(1)(a) 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, except for assessments for special benefits, up to the assessed valuation of $25,000 on the residence and contiguous real property, as defined in s. 6, Art. VII of the State Constitution. Such title may be held by the entireties, jointly, or in common with others, and the exemption may be apportioned among such of the owners as reside thereon, as their respective interests appear. If only one of the owners of an estate held by the entireties or held jointly with the right of survivorship resides on the property, that owner is allowed an exemption of up to the assessed valuation of $25,000 on the residence and contiguous real property. However, an exemption of more than $25,000 is not allowed to any one person or on any one dwelling house, except that an exemption up to the assessed valuation of $25,000 may be allowed on each apartment or mobile home occupied by a tenant-stockholder or member of a cooperative corporation and on each condominium parcel occupied by its owner. Except for owners of an estate held by the entireties or held jointly with the right of survivorship, the amount of the exemption may not exceed the proportionate assessed valuation of all owners who reside on the property. Before such exemption may be granted, the deed or instrument shall be recorded in the official records of the county in which the property is located. The property appraiser may request the applicant to provide additional ownership documents to establish title.
(b) Every person who qualifies to receive the exemption provided in paragraph (a) is entitled to an additional exemption of up to $25,000 on the assessed valuation greater than $50,000 for all levies other than school district levies.
(2) As used in subsection (1), the term “cooperative corporation” means a corporation, whether for profit or not for profit, organized for the purpose of owning, maintaining, and operating an apartment building or apartment buildings or a mobile home park to be occupied by its stockholders or members; and the term “tenant-stockholder or member” means an individual who is entitled, solely by reason of his or her ownership of stock or membership in a cooperative corporation, as evidenced in the official records of the office of the clerk of the circuit court of the county in which the apartment building is located, to occupy for dwelling purposes an apartment in a building owned by such corporation or to occupy for dwelling purposes a mobile home which is on or a part of a cooperative unit. A corporation leasing land for a term of 98 years or more for the purpose of maintaining and operating a cooperative thereon shall be deemed the owner for purposes of this exemption.
(3) The exemption provided in this section does not apply with respect to the assessment roll of a county unless and until the roll of that county has been approved by the executive director pursuant to s. 193.1142.
(4) The exemption provided in this section applies only to those parcels classified and assessed as owner-occupied residential property or only to the portion of property so classified and assessed.
1(5) For the purpose of applying the exemptions in this section, the real property includes portions of the real property and contiguous real property assessed solely on the basis of character or use pursuant to s. 193.461 or s. 193.501 or assessed pursuant to s. 193.505.
(6) A person who is receiving or claiming the benefit of an ad valorem tax exemption or a tax credit in another state where permanent residency is required as a basis for the granting of that ad valorem tax exemption or tax credit is not entitled to the homestead exemption provided by this section. This subsection does not apply to a person who has the legal or equitable title to real estate in Florida and maintains thereon the permanent residence of another legally or naturally dependent upon the owner.
(7) When homestead property is damaged or destroyed by misfortune or calamity and the property is uninhabitable on January 1 after the damage or destruction occurs, the homestead exemption may be granted if the property is otherwise qualified and if the property owner notifies the property appraiser that he or she intends to repair or rebuild the property and live in the property as his or her primary residence after the property is repaired or rebuilt and does not claim a homestead exemption on any other property or otherwise violate this section. Failure by the property owner to commence the repair or rebuilding of the homestead property within 3 years after January 1 following the property’s damage or destruction constitutes abandonment of the property as a homestead. After the 3-year period, the expiration, lapse, nonrenewal, or revocation of a building permit issued to the property owner for such repairs or rebuilding also constitutes abandonment of the property as homestead.
(8) Unless the homestead property is totally exempt from ad valorem taxation, the exemptions provided in paragraphs (1)(a) and (b) shall be applied before other homestead exemptions, which shall then be applied in the order that results in the lowest taxable value.
History.—ss. 1, 2, ch. 17060, 1935; CGL 1936 Supp. 897(2); s. 1, ch. 67-339; ss. 1, 2, ch. 69-55; ss. 1, 3, ch. 71-309; s. 1, ch. 72-372; s. 1, ch. 72-373; s. 9, ch. 74-227; s. 1, ch. 74-264; s. 1, ch. 77-102; s. 3, ch. 79-332; s. 4, ch. 80-261; s. 10, ch. 80-274; s. 3, ch. 81-219; s. 9, ch. 81-308; s. 11, ch. 82-208; ss. 24, 80, ch. 82-226; s. 1, ch. 84-327; s. 1, ch. 85-232; s. 5, ch. 92-32; s. 1, ch. 93-65; s. 10, ch. 93-132; ss. 33, 34, ch. 94-353; s. 1473, ch. 95-147; s. 2, ch. 2001-204; s. 908, ch. 2002-387; s. 2, ch. 2006-311; s. 6, ch. 2007-339; s. 8, ch. 2008-173; s. 1, ch. 2010-176; s. 2, ch. 2012-57; s. 17, ch. 2012-193; s. 8, ch. 2013-72; s. 1, ch. 2017-35; s. 5, ch. 2022-97.
1Note.—Section 6, ch. 2022-97, provides that “[t]he amendments made by this act to s. 196.031, Florida Statutes, are intended to be remedial and clarifying in nature and apply retroactively, but do not provide a basis for an assessment of any tax or create a right to a refund of any tax paid before the effective date of this act. The amendments do not affect the provisions set forth in s. 193.155, Florida Statutes, limiting the application of that section only to the residence and curtilage.”
Note.—Former s. 192.12.
Structure Florida Statutes
Title XIV - Taxation and Finance
196.001 - Property Subject to Taxation.
196.011 - Annual Application Required for Exemption.
196.015 - Permanent Residency; Factual Determination by Property Appraiser.
196.021 - Tax Returns to Show All Exemptions and Claims.
196.031 - Exemption of Homesteads.
196.041 - Extent of Homestead Exemptions.
196.061 - Rental of Homestead to Constitute Abandonment.
196.071 - Homestead Exemptions; Claims by Members of Armed Forces.
196.075 - Additional Homestead Exemption for Persons 65 and Older.
196.082 - Discounts for Disabled Veterans; Surviving Spouse Carryover.
196.091 - Exemption for Disabled Veterans Confined to Wheelchairs.
196.095 - Exemption for a Licensed Child Care Facility Operating in an Enterprise Zone.
196.101 - Exemption for Totally and Permanently Disabled Persons.
196.121 - Homestead Exemptions; Forms.
196.131 - Homestead Exemptions; Claims.
196.141 - Homestead Exemptions; Duty of Property Appraiser.
196.151 - Homestead Exemptions; Approval, Refusal, Hearings.
196.171 - Homestead Exemptions; City Officials.
196.173 - Exemption for Deployed Servicemembers.
196.181 - Exemption of Household Goods and Personal Effects.
196.182 - Exemption of Renewable Energy Source Devices.
196.183 - Exemption for Tangible Personal Property.
196.185 - Exemption of Inventory.
196.192 - Exemptions From Ad Valorem Taxation.
196.193 - Exemption Applications; Review by Property Appraiser.
196.194 - Value Adjustment Board; Notice; Hearings; Appearance Before the Board.
196.195 - Determining Profit or Nonprofit Status of Applicant.
196.1961 - Exemption for Historic Property Used for Certain Commercial or Nonprofit Purposes.
196.1975 - Exemption for Property Used by Nonprofit Homes for the Aged.
196.1976 - Provisions of Ss. 196.197(1) or (2) and 196.1975; Severability.
196.1977 - Exemption for Property Used by Proprietary Continuing Care Facilities.
196.1978 - Affordable Housing Property Exemption.
196.198 - Educational Property Exemption.
196.1983 - Charter School Exemption From Ad Valorem Taxes.
196.1985 - Labor Organization Property Exemption.
196.1986 - Community Centers Exemption.
196.1987 - Biblical History Display Property Exemption.
196.199 - Government Property Exemption.
196.1993 - Certain Agreements With Local Governments for Use of Public Property; Exemption.
196.1995 - Economic Development Ad Valorem Tax Exemption.
196.1996 - Economic Development Ad Valorem Tax Exemption; Effect of Ch. 94-136.
196.1997 - Ad Valorem Tax Exemptions for Historic Properties.
196.1998 - Additional Ad Valorem Tax Exemptions for Historic Properties Open to the Public.
196.1999 - Space Laboratories and Carriers; Exemption.
196.2001 - Not-for-Profit Sewer and Water Company Property Exemption.
196.2002 - Exemption for S. 501(c)(12) Not-for-Profit Water and Wastewater Systems.
196.202 - Property of Widows, Widowers, Blind Persons, and Persons Totally and Permanently Disabled.
196.24 - Exemption for Disabled Ex-Servicemember or Surviving Spouse; Evidence of Disability.
196.26 - Exemption for Real Property Dedicated in Perpetuity for Conservation Purposes.
196.28 - Cancellation of Delinquent Taxes Upon Lands Used for Road Purposes, Etc.
196.31 - Taxes Against State Properties; Notice.
196.32 - Executive Office of the Governor; Consent Required to Certain Assessments.