Florida Senate - 2018                                     SB 512
       
       
        
       By Senator Young
       
       
       
       
       
       18-00593-18                                            2018512__
    1                        A bill to be entitled                      
    2         An act relating to homestead waivers; creating s.
    3         732.7025, F.S.; providing language that may be used to
    4         waive spousal homestead rights concerning devise
    5         restrictions; providing an effective date.
    6          
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. Section 732.7025, Florida Statutes, is created
   10  to read:
   11         732.7025 Waiver of homestead rights through deed.—
   12         (1) A spouse is presumed to have waived his or her rights
   13  as a surviving spouse with respect to the devise restrictions
   14  under s. 4(c), Art. X of the State Constitution if the following
   15  or substantially similar language is included in a deed:
   16  
   17         “By joining this deed, I intend to waive homestead rights
   18  that would otherwise prevent my spouse from devising the
   19  homestead property described in this deed to someone other than
   20  me.”
   21  
   22         (2) The waiver language in subsection (1) may not be
   23  considered a waiver of the protection against the owner’s
   24  creditor claims during the owner’s lifetime and after death.
   25  Such language may not be considered a waiver of the restrictions
   26  against alienation by mortgage, sale, gift, or deed without the
   27  joinder of the owner’s spouse.
   28         Section 2. This act shall take effect July 1, 2018.