HJR 0973 2003
1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 4 of
3	Article X of the State Constitution to limit the exemption
4	of homestead property from liens and to authorize
5	legislation to permit the forced sale of homestead
6	property obtained by fraudulent means.
7
8	Be It Resolved by the Legislature of the State of Florida:
9
10	That the amendment to Section 4 of Article X of the State
11	Constitution set forth below is agreed to and shall be submitted
12	to the electors of Florida for approval or rejection at the
13	general election to be held in November 2004:
14	ARTICLE X
15	MISCELLANEOUS
16	SECTION 4. Homestead; exemptions.--
17	(a) There shall be exempt from forced sale under process
18	of any court, and no judgment, decree or execution shall be a
19	lien thereon, except for the payment of taxes and assessments
20	thereon, obligations contracted for the purchase, improvement or
21	repair thereof, or obligations contracted for house, field or
22	other labor performed on the realty, the following property
23	owned by a natural person:
24	(1) a homestead, if located outside a municipality, to the
25	extent of one hundred sixty acres of contiguous land and
26	improvements thereon, which shall not be reduced without the
27	owner's consent by reason of subsequent inclusion in a
28	municipality; or if located within a municipality, to the extent
29	of one-half acre of contiguous land, upon which the exemption
30	shall be limited to the residence of the owner or the owner's
31	family, provided that a lien may be placed on the value of the
32	equity of such property in excess of one million dollars and the
33	legislature may provide by general law that the provisions of
34	this subsection shall not apply to property obtained directly or
35	indirectly through a fraudulent transfer of assets or to
36	property purchased with unlawfully obtained assets;
37	(2) personal property to the value of one thousand
38	dollars.
39	(b) These exemptions shall inure to the surviving spouse
40	or heirs of the owner.
41	(c) The homestead shall not be subject to devise if the
42	owner is survived by spouse or minor child, except the homestead
43	may be devised to the owner's spouse if there be no minor child.
44	The owner of homestead real estate, joined by the spouse if
45	married, may alienate the homestead by mortgage, sale or gift
46	and, if married, may by deed transfer the title to an estate by
47	the entirety with the spouse. If the owner or spouse is
48	incompetent, the method of alienation or encumbrance shall be as
49	provided by law.
50	BE IT FURTHER RESOLVED that the title and substance of the
51	amendment proposed herein shall appear on the ballot as follows:
52	LIMITATION ON EXEMPTION FROM LIENS ON AND
53	FORCED SALE OF HOMESTEAD PROPERTY
54	Proposes an amendment to Section 4 of Article X of the
55	State Constitution to provide that a lien may be placed on the
56	equity of homestead property to the extent the equity exceeds $1
57	million and that the Legislature may provide by general law for
58	the forced sale of homestead property obtained fraudulently or
59	with fraudulently or unlawfully obtained assets.