## Facts

- Horace Davis owned a tract of less than 160 acres of contiguous real property in an unincorporated area of Nassau County, Florida.
- Horace and his wife, Carolyn Davis, lived in a home located on part of the tract.
- On a separate portion of the same contiguous tract, Horace operated a rental mobile-home park.
- Horace died testate on August 17, 2000, survived by Carolyn.
- In probate, Carolyn petitioned to have the entire tract and improvements declared homestead under article X, section 4 of the Florida Constitution, which would restrict devise and control descent.
- The estate’s personal representative conceded the residential portion was homestead but argued the mobile-home-park portion was excluded because it was income-producing and separate from the residence.
- The probate court ruled the mobile-home-park portion was not homestead, and Carolyn appealed.

## Issues

1. Whether a Florida homestead outside a municipality, limited to 160 acres of contiguous land, can include improvements and land separate from the owner’s residence, including an income-producing mobile-home park, for purposes of devise and descent.

## Decision

- The First District Court of Appeal reversed the probate court’s order and remanded.
- The court held that a rural homestead outside a municipality consisting of no more than 160 acres of contiguous land may include portions separate from the residence, even if used to generate rental income.
- Because the property qualified as homestead, any inconsistent devise was ineffective, and descent was governed by Florida homestead-descent law.

## Legal Principles

- For homestead outside a municipality, the Florida Constitution protects up to 160 acres of contiguous land and improvements; it does not limit the exemption to the residence area.
- The constitutional clause limiting the exemption to the “residence of the owner or his family” applies to municipal homesteads and does not restrict rural homesteads defined by acreage and contiguity.
- When the owner is survived by a spouse or minor child, homestead is not subject to devise, and it descends under section 732.401(1), including a life estate for the surviving spouse with remainder to qualifying descendants.

## Conclusion

A rural Florida homestead under the 160-acre contiguous-land limit may include an income-producing portion of the tract separate from the residence, and treating the entire tract as homestead can invalidate contrary devises and require descent under the homestead statute.


Davis v. Davis, 864 So. 2d 458 (Fla. Dist. Ct. App. 1st Dist. 2003)