Florida Senate - 2023 SB By Senator Rodriguez 40-00464-23 2023278__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to the state estate tax; amending s. 2 198.41, F.S.; providing applicability of ch. 198, 3 F.S., with respect to certain estates; providing a directive to the Division of Law Revision; providing an effective date. 6

Be It Enacted by the Legislature of the State of Florida: 8

Section

Section 198.41, Florida Statutes, is amended to read: 11 198.41 Effectiveness of this chapter; applicability, etc.— 12

(1) Except as provided in this section, this

chapter shall remain in force and effect so long as the Government of the United States retains in full force and effect as a part of the Revenue Laws of the United States a Federal Estate Tax, and this

chapter shall cease to be operative as and when the Government of the United States ceases to impose any Estate Tax of the United States. 19

(2) This

chapter does not apply with respect to the estate of a decedent who dies after December 31, 2004, if, upon the death of the decedent, a state death tax credit or state generation-skipping transfer tax credit is not allowable pursuant to the provisions of the Internal Revenue Code of 1986, 24 as amended. This subsection applies to all probate proceedings commenced on or after the effective date of this act and to all probate proceedings pending on the effective date of this act for which an order of final discharge has not been entered. 28

Section 2. The Division of Law Revision is directed to Florida Senate - 2023 SB 278 40-00464-23 2023278__ CODING: Words stricken are deletions; words underlined are additions. replace the phrase “the effective date of this act” wherever it occurs in this act with the date this act becomes a law. 31

Section 3. This act shall take effect upon becoming a law. 32