Step 1. Determine the number of residential units on the property to calculate the potential maximum exemption.

Why? This establishes the potential maximum amount of homestead exemption.

For example, a single family home represents one living unit; therefore, the maximum homestead exemption allowed is $25,000. A duplex represents two living units with a maximum homestead exemption allowed of $50,000.

Definitions

• residential unit - living unit; the residential structure in which the person claiming the exemption may rightfully and in good faith call his home. See AGO 074-111.

• dwelling house - replaced in the 1968 Florida Constitution by the term "residential unit".

Legal Authority and References

Article VII, Section 6 of the Florida Constitution:

(b) Not more than one exemption shall be allowed any individual or family unit or with respect to any residential unit.

196.031(1) and (5) Florida Statutes:

...no such exemption of more than ($25,000) is allowed to any one person or on any one dwelling house...

...The exemption provided in this section applies only to those parcels classified and assessed as owner-occupied residential property or only to the portion of property so classified and assessed.

Florida Administrative Code, Rule 12D-7.012(1) and (5):

(1) No residential unit shall be entitled to more than one homestead tax exemption.

(5) Property held jointly will support multiple claims for homestead tax exemption; however, only one exemption will be allowed each residential unit...

Practice

Determine the number of residential units and the maximum possible homestead for the following:

• A. Five acres of land with three houses and a mobile home.
  Number of residential units =         .

  Maximum possible homestead exemption =$                     .

• B. A 40 unit apartment complex with an owner living in one of the units (classified residential) as his/her personal residence.
  Number of residential units =         .

  Maximum possible homestead exemption =$                     .

What To Do

If zero, stop. If greater than zero, go to step 2.