Florida Homestead Exemptions and Devise of Property, Amendment 5 (1972)

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The Florida Homestead Exemptions and Devise of Property Amendment, also known as Amendment 5, was a legislatively-referred constitutional amendment on the November 7, 1972 ballot in Florida, where it was approved.

This amendment modified Article X, Section 4 of the Florida Constitution to clarify language allowing for the willing of property to a spouse if there is no minor child.[1][2]

Election results

Florida Amendment 5 (1972)
ResultVotesPercentage
Approveda Yes 1,137,725 67.20%
No555,42632.80%

Election results via: ICPSR

Text of measure

The language that appeared on the ballot:

No. 5

CONSTITUTIONAL AMENDMENT

ARTICLE X, SECTION 4

Homestead exemptions – Proposing an amendment to Article X, Section 4 of the Florida State Constitution; providing for the devise of the homestead if there is no minor child.[1][3]

Constitutional changes

Section 4. Homestead; Exemptions.

(a) 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 the head of a family:

(1) 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; 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;

(2) personal property to the value of one thousand dollars.

(b) These exemptions shall inure to the surviving spouse or heirs of the owner.

(c) 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.[4]

Path to the ballot

  • Previous wording of the section created legal confusion because it prevented willing of property if there was a surviving spouse or minor child.
  • The amendment was referred to by the legislature as a "house keeping" amendment.[5][6]

See also

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Suggest a link

External links

References

  1. 1.0 1.1 Sarasota Herald-Tribune, "Sample Ballot," November 6, 1972
  2. REFERENDA AND PRIMARY ELECTION MATERIALS [Computer file]. ICPSR ed. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [producer and distributor], 1995. doi:10.3886/ICPSR00006.v1
  3. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  4. Florida Constitutional Revision Commission, "Amendments, Election of 11-7-72"
  5. The Evening Independent, "Amendments, Referendums On Nov. 7 Ballot," November 4, 1972
  6. Daytona Beach Morning Journal, "Apathy Said Only Block To Florida Referendums," October 22, 1972