Eligibility Requirements for the Florida Homestead Exemption

For Florida homeowners, the homestead exemption is one of the most important legal and financial protections available. It not only reduces property taxes but also provides constitutional protection for your primary residence from certain creditor claims. To receive these benefits, however, you must meet specific eligibility requirements and file your application correctly.

This guide outlines the basic qualifications for the Florida Homestead Exemption and offers insight into how to maintain your eligibility once approved. For a deeper overview of the exemption’s history and protections, visit our main page on the Florida Homestead Exemption.

Who Qualifies for the Florida Homestead Exemption

To qualify for the homestead exemption under Article VII, Section 6 of the Florida Constitution, a property owner must satisfy the following three primary conditions:

• Ownership: You must have legal or beneficial title to the property as of January 1 of the tax year. Ownership may be held individually, jointly, or through a qualifying trust.
• Permanent Residence: The property must be your permanent residence — your primary and principal home. It must be the place where you actually live and intend to remain.
• Florida Residency: You must be a bona fide resident of the State of Florida as of January 1 of the year you apply. Residency is generally demonstrated through a Florida driver’s license, voter registration, vehicle registration, or declaration of domicile.

Applicants must apply with their county property appraiser by March 1 of the year they seek the exemption. If approved, the exemption continues automatically in future years, provided the owner maintains the property as their primary residence.

Types of Properties That Qualify

The homestead exemption applies to the owner’s primary residence, whether it is a single-family home, condominium, townhouse, or certain mobile homes affixed to owned land. The property must not be rented out on a permanent basis or primarily used for commercial purposes.

Only one homestead exemption is allowed per individual or family unit. If you own multiple homes in Florida or in other states, you can claim the exemption only on your principal residence.

Special Ownership Situations

Property Owned in a Trust

Florida allows homeowners to claim the homestead exemption for property owned in a properly drafted revocable living trust, provided the trust identifies the applicant as the beneficiary with the right to occupy the home. Trust language must clearly preserve the owner’s beneficial interest and homestead rights.

Married Couples

Married couples who share ownership may each qualify for the exemption if both names appear on the deed and the property serves as their shared permanent residence. If one spouse claims residency in another state, however, the exemption may be denied.

Non-Citizen Residents

Permanent residents of the United States (green card holders) who live in Florida full-time can qualify for the exemption. Temporary visa holders or seasonal residents generally do not meet the requirement for permanent residency.

Documents Commonly Required

Each county may have slightly different documentation requirements, but most Florida property appraisers request the following when you apply:

• Florida driver’s license or Florida ID showing the property address
• Voter registration card (if registered to vote)
• Florida vehicle registration
• Recorded deed or property tax bill showing ownership
• Declaration of domicile (if applicable)
• Permanent resident card (for non-U.S. citizens)

Additional documentation may be required for applicants who own through a trust or have unique circumstances. Always check with your local property appraiser for the exact list of documents needed in your county.

Maintaining Eligibility

Once you receive the homestead exemption, it renews automatically each year as long as you continue to live in the home as your permanent residence. You must notify the property appraiser if any of the following occur:

• You move or change your primary residence
• You rent out the property for extended periods
• Ownership changes due to marriage, divorce, or inheritance
• You claim residency or an exemption in another state

Failure to notify the property appraiser of ineligibility can result in penalties, repayment of past tax savings, and loss of future benefits.

Local Application Links

Homeowners in our region can apply directly with their county property appraiser’s office:

• Manatee County Property Appraiser: www.manateepao.gov/homestead
• Sarasota County Property Appraiser: www.sc-pa.com
• Pinellas County Property Appraiser: www.pcpao.gov

Why Legal Guidance Can Be Helpful

While the basic qualifications for homestead are straightforward, issues often arise when ownership is held in trusts, when families own multiple properties, or when residency status is uncertain. Reviewing your situation with an attorney can help ensure your property structure and documentation meet Florida’s requirements before filing.

At Barnes Walker, our real estate and estate planning attorneys assist homeowners, families, and Realtors in understanding Florida’s homestead laws and preserving these valuable protections. We ensure that ownership documents and estate plans align with state law so that our clients’ homes remain secure for years to come.

Learn more about the Florida Homestead Exemption here or contact our office for guidance on how to properly structure your property ownership to meet Florida’s homestead eligibility requirements.

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What to know from this.

• To qualify, you must own and occupy your Florida property as your permanent residence as of January 1.
• Only one homestead exemption is allowed per individual or family unit.
• Ownership through a trust is permitted if the trust language preserves homestead rights.
• Applications are filed with your county property appraiser by March 1 each year.
• Maintaining accurate residency records helps ensure continued eligibility and compliance with Florida law.