Under the Florida constitution, what happens to homestead property if the owner is survived by a spouse or minor child?

In Florida, homestead property holds a unique status under the state constitution, particularly pertaining to its inheritance. When a homestead owner passes away and is survived by a spouse or minor child, the property cannot be bequeathed through a will to anyone outside of the immediate family. This is due to the constitutional protections afforded to the homestead, which safeguards the home for the surviving spouse and minor children.

This provision prevents the owner from transferring the property to non-heirs via a will, thereby ensuring that the homestead remains within the family unit. The idea is to protect the family from being displaced, which is a fundamental principle of the homestead laws in Florida. As a result, even if there were intentions to transfer the property to someone else, Florida law restricts this and affirms the interest of the surviving spouse and children, reinforcing their right to remain in their home.