Alabamians sue Florida over homestead exemption

Does this suit have legs? Can it gather any momentum? I certainly hope so. But realistically, I'm very doubtful. At least it brings the issue to the forefront and may lead to future legislation that attempts to level the playing field. Note the statement from City Manager Greg Kisela noting 75% of ad valorem taxes are generated from non-homesteaded properties...yes that's 75 PERCENT!! I know I've paid my share. Something should be done to address the issue for non-resident owners bearing the brunt of the tax windfall that resulted, particularly over the last handful of years. Here's the story...

Four Alabama residents are suing Destin, Walton County and Florida Gov. Charlie Crist, charging that Florida's homestead property-tax exemption discriminates against out-of-staters. The four plaintiffs in the suit say the homestead exemption -that property assessments can't rise more than 3 percent a year for owners living in their own homes - unfairly discriminates against them. Their solution:

Calculate their past four years of property taxes as if they too had the homestead exemption, then refund any excess they've paid.

Set their future tax bills based on the same principle.

The lawsuit specifically cites Destin, Walton and Okaloosa counties and their school boards along with Crist, but the written filing says it's meant to apply to all other property-tax authorities. It's also intended as a class-action lawsuit, so other owners could sign on. "It could very well have a six or seven-figure impact" if the plaintiffs won, City Manager Greg Kisela said in an interview. "It's really hard to tell when you're generating 75 percent of your ad valorem taxes from non-homestead properties."

Okaloosa County Property Appraiser Pete Smith said that he's been told at least one similar case has been filed in state courts before without success. "I don't think it'll go anywhere," Smith said. Although the suit could affect the entire state, Smith said, Florida's attorney general has chosen not to fight it in court, leaving it up to local governments. Destin's City Council voted last week to hire an attorney. The attorney general, Smith said, "is just going to try to get the governor out of it and just let us defend it."