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Homestead exemption in Florida

Homestead exemption in Florida


Florida's homestead exemption provisions are among the most protective in the United States, and refer to two similar, but unrelated provisions of the Florida Constitution. The creditor protection clause of Article X gives no limit to the value of property that can be protected from creditors. The tax exemption clause of Article VI renders property tax-free certain dollar amounts of the value of the homestead, as well as up to $1,000 of personal property. Both provisions apply automatically upon the establishment of a primary residence in Florida, but to reap the tax assessment benefits it must be claimed by a filing with the state. It can be lost if the homeowner abandons use of the homestead as a primary residence.

Scope of the protection

Florida's creditor protection homestead provision is one of the broadest in the United States. The value of the property that can be protected is unlimited, so long as the property occupies no more than ½ acre (2,000 m²) within a municipality, or 160 acres (650,000 m²) outside of a municipality. The provision is written into the Florida Constitution, Article X, section 4, so it can not be removed without a constitutional amendment.

Because of the scope of the protection afforded, persons from other states with heavy debts or large court judgments against them have been known to purchase expensive estates in Florida, a famous example being O.J. Simpson.

One event that can drastically affect the value of a homestead is municipal incorporation. If a 160 acre (650,000 m²) non-municipal homestead is on land that is later incorporated into a municipality, the homestead will be grandfathered in and remain protected for the owner and his heirs. However, for any future purchasers of all or part of the property, the protected land will drop to the ½ acre (2,000 m²) allowed within a municipality.

Protection from creditors

The homestead exemption offers virtually absolute protection from forced sale to meet the demands of creditors, except under three special circumstances listed below.

One unique feature of Florida's homestead exemption is that it attaches to proceeds from the sale of a home, if the homeowner intends to use those proceeds to establish a new Florida homestead within a reasonable time. Therefore, if the owner of a $1,000,000 home sells that home and puts the money in a bank account, that money is still protected by the homestead exemption, so long as the homeowner has a bona fide intent to use it to purchase another home in Florida entitled to the exemption. This protection is lost if the funds are commingled with other funds not designated for such a purchase. Also, the protection only extends to the amount the owner intends to invest in a new homestead - if the owner of a $1,000,000 home sells that home, and makes clear his intent to purchase a $750,000 home, the remaining $250,000 will lose its protection.

Exceptions for certain creditors

Three types of creditors can still force the sale of a homestead to collect debts owed to them. These are:

The State of Florida and its counties or municipalities, to collect past due property taxes;
Parties to whom the property was specifically pledged as credit for a mortgage;
Mechanics who are owed money for work performed in repairing or improving the property.

Because the homestead exemption is state law, it can also be over-ridden by the United States federal government, to satisfy federal income tax debts for example, although this has rarely occurred.

Reduction of property tax

Florida property tax homestead exemption reduces the value of a home for assessment of property taxes by $25,000, so a home that was actually worth $100,000 would be taxed as though it was worth only $75,000. Florida counties are permitted to tax property for up to 3% of its total value, so a $100,000 home could be taxed $3,000/yr, but the homestead exemption would reduce that burden to $2,250/yr.

Additionally, and more importantly, the Florida homestead exemption caps the rate at which property taxes may be increased. Though millage rates may be changed, the assessed value a house with a homestead exemption can be increased by is fixed. This is the result of the "Save Our Homes" Amendment to the Florida Constitution which was passed by voters in 1992, and went into effect in 1995. The amendment caps the increase of the assessed value of a home with a homestead exemption to the lesser of 3% or the rate of inflation. This means that if an owner had a homestead exemption on a home valued at $100,000 in 1995, and the exemption was still valid in 2005, the most the home could be assessed at is $126,000. For comparison, records of the Florida Association of Realtors show the median price of a single family home during the same time increasing 175% from $89,900 in 1995, to $247,000 in 2005.

Homestead exemptions are only available on an individual's primary home. Therefore, this exemption does not apply to businesses, rental property, second homes, or homes with owners that do not claim Florida as their primary residence. Further, the benefits from the "Save Our Homes" amendment do not run with the homesteader or the house. A homesteader that moves will pay taxes on the full market value of the new house for their first year. Acquiring a house that had a homestead exemption does not entitle the buyer to retain its low tax rate.

Supporters of the "Save Our Homes" Amendment contend that it allows long term residents with a fixed income to be able to afford to stay in their homes without being driven out by tax increases as their property value increases. Detractors argue that it creates an unfair system of taxation in which first time home buyers, new residents, seasonal residents, and businesses are burdened with more than their share of taxes while homesteaders are trapped in their own homes, often unable to move without doubling their tax rate.

Protection to surviving spouse or minor child

The provision also protects a spouse in several ways. First, it restrains the homeowner from conveying the property without the approval of their spouse, even if the property is entirely in the name of one spouse, or was purchased entirely from funds of one spouse. The provision also prohibits a spouse from devising the property by will, if the homeowner is survived by a spouse or a minor child. A spouse may waive these rights with respect to the will, but a minor child is not competent to do so. Finally, the homestead exemption automatically attaches to the surviving spouse, so the property will never be exposed to the creditors of either spouse because of the death of the other.

Contact us at FLORIDA HOMESTEAD SERVICES today in order to protect your property from creditors!

 
 
 

   
I will learn

I will learn to be more tolerant. I will be less judgmental. I will be more accepting. I will learn to be more tolerant.

 

Of others. Of my self.

 

I will learn to be more tolerant. I will be less judgmental.

 
 
   
 

Proof there is a God

“Proof there is a God”

 

People have a lot of reasons for believing what they do. I can think of no greater controversy than the one that surrounds our beliefs in God. Everyone has there own opinions and feels strongly about them. Some people refuse to talk about the subject while others apparently don’t know when they ought to shut up about it. It’s too bad that we can’t all be more open-minded and willing to listen to what each other has to say. It might do the world some good some day to realize how much we don’t know about each other that could actually teach us something. What one person believes doesn‘t have to be so terribly at odds with what someone else believes. We’re all right in our own way. It‘s like they say: the truth is fragmented. No doubt about it! So the next time you find yourself standing in front of a mirror consider that God is like a mirror. Although the mirror never changes everyone who looks at it sees a different face.

 

Having said that I’ve decided to write about a few things that have been on my mind lately. I look forward to your criticism and outright objections to my utter non-sense. If you find you agree with anything to follow I recommend you check yourself into a mental hospital because you’re probably crazy. I know for a fact I am. Have been for a long time! LOL!

 

I’ve been studying some of the different arguments that philosophers have used to prove the existence of God. To be honest, most of them are over my head or, more likely, too stupid for someone like me to comprehend. There is one argument though that makes sense to me. Aristotle pointed out that nothing moves unless something causes it to move. He felt, that being the case, that God would have to exist because something would have to cause the first thing to move in order for anything else to move.

 

Another way to look at it is to say that my parents created me in the same way their parents created them (if you know what I mean?). Go back far enough and science teaches us that the first mammal was a shrew like creature that lived millions of years ago. Who knows what came before this particular (human) ancestor other than to say something had to. Ultimately we can trace our beginnings back to 10 to the negative 43 seconds after the Big Bang, before which the four forces of nature had to be combined as a single force. A feat mathematics has yet to achieve. My point is that there has to be a first creator in order for there to be a 2nd or a 3rd. Something had to put everything into motion and the most likely candidate is still God (in my opinion).

 

Similarly a person who believes in a perfect God would have to believe in a perfect outcome. The truth would, therefore, have to be as right as God. Although I will never know what it means to be perfect, I have a pretty good idea of, at least, a few of the characteristics it would require. One of those characteristics stands out in my mind which is what we think of as fair. Some people might suggest that it is impossible for a mere human to say what’s fair but I disagree. It’s as simple as figuring out what’s not fair and sorting through what’s left.

 

It’s perfectly clear to a lot of people (like myself) that it wouldn’t be fair to hold someone’s religion or lack of one against them. God is the God of everyone or He is the God of no one. Our beliefs do not determine what is or what isn’t. It’s as simple as that. All that matters is that our beliefs are sincere and involve putting God in control of our lives (no matter what we call Him). I call this surrendering the knowledge of good and evil and believe there’s not a single wrong way to go about it. People who surrender the knowledge of good and evil will become at one with God and serve Him in the same manner our arms and legs do us. They will essentially become extensions of Gods perfect will and be forever satisfied and happy with their decision. Everyone else will experience Actual Free-will, Perfect On-going Justice and a Permanent 2nd Chance in a place called Utopia because God wishes to be fair to everyone (not just to those who have surrendered their free-will for something better). Actual Free-will will put people in charge of their destinies by giving them control over their spiritual environment. They will be able to be psychic about themselves but not each other (to the extent that Perfect On-going Justice Permits). Perfect On-going Justice is comparable to Karma but with more appropriate, real time consequences. Since forever should be based on forever and not a human lifetime everyone will be given a Permanent 2nd Chance to surrender the knowledge of good and evil and join those already in Heaven. There will be liberty and justice for all just like there ought to and (must be) for the outcome to be as perfect as the one who designed it.

 

Now I know what you’re all saying. You’ve heard all this before and so you have but how much thought have you really given it? Can you come up with a fairer scenario than the one I am proposing? If there is a perfect God worth believing in and we adhere to any of the worlds religions beliefs about Him isn’t it time we question some of those beliefs? Do we have to believe in a cruel or powerless God like the one Christianity presents us with who must be one or the other? If God is all powerful then He must be a tyrant of some kind who’s out to torment people for eternity who refuse to worship Him for doing so. An all powerful God has no use for Jesus. He saves who He wants to save. Furthermore the right to be a fool might not sound like such a good idea at first but may I remind you that it’s our most basic freedom. It’s the right to think and act for ourselves. The knowledge of good and evil does not mean having to be a worthless criminal or a troubled sinner. It does however mean getting to be ourselves and deciding for ourselves what that means. It’s actually a right worth fighting for, worth defending, and worth going to hell for, especially if God threatens to send us there for such a ridiculous reason. He should let us keep the knowledge of good and evil over sending us to hell for it. At least, that’s what I would do if I were Him. If it were up to me I would bring liberty and justice for all to everyone in the form of Utopia. What would you do? Think carefully…

 

 

 
 
 

   
."I only ask for a lover who will not speak but smile."
.People do dumb things... like me this morning. I totally didn't notice that the light was red and pulled out in front of someone. It's a miracle from God--and yes, I honestly believe that it's a miracle--that I wasn't in a horrifying car accident. I was so close to a car accident that my OCD mind was worried that I had actually had a very minor car accident and simply didn't notice. After seeing that there wasn't even a mark on my car and remembering there had been no sound, I slapped myself and got over it. I had been feeling pretty bad about it this morning--convincing myself I had been involved in an imaginary hit-and-run--when the pastor of my church made me feel a lot better by giving me something at which to laugh.

.Today's sermon was on sin. Sin isn't funny. My personal feeling on sin is that it mostly exists for simply logical reasons (i.e. logically one shouldn't cheat on one's wife because it brings about emotional distress, etc.).  I actually don't see any other reason. I mean, it doesn't make sense for sin to exist for any other purpose. Why else would God say, "Uhh... just don't do those things... I don't like it for some unknown reason... Yeah... Don't..."

.The thing that was so funny about the sermon is that it brought up the idea of punishment on Earth for our sins. Christians--THIS IS LUDICROUS AND COMPLETELY AGAINST THE BIBLE. The Bible talks about judgment after death for the things we did wrong (which I personally think may just be a shove in the right direction through fear and not a literal judgment). Anyway, when someone starts talking about people being punished by God during life, it just doesn't make sense. Yes, there are consequences for our actions. That's part of the reason I see sin as an issue of logic. But God isn't going to rain fire on you for sinning. That's dumb.

.The pastor began to use the example that for every cause there is an effect. If you see an effect, it had to have a cause; therefore, if you are experiencing judgment, you've been sinning. After he said this, I actually found myself saying aloud, "What?" It was just too stupid to believe. Hasn't he read Job? Job worried that he had done something wrong because of all the bad things happening to him, but he had actually done nothing. I was just waiting for the pastor to say hurricane Katrina was a punishment to New Orleans and AIDS is judgment for homosexuals, heroin addicts, hemophiliacs... and pretty much the entire continent of Africa.

.The thing that really made my day was when he started talking about Ted Haggard. "Pastor Tim" began talking about how sometimes our sins are exposed to the public and embarrass us. That is judgment, he told us. He used the example of Ted Haggard. He was a pastor and the leader of the National Association of Evangelicals. He preached against homosexuality and condemned it as wrong. He was later found to be homosexual himself--frequenting a gay prostitute--and using drugs. Our pastor told us that a lot of people like to laugh about him. Non-Christians like to say, "Look at that phony!" He said that Haggard makes people like him, along with other Christians, look bad. You see, Tim totally missed the mark here. People don't make fun of Ted Haggard because he was a phony--people make fun of him because it's highly ironic. When someone condemns something before being shown to do it for one's self is hilarious. Hypocrisy. Homosexuals everywhere were rolling in the aisles of the world theatre.

.On top of all of this, it was his sermon for MOTHER'S DAY. WTF.

.Anyway, if you leave my blog with anything today, leave knowing this: when bad things happen to you, don't first blame it on God. It's probably just nature or the luck of the draw. Also, don't persecute homosexuals, or you'll probably end up being one yourself.
 
 
   
 

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