Amendment 3 changes Florida’s homestead exemption and gives new significance to when a person establishes permanent Florida residence. A five-year example illustrates the difference.
By Staab Law, P.A. | November 7, 2026
Florida voters approved Amendment 3 on November 3, 2026, according to the state’s unofficial election results. The amendment, scheduled to take effect January 1, 2027, makes significant changes to Florida’s homestead property-tax exemption and the assessment limitations applicable to non-homestead property.
For individuals who have recently relocated to Florida, or who are considering doing so before the end of this year, one provision deserves particular attention.
The December 31, 2026 residency requirement
Beginning in 2027, qualifying Florida homeowners who maintained permanent residence in Florida as of December 31, 2026 may receive a homestead exemption of up to $150,000 of assessed value for property taxes other than school district levies. That amount increases to $250,000 in 2028, with adjustments for positive inflation beginning in 2029.
The existing $25,000 exemption applicable to school district taxes remains unchanged.
Importantly, the amendment does not require that an individual own a Florida residence by December 31, 2026 to preserve eligibility for the increased exemption.
Someone who has already established Florida as their permanent home but is presently renting may qualify for the increased exemption when they subsequently acquire a Florida residence and satisfy the applicable homestead requirements.
The distinction is between establishing permanent Florida residence and establishing a qualifying Florida homestead. They are related, but they are not the same thing.
Individuals who do not establish permanent Florida residence until on or after January 1, 2027 are treated differently. They generally begin with a $50,000 exemption for non-school property taxes, subject to the amendment’s inflation adjustments, and become eligible for the larger exemption beginning in the fifth year of receiving the qualifying homestead exemption.
That fifth-year provision is tied to the homestead exemption, not simply to the number of years someone has lived in Florida.
Consider two hypothetical Broward County homeowners. One established permanent Florida residence by December 31, 2026; the other first did so in 2027. Both purchase qualifying residences and first receive a homestead exemption in 2028. Their assumed property values are the same, so the comparison isolates the effect of the domicile date.
A five-year comparison: the same home, two domicile dates
Both properties start with a $1 million market and assessed value on January 1, 2028. Market values are assumed to rise 5% annually. An assumed 2% annual CPI increase limits annual assessed-value growth under Save Our Homes to 2% beginning in 2029.
| Tax year | Market value | Assessed value | Resident by 2026: non-school tax | Resident in 2027: non-school tax | Difference |
| 2028 | $1,000,000 | $1,000,000 | $9,000 | $11,388 | $2,388 |
| 2029 | $1,050,000 | $1,020,000 | $9,180 | $11,616 | $2,436 |
| 2030 | $1,102,500 | $1,040,400 | $9,364 | $11,848 | $2,484 |
| 2031 | $1,157,625 | $1,061,208 | $9,551 | $12,085 | $2,534 |
| 2032 | $1,215,506 | $1,082,432 | $9,742 | $9,742 | $0 |
The modeled difference begins at $2,388 in 2028 and continues through 2031. In 2032 the later resident reaches the fifth year of homestead eligibility and receives the larger exemption. Across 2028–2032, the difference totals approximately $9,842 in non-school property taxes—not a projected difference in total property-tax bills.
The exemptions used in the calculations
The earlier resident starts with the $250,000 exemption in 2028, indexed at an assumed 2% annually from 2029. For the later resident, the $50,000 amount in 2027 becomes $51,000 in 2028 after the assumed first inflation adjustment, then increases until the larger exemption applies in 2032.
| Tax year | Resident by Dec. 31, 2026 | Resident first domiciled in 2027 |
| 2028 | $250,000 | $51,000 |
| 2029 | $255,000 | $52,020 |
| 2030 | $260,100 | $53,060 |
| 2031 | $265,302 | $54,122 |
| 2032 | $270,608 | $270,608 |
Assumptions used in the illustration. Both homes first qualify for homestead in 2028 with a $1 million just and assessed value. Market values appreciate 5% annually, while 2% assumed CPI inflation limits assessed-value growth under Save Our Homes to 2% starting in 2029. A constant 12-mill (1.2%) non-school rate is an illustrative approximation based on Broward County’s 2026 millage table. Inflation also adjusts the two exemption amounts as specified in the amendment. The model excludes school taxes, special and non-ad valorem assessments, other exemptions, portability, changes in ownership or improvements, and future legislative or local changes. Figures are rounded and are not forecasts.
The comparison isolates the December 31 residency distinction. It does not mean that filing papers just before year-end is sufficient to create domicile, and it does not assume that someone becoming a Florida resident during 2027 could qualify for the 2027 homestead exemption. Both hypothetical owners are instead assumed to satisfy the separate January 1 ownership and permanent-residence requirements for the 2028 exemption.
Establishing Florida domicile
For someone moving to Florida from another state, the question of domicile is not new. What Amendment 3 changes is the potential financial significance of when Florida became that individual’s permanent residence.
An individual may maintain more than one residence but generally has only one domicile. Florida law looks to where the individual has established their permanent home, supported by both intention and objective conduct.
A Florida driver’s license, voter registration and a recorded Declaration of Domicile are important considerations. So are the addresses reflected on tax returns, financial accounts, insurance records and other documents.
But no single document necessarily establishes permanent residence.
Other facts may include where the individual’s family resides, where children attend school, where important personal possessions are maintained, the nature of professional and community relationships, and where the individual actually spends time.
This becomes particularly important for individuals who move to Florida while retaining a former residence, business interests or investment real estate in another state.
Those continuing connections do not necessarily prevent Florida from becoming the individual’s permanent domicile. They do, however, require careful consideration of whether the individual’s overall conduct and records consistently support that conclusion.
Establishing Florida domicile also does not, by itself, eliminate potential income-tax obligations or statutory-residency issues in another state.
The separate January 1 homestead requirements
The December 31, 2026 residency provision under Amendment 3 should be distinguished from the existing requirements for claiming a Florida homestead property-tax exemption.
Generally, an individual seeking the exemption for the 2027 tax year must have qualifying legal or beneficial ownership of the property and maintain it as a permanent residence as of January 1, 2027. For the hypothetical owners above, the corresponding qualification date is January 1, 2028, because both are assumed to receive their first homestead exemption in 2028.
In Broward County, the ordinary filing deadline for the 2027 homestead exemption is March 1, 2027. The corresponding timely filing deadline for the 2028 exemption is March 1, 2028.
The manner in which the property is titled deserves consideration as well. Depending on the circumstances, ownership through a trust or other entity may raise questions concerning homestead eligibility, estate planning, marital rights, creditor protection and other matters.
Florida’s property-tax homestead exemption should also be distinguished from the separate constitutional protections concerning creditors and restrictions on the transfer or devise of homestead property.
These issues overlap, but they are not interchangeable.
Changes affecting non-homestead property
Amendment 3 also reduces the annual assessment increase limitation for qualifying non-homestead property from 10% to 5%, beginning in 2027.
This may be relevant to owners of rental properties, second homes and commercial real estate, whether or not they maintain Florida as their permanent residence.
For example, if a qualifying non-homestead property had a prior-year assessed value of $1 million and sufficient growth in its just value, a 5% annual cap would generally limit its next non-school assessment increase to $50,000, rather than the $100,000 possible under a 10% cap. This is a separate provision from the homestead exemptions illustrated above.
The limitation applies to assessments used for non-school property taxes and remains subject to the rules governing changes in ownership, improvements and other applicable adjustments.
It is also separate from Florida’s Save Our Homes limitation applicable to qualifying homestead property, which generally limits annual assessed-value increases to the lesser of 3% or the applicable increase in the Consumer Price Index.
Neither assessment limitation should be confused with a limitation on the amount of the property-tax bill itself.
Practical considerations before year-end
For individuals whose permanent move to Florida is already underway, Amendment 3 makes the December 31, 2026 date particularly relevant.
The underlying domicile analysis, however, remains the same. Executing a Declaration of Domicile, obtaining a Florida driver’s license or changing an address on financial accounts may provide evidence of permanent residence, but those steps should be consistent with the individual’s actual circumstances.
This is especially important where an individual retains meaningful residential, business and investment connections to another state.
The objective is for the person’s conduct, legal documents, financial records and family circumstances, considered together, to support the conclusion that Florida has genuinely become their permanent home.
How Staab Law advises on domicile changes
Staab Law, P.A. counsels individuals and families on the legal and practical steps involved in establishing Florida domicile, including developing and implementing strategies to document a change of domicile and address continuing residential, business and financial connections to other states.
This planning is particularly important for individuals relocating to Florida, which has no individual state income tax, from states that impose significant income taxes, including California, New York, New Jersey and Massachusetts.
A properly planned and documented change of domicile can have substantial tax implications, particularly for individuals with significant income, investments or business interests. However, establishing Florida domicile does not necessarily eliminate tax obligations in a former state. Careful coordination of the legal and tax aspects of the transition is therefore an important part of the planning process.
Selected authorities and official references
• Florida Division of Elections — 2026 General Election, Amendment 3 unofficial returns
• Broward County Property Appraiser, 2026 Final Millage Rates (municipal and school district levies)
• Florida Statutes § 196.015, Permanent residency; factual determination by property appraiser
• Florida Constitution, Article X, § 4, constitutional homestead creditor and devise restrictions • Florida Department of Revenue, Florida individual income tax information