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Old 14-02-2021, 18:30   #16
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Join Date: May 2004
Location: annapolis
Boat: st francis 44 mk II catamaran
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Re: Florida Homestead Exemption

I'm not sure what the issue is, according the legal precedent that you stated, it was the will of the Florida legislature to broaden the definition of the residence to the maximum extent possible rather than enumerate each type of specific dwelling. Therefore you have stare decisis, established precedent, that the court must follow. Simply finding popularity of living aboard isn't relevant, what is relevant is the ruling and interpretation of the Florida constitution. As it is a Florida constitutional issue, the time that has past since the past interpretation is also irrelevant. The purpose of the law was to prevent a persons only dwelling, whatever that may be, from being seized by a court for the purposes of paying a lien or bankruptcy. Can a live-aboard boat be seized by the government, yes, for a variety of purposes, including being "susceptible" for violating the trading with the enemies act, there is a long history of traditional protections afforded to home owners not applying to boats, but that isn't the issue here. The issue is whether or not your home, which is your boat, is protected from seizure by a bank or court during bankruptcy in Florida, and precedent states the court must interpret the definition of dwelling to the broadest extent possible, even if no one had ever lived on a boat except you.
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