USA – FLORIDA Trends and Developments Contributed by: Jennifer Jordan McCall, Jennifer Altman, Christine Tsai and Maria Williams, Pillsbury Winthrop Shaw Pittman LLP
Pillsbury Law 324 Royal Palm Way, Suite 220, Palm Beach, FL 33480-4309, USA
Tel: +1 561 232 3300 Fax: +1 561 232 3301 Email: jmccall@pillsburylaw.com Web: www.pillsburylaw.com
Strategic Issues in High Net Worth Litigation and Dispute Resolution Trending bills for Florida’s 2026 legislative agenda Proposals to reduce property taxes In Florida’s 2026 legislative session ending 13 March 2026, numerous proposals were considered to limit increases in property taxes as they pertain to levy other than school district Leas, mostly with respect to homestead properties (primary residences). These proposals reflected a goal announced by Governor Ron DeSantis in February 2025 that the State should consider amending its Constitution to reduce or abol - ish property taxes. In May 2025, House Speaker Perez established a select committee on property taxes and numerous proposed bills were put forward which had the goal of reducing these. These included the gradual phase out of non-school property tax for pri - mary residences – CHJR203, increasing an exemption amount against non-school taxes for such residences up to USD250,000, and modifying limits on property assessment increases following the current Save Our Homes (SOH) benefit per rent (3% annually) and non- homestead annual increase limitations (10%). Follow - ing the regular session, the Governor called a special session in June 2026 in which the legislator passed House Joint resolution (HJR) 1-F, which would increase the current homestead exemption to USD250,000 on non-school levies to homeowners who are Florida res - idents on or before 31 December 2026. The resolution also allowed people who establish Florida residency after this date to receive a primary residence exemp - tion of USD50,000 for four years, after which they will be eligible for the USD250,000 exemption. HJR 1-F will need to be passed by 60% of Florida voters in November 2026 in order to take effect.
Individuals who are a permanent Florida resident as of 1 January of any tax year are entitled to a home - stead exemption under section 196.031, FLA. STAT. Currently (and if HR 1-F, as discussed above, is not passed by voters), the exemption applies up to the first USD50,000 of the value of the residence and is periodically adjusted upwards. The SOH limitation under section 193.155, FLA. STAT. provides that an annual increase to assessed value cannot exceed the lesser of 3% or the rate of inflation. Note that the homestead exemption also contains limitations on disposition at death, providing for the spouse and minor children at death. Estate plans should be reviewed to ensure they meet the require - ments of homestead law. Homestead property is also exempt from the claims of most creditors, providing a strong incentive for taxpayers to consider relocating to Florida in certain cases. Importance of framing amount owed by an estate in Florida Florida has a short timeframe for following a claim against an estate, set forth in Florida statute sec - tions 731 through 733. Under Florida statute section 733.702, creditors generally must file their claims with - in three months after the first publication of the notice to creditors, unless the claim is otherwise barred by statute section 733.710, or the creditor was entitled to service of a copy of the notice to creditors. Claims not filed within this timeframe are barred and deemed unenforceable.
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