Q&A of the Day – How Are Florida Homesteads Verified?
Each day I feature a listener question sent by one of these methods.
Email: brianmudd@iheartmedia.com
Social: @brianmuddradio
iHeartRadio: Use the Talkback feature – the microphone button on our station page in the iHeart app.
Today’s entry: Today’s note was submitted via Talkback: Hi, Brian, just a quick question. Any idea why the state doesn't use 8 or 9 months for the homestead exemption? It seems like a big scam. I had so many neighbors that, that aren't here for 6 months. They're just the snowbirds, sometimes come here for 3 or 4, and they're all homesteaded. Why not raise it? Why, and how do we check it? There's no way of proving that they're not here for 6 months or longer. Maybe you can shed some light on that.
Bottom Line: You’ve raised an excellent question that will only become an even greater focal point should Florida pass additional property tax relief or eliminations, as Governor DeSantis is seeking, for homesteaded properties. What you’re asking about involves one of the common points of confusion and misunderstanding under Florida law...what legally entitles one to be eligible for homesteading.
Commonly there is a thought that to be eligible for homesteading, one must live within the state of Florida for a minimum of six months and a day, or more than half of any given year. That’s actually not the case. There are other states which have what is known as a “days” requirement for homestead benefits, or for established residency within the state, however Florida isn’t one of them.
Under Florida law what’s required to homestead a property is this:
- 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
So, a declared permanent residence is the legal standard of homesteading. Naturally you might then ask the question... Ok, so what’s the definition of a legal permanent residence in Florida? The statue states this: Although any one factor is not conclusive of the establishment or nonestablishment of permanent residence, the following are relevant factors that may be considered by the property appraiser in making his or her determination as to the intent of a person claiming a homestead exemption to establish a permanent residence in this state:
- A formal declaration of domicile by the applicant recorded in the public records of the county in which the exemption is being sought.
- Evidence of the location where the applicant’s dependent children are registered for school.
- The place of employment of the applicant.
- The previous permanent residency by the applicant in a state other than Florida or in another country and the date non-Florida residency was terminated.
- Proof of voter registration in this state with the voter information card address of the applicant, or other official correspondence from the supervisor of elections providing proof of voter registration, matching the address of the physical location where the exemption is being sought.
- A valid Florida driver license issued under s. 322.18 or a valid Florida identification card issued under s. 322.051 and evidence of relinquishment of driver licenses from any other states.
- Issuance of a Florida license tag on any motor vehicle owned by the applicant.
- The address as listed on federal income tax returns filed by the applicant.
- The location where the applicant’s bank statements and checking accounts are registered.
- Proof of payment for utilities at the property for which permanent residency is being claimed.
As mentioned, local property appraisers who determine whether those who apply have made a “good faith” application factoring in the cited requirements.
From a point of practicality, the governments ID standard is often the most efficient way to determine whether someone has made a “good faith” effort to establish residency in this state. If, for example, you’re wondering if your neighbors are taking advantage of Florida’s homestead law – you could inquire as to whether they have a state-issued ID. If someone has an ID from another state but with an existing homesteaded property in Florida, that for example, would be a major red flag.
You may disagree with Florida’s current homestead standard, which is laxer than many other states; however, it may well be the case that your part-time neighbors are operating within the law.