House Bill 4151

    Florida House of Representatives - 1998                HB 4151

        By Representatives Turnbull and Kelly






  1                      A bill to be entitled

  2         An act relating to homestead property; amending

  3         s. 222.01, F.S.; providing that a statement

  4         declaring property to be a homestead for

  5         purposes of exemption from forced sale shall be

  6         recorded in person with the clerk of the

  7         circuit court; specifying that a homestead

  8         exemption granted under s. 196.031, F.S., is

  9         deemed a designation of homestead as provided

10         in s. 222.01, F.S.; providing an effective

11         date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 222.01, Florida Statutes, is

16  amended to read:

17         222.01  Designation of homestead by owner before

18  levy.--Whenever any person residing in this state desires to

19  avail himself or herself of the benefit of the provisions of

20  the constitution and laws exempting property as a homestead

21  from forced sale under any process of law, he or she may make

22  a statement, in writing, containing a description of the real

23  property, mobile home, or modular home claimed to be exempt

24  and declaring that the real property, mobile home, or modular

25  home is the homestead of the party in whose behalf such claim

26  is being made.  Such statement shall be signed and recorded in

27  person with the clerk of the circuit court by the person

28  making it and shall be recorded in the circuit court. For

29  purposes of this section, a homestead exemption granted

30  pursuant to s. 196.031 is deemed to be a designation of

31  homestead as provided in this section.

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






    Florida House of Representatives - 1998                HB 4151

    558-139A-98






  1         Section 2.  This act shall take effect July 1 of the

  2  year in which enacted.

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  5                          HOUSE SUMMARY

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      Provides that an owner of property who wishes to
  7    designate property to be homestead property for purposes
      of exemption from forced sale shall record the statement
  8    in person with the clerk of the circuit court. Specifies
      that a homestead exemption granted pursuant to s.
  9    196.031, F.S., shall be deemed to be such a designation.

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