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New Florida laws Took Effect July 1—Update Your Estate Plan Now

New Florida laws signed during the 2025 legislative session are already reshaping how Floridians hold title, manage rentals, steward digital assets, and claim homestead protections. If you wrote your will or trust even six months ago, these New Florida laws may leave gaps that cost heirs time and money. Below are the five statutes most likely to require immediate tweaks to your estate documents, along with practical action steps you can finish before the kids go back to school.


1. Digital Assets Get a Legal Make-Over (HB 515—UCC Article 12)

New Florida laws now recognize “controllable electronic records” such as cryptocurrency, NFTs, and tokenized real-estate shares. House Bill 515 adopts Article 12 of the Uniform Commercial Code, giving qualifying purchasers “take-free” status and spelling out how security interests attach to digital property flsenate.govflsenate.gov.

Estate-plan impact:

  • Powers of attorney and trust asset lists should explicitly authorize fiduciaries to manage “controllable electronic records.”

  • Personal-property clauses that once said “cash, stocks, and bonds” must broaden to “digital wallets and electronic records” so executors can liquidate or transfer tokens without court intervention.

  • Memoranda listing private keys or seed phrases belong in a secure vault; HB 515 increases the risk that creditors could reach unrecorded digital assets if fiduciaries fumble notice rules.


2. Accessory Dwelling Units and Your Homestead (SB 184)

Among the most homeowner-friendly New Florida laws, SB 184 requires every county to allow accessory dwelling units (ADUs) in single-family zones and—crucially—protects the homestead exemption even when you rent the ADU flsenate.govlegiscan.com.


Estate-plan impact:

  • Trusts or Lady Bird deeds holding your primary residence should mention any existing or planned ADU to avoid reassessment surprises.

  • Because SB 184 states that ADUs rented on the open market will still count toward affordable-housing quotas, heirs inheriting a residence with an ADU may face new landlord duties. Update your successor-trustee instructions accordingly.

  • Gifting an ADU to adult children while keeping the main house under homestead no longer kills the exemption—an opportunity for Medicaid planning.


3. Electronic Notices for Rental Property (HB 615)

New Florida laws also modernize landlord–tenant rules. HB 615 (Florida Statute 83.505) lets landlords and tenants send demand letters and lease notices by email once both sign an electronic-delivery addendum flsenate.govfox13news.com.


Estate-plan impact:

  • Land-trust or LLC operating agreements should add language allowing email notice so property managers can evict for non-payment without violating the statute.

  • Personal representatives handling probate of a rental house must preserve the decedent’s email credentials; notices are deemed “delivered” when sent, so missed deadlines could stall an eviction and drain estate assets.

  • Include a clause authorizing your trustee to update the estate’s “service email” in every new lease signed after July 1 2025.


4. Squatter Removal Without Court (SB 129)

Another headline-grabbing addition to the roster of New Florida laws is SB 129, which creates a non-judicial process for ejecting unauthorized occupants from commercial property fox35orlando.com.


Estate-plan impact:

  • Successor trustees and LLC managers should receive explicit power to file a sworn eviction request with local law enforcement; otherwise, heirs may need emergency court authority.

  • Commercial-property insurance riders should be re-examined, as quicker removals could alter vacancy clauses.

  • If you own mixed-use real estate through an irrevocable trust, add a directive that the trustee act “to the fullest extent” under SB 129 to minimize carrying costs.


5. Boater Freedom Act & Vessel Liability (SB 1388)

For waterfront families, New Florida laws include the Boater Freedom Act, which restricts law-enforcement boardings and mandates new safety-inspection decals fox35orlando.com.


Estate-plan impact:

  • Boat-title trusts and LLCs must record who is authorized to accept—or decline—a boarding in light of SB 1388’s probable-cause rules.

  • Because fewer random inspections could increase lawsuit exposure after an accident, umbrella policies named in your trust should rise to at least $1 million.

  • Add language instructing future trustees to renew the safety decal annually; missing one could turn a routine stop into a statutory violation.


Rapid-Fire Checklist—Implement Before Labor Day

Date

New Florida laws Task

Responsible Party

July 31

Amend wills/trusts to cover “controllable electronic records”

Estate attorney

Aug 7

File homestead affidavit noting ADU status

Homeowner

Aug 14

Insert electronic-notice addendum into all new leases

Property manager

Aug 21

Draft trustee authority letter for SB 129 squatters procedure

Real-estate counsel

Aug 28

Add Boater Freedom decal renewal clause to vessel trust

Maritime attorney


Frequently Asked Questions

Do I need a whole new trust because of these New Florida laws?Probably not, but a short amendment or restatement can plug the gaps for digital assets, homestead with ADUs, and updated fiduciary powers.


What if my estate lawyer isn’t familiar with cryptocurrency?HB 515 makes digital assets subject to Article 12’s “qualifying purchaser” rules. Choose counsel who can draft wallets-and-keys memoranda and understand secured-transaction filings.


Can I rely on my landlord forms vendor for HB 615 compliance?Only if their templates include the statutory opt-in language and proof-of-sending log HB 615 requires. Have your attorney vet any off-the-shelf forms.


Bottom Line

New Florida laws come in waves every July, but the 2025 batch is a full high tide for estate planners. Whether you steward bitcoin, a backyard ADU, a downtown duplex, or a deck-boat named Sea-Ya Later, each statute above rewrites the rulebook on ownership, liability, and fiduciary authority. Update your documents now and sail into 2026 confident that your estate plan floats above the legal rip-currents. For bespoke amendments or a top-to-bottom review, reach out to Absolute Law Group today.

 
 
 

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