ENROLLED 2018 Legislature CS for SB 512 2018512er 1 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 waives his or her rights as a surviving spouse 13 with respect to the devise restrictions under s. 4(c), Art. X of 14 the State Constitution if the following or substantially similar 15 language is included in a deed: 16 17 “By executing or joining this deed, I intend to waive 18 homestead rights that would otherwise prevent my spouse from 19 devising the homestead property described in this deed to 20 someone other than 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.