Florida Senate - 2023                                     SB 278
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00464-23                                            2023278__
    1                        A bill to be entitled                      
    2         An act relating to the state estate tax; amending s.
    3         198.41, F.S.; providing applicability of ch. 198,
    4         F.S., with respect to certain estates; providing a
    5         directive to the Division of Law Revision; providing
    6         an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 198.41, Florida Statutes, is amended to
   11  read:
   12         198.41 Effectiveness of this chapter; applicability, etc.—
   13         (1) Except as provided in this section, this chapter shall
   14  remain in force and effect so long as the Government of the
   15  United States retains in full force and effect as a part of the
   16  Revenue Laws of the United States a Federal Estate Tax, and this
   17  chapter shall cease to be operative as and when the Government
   18  of the United States ceases to impose any Estate Tax of the
   19  United States.
   20         (2) This chapter does not apply with respect to the estate
   21  of a decedent who dies after December 31, 2004, if, upon the
   22  death of the decedent, a state death tax credit or state
   23  generation-skipping transfer tax credit is not allowable
   24  pursuant to the provisions of the Internal Revenue Code of 1986,
   25  as amended. This subsection applies to all probate proceedings
   26  commenced on or after the effective date of this act and to all
   27  probate proceedings pending on the effective date of this act
   28  for which an order of final discharge has not been entered.
   29         Section 2. The Division of Law Revision is directed to
   30  replace the phrase “the effective date of this act” wherever it
   31  occurs in this act with the date this act becomes a law.
   32         Section 3. This act shall take effect upon becoming a law.