Portability Questions

Understanding the "Portability"

Q: What is portability?

A: Since 1994, property owners who have Homestead Exemption have had increases in their annual assessments capped at a maximum of 3% or the Consumer Price Index, whichever is lower. This Assessment Limitation, known as Save Our Homes Exempt Value has resulted in significant tax savings to homeowners. The value of the cap is the difference between the market value of the property and the assessment limitation resulting in Save Our Homes. Under the Portability provision of the new law, homeowners can now transfer (port) up to $500,000 of the accumulated savings to their next homesteaded property.

Q: When did Portability go into effect?

A: Portability went into effect for the 2008 tax year.

Q: Will I be able to transfer my entire Save Our Homes (SOH) exempt value from my previous home to my new home?

A: Portability allows for the transfer of up to $500,000 of SOH exempt value. If the new residence has a higher market value than the previous residence, as determined by the property appraiser, then all of the SOH exempt value up to $500,000 may be transferred. If the new residence has a lower market value than the previous residence, a percentage of your SOH may be transferred.

Q: Do I have to sell my home before I can qualify for portability?

A: No, you only need to abandon your existing homestead, meaning you may still own the property but no longer receive a homestead exemption on the property for the year you are attempting to get portability.

Q: When and how do I apply for portability?

A: You apply for portability when you apply for the homestead exemption on your new property. There is a separate application for portability in addition to the homestead application.

Q: What information is required when applying for portability?

A: Required information on this form includes the date that the previous homestead was sold or no longer used as a homestead, the address and parcel identification number of the previous homestead, a list of all other owners of the previous homestead and if any still live at the previous homestead.

Q: Can I also apply for additional exemptions such as widow/widowers, disability or senior exemption if I have portability?

A: Yes. You still can apply and receive any additional exemption for which you are qualified.

Q: How is the Save Our Homes exempt value calculated?

A: The amount of the SOH exempt value is the difference between your market value and your assessed value. The amount of the SOH exempt value can vary from year to year depending on the yearly market value of your property.

Q: What information will the property appraiser in the county where the new homestead is located rely on to calculate and grant portability?

A: Certified market and assessed values of the new and previous homesteaded properties are used to determine portability amounts.

Q: How do I know how much SOH Exempt Value I have to transfer or carry to my new homestead?

A: The amount of the SOH Exempt Value you can carry to your new homestead depends on whether you buy a higher valued property or buy a lower valued property. The exact amount will be determined after you file for homestead on your new residence.

Q: If I had homestead on my previous property as of January 1, 2023 and sold the homestead in 2023, how long do I have to qualify for portability?

A: The amendment states that the SOH exempt value must be transferred within three tax years. In this instance, you must file and qualify by the 2026 tax year for the homestead exemption (own and occupy as of January 1, 2026) in order to transfer all or part of the 2023 SOH exempt value.

Q: I sold my home last year and just found out that my SOH Exempt Value was less than I thought it would be. Can I appeal last year's value to increase my SOH Exempt Value amount?

A: No, Florida Statute 194.011(6)(b) specifically precludes a taxpayer from petitioning to have the Market, Assessed, or Taxable value of the previous homestead changed.

Q: Do I have to purchase a new property to get the Portability benefit?

A: No. You can transfer the SOH exempt value to another property you purchased in a previous year.

Q: I have filed and qualified for a 2024 homestead exemption and see that the 2023 SOH exempt value from my previous homestead is less than the 2022 SOH exempt value. Do I get to choose which SOH amount to port to the new homestead? And why is it less in 2023?

A: No, the most recent SOH amount will be transferred. The SOH amount is the difference between the market value and the assessed value. So if the market value decreased and the assessed value increased 3% through the recapture provision in the Florida Constitution, the difference between the two values will be reduced.

Q: My fiancé and I are purchasing a home together and we both have separate homesteads now. Can we use Portability to bring both of our SOH exempt value amounts to our new home?

A: The new legislation allows you to bring the higher of the two SOH exempt value amounts, but not both. You should both file a portability application and our office will determine which amount is higher.

Q: Is there any difference in applying portability provisions for homestead (either current or previous) when the property is held as joint tenants with right of survivorship, tenants in entirety (husband & wife) or tenants in common?

A: Yes. In situations where the title of the previous homestead contains specific ownership shares (tenants in common), each owner's share of the SOH exempt value is proportional to his/her ownership share in the property. When the title does not contain specific ownership shares (joint tenants or tenants in entirety), the SOH exempt value is divided equally by the number of owners who received the homestead exemption on the property. The only exception is when all the owners of the previous homestead jointly establish a new homestead with no additional owners, in which case the entire SOH exempt value, up to a maximum of $500,000, may be transferred, subject to a higher or lower market value of the new property.

Q: I am newly married and my spouse is moving into my existing homesteaded property. He has a larger SOH exempt value amount on his former residence than I do on my present one. Can he bring his SOH exempt value to my homestead?

A: If he is on title on your parcel (part-owner) and he applies for and receives homestead, he can bring his SOH exempt value amount with him, but you would have to abandon your homestead and re-apply. This would essentially replace your existing SOH exempt value with his higher SOH exempt value amount.

Q: The previous home was in the wife's name and the new residence is owned by both husband and wife, do they qualify for portability?

A: Yes, the amendment requires that the owner of the previous homesteaded property also own the new homesteaded property.

Q: I owned a property with my ex-husband. I was awarded the house in the divorce. I sold it and purchased a new home that I will homestead. My ex-husband also purchased a new home that he will homestead. Since I was awarded the house in the divorce, is my ex-husband entitled to any of the former SOH exempt value? And, how will the portability amount be split or divided between our new homesteads?

A: The new legislation requires that the portability amount be divided equally among the owners of the prior homesteaded property. Your husband would be entitled to half of the SOH exempt value from the former residence. Timing could be an issue, contact our office for clarification.

Q: Is there any provision of law that would allow the transfer of a homestead assessment limitation difference when one or more owners remain in the previous homestead?

A: Yes. Florida Statute allows an owner of a homestead to abandon the homestead and reestablish the property as a new homestead even though it remains his or her primary residence by notifying the property appraiser of the county where the homestead is located. This provision allows owners who no longer live at the previous homestead to transfer their share of SOH exempt value and for the owners who remain in the previous homestead to transfer back in their share of the SOH exempt value as the next January 1, if the owner still residing at the previous homestead voluntarily abandons the homestead. If this occurs, the previous homestead must be reassessed at full market value on January 1 and the owner remaining must reapply for homestead exemption and apply to for their share of the SOH exempt value to be reapplied to the homestead.

Q: If two people abandon a jointly owned homestead with an SOH exempt value greater than $500,000 and move to two separate homesteads, can they transfer their proportionate share of the previous SOH exempt value as long as their individual share in not greater than $500,000?

A: No. The total reduction in market value for all new homesteads established by the owners of a single previous homestead may not exceed $500,000. Therefore, the maximum SOH exempt value that could be transferred by two previous joint owners of a single homestead establishing different homesteads is $250,000 each.

Q: If the previous homestead is qualified for both a homestead exemption and an agricultural classified use assessment, how is the amount of transfer to be calculated?

A: The amount eligible for transfer is equal to the reduction in value due to the SOH exempt value. Therefore, the difference eligible for transfer is equal to the difference between market and assessed value on the homestead portion of the property.

Examples of Portability Calculations