CRC - 2017                                                  P 17
       
       
        
       By Commissioner Gaetz
       
       gaetzd-00019-17                                         201717__
    1                         A proposal to amend                       
    2         Section 4 of Article X of the State Constitution to
    3         create exceptions to the homestead exemption from
    4         creditor claims.
    5          
    6  Be It Proposed by the Constitution Revision Commission of
    7  Florida:
    8  
    9         Section 4 of Article X of the State Constitution is amended
   10  to read:
   11                              ARTICLE X                            
   12                            MISCELLANEOUS                          
   13         SECTION 4. Homestead; exemptions.—
   14         (a) There shall be exempt from forced sale under process of
   15  any court, and no judgment, decree or execution shall be a lien
   16  thereon, except for the payment of taxes and assessments
   17  thereon, obligations contracted for the purchase, improvement or
   18  repair thereof, or obligations contracted for house, field or
   19  other labor performed on the realty, the following property
   20  owned by a natural person:
   21         (1) a homestead, if located outside a municipality, to the
   22  extent of one hundred sixty acres of contiguous land and
   23  improvements thereon, which shall not be reduced without the
   24  owner’s consent by reason of subsequent inclusion in a
   25  municipality; or if located within a municipality, to the extent
   26  of one-half acre of contiguous land, upon which the exemption
   27  shall be limited to the residence of the owner or the owner’s
   28  family;
   29         (2) personal property to the value of one thousand dollars.
   30         (b) These exemptions shall inure to the surviving spouse or
   31  heirs of the owner.
   32         (c) The homestead shall not be subject to devise if the
   33  owner is survived by spouse or minor child, except the homestead
   34  may be devised to the owner’s spouse if there be no minor child.
   35  The owner of homestead real estate, joined by the spouse if
   36  married, may alienate the homestead by mortgage, sale or gift
   37  and, if married, may by deed transfer the title to an estate by
   38  the entirety with the spouse. If the owner or spouse is
   39  incompetent, the method of alienation or encumbrance shall be as
   40  provided by law.
   41         (d) Notwithstanding subsection (a), a homestead is not
   42  exempt from creditor claims if an owner:
   43         (1) Obtained the homestead using the proceeds from a
   44  fraudulent or dishonest act; or
   45         (2) Caused the creditor’s damages or losses by an
   46  intentional criminal or fraudulent act.
   47  
   48  The legislature may enact implementing legislation consistent
   49  with the purposes of subsection (d), and such legislation may
   50  include, but is not limited to, limitations periods and
   51  protections for an innocent spouse or dependents.