Current through Reg. 50, No. 187; September 24, 2024
(1) No residential unit shall be entitled to
more than one homestead tax exemption.
(2) No family unit shall be entitled to more
than one homestead tax exemption.
(3) No individual shall be entitled to more
than one homestead tax exemption.
(4)
(a)
This paragraph shall apply where property is held by the entireties or jointly
with a right of survivorship.
1. Provided no
other co-owner resides on the property, a resident co-owner of such an estate,
if otherwise qualified, may receive the entire exemption.
2. Where another co-owner resides on the
property, in the same residential unit, the resident co-owners of such an
estate, if otherwise qualified, must share the exemption in proportion to their
ownership interests.
(b)
Where property is held jointly as a tenancy in common, and each co-owner makes
their residence in a separate family unit and residential unit on such
property, each resident co-owner of such an estate, if otherwise qualified, may
receive the exemption in the amount of the assessed value of his or her
interest, up to $25, 000. No tenant in common shall receive the homestead tax
exemption in excess of the assessed valuation of the proportionate interest of
the person claiming the exemption.
(5) Property held jointly will support
multiple claims for homestead tax exemption; however, only one exemption will
be allowed each residential unit and no family unit will be entitled to more
than one exemption.
(6)
(a) Where a parcel of real property, upon
which is located a residential unit held by "A" and "B" jointly as tenants in
common or joint tenants without a right of survivorship, and "A" makes his
permanent home upon the said property, but "B" resides and makes his permanent
home elsewhere, "A" may not claim as exempt more than his interest in the
property up to a total of $25, 000 of assessed valuation on which he is
residing and making the same his permanent home. The remainder of the interest
of "A" and the interest of "B" would be taxed, without exemption, because "B"
is not residing on the property or making the same his permanent
residence.
(b) If that same parcel
were held by "A" and "B" as joint tenants with a right of survivorship or
tenants by the entirety under the circumstances described above, "A" would be
eligible for the entire $25, 000 exemption.
(7) In the situation where two or more joint
owners occupy the same residential unit, a single homestead tax exemption shall
be apportioned among the owners as their respective interests may
appear.
Rulemaking Authority
195.027(1),
213.06(1) FS.
Law Implemented 196.001,
196.031,
196.041
FS.
New 10-12-76, Formerly 12D-7.12, Amended 12-27-94,
12-25-96.
