What To Expect for Real Estate E&O In The Florida 2026 Legislative Session
Florida’s 2026 legislative session opens with an unusually heavy real estate agenda. If enacted, proposed measures could reshape transactional practices and expand compliance-driven errors-and-omissions exposure. More than 100 pre-filed bills address real property issues, with a primary focus on ad valorem tax reform, expanded disclosure and inspection regulation, and land-use and association governance changes. While full elimination of property taxes is unlikely, multiple proposals contemplate exemptions or phase-outs for homesteaded properties, seniors, disabled veterans, and first-time homebuyers.
These changes directly affect property valuation, affordability analyses, and buyer-facing representations, which are all common sources of E&O claims when tax assumptions or investment projections later prove inaccurate. Several proposed bills also carry direct operational and insurance implications for real estate professionals:
Transaction and Inspection Regulation:
HB 65 – Requires home inspectors to meet DBPR standards and carry E&O insurance
SB 832 / HB 767 – Increased transparency in residential property insurance rate disclosures
Zoning and Development:
SB 48 / HB 313 – Mandatory local approval of accessory dwelling units
SB 208 / HB 399 – Removal of zoning barriers to promote infill development
HB 837 / SB 962 – Revised land-use definitions excluding farmland
Association and Property Governance:
HB 465 / SB 822 – Licensing and contract requirements for community association management firms
SB 750 / HB 803 – Limits on municipal administrative fees for private inspections and plan reviews
SB 606 / SB 608 / SB 610 – Expanded residential pool-safety requirements
E&O Takeaway:
The proposed 2026 legislation reflects a shift toward greater statutory regulation of real estate transactions, inspections, disclosures, and property governance. As regulatory requirements expand, liability risk increasingly arises from failure to recognize and implement new compliance obligations, miscommunication of zoning or tax impacts, and reliance on newly regulated third-party inspection services. Brokers, managers, and their E&O carriers should closely monitor enacted provisions and update transaction checklists, disclosure protocols, and client advisory practices accordingly.
Legal Update for Real Estate E&O – February 2026, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2026 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact MEDeSatnick@mdwcg.com.