Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 196.061 | Lawyer Caselaw & Research
F.S. 196.061 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 196.061

The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE
Chapter 196
EXEMPTION
View Entire Chapter
F.S. 196.061
196.061 Rental of homestead to constitute abandonment.
(1) The rental of all or substantially all of a dwelling previously claimed to be a homestead for tax purposes shall constitute the abandonment of such dwelling as a homestead, and the abandonment continues until the dwelling is physically occupied by the owner. However, such abandonment of the homestead after January 1 of any year does not affect the homestead exemption for tax purposes for that particular year unless the property is rented for more than 30 days per calendar year for 2 consecutive years.
(2) This section does not apply to a member of the Armed Forces of the United States whose service is the result of a mandatory obligation imposed by the federal Selective Service Act or who volunteers for service as a member of the Armed Forces of the United States. Moreover, valid military orders transferring such member are sufficient to maintain permanent residence for the purpose of s. 196.015 for the member and his or her spouse.
History.s. 1, ch. 59-270; s. 1, ch. 67-459; ss. 1, 2, ch. 69-55; s. 5, ch. 95-404; s. 8, ch. 96-397; s. 3, ch. 2010-182; s. 18, ch. 2012-193; s. 1, ch. 2013-64.
Note.Former s. 192.141.

F.S. 196.061 on Google Scholar

F.S. 196.061 on Casetext

Amendments to 196.061


Arrestable Offenses / Crimes under Fla. Stat. 196.061
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 196.061.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MITCHELL, v. HIGGS,, 61 So. 3d 1152 (Fla. Dist. Ct. App. 2011)

. . . Under section 196.061, Florida Statutes (2005), the rental of an entire dwelling claimed to be a homestead . . .

ZIVITZ, v. ZIVITZ P. A., 16 So. 3d 841 (Fla. Dist. Ct. App. 2009)

. . . Cannody, 1 So.3d 1133 (Fla. 1st DCA 2009) (concluding that pursuant to section 196.061, Florida Statutes . . .

HADDOCK, v. W. CARMODY, J. K., 1 So. 3d 1133 (Fla. Dist. Ct. App. 2009)

. . . Appellants challenge the trial court’s final judgment finding section 196.061, Florida Statutes (2006 . . . Because we find the trial court erred in finding section 196.061, Florida Statutes, unconstitutional . . . Further, we hold that, under section 196.061, Florida Statutes, Appellees rented their entire dwelling . . . At issue is the application of section 196.061, Florida Statutes, which states in part: 196.061 Rental . . . The application of section 196.061 hinges on the term “entire dwelling.” . . .

In BETANCOURT a k a, 154 B.R. 90 (Bankr. S.D. Fla. 1993)

. . . homestead exemption as set forth in Florida Constitution Article X section 4 and Florida Statute § 196.061 . . . The Trustee also relies on Florida Statute § 196.061, a Taxation and Finance statute which caption reads . . . The Trustee’s objection is also based on Florida Statute § 196.061 and a simple reading in the classical . . . Justice Scalia manner of the caption of § 196.061, Rental of Homestead to Constitute Abandonment. . . . Florida Statute § 196.061 does not apply to the bankruptcy exemption but rather it is directed to the . . .

STATE v. PARRISH, 567 So. 2d 461 (Fla. Dist. Ct. App. 1990)

. . . Section 196.061, Florida Statutes, generally known as the “rental abandonment statute,” provides that . . . Subsequently, the property appraiser relied on the rental abandonment statute, section 196.061, Florida . . . discovered the Parrish infraction were supporters of and ■contributors to Brand’s political campaign. . § 196.061 . . .