The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 196
EXEMPTION

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F.S. 196.161

196.161 Homestead exemptions; lien imposed on property of person claiming exemption although not a permanent resident.—

(1)(a) When the estate of any person is being probated or administered in another state under an allegation that such person was a resident of that state and the estate of such person contains real property situate in this state upon which homestead exemption has been allowed pursuant to s. 196.031 for any year or years within 10 years immediately prior to the death of the deceased, then within 3 years after the death of such person the property appraiser of the county where the real property is located shall, upon knowledge of such fact, record a notice of tax lien against the property among the public records of that county, and the property shall be subject to the payment of all taxes exempt thereunder, a penalty of 50 percent of the unpaid taxes for each year, plus 15 percent interest per year, unless the circuit court having jurisdiction over the ancillary administration in this state determines that the decedent was a permanent resident of this state during the year or years an exemption was allowed, whereupon the lien shall not be filed or, if filed, shall be canceled of record by the property appraiser of the county where the real estate is located.

(b) In addition, upon determination by the property appraiser that for any year or years within the prior 10 years a person who was not entitled to a homestead exemption was granted a homestead exemption from ad valorem taxes, it shall be the duty of the property appraiser making such determination to serve upon the owner a notice of intent to record in the public records of the county a notice of tax lien against any property owned by that person in the county, and such property shall be identified in the notice of tax lien. Such property which is situated in this state shall be subject to the taxes exempted thereby, plus a penalty of 50 percent of the unpaid taxes for each year and 15 percent interest per annum. However, if a homestead exemption is improperly granted as a result of a clerical mistake or an omission by the property appraiser, the person improperly receiving the exemption shall not be assessed penalty and interest. Before any such lien may be filed, the owner so notified must be given 30 days to pay the taxes, penalties, and interest.

(2) The collection of the taxes provided in this section shall be in the same manner as existing ad valorem taxes, and the above procedure of recapturing such taxes shall be supplemental to any existing provision under the laws of this state.

(3) The lien herein provided shall not attach to the property until the notice of tax lien is filed among the public records of the county where the property is located. Prior to the filing of such notice of lien, any purchaser for value of the subject property shall take free and clear of such lien. Such lien when filed shall attach to any property which is identified in the notice of lien and is owned by the person who illegally or improperly received the homestead exemption. Should such person no longer own property in the county, but own property in some other county or counties in the state, it shall be the duty of the property appraiser to record a notice of tax lien in such other county or counties, identifying the property owned by such person in such county or counties, and it shall become a lien against such property in such county or counties.

History.—ss. 1, 2, 3, 4, ch. 67-134; ss. 1, 2, ch. 69-55; s. 20, ch. 69-216; s. 1, ch. 74-155; s. 1, ch. 77-102; s. 12, ch. 81-219; s. 51, ch. 82-226; s. 10, ch. 86-300; s. 4, ch. 90-343; s. 40, ch. 94-353; s. 1, ch. 95-359; s. 10, ch. 2002-18.

Note.—Former s. 192.215.

F.S. 196.161 on Google Scholar

F.S. 196.161 on Casetext

Amendments to 196.161

Arrestable Offenses / Crimes under Fla. Stat. 196.161

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 196.161.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MIAMI- DADE COUNTY, v. LANSDOWNE MORTGAGE, LLC,, 235 So. 3d 960 (Fla. Dist. Ct. App. 2017)

. . . 197.122(1) does not apply to the instant tax lien because there is a more specific statute, section 196.161 . . . See § 196.161(3), Fla. . . . However, section 196.161(3) does not expressly or impliedly affect the priority of homestead tax liens . . . trial court, that the priority of the County’s tax lien in this case should be governed by section 196.161 . . .

GENESIS MINISTRIES, INC. v. S. BROWN, As As As, 186 So. 3d 1074 (Fla. Dist. Ct. App. 2016)

. . . Except for homestead exemptions controlled by s. 196.161,- the property appraiser making such determination . . .

MITCHELL, v. HIGGS,, 61 So. 3d 1152 (Fla. Dist. Ct. App. 2011)

. . . The lawsuit also sought the removal of a tax lien filed against him by the appraiser under section 196.161 . . . The final summary judgment did not address “[Mitchell’s] claim that sections 196.011, 196.161, and 193.155 . . . homestead exemption (for up to ten prior years) is the subject of an express legislative enactment, section 196.161 . . . Were it otherwise, section 196.161 could never be given effect for any prior year, much less ten prior . . . For the same reasons, we find section 196.161 constitutional and enforceable as applied in this case. . . .