|
| Declare a Homestead, Save our Homes Act, in Marco Island, FL
Marco Island Homepage: Real Estate Homepage |
|
In a case which may open a pandora’s box the Florida Fourth District Court of Appeals took a very liberal position when it came to applying for the Save Our Homes Assessment Cap. For individuals who qualified but failed to apply for the homestead exemption, they may wish to reevaluate their tax bill.
The facts were quite simple. The Powell’s, Florida residents, purchased their home in 1990 and continuously occupied the property as their primary residence. When they received notice in the fall of 2001 their taxes would jump $10,000.00 in one year they immediately applied for and were granted a homestead exemption for the year 2001.
After receiving the exemption they immediately filed suit against the County Marco Island Home Appraiser, Tax Collector and State Department of Revenue for failure to apply the Save Our Homes Assessment Cap during their period of ownership.
The homeowners claimed that the cap applies to persons “entitled to” a homestead exemption and they claimed that they were entitled to the cap retroactively from the time they bought the home, since they had continuously been Florida residents even though they never filed papers. The state claimed “you snooze….you lose”. The trial court agreed with the state.
Ironically, on appeal the Fourth District Court held that entitlement to a homestead exemption for the purpose of capping property values is not limited to those who actually applied for and were granted a homestead exemption, but rather extends to those who can prove they had previously qualified and therefore are entitled to the valuation cap. For further details see Powell v. Markham 847 So. 2d 1105 (FLA 4th DCA 2003).
If you have any questions, please e-mail Atty. Ron Webster at: www.ronwebster.com.
[ ..More About Marco Island Declare a Homestead, Save our Homes Act, ]
|
|
Equal Housing Opportunity - Marco Island Real Estate ©2003 All Rights Reserved - Privacy Statement
