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Florida Real Estate Law

Florida's Proposed Homestead Tax Change: What's Real Right Now

Quick Answer

The Florida Legislature has passed a proposed constitutional amendment that would significantly expand the homestead property tax exemption, but it is not law yet — Florida voters must approve it in the November 2026 election before anything changes. Today, your existing homestead exemption and Save Our Homes protections work exactly as they always have.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Real Estate Attorney July 17, 2026
Florida's Proposed Homestead Tax Change: What's Real Right Now

What actually happened this year — and what hasn't

In my practice, I've had more calls this summer about property taxes than almost any other topic. Understandably so — the Florida Legislature passed a joint resolution proposing a major expansion of the state's homestead exemption for non-school property taxes. Under the proposal, the exemption would grow well beyond today's amount in stages over the next couple of years, with the smaller current exemption continuing to apply only to school taxes going forward.

Here's the part I want every homeowner to hear clearly: this is a proposed constitutional amendment, not current law. Florida voters must approve it at the November 2026 general election, and it needs a supermajority to pass. Until and unless that happens, your homestead exemption works exactly the way it always has under Article X, Section 4 and Article VII, Section 6 of the Florida Constitution, and F.S. § 196.031.

Bottom line for today: Nothing about your property tax bill has changed yet. Your existing homestead exemption, your Save Our Homes assessment cap, and your portability rights under F.S. § 193.155 remain fully in effect regardless of how the vote turns out.

If voters approve it, who would be affected — and how

The proposal, as passed by the Legislature, would phase in over several years, with inflation adjustments built in for later years. It would also include a notable wrinkle for people who aren't yet Florida homeowners: those who establish homestead after a certain cutoff date would receive a smaller exemption at first and would need to build up years of residency before qualifying for the full benefit. That detail matters a great deal for snowbirds and out-of-state buyers who are timing a move to Florida.

There's also a separate piece that would apply to non-homestead property — investment properties, second homes without homestead status, and commercial parcels — that would lower the annual cap on assessment increases from its current level down to a smaller percentage. Unlike the homestead expansion, this piece is written to take effect on its own timeline regardless of what happens with the broader homestead vote.

What this means for buyers, sellers, and snowbirds right now

What I tell clients who are actively buying or selling: don't restructure a closing timeline around a ballot measure that hasn't been decided. Title companies, closing attorneys, and clerks of court are all operating under the same documentary stamp tax rules that have applied for years — $0.70 per $100 of the sale price in most Florida counties, with a modified rate structure in Miami-Dade. That hasn't moved, and nothing in the pending amendment touches doc stamps.

For snowbirds weighing whether to establish Florida homestead this year versus next, the proposed new-resident phase-in is worth watching closely, but it isn't a reason to panic or rush a decision. Homestead status carries real, permanent benefits under Florida law beyond the tax exemption itself — including protection from most creditors under Article X, Section 4, and special rules under F.S. § 732.4015 governing how homestead property can be devised at death. Those protections exist today and aren't contingent on the November vote.

⚠ A word of caution: Be skeptical of anyone marketing services that promise to lock in benefits from an amendment that hasn't been approved by voters. Until November 2026, there is nothing to lock in.

Where this fits with deeds, trusts, and estate planning

I'm often asked whether pending tax changes should affect decisions about how title is held — for example, whether to use a Lady Bird deed (an enhanced life estate deed) to pass homestead property to children outside of probate, or whether to deed property into a revocable trust under F.S. Chapter 736. My answer is consistent: those decisions should be driven by your family situation, your creditor concerns, and your long-term goals — not by speculation about a ballot measure.

Lady Bird deeds remain a well-established, court-recognized planning tool in Florida. They let you retain full control of your property during your lifetime — including the right to sell, mortgage, or change your mind — while automatically passing the property to your named beneficiaries at death, without probate. Florida's Uniform Title Standards (6.10 and 6.11) give title companies and clerks clear guidance on how these deeds work, and nothing about the pending tax amendment changes that framework.

Similarly, transferring your home into a properly structured revocable trust generally does not disturb your homestead exemption or trigger documentary stamp tax, and this remains true independent of the tax vote.

A quick note on title fraud protection

Separately from the tax amendment, Florida has tightened up rules around real estate document execution and title fraud in recent years. Deeds, mortgages, and related documents recorded in Florida now require witnesses to include their printed name and address, and every Florida county clerk's office is required to offer a free recording notification service that alerts you when a document is recorded against your name or parcel. If you own Florida property — especially if you're an out-of-state snowbird who isn't watching your local county records closely — I'd encourage you to sign up for that free alert service through your county clerk's website. It's a simple, no-cost safeguard against deed fraud.

Frequently Asked Questions

Has my Florida homestead exemption already increased in 2026?
No. As of today, the exemption amounts and rules that have applied for years remain in effect. The proposed expansion requires voter approval at the November 2026 election before any change takes effect.
What happens if voters reject the amendment in November?
If voters reject it, the current homestead exemption structure continues unchanged. However, the separate reduction in the annual assessment cap for non-homestead property is reportedly scheduled to take effect regardless of the homestead vote's outcome, so that piece should be watched independently.
Should I wait to buy a home in Florida until after the vote?
That's a personal financial decision, but from a legal standpoint there's no requirement to wait — current closing procedures, title standards, and doc stamp tax rates are unaffected by the pending amendment. If timing is a concern, it's worth discussing with a Florida attorney or your closing agent.
Does this affect Save Our Homes portability?
Not directly. Save Our Homes assessment caps and portability under F.S. § 193.155 continue to operate under existing law; the pending amendment addresses the exemption amount, not the portability mechanism itself.
Is a Lady Bird deed affected by any of these 2026 changes?
No. Lady Bird deeds remain governed by established Florida common law and title standards, and nothing in the pending tax amendment or recent title-fraud rules changes how they work.
What should snowbirds do about the new-resident phase-in if the amendment passes?
The details of any phase-in for new residents would depend on the final approved amendment and implementing legislation. Anyone planning a move to Florida who wants to understand how timing might affect their exemption should have their specific situation reviewed by a Florida attorney once the outcome is known.

The Truestead Takeaway

The proposed homestead exemption expansion is a genuinely significant development to watch, but as of today it is a ballot measure, not a law — your existing homestead exemption, Save Our Homes cap, and portability rights are unaffected until Florida voters decide in November 2026. In the meantime, decisions about deeds, trusts, and how you hold title should be based on your family's actual goals and current Florida law, not on predictions about an election outcome. If you're buying, selling, or updating your estate plan this year, it's worth having your specific documents and title reviewed by a Florida attorney so you're not caught off guard by whatever the voters decide.

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Every family’s situation is different. Schedule a consultation with Arthur Simpson, Esq. to review your plan and your options under Florida law.

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This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.