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Supreme Court Asked To Hear Homestead Exemption Dispute

TALLAHASSEE (CBSMiami/NSF) - Pointing to a "far-reaching impact" of the case, attorneys for a Broward County woman are asking the Florida Supreme Court to take up a case that involves a married couple having homestead tax exemptions in two states.

The case involves Venice Endsley, who was married to her husband, Robert, for more than 60 years.

In the 1980s, Venice Endsley signed over her rights to a home in Huntington, Indiana to her husband. In turn, Robert Endsley signed over his rights to a home in Lauderdale-By-The-Sea to his wife.

Venice Endsley had a homestead exemption on the Florida home, while her husband received a similar exemption on the Indiana home.

The Broward County property appraiser learned of the arrangement in 2006 which led to a legal dispute.

The 4th District Court of Appeal in March ruled that the Florida Constitution only allowed one homestead exemption to be claimed. Attorneys for Venice Endsley, whose husband has died, filed a brief asking the Supreme Court to take up the case.

"The 4th District is the only Florida appellate court that has addressed whether … the Florida Constitution and … Florida statutes apply to bar a Florida taxpayer, who maintains a permanent residence in Florida, from receiving a Florida homestead exemption if the taxpayer is married to a spouse who has received an exemption in 'another state' on his or her individually owned property,'' the brief said. "Petitioner respectfully submits that this (Supreme) Court should exercise jurisdiction to review the 4th District's decision because of the far-reaching impact it will have on the constitutional rights of Florida taxpayers who maintain permanent residences in the state to receive a Florida homestead exemption."

The News Service of Florida contributed to this report.

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