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Florida Real Estate Law

Florida Homestead Exemption in 2026: What Homeowners Should Know Now

Quick Answer

For 2026, Florida's standard homestead exemption remains in place under current law, but Florida voters will decide this November whether to significantly expand it starting in 2027 — so homeowners shouldn't assume next year's tax bill will look like this year's.

By Arthur Simpson, Esq. · FL Bar #529265 Florida Real Estate Attorney August 29, 2026

What's Actually on the Ballot This November

In my practice, this is the question I'm fielding most often from clients right now: "I heard my homestead exemption is going up — is that true?" The honest answer is: not yet, and not automatically.

During a special legislative session earlier this year, the Florida Legislature passed a proposed constitutional amendment that would restructure the homestead exemption. Under the proposal, the current exemption structure would eventually be replaced with a much larger one — phasing in additional exemption amounts on non-school property taxes over the next two years. But this is a proposed constitutional amendment, not current law. It goes before Florida voters on the November 3, 2026 general election ballot, and like most tax-related constitutional amendments in Florida, it needs 60% voter approval to take effect.

If it passes, the expanded exemption amounts would generally apply to permanent Florida residents who qualify as of December 31, 2026, with the larger benefit showing up starting in 2027. If it fails, the current homestead exemption framework stays in place.

What the Homestead Exemption Looks Like Right Now

Under existing Florida law, the homestead exemption is already a meaningful benefit, and it hasn't gone anywhere while the ballot measure works its way through the process. For the 2026 tax year, qualifying homeowners can receive a base exemption of $25,000 that applies against all property taxes, including school district levies. There's an additional exemption — separate from the base — that applies to the assessed value between $50,000 and $75,000, but only against non-school taxes.

That additional exemption amount is no longer a flat number. Following a constitutional amendment Florida voters approved in November 2024, it's now indexed annually to inflation using the Consumer Price Index, which is why the combined maximum exemption benefit has crept up year over year rather than staying static.

Homeowners should also be aware that separate legislation this year, sometimes referenced as SB 110, touched on homestead exemption eligibility and application procedures. I'd encourage you to confirm the specific details with your county property appraiser's office or a Florida attorney, since the granular mechanics of that bill weren't something I could independently verify down to the statutory citation.

Why This Matters for Homestead Devise and Estate Planning Too

Property tax exemptions get the headlines, but homestead status in Florida does far more than reduce your tax bill. Florida's Constitution, in Article X, Section 4, protects a homestead from forced sale by most creditors, and Article VII, Section 6 governs the tax exemption itself. Separately, Florida Statute § 732.4015 restricts how you can leave your homestead property in a will if you're survived by a spouse or minor children — this is a completely different legal concept from the tax exemption, and I find many clients conflate the two.

What this means practically: even if the November ballot measure passes and your tax exemption grows, it does not change the restrictions on devising homestead property, and it does not change your creditor protections. Those rules live in separate parts of Florida law and aren't part of this amendment.

Good to know: Applying for or maintaining your homestead exemption (a tax matter with your county property appraiser) is a completely separate process from homestead's estate-planning and creditor-protection rules. Keeping both straight matters when you're doing estate planning around your Florida home.

Deeds, Trusts, and Keeping Your Homestead Protections Intact

A question I hear constantly from snowbirds and retirees: "If I put my Florida home into a trust, do I lose my homestead exemption?" Generally, no — if structured properly, a Florida resident can transfer homestead property into a revocable trust and retain both the tax exemption and the constitutional protections, because you retain the beneficial use and control of the property during your lifetime. But the trust document has to be drafted with Florida's homestead rules specifically in mind; a generic, off-the-shelf trust can create real problems.

For clients who want a simpler tool to avoid probate on their home without giving up control during life, many use an enhanced life estate deed, commonly called a Lady Bird deed. This lets you keep full control — including the right to sell, mortgage, or change your mind entirely — while naming who the property passes to automatically at your death, outside of probate. Florida doesn't have a statute that names this deed specifically, but it's well-recognized and commonly used under Florida's general property law and the constitutional homestead framework in Article X, Section 4.

⚠ A word of caution: I regularly see DIY Lady Bird deeds and DIY quitclaim deeds that create title problems down the road — wrong legal descriptions, missing witness or notary requirements, or language that unintentionally triggers a reassessment of property taxes or a due-on-sale clause. A deed that isn't properly drafted and recorded can cost your family far more in cleanup than a properly prepared one would have cost upfront.

What Closing Costs Look Like in Florida Right Now

For buyers and sellers, the transfer-tax math hasn't changed. Florida charges a documentary stamp tax on deed transfers of $0.70 per $100 of the sale price in every county except Miami-Dade, where the rate is $0.60 per $100 plus an additional surtax on non-single-family transfers. This tax is separate from the nonrecurring intangible tax of $2.00 per $1,000 charged on the amount of a new mortgage, which is generally a buyer's cost when financing is involved.

Title insurance premiums are also state-regulated rather than freely negotiable between title companies, which is one reason Florida closing costs tend to be fairly predictable from one transaction to the next, regardless of which title agency you use. As always, exactly who pays which closing costs — documentary stamps, title insurance, recording fees — is a matter of negotiation in the purchase contract, and local custom varies somewhat by county.

Frequently Asked Questions

Is the expanded homestead exemption already in effect for 2026?
No. The current homestead exemption structure remains in effect for the 2026 tax year. The proposed expansion is a constitutional amendment that Florida voters will decide on the November 3, 2026 ballot, with any changes phasing in starting in 2027 if approved.
Do I need to do anything now to prepare for the possible change?
Not for the exemption itself — if the amendment passes, the increased benefit is expected to apply automatically to those who already qualify as permanent residents. It's a good time to confirm your homestead exemption is properly filed with your county property appraiser regardless of the outcome.
Will putting my home in a trust affect my homestead tax exemption?
Generally, a properly drafted revocable trust that gives you the right to live in and control the property during your lifetime should not jeopardize your homestead exemption or constitutional protections, but the trust language matters. This should be reviewed by a Florida attorney before the transfer is made.
What's the difference between a Lady Bird deed and a regular quitclaim deed?
A quitclaim deed typically transfers your interest in the property immediately, which can trigger gift tax issues, loss of homestead protection, or Medicaid look-back problems. A Lady Bird deed (enhanced life estate deed) lets you keep full ownership and control during your lifetime, with the transfer only taking effect at death, outside of probate.
Who pays the documentary stamp tax on a Florida home sale?
It's negotiable between buyer and seller in the purchase contract, though by local custom the seller typically pays it in most Florida counties. The rate itself — generally $0.70 per $100 of the sale price outside Miami-Dade — is set by state law, not negotiable.
Does the homestead exemption tax rule affect who can inherit my house?
No. The tax exemption is a completely separate legal concept from Florida's homestead devise restrictions under F.S. § 732.4015, which limit how you can leave homestead property in a will if you have a surviving spouse or minor children. Both should be considered together in your estate plan, but changing one doesn't change the other.

The Truestead Takeaway

Florida's homestead exemption is in the middle of a genuine, once-in-a-generation change — but it isn't law yet, and I'd caution clients against assuming next year's tax bill is settled until Florida voters weigh in this November. In the meantime, the underlying legal framework that protects your home — the tax exemption, the constitutional creditor protections, and the rules on how you can leave your homestead to loved ones — are three different things governed by three different parts of Florida law, and they deserve to be reviewed together, not separately. If you're a homeowner, buyer, seller, or snowbird with a Florida property question — whether it's about a deed, a trust, or how homestead fits into your estate plan — the sensible next step is a conversation with a Florida attorney who can look at your actual deed, your actual family situation, and your actual goals.

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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.