Florida Supreme
Court ruling, a person can transfer unprotected, non-exempt assets to
his homestead at any time by either buying a new home or reducing the
principal balance of an existing mortgage and protect this money under
the homestead umbrella, even if the asset transfer was clearly
designed to hide money from creditor claims.
Homestead is not protected against tax liens, mortgages, homeowner
association assessments, or from mechanics liens associated with labor
or materials to repair or improve the homestead property. Also, the
law concerning asset protection benefits of homestead should not be
confused with the homestated tax exemption."
http://www.alperlaw.com/constitutional_protection.html
"Florida?s homestead exemption is not simply based upon statutory
law?its roots are in Article X of the State?s constitution. In
particular, Florida?s constitution exempts from sale or process any
judgment, decree, or execution from being a lien upon a homestead
except for those relating to the payment of taxes; obligations
contracted for in the purchase, improvement, or repair of the
homestead; or obligations relating to labor performed thereon. "
http://www.hodgsonruss.com/article_326.html
|
Request for Answer Clarification by
dragon2650-ga
on
01 Jun 2005 16:42 PDT
Thank you. I questioned in my mind why this law (below) is on the
books seperate from the tax exemption law...This law contends that I
have to make a seperate claim...
The 2004 Florida Statutes
Title XV
HOMESTEAD AND EXEMPTIONS Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
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.
I also found an opinion from the Florida Attorney general which
clarifies my original question. (Edited)
Number: AGO 2005-17
Date: March 29, 2005
Subject: Official records, recording documents
The Honorable David R. Ellspermann
Clerk of the Circuit Court
Marion County
Post Office Box 1030
Ocala, Florida 34478-1030
RE: CLERK OF COURTS?OFFICIAL RECORDS?HOMESTEAD DECLARATIONS?authority
of clerk of courts to record declarations of homestead and head of
household affidavits. ss. 28.222 and 222.01, F.S.
Dear Mr. Ellspermann:
You ask substantially the following question:
Does a "Designation of Homestead" or "Head of Family Affidavit"
created by an individual and offered for recording in the Official
Records comply with the statutory requirements for recording under
Florida law?
You have provided copies of a "Designation of Homestead" and a "Head
of Family Affidavit" that was presented to your office for recording,
but refused due to their not being in compliance with Florida
Statutes. The individual has complained to this office regarding your
failure to record the documents he has offered. You have asked this
office to determine whether the documents provided meet the statutory
requirements for recording...
While section 222.01, Florida Statutes, does not prescribe a form to
be used when making a declaration of homestead, it does set forth the
necessary elements constituting a declaration of homestead. To the
extent the document presented by an individual for recording
constitutes a "Declaration of Homestead" contemplated by section
222.01(1), Florida Statues, the clerk of court is required by law to
record such document. However, the clerk's acceptance and recording of
the document does not ensure the legal effect of such document.
Rather, the clerk is merely performing his or her ministerial duty.
Sincerely,
Charlie Crist
Attorney General
Thank you very much Richard-GA for the replies, time, research and all
of the hard work! You have really helped me make the decisions I need
to in regards to moving to Florida. Thanks again!
|
Clarification of Answer by
richard-ga
on
01 Jun 2005 19:11 PDT
Thank you for the kind words, and thank you for using Google Answers.
Richard-ga
|
