Senate Bill 1816

    Florida Senate - 1998                                 SJR 1816

    By Senators Williams, Grant, Dudley and Brown-Waite





    6-1483-98

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 4 of Article X of the State

  4         Constitution, to provide that the homestead

  5         exemption from forced sale does not apply to

  6         homestead property that is acquired or whose

  7         equity value is increased through prepayment of

  8         any mortgage debt with intent to defraud

  9         creditors.

10

11  Be It Resolved by the Legislature of the State of Florida:

12

13         That the following amendment to Section 4 of Article X

14  of the State Constitution is agreed to and shall be submitted

15  to the electors of this state for approval or rejection at the

16  next general election or at an earlier special election

17  specifically authorized by law for that purpose:

18                            ARTICLE X

19                          MISCELLANEOUS

20         SECTION 4.  Homestead; exemptions.--

21         (a)  There shall be exempt from forced sale under

22  process of any court, and no judgment, decree or execution

23  shall be a lien thereon, except for the payment of taxes and

24  assessments thereon, obligations contracted for the purchase,

25  improvement or repair thereof, or obligations contracted for

26  house, field or other labor performed on the realty, the

27  following property owned by a natural person:

28         (1)  a homestead, if located outside a municipality, to

29  the extent of one hundred sixty acres of contiguous land and

30  improvements thereon, which shall not be reduced without the

31  owner's consent by reason of subsequent inclusion in a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                 SJR 1816
    6-1483-98




  1  municipality; or if located within a municipality, to the

  2  extent of one-half acre of contiguous land, upon which the

  3  exemption shall be limited to the residence of the owner or

  4  his family;

  5         (2)  personal property to the value of one thousand

  6  dollars.

  7         (b)  These exemptions shall inure to the surviving

  8  spouse or heirs of the owner.

  9         (c)  The homestead shall not be subject to devise if

10  the owner is survived by spouse or minor child, except the

11  homestead may be devised to the owner's spouse if there be no

12  minor child.  The owner of homestead real estate, joined by

13  the spouse if married, may alienate the homestead by mortgage,

14  sale or gift and, if married, may by deed transfer the title

15  to an estate by the entirety with the spouse.  If the owner or

16  spouse is incompetent, the method of alienation or encumbrance

17  shall be as provided by law.

18         (d)  The homestead exemption in this section does not

19  apply to any property to the extent that the homestead is

20  acquired or the equity value of the homestead is increased

21  through the prepayment of any mortgage debt with the intent to

22  hinder, delay, or defraud the creditors of the owners.

23         BE IT FURTHER RESOLVED that the following statement be

24  placed on the ballot:

25                     CONSTITUTIONAL AMENDMENT

26                       ARTICLE X, SECTION 4

27         HOMESTEAD EXEMPTIONS.--Proposing an amendment to the

28  State Constitution to prohibit the homestead exemption from

29  forced sale from applying to property that is acquired or

30  whose equity value is increased by prepayment of any mortgage

31  debt with the intent to defraud creditors.

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