Transfer of Homestead Property by Inheritance

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.