(1)(a) When the estate of any person is being probated or administered in another state under an allegation that such person was a resident of that state and the estate of such person contains real property situate in this state upon which homestead exemption has been allowed pursuant to s. 196.031 for any year or years within 10 years immediately prior to the death of the deceased, then within 3 years after the death of such person the property appraiser of the county where the real property is located shall, upon knowledge of such fact, record a notice of tax lien against the property among the public records of that county, and the property shall be subject to the payment of all taxes exempt thereunder, a penalty of 50 percent of the unpaid taxes for each year, plus 15 percent interest per year, unless the circuit court having jurisdiction over the ancillary administration in this state determines that the decedent was a permanent resident of this state during the year or years an exemption was allowed, whereupon the lien shall not be filed or, if filed, shall be canceled of record by the property appraiser of the county where the real estate is located.
(b) In addition, upon determination by the property appraiser that for any year or years within the prior 10 years a person who was not entitled to a homestead exemption was granted a homestead exemption from ad valorem taxes, it shall be the duty of the property appraiser making such determination to serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and such property shall be identified in the notice of tax lien. Such property which is situated in this state shall be subject to the taxes exempted thereby, plus a penalty of 50 percent of the unpaid taxes for each year and 15 percent interest per annum. However, if a homestead exemption is improperly granted as a result of a clerical mistake or an omission by the property appraiser, the person improperly receiving the exemption shall not be assessed penalty and interest. Before any such lien may be filed, the owner so notified must be given 30 days to pay the taxes, penalties, and interest.
(2) The collection of the taxes provided in this section shall be in the same manner as existing ad valorem taxes, and the above procedure of recapturing such taxes shall be supplemental to any existing provision under the laws of this state.
(3) The lien herein provided shall not attach to the property until the notice of tax lien is filed among the public records of the county where the property is located. Prior to the filing of such notice of lien, any purchaser for value of the subject property shall take free and clear of such lien. Such lien when filed shall attach to any property which is identified in the notice of lien and is owned by the person who illegally or improperly received the homestead exemption. Should such person no longer own property in the county, but own property in some other county or counties in the state, it shall be the duty of the property appraiser to record a notice of tax lien in such other county or counties, identifying the property owned by such person in such county or counties, and it shall become a lien against such property in such county or counties.
History.—ss. 1, 2, 3, 4, ch. 67-134; ss. 1, 2, ch. 69-55; s. 20, ch. 69-216; s. 1, ch. 74-155; s. 1, ch. 77-102; s. 12, ch. 81-219; s. 51, ch. 82-226; s. 10, ch. 86-300; s. 4, ch. 90-343; s. 40, ch. 94-353; s. 1, ch. 95-359; s. 10, ch. 2002-18.
Note.—Former s. 192.215.
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.