Florida SB 1212: Construction Contracting Exemptions

Bill Text

1212 
Transfer of Homestead Property by Inheritance 
2026-01-06T08:03:06Z 
Providing that the transfer of certain property by inheritance is not a change in ownership, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 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.