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FloridaSB 2622025Senate

Trusts

Sponsored By: Lori Berman (Democratic)

Signed by Governor

AppropriationJudiciaryCommunity AffairsRulesHouse Calendar

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 1 benefits, 1 costs, 2 mixed.

Homestead trust transfers avoid reassessment

A trust that follows Florida’s requirements and was created or changed on or after July 1, 2021, can qualify as a community property trust. Property held in a qualifying trust, along with its income and increase in value, is treated as community property. When one or both settlor spouses transfer homestead property into the trust, the transfer does not count as a change of ownership for property-tax reassessment. The law gives no amount for any tax savings.

Fewer claims against former trustees

A successor trustee or another person acting for a trust cannot pursue a claim against a former trustee beyond what the beneficiary represented by that claim could pursue. This can limit the trust’s ability to recover losses from a former trustee.

Lifetime gifts can reduce later inheritances

For a revocable trust that becomes irrevocable on or after July 1, 2025, a lifetime gift or trust payment can count toward a person’s later devise. The trust terms, a written statement made at the time by the settlor or trustee, or the recipient’s written agreement must say it counts. For a partial satisfaction, the property’s value is measured when the recipient first possesses or enjoys it, or at the settlor’s death, whichever comes first.

New rules for changing family trusts

An authorized trustee with power to use trust principal can modify a trust instead of creating a second one, unless the trust terms say otherwise. With an absolute power, the change cannot reduce a vested interest or benefit people outside the first trust’s beneficiaries. With a nonabsolute power, beneficiaries’ interests must stay substantially similar, with special rules for appointment powers and longer trust terms. A trustee is not treated as the creator of a second trust, and decision-makers may consider the intent of the trust creators and trustee. A trustee’s notice alone does not start a claim deadline; a disclosure document starts it only when delivered after the trustee’s action takes effect.

Sponsors & Cosponsors

Sponsor

  • Lori Berman

    Democratic • Senate

Cosponsors

  • Community Affairs

    Affiliation unavailable

  • Judiciary

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 191 • No: 0

House vote • 4/29/2025

House Floor Vote

Yes: 114 • No: 0

Senate vote • 3/27/2025

Senate Floor Vote

Yes: 36 • No: 0

Senate vote • 3/19/2025

Rules Vote

Yes: 25 • No: 0

Senate vote • 3/11/2025

Community Affairs Vote

Yes: 7 • No: 0

Senate vote • 2/18/2025

Judiciary Vote

Yes: 9 • No: 0

Actions Timeline

  1. Chapter No. 2025-159

    6/23/2025

  2. Approved by Governor

    6/20/2025

  3. Signed by Officers and presented to Governor

    6/18/2025

  4. Ordered enrolled

    4/29/2025Senate

  5. CS passed; YEAS 114, NAYS 0

    4/29/2025House

  6. Read 3rd time

    4/29/2025House

  7. Added to Third Reading Calendar

    4/29/2025House

  8. Placed on 3rd reading

    4/29/2025House

  9. Read 2nd time

    4/29/2025House

  10. 1st Reading (Committee Substitute 2)

    4/28/2025House

  11. Bill added to Special Order Calendar (4/29/2025)

    4/28/2025House

  12. Bill referred to House Calendar

    4/28/2025House

  13. In Messages

    3/27/2025House

  14. Immediately certified -SJ 279

    3/27/2025Senate

  15. CS passed; YEAS 36 NAYS 0 -SJ 277

    3/27/2025Senate

  16. Read 3rd time -SJ 277

    3/27/2025Senate

  17. Read 2nd time -SJ 277

    3/27/2025Senate

  18. Placed on Special Order Calendar, 03/27/25

    3/25/2025Senate

  19. Placed on Calendar, on 2nd reading

    3/19/2025Senate

  20. Favorable by- Rules; YEAS 25 NAYS 0

    3/19/2025Senate

  21. On Committee agenda-- Rules, 03/19/25, 11:30 am, 412 Knott Building

    3/14/2025Senate

  22. CS/CS by Community Affairs read 1st time

    3/12/2025Senate

  23. Now in Rules

    3/12/2025Senate

  24. Pending reference review under Rule 4.7(2) - (Committee Substitute)

    3/12/2025Senate

  25. CS/CS by Community Affairs; YEAS 7 NAYS 0

    3/11/2025Senate

Bill Text

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