ANCEL ALCIME AND ELUCIA ALCIME, APPELLANTS,
v.
FRANK BYSTROM, AS PROPERTY APPRAISER OF DADE COUNTY, FLORIDA, APPELLEE
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An alien without a permanent visa cannot establish the requisite intention to become a permanent resident of Florida for homestead tax exemption purposes, regardless of length of U.S. or state residence or local employment.
An alien without a permanent visa cannot qualify for homestead tax exemption because he cannot prove the statutory intention to become a permanent resident of the state.
[1] An alien without a permanent visa cannot establish the intention to become a permanent resident of Florida required for homestead tax exemption under Florida Statutes sec…
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Join FLexlaw to unlock all legal intelligenceAncel Alcime, an alien without a permanent visa, had resided in the United States for over twenty years, in Florida for ten years, and had been employ…
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FERGUSON, Judge.
Notwithstanding the fact that Ancel Alcime has resided in the United States for over twenty years, has resided in the State of Florida for ten years, and has been employed in local government for over six years, because he is an alien without a permanent visa, he cannot, under the prevailing interpretation of the applicable statute,1 prove an intention to become a permanent resident of the state for homestead tax exemption purposes. See Juarrero v. McNayr, 157 So. 2d 79 (Fla.1963); cf. Matter of Cooke, 412 So. 2d 340 (Fla.1982) (relying on Juarrero, court ruled that foreigner who does not hold permanent visa cannot be a permanent resident of this state and thus cannot place residence owned in state beyond reach of creditors under homestead exemption from forced sale). Appellants are thus ineligible for a homestead exemption from ad valorem taxes.
Affirmed.
. Section 196.012(16), (17), Florida Statutes (1981) provides:
(16) “Permanent resident” means a person who has established a permanent residence as defined in subsection (17).
(17) “Permanent residence” means that place where a person has his true, fixed, and permanent home and principal establishment to which, whenever absent, he has the intention of returning. A person may have only one permanent residence at a time; and, once a permanent residence is established in a foreign state or country, it is presumed to continue until the person shows that a change has occurred.
Cases With Similar Vibessemantic neighbors from the corpus
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DeQUERVAIN v. Desguin, 927 So. 2d 232 (Fla. 2d DCA 2006)…nce into a permanent home.” Id. at 81. The court held that Mr. Juarrero, a Cuban refugee seeking political asylum, could not legally, rightfully, and in good faith make his Florida residence his permanent home. Id. at 80; see also Alcime v. Bystrom, 451 So. 2d 1037, 1037-38 (Fla. 3d DCA 1984) (holding alien without permanent visa could not prove intention to become permanent resident for homestead tax exemption purposes notwithstanding twenty years of U.S. residence, ten years of Florida residence, and six yea…
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Lisboa v. Dade Cnty. Prop. Appraiser, 705 So. 2d 704 (Fla. 3d DCA 1998)…efinition of “permanent.” The Appraiser first argues that this court is compelled to affirm the lower court’s ruling by the Florida Supreme Court’s decision in Juarrero v. McNayr, 157 So. 2d 79 (Fla.1963), and our own decision in Alcime v. Bystrom, 451 So. 2d 1037 (Fla. 3d DCA 1984). A review of those decisions is necessary. In Juarrero, the Court articulated the controlling question in the case as follows: Can an alien, temporarily absent from his homeland because of political persecution, and residing in…
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DE LA Mora v. Andonie, 51 So. 3d 517 (Fla. 3d DCA 2010)…ary visa “cannot ‘legally,’ ‘rightfully’ or in ‘good faith’ make or declare [himself]” a “permanent resident” of this state for purposes of article VII, section 6(a)); DeQuervain v. Desguin, 927 So. 2d 232, 235 (Fla. 2d DCA 2006); Alcime v. Bystrom, 451 So. 2d 1037, 1037 (Fla. 3d DCA 1984). The Miami-Dade County Property Appraiser administratively denied the application, but that decision was overturned upon petition by the Andonies to the Miami-Dade County Value Adjustment Board. In due course, the Property A…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Juarrero v. Juarrero, 157 So. 2d 79 (Fla. 1963)
- In re Cooke v. Uransky, 412 So. 2d 340 (Fla. 1982)