Florida Administrative Code
12 - DEPARTMENT OF REVENUE
12D - Property Tax Oversight Program
Chapter 12D-7 - EXEMPTIONS
Section 12D-7.003 - Exemption of Property of Widows, Widowers, Blind Persons, and Persons Totally and Permanently Disabled; Disabled Ex-Service Members, Spouses
Universal Citation: FL Admin Code R 12D-7.003
Current through Reg. 50, No. 187; September 24, 2024
(1) For the purposes of the exemption provided in Section 196.202, F.S.:
(a) The provisions of this rule shall apply
to widows and widowers. The terms "widow" and "widower" shall not apply to:
1. A divorced woman or man;
2. A widow or widower who remarries;
or
3. A widow or widower who
remarries and is subsequently divorced.
(b) The term "widow" shall apply to a woman,
and the term "widower" shall apply to a man, whose subsequent remarriage is
terminated by annulment.
(c) Blind
persons means those persons who are currently certified by the Division of
Blind Services of the Department of Education or the Federal Social Security
Administration or United States Department of Veterans Affairs to be blind. As
used herein "blind person" shall mean an individual having central vision
acuity 20/200 or less in the better eye with correcting glasses or a
disqualifying field defect in which the peripheral field has contracted to such
an extent that the widest diameter or visual field subtends an angular distance
no greater than twenty degrees.
(d)
The exemptions provided under Section
196.202, F.S., are cumulative.
An individual who properly qualifies under more than one classification will be
granted more than one $5, 000 exemption. However, the cumulative exemption
under Section 196.202, F.S., may not exceed
$15, 000 for an individual.
(e)
Where both husband and wife otherwise qualify for the exemption, each would,
under Section 196.202, F.S., be entitled to an
exemption of $5, 000 applicable against the value of property owned by them as
an estate by the entirety.
(2)
(a) The
$5, 000 exemption granted by Section
196.24, F.S., to disabled
ex-service members, as defined in Section
196.012, F.S., who were
discharged under honorable conditions, is considered to be the same
constitutional disability exemption provided for by Section
196.202, F.S. The unremarried
surviving spouse of such a disabled ex-service member is allowed the
exemption.
(b) The exemptions under
Sections 196.202 and
196.24, F.S., are cumulative;
however, the aggregate exemption may not exceed $15, 000 for an individual.
When the surviving spouse is also eligible to claim the $5, 000 disabled
ex-service member disability exemption under Section
196.24, F.S., the cumulative
exemption may not exceed $20, 000 for an individual.
(3) The exemptions granted by Sections 196.202 and 196.24, F.S., apply to any property owned by a bona fide resident of this state.
Rulemaking Authority 195.027(1) FS. Law Implemented 196.202, 196.24 FS.
New 10-12-76, Formerly 12D-7.03, Amended 11-21-91, 12-31-98, 12-30-02, 1-1-04, 1-16-06, 10-2-07, 9-17-18, 1-1-23.
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