CONSTITUTION OF THE STATE OF FLORIDA
SECTION 4. Homestead; exemptions.--
- There shall be exempt from forced sale under process of any
court, and no judgment, decree or execution shall be a lien thereon, except for the
payment of taxes and assessments thereon, obligations contracted for the purchase,
improvement or repair thereof, or obligations contracted for house, field or other labor
performed on the realty, the following property owned by a natural person:
- a homestead, if located outside a municipality, to
the extent of one hundred sixty acres of contiguous land and improvements thereon, which
shall not be reduced without the owner's consent by reason of subsequent inclusion in a
municipality; or if located within a municipality, to the extent of one-half acre of
contiguous land, upon which the exemption shall be limited to the residence of the owner
or his family;
- personal property to the value of one thousand
- These exemptions shall inure to the surviving
spouse or heirs of the owner.
- The homestead shall not be subject to devise if the
owner is survived by spouse or minor child, except the homestead may be devised to the
owner's spouse if there be no minor child. The owner of homestead real estate, joined by
the spouse if married, may alienate the homestead by mortgage, sale or gift and, if
married, may by deed transfer the title to an estate by the entirety with the spouse. If
the owner or spouse is incompetent, the method of alienation or encumbrance shall be as
provided by law.
History.--Am. H.J.R. 4324, 1972; adopted 1972; Am.
H.J.R. 40, 1983; adopted 1984.