Florida Senate - 2026                                    SB 1212
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01436-26                                           20261212__
    1                        A bill to be entitled                      
    2         An act relating to the transfer of homestead property
    3         by inheritance; amending s. 193.155, F.S.; providing
    4         that the transfer of certain property by inheritance
    5         is not a change in ownership; providing a contingent
    6         effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (3) of section
   11  193.155, Florida Statutes, is amended to read:
   12         193.155 Homestead assessments.—Homestead property shall be
   13  assessed at just value as of January 1, 1994. Property receiving
   14  the homestead exemption after January 1, 1994, shall be assessed
   15  at just value as of January 1 of the year in which the property
   16  receives the exemption unless the provisions of subsection (8)
   17  apply.
   18         (3)(a) Except as provided in this subsection or subsection
   19  (8), property assessed under this section shall be assessed at
   20  just value as of January 1 of the year following a change of
   21  ownership. Thereafter, the annual changes in the assessed value
   22  of the property are subject to the limitations in subsections
   23  (1) and (2). For the purpose of this section, a change of
   24  ownership means any sale, foreclosure, or transfer of legal
   25  title or beneficial title in equity to any person, except if any
   26  of the following apply:
   27         1. Subsequent to the change or transfer, the same person is
   28  entitled to the homestead exemption as was previously entitled
   29  and:
   30         a. The transfer of title is to correct an error;
   31         b. The transfer is between legal and equitable title or
   32  equitable and equitable title and no additional person applies
   33  for a homestead exemption on the property;
   34         c. The change or transfer is by means of an instrument in
   35  which the owner is listed as both grantor and grantee of the
   36  real property and one or more other individuals are additionally
   37  named as grantee. However, if any individual who is additionally
   38  named as a grantee applies for a homestead exemption on the
   39  property, the application is considered a change of ownership;
   40         d. The change or transfer is by means of an instrument in
   41  which the owner entitled to the homestead exemption is listed as
   42  both grantor and grantee of the real property and one or more
   43  other individuals, all of whom held title as joint tenants with
   44  rights of survivorship with the owner, are named only as
   45  grantors and are removed from the title; or
   46         e. The person is a lessee entitled to the homestead
   47  exemption under s. 196.041(1);
   48         2. Legal or equitable title is changed or transferred
   49  between husband and wife, including a change or transfer to a
   50  surviving spouse or a transfer due to a dissolution of marriage;
   51         3. The transfer occurs by operation of law to the surviving
   52  spouse or minor child or children under s. 732.401;
   53         4. Upon the death of the owner, the transfer is between the
   54  owner and another who is a permanent resident and who is legally
   55  or naturally dependent upon the owner; or
   56         5. The transfer occurs with respect to a property where all
   57  of the following apply:
   58         a. Multiple owners hold title as joint tenants with rights
   59  of survivorship;
   60         b. One or more owners were entitled to and received the
   61  homestead exemption on the property;
   62         c. The death of one or more owners occurs; and
   63         d. Subsequent to the transfer, the surviving owner or
   64  owners previously entitled to and receiving the homestead
   65  exemption continue to be entitled to and receive the homestead
   66  exemption; or
   67         6. Upon the death of the owner, the transfer is between the
   68  owner and another who makes the property his or her homestead
   69  within 1 year.
   70         Section 2. This act shall take effect on the effective date
   71  of the amendment to the State Constitution proposed by SJR ___
   72  or a similar joint resolution having substantially the same
   73  specified intent and purpose, if such amendment to the State
   74  Constitution is approved at the next general election or at an
   75  earlier special election specifically authorized by law for that
   76  purpose.