CODING: Words stricken are deletions; words underlined are additions.House Bill 0321
Florida House of Representatives - 1997 HJR 321
By Representative Burroughs
1 House Joint Resolution
2 A joint resolution proposing an amendment to
3 Section 4, Article X of the State Constitution,
4 relating to homestead exemptions.
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6 Be It Resolved by the Legislature of the State of Florida:
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8 That the following amendment to Section 4 of Article X
9 of the State Constitution is agreed to and shall be submitted
10 to the electors of this state for approval or rejection at the
11 next general election or at an earlier special election
12 specifically authorized by law for that purpose.
13 ARTICLE X
14 MISCELLANEOUS
15 SECTION 4. Homestead; exemptions.--
16 (a) There shall be exempt from forced sale under
17 process of any court, and no judgment, decree or execution
18 shall be a lien thereon, except for the payment of taxes and
19 assessments thereon, obligations contracted for the purchase,
20 improvement or repair thereof, or obligations contracted for
21 house, field or other labor performed on the realty, the
22 following property owned by a natural person:
23 (1) a homestead, if located outside a municipality, to
24 the extent of one hundred sixty acres of contiguous land and
25 improvements thereon, which shall not be reduced without the
26 owner's consent by reason of subsequent inclusion in a
27 municipality; or if located within a municipality, to the
28 extent of one-half acre of contiguous land, upon which the
29 exemption shall be limited to the residence of the owner or
30 his family;
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Florida House of Representatives - 1997 HJR 321
554-148-97
1 (2) personal property to the value of one thousand
2 dollars.
3 (b) The exemption provided in paragraph (1) of
4 subsection (a) does not apply to a homestead the assessed
5 value of which exceeds two hundred fifty thousand dollars or a
6 greater amount prescribed by general law. However, the
7 proceeds from the forced sale of such a homestead must be
8 applied first to satisfy the payment of taxes and assessments
9 thereon; obligations contracted for the purchase, improvement,
10 or repair thereof; and obligations contracted for house,
11 field, or other labor performed on the realty. Only the
12 proceeds from the forced sale which exceed the sum of:
13 (1) Two hundred fifty thousand dollars or the greater
14 amount prescribed by general law, and
15 (2) The amount necessary to satisfy the above taxes,
16 assessments, and obligations
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18 shall be applied to fulfill other judgments.
19 (c)(b) These exemptions shall inure to the surviving
20 spouse or heirs of the owner.
21 (d)(c) The homestead shall not be subject to devise if
22 the owner is survived by spouse or minor child, except the
23 homestead may be devised to the owner's spouse if there be no
24 minor child. The owner of homestead real estate, joined by
25 the spouse if married, may alienate the homestead by mortgage,
26 sale or gift and, if married, may by deed transfer the title
27 to an estate by the entirety with the spouse. If the owner or
28 spouse is incompetent, the method of alienation or encumbrance
29 shall be as provided by law.
30 BE IT FURTHER RESOLVED that the following statement be
31 placed on the ballot:
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HJR 321
554-148-97
1 CONSTITUTIONAL AMENDMENT
2 ARTICLE X, SECTION 4
3 HOMESTEAD EXEMPTION.--Proposing an amendment to the
4 State Constitution to provide that the exemption from forced
5 sale or execution of a lien on a homestead is limited to sixty
6 acres of contiguous land and improvements thereon for a
7 homestead located outside a municipality and limiting the
8 homestead exemption for homesteads within a municipality or
9 outside a municipality to two hundred fifty thousand dollars
10 or a greater amount prescribed by law.
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