Public Health Tr. of Dade Cty. v. Lopez

531 So. 2d 946
CourtSupreme Court of Florida
DecidedJune 9, 1988
Docket70968, 71618
StatusPublished
Cited by72 cases

This text of 531 So. 2d 946 (Public Health Tr. of Dade Cty. v. Lopez) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Health Tr. of Dade Cty. v. Lopez, 531 So. 2d 946 (Fla. 1988).

Opinion

531 So.2d 946 (1988)

PUBLIC HEALTH TRUST OF DADE COUNTY, Petitioner,
v.
Jorge LOPEZ, Respondent.
In re the ESTATE OF Helen V. TAYLOR, Deceased.
Mary Helen HINES and Cynthia Whidden, As Personal Representatives of the Estate of Helen V. Taylor, Deceased, Petitioners,
v.
GESSLER CLINIC, P.A., and Winter Haven Hospital, Respondents.

Nos. 70968, 71618.

Supreme Court of Florida.

June 9, 1988.
Rehearing Denied August 30, 1988.

Robert A. Ginsburg, Dade County Atty., and Shepard J. Nevel, Asst. County Atty., Miami, for Public Health Trust of Dade County.

John W. Frost, II and Hank B. Campbell of Frost & Purcell, P.A., Bartow, and Andrew P. Trakas of Andrew P. Trakas, P.A., *947 Winter Haven, for Mary Helen Hines and Cynthia Whidden.

Gerald Forman of Gerald Forman, P.A., Miami, for Jorge Lopez.

Rex P. Cowan of Kalogridis & Cowan, Winter Haven, for Gessler Clinic, P.A., and Winter Haven Hosp.

BARKETT, Justice.

We review the conflicting decisions of Lopez v. Public Health Trust of Dade County, 509 So.2d 1286 (Fla. 3d DCA 1987), and In re Estate of Taylor, 516 So.2d 322 (Fla. 2d DCA 1987). In so doing, we answer in the affirmative the following question posed in Lopez:

Whether article X, section 4 of the Constitution of Florida, as amended, serves to exempt a decedent's homestead property from forced sale for the benefit of the decedent's creditors, where the decedent is not survived by a dependent spouse or children?[1]

We have jurisdiction. Art. V, §§ 3(b)(3) and (4), Fla. Const.

The principal facts are not in dispute. In Lopez, the decedent homeowner, Nereida Lopez, at the time of her death, was residing in the home with her three adult children. The decedent's personal representatives petitioned the probate court to have the property set aside as homestead under article X, section 4 of the Florida Constitution.[2] The petition was opposed by Public Health Trust, to whom the decedent was indebted. The trial court denied the petition based upon its finding that the decedent's heirs, her three adult children, were not dependent on her at the time of her death.

Similarly, in Hines, the homeowner, Helen Taylor, at the time of her death, was single and residing in the home she had acquired from her divorced husband. She died intestate, survived by four adult, nondependent children who lived elsewhere. Here, too, the probate court denied the personal representatives' petition to have the home set aside as exempt from the decedent's creditors, Gessler Clinic and Winter Haven Hospital.

On appeal, the Third District reversed in Lopez, concluding that the homestead exemption inures to the benefit of the decedent's heirs whether or not the heirs were dependent on the decedent. Conversely, in Hines, the Second District affirmed the lower court, holding that the residence of a single person who is not survived by a spouse or dependent family members is not exempt from the decedent's creditors.

On this appeal, Public Health Trust, Gessler Clinic, and Winter Haven Hospital ("creditors") argue that article X, section 4(b), extending the homestead exemption to the "surviving spouse or heirs of the owner," must be construed to apply only to minor or dependent heirs. To support this interpretation, the creditors assert that under prior case law,[3] Florida's homestead exemption was not available to adult heirs of a decedent unless the heirs had been *948 dependent on the decedent. They point to the history of the 1985 amendment as evidence that the legislature never intended to eliminate this requirement. The creditors also argue that a literal interpretation of section 4(b) would provide a windfall for financially independent heirs at the expense of the decedent's creditors, distorting the historical purpose of homestead laws to protect dependents in need of shelter.

In addition, Public Health Trust questions whether the amended provision protects the homes of all single persons and suggests that it applies only to those single persons who are surviving widows or divorced parents.

The personal representatives, on the other hand, argue that the language of the homestead exemption is clear and unambiguous; that the cases relied upon by the creditors are inapposite; and that the precise question presented already has been answered in their favor in Miller v. Finegan, 26 Fla. 29, 7 So. 140 (1890); Scull v. Beatty, 27 Fla. 426, 9 So. 4 (1891); and Cumberland & Liberty Mills v. Keggin, 139 Fla. 133, 190 So. 492 (1939).

For the reasons advanced by the personal representatives, we reject the creditors' position. For over a century, Florida has by constitutional provision made the homeplace exempt from the claims of creditors. See Baker v. State, 17 Fla. 406 (1879) (construing homestead provision of the Florida Constitution of 1868). As a matter of public policy, the purpose of the homestead exemption is to promote the stability and welfare of the state by securing to the householder a home, so that the homeowner and his or her heirs may live beyond the reach of financial misfortune and the demands of creditors who have given credit under such law. See Bigelow v. Dunphe, 143 Fla. 603, 197 So. 328 (1940).

Until 1985, the homestead protection was limited to those persons who qualified under the constitutionally designated term "head of a family." See art. X, § 4, Fla. Const. (1983). In 1984, however, the people of Florida approved an amendment changing the term "head of a family" to "a natural person." The amendment thus expanded the class of persons who can take advantage of the homestead provision and its protections.

As an initial matter, we reject Public Health Trust's suggestion that "natural person," when applied to single persons, means only widows and divorced parents. Such an interpretation is contrary to the language, logic and history of the amendment. As Representative Hawkins, who sponsored the amendment in the House of Representatives, explained, the purpose of the revision was "to give protection against forced sale for the homestead of a single person, a divorced person, any person who has a homestead, rather than just a head of a family." House Judiciary Full Committee Meeting, March 29, 1983.

The 1985 amendment thus made the homestead protection available to any natural person. Accordingly, the property and residences in question clearly fit within the definition of "homestead" under section 4(a)(1), as amended.

We turn then to the principal issue before us, the meaning and application of article X, section 4(b). The language of this provision is indeed plain and unambiguous. As the district court in Lopez noted:

The amended section serves to exempt all homestead property from forced sale for the benefit of the decedent's heirs, regardless of whether the decedent was the head of a household prior to his or her death. As such, whether the decedent had dependent heirs at the time of her death is immaterial under the new amendment. Once it was established that the decedent owned and resided in the property at the time of her death, her estate was entitled to have the property set aside as homestead.

509 So.2d at 1286-87 (citations omitted).

As the creditors themselves point out, legislative intent controls construction of statutes in Florida.[4] Moreover, "that intent *949 is determined primarily from the language of the statute [and]...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Benzo Elias Rudnikas v. Mercedes Gisela Gonzalez
District Court of Appeal of Florida, 2024
Cohen v. Kellogg
M.D. Florida, 2021
In re Carpenter
559 B.R. 551 (D. Rhode Island, 2016)
Dr. Ross G. Stone v. Nancy Stone and Alma Stone
157 So. 3d 295 (District Court of Appeal of Florida, 2014)
GRISOLIA v. Pfeffer
77 So. 3d 732 (District Court of Appeal of Florida, 2011)
Beltran v. Kalb
63 So. 3d 783 (District Court of Appeal of Florida, 2011)
In Re Tetreault
11 A.3d 635 (Supreme Court of Rhode Island, 2011)
Boren v. SunTrust Bank
46 So. 3d 1156 (District Court of Appeal of Florida, 2010)
Florida Hurricane Protection & Awning, Inc. v. Pastina
43 So. 3d 893 (District Court of Appeal of Florida, 2010)
Quiroga v. Citizens Property Insurance Corp.
34 So. 3d 101 (District Court of Appeal of Florida, 2010)
Estate of Shefner v. Shefner-Holden
2 So. 3d 1076 (District Court of Appeal of Florida, 2009)
Whitney v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE
992 So. 2d 412 (District Court of Appeal of Florida, 2008)
Cutler v. Cutler
994 So. 2d 341 (District Court of Appeal of Florida, 2008)
Sass v. Sass
988 So. 2d 1135 (District Court of Appeal of Florida, 2008)
Chames v. DeMayo
972 So. 2d 850 (Supreme Court of Florida, 2007)
Coy v. MANGO BAY PROPERTY AND INVESTMENTS
963 So. 2d 873 (District Court of Appeal of Florida, 2007)
Advisory Opin. to Governor Re Jud. Vacancy
940 So. 2d 1090 (Supreme Court of Florida, 2006)
In Re Rasmussen
349 B.R. 747 (M.D. Florida, 2006)
McKean v. Warburton
919 So. 2d 341 (Supreme Court of Florida, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
531 So. 2d 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-health-tr-of-dade-cty-v-lopez-fla-1988.