Eric P. Feichthaler

Dear Mr. Feichthaler:

My family moved here from Ohio in August (great timing with the hurricane), and we want to make sure we get the tax benefits of homestead on our property. Some people have told us we don’t need to worry about this until next year, while others say we had to apply for it within 30 days of moving in. Can you clarify what we need to do?

— Joanne D.

Dear Joanne:

Florida homestead is legendary for its many benefits, namely for property tax savings and protection from creditors. Establishing homestead for your domicile is fairly easy, but deadlines are strict and will not bend.

First, you must complete the purchase of your home and have it in your name by Dec. 31 for homestead savings to apply the following year. The property appraiser will want to see you have a Florida Driver’s license with this address, along with voter registration. Your friend that said you had to apply within 30 days is likely referring to the requirement of changing your driver’s license to a Florida one within 30 days of moving here.

You purchased your home in August, 2022. For the homestead exemption to apply for the next tax bill, issued in September 2023, you need to apply by March 1, 2023, for the homestead exemption. If you are married, both spouses should apply. Generally, a married couple cannot hold two homesteads, in Florida or out of state. Also, keep in mind there may be several exemptions that could apply to your situation, including surviving widow or widowers, disabled individuals, and seniors with low incomes. The property appraiser’s website, which can be accessed at www.leepa.org, contains a wealth of information on the exemptions available. You can also apply for the exemption through this link, which is the most efficient way to apply for the homestead exemption benefits.

Remember, in case you are inclined to rent your property out for any period of time, be warned! Homestead protections can be lost even with a very short term rental.

There are various ways in which homestead benefits can be reduced or eliminated if title is not held properly. A call to the property appraiser or an attorney may be warranted, given the many benefits homestead affords.

I wish you and all of our readers a Merry Christmas, Happy New Year, and a peaceful and joyous holiday season. After a year of incredible challenges, let’s look forward to a “normal” 2023.

Eric P. Feichthaler has lived in Cape Coral for over 35 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as mayor of Cape Coral from 2005-2008, and continues his service to the community through the Cape Coral Caring Center, Cape Coral Museum of History, and Cape Coral Kiwanis. He has been married to his wife, Mary, for over 20 years, and they have four children together. He earned his board certification in Real Estate Law from the Florida Bar. He is AV Preeminent rated by Martindale-Hubbell for professional ethics and legal ability, and is a Supreme Court Certified Circuit Civil Mediator. He can be reached at eric@capecoralattorney.com, or 239-542-4733.

This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.