Misc Provisions Flashcards
What is the official language of the state?
English
The legislature cannot take action on any proposed amendment to the U.S. Constitution until:
a majority of the members of the legislature were elected after the proposed amendment was submitted for ratification
Homestead Exemption provides that a homestead is exempt from:
forced sale
How much of personal property is also exempted from forced sale?
Up to $1,000
The homestead exemption is liberally construed:
to protect a homeowner and to maintain the property
Under Florida law, the exemption of a homestead from seizure and sale is treated differently:
than the $25,000 exemption of the homestead appraisal reduction from taxation. A homestead for tax purposes does not necessarily imply that a homestead is exempt from seizure and sale.
For homestead exemption to apply:
1) Legal or equitable ownership interest must be in place (fee simple title is not required)
2) the homestead must be located in Florida
3) the maximum size of the homestead depends on the location
- -If located outside a municipality, a homestead is 160 acres or less of contiguous land and the improvements on the land
- -if located in a municipality, a homestead is one-half acre or less of contiguous land and the improvements on the land
The size of a homestead will not be reduced by subsequent inclusion in municipal boundaries unless:
1) the owner agrees to the reduction; or
2) the owner sells or transfers the land
Homestead exemption generally protects the homestead against mos creditors, but there are three exceptions for Super Creditors:
1) Payment of taxes and assessments on the property;
2) Debt arising out of purchase of the property, improvement, or repair (i.e., mortgage)
3) Any work that arises out of a contract for house, field, or other labor performed on the property (i.e., swimming pool - construction or mechanic’s lien)
The homestead exemption does not apply to:
jointly held property
A homestead cannot be devised if the owner is:
survived by a spouse or minor child.
If the decedent dies intestate or makes an invalid attempt to devise the homestead, general law provisions require:
a life estate to be created in the surviving spouse, with the minor children taking a vested remainder interest.
If no minor children exist at the time of death, the surviving spouse will take fee simple interest in the homestead
If the decedent devises a 100% fee simple to the surviving spouse, the descendants get nothing from the homestead.
How can a transfer of the homestead occur:
1) Mortgage
2) Sale or gift; and
3) If married, into an estate by the entirety with the spouse.
Any transfer of real property must be joined by the spouse of the owner
Net proceeds from lotteries are used:
for costs of the state education system
Smoking is prohibited:
in enclosed indoor workplaces to protect against secondhand smoke. This does not include:
1) private residence
2) retail tobacco shops
3) designated smoking guests rooms at hotels; and
4) stand-alone bars
