Understanding Your Benefits as a FL Homeowner:
What is a Homestead Property in Florida?
A homestead property in Florida is a primary residence that qualifies for special legal protections and tax benefits under the state's homestead exemption laws. To be classified as a homestead, the property must be the homeowner’s permanent residence as of January 1 of the tax year. Homestead properties are eligible for the Florida Homestead Exemption, which reduces the property's taxable value, lowering property taxes. Homestead properties in Florida are also protected from forced sale by creditors, except in cases like unpaid property taxes or mortgages. Only homestead properties in Florida are eligible for the Save Our Homes (SOH) tax benefit under the Save Our Homes Amendment.
What is the Save Our Homes (SOH) Amendment?
The Save Our Homes (SOH) amendment to the Florida constitution was enacted in 1995. It provides a tax benefit by limiting an increase in the assessed value of a homestead property to 3% annually or a change in the Consumer Price Index (CPI), whichever is lower. This cap helps protect homeowners from sudden spikes in property taxes as market values rise. The difference between the market value and the capped assessed value creates the SOH benefit, which can be transferred to a new property using portability.
What is Portability?
Introduced in 2008, portability works in conjunction with the Save Our Homes (SOH) amendment by allowing homeowners to transfer the tax savings accumulated from the SOH cap to a new homestead. When you move to a new home, portability lets you transfer that SOH benefit (the difference between the market value and capped assessed value), reducing the taxable value of your new property. The portability law enables homeowners to carry these tax benefits from one Florida homestead to another, provided they meet eligibility requirements.
How to File for the Florida Homestead Exemption & Portability:
Step 1: Determine Your Eligibility
Homestead Exemption:
- You must own and occupy the home as your primary residence as of January 1st of the tax year you’re applying for.
- You need to establish residency and provide the required documents to prove it.
Portability:
- You must have had a homestead exemption on your previous Florida home.
- You must establish a new homestead within two years of abandoning your previous homestead.
- If your new home has a market value equal to or greater than your previous home, you can transfer the full SOH benefit.
- If your new home has a lower market value, you can transfer a prorated percentage of the SOH benefit.
- The maximum amount you can transfer is $500,000, based on the difference between the assessed and market values of your previous home.
Step 2: Collect Required Documentation
You’ll need two proofs of residency for each applicant:
- Proof of Ownership (e.g., deed)
- Florida Driver’s License or ID showing your new address
- Florida Voter Registration card (if you’re registered to vote)
- Florida Vehicle Registration
- Social Security Numbers
Step 3: File for Homestead Exemption
- When to File: You can file between January 1st and March 1st of the current year to get the tax benefit for that year. If you miss the deadline, you can pre-file between March 2nd and December 31st for the following year.
- Forms Needed: Complete the Homestead Exemption Application (DR-501) form.
Step 4: File for Portability
- When to File: You must apply for portability within three years of January 1st of the year you sold or abandoned your previous homestead.
- Forms Needed: Complete the Transfer of Homestead Assessment Difference (DR-501T) form alongside your homestead exemption application.
Step 5: Submit Applications
For St. Johns County Residents:
- Online: You may file online through the St. Johns County Property Appraiser's website.
- Mail or In Person: You can print forms DR-501 & DR-501T to mail or drop off at the St. Johns County Property Appraiser Office: 4030 Lewis Speedway, Ste. 203, St. Augustine, FL 32084
If you reside outside of St. Johns County, check with your local county property appraiser to see if you can file online or if it must be done in person.
Step 6: Check for Confirmation
Once submitted, you should receive confirmation that your homestead exemption and portability applications are processed. If there are any issues, the Property Appraiser's Office should notify you.
The Importance of Deadlines:
In Florida, establishing a new homestead and transferring your SOH benefit through portability are two related, but distinct processes with separate deadlines. To qualify for portability, you must establish your new homestead by applying for the homestead exemption within two years of abandoning your previous homestead. This ensures that your new home is eligible to receive the tax savings.
In addition, you have three years from January 1st of the year you abandoned your old homestead to apply for the portability benefit. If you miss this deadline, you forfeit the SOH benefit, meaning your new home will be taxed at its full market value. This could significantly increase your property tax bill, so it's crucial to file both the homestead exemption and the portability forms on time.
Common mistakes include missing the three-year portability deadline or assuming portability is automatic. You must file a separate application for portability in addition to the application for your homestead exemption.
Have more questions? Contact me!
Kevin Howard
Broker Associate | License ID: BK3282548
Broker Associate License ID: BK3282548