The term “homestead” is used in two other contexts in the Florida
Constitution. First, it is used to define property that is protected from forced
sale by creditors under article X, section 4(a)-(b) of the Florida Constitution.
Second, it is used in the context of devise and descent in article X, section 4(c).
The definition of “homestead” in those two contexts is distinct from that term’s
definition in the context of property taxation. See Phillips v. Hirshon, 958 So. 2d
425, 427 n.3 (Fla. 3d DCA 2007) (“It is well appreciated in the case law
concerning homestead that the definition of homestead property for Article VII,
section 6 purposes is not the same as Article X, section 4 of the Florida
Constitution.”); see also Crain v. Putnam, 687 So. 2d 1325, 1326 (Fla. 4th DCA
1997) (“We recognize that the homestead provisions found in Article VII and
Article X of our constitution are separate and distinct, and principles relating to
one do not necessarily govern the other.”).
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
KARAYIANNAKIS v. NIKOLITS
[December 9, 2009]