reglab/housing_qa huggingface dataset:
FL Stat § 736.1301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIII - Miscellaneous (Ss. 736.1301-736.1303)|736.1301 - Electronic records and signatures.

736.1301 Electronic records and signatures.—Any provisions of this code governing the legal effect, validity, or enforceability of electronic records or electronic signatures, and of contracts formed or performed with the use of such records or signatures, are deemed to conform to the requirements of s. 102 of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. s. 7002, and supersede, modify, and limit the requirements of the Electronic Signatures in Global and National Commerce Act.History.—s. 13, ch. 2006-217.
FL Stat § 736.1302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIII - Miscellaneous (Ss. 736.1301-736.1303)|736.1302 - Severability clause.

736.1302 Severability clause.—If any provision of this code or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this code that can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.History.—s. 13, ch. 2006-217.
FL Stat § 736.1303 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIII - Miscellaneous (Ss. 736.1301-736.1303)|736.1303 - Application to existing relationships.

736.1303 Application to existing relationships.—(1) Except as otherwise provided in this code, on July 1, 2007:(a) This code applies to all trusts created before, on, or after such date.(b) This code applies to all judicial proceedings concerning trusts commenced on or after such date.(c) This code applies to judicial proceedings concerning trusts commenced before such date, unless the court finds that application of a particular provision of this code would substantially interfere with the effective conduct of the judicial proceedings or prejudice the rights of the parties, in which case the particular provision of this code does not apply and the superseded law applies.(d) Any rule of construction or presumption provided in this code applies to trust instruments executed before the effective date of this code unless there is a clear indication of a contrary intent in the terms of the trust.(e) An act done before such date is not affected by this code.(2) If a right is acquired, extinguished, or barred on the expiration of a prescribed period that has commenced to run under any other law before July 1, 2007, that law continues to apply to the right even if it has been repealed or superseded.History.—s. 13, ch. 2006-217.
FL Stat § 736.1401 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1401 - Short title.

736.1401 Short title.—This part may be cited as the “Florida Uniform Directed Trust Act.”History.—s. 14, ch. 2021-183.
FL Stat § 736.1403 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1403 - Application; principal place of administration.

736.1403 Application; principal place of administration.—(1) This part applies to a trust subject to this chapter, whenever created, that has its principal place of administration in the state, subject to the following rules:(a) If the trust was created before July 1, 2021, this part applies only to a decision or action occurring on or after July 1, 2021.(b) If the principal place of administration of the trust is changed to the state on or after July 1, 2021, this part applies only to a decision or action occurring on or after the date of the change.(2) In addition to s. 736.0108, relating to a trust’s principal place of administration, in a directed trust, terms of the trust that designate the principal place of administration of the trust in the state are valid and controlling if a trust director’s principal place of business is located in or a trust director is a resident of the state.History.—s. 15, ch. 2021-183.
FL Stat § 736.1405 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1405 - Exclusions.

736.1405 Exclusions.—(1) As used in this section, the term “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.(2) Unless the terms of a trust expressly provide otherwise by specific reference to this part, section, or paragraph, this part does not apply to:(a) A power of appointment;(b) A power to appoint or remove a trustee or trust director;(c) A power of a settlor over a trust while the trust is revocable by that settlor;(d) A power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:1. The beneficiary; or2. Another beneficiary represented by the beneficiary under ss. 736.0301-736.0305 with respect to the exercise or nonexercise of the power;(e) A power over a trust if the terms of the trust provide that the power is held in a nonfiduciary capacity; and1. The power must be held in a nonfiduciary capacity to achieve the settlor’s tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended; or2. It is a power to reimburse the settlor for all or a part of the settlor’s income tax liabilities attributable to the income of the trust; or(f) A power to add or to release a power under the trust instrument if the power subject to addition or release causes the settlor to be treated as the owner of all or any portion of the trust for federal income tax purposes.(3) Unless the terms of a trust provide otherwise, a power granted to a person other than a trustee:(a) To designate a recipient of an ownership interest in trust property, including a power to terminate a trust, is a power of appointment and not a power of direction.(b) To create, modify, or terminate a power of appointment is a power of direction and not a power of appointment, except a power to create a power of appointment that is an element of a broader power to affect an ownership interest in trust property beyond the mere creation of a power of appointment, such as a power to appoint trust property in further trust, is a power of appointment and not a power of direction.History.—s. 16, ch. 2021-183.
FL Stat § 736.1406 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1406 - Power of trust director.

736.1406 Power of trust director.—(1) Subject to s. 736.1407, relating to trust directors being subject to the same rules as a trustee regarding Social Security Act reimbursement requirements and charitable trust instruments, the terms of a trust may grant a power of direction to a trust director.(2) A power of direction includes only those powers granted by the terms of the trust.(3) Unless the terms of a trust provide otherwise:(a) A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the trust director under subsection (1); and(b) Trust directors with joint powers must act by majority decision.History.—s. 17, ch. 2021-183.
FL Stat § 736.1407 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1407 - Limitations on trust director.

736.1407 Limitations on trust director.—A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, regarding:(1) A payback provision in the terms of a trust necessary to comply with the reimbursement requirements of s. 1917 of the Social Security Act, 42 U.S.C. s. 1396p(d)(4)(A), as amended, and regulations issued thereunder, as amended.(2) A charitable interest in the trust, including notice regarding the interest to the Attorney General.History.—s. 18, ch. 2021-183.
FL Stat § 736.1408 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1408 - Duty and liability of trust director.

736.1408 Duty and liability of trust director.—(1) Subject to subsection (2), with respect to a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction:(a) A trust director has the same fiduciary duty and liability in the exercise or nonexercise of the power:1. If the power is held individually, as a sole trustee in a like position and under similar circumstances; or2. If the power is held jointly with a trustee or another trust director, as a cotrustee in a like position and under similar circumstances.(b) The terms of the trust may vary the trust director’s duty or liability to the same extent the terms of the trust may vary the duty or liability of a trustee in a like position and under similar circumstances.(2) Unless the terms of a trust provide otherwise, if a trust director is licensed, certified, or otherwise authorized or permitted by law other than this part to provide health care in the ordinary course of the trust director’s business or practice of a profession, to the extent the trust director acts in that capacity the trust director has no duty or liability under this part.(3) The terms of a trust may impose a duty or liability on a trust director in addition to the duties and liabilities under this section.History.—s. 19, ch. 2021-183.
FL Stat § 736.1409 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1409 - Duty and liability of directed trustee.

736.1409 Duty and liability of directed trustee.—(1) Subject to subsection (2), a directed trustee shall take reasonable action to comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, and the trustee is not liable for such reasonable action.(2) A directed trustee may not comply with a trust director’s exercise or nonexercise of a power of direction or further power under s. 736.1406(3)(a), relating to additional power granted to a trust director in furtherance of an express power of direction, to the extent that by complying the trustee would engage in willful misconduct.(3) Before complying with a trust director’s exercise of a power of direction, the directed trustee shall determine whether or not the exercise is within the scope of the trust director’s power of direction. The exercise of a power of direction is not outside the scope of a trust director’s power of direction merely because the exercise constitutes or may constitute a breach of trust.(4) An exercise of a power of direction under which a trust director may release a trustee or another trust director from liability for breach of trust is not effective if:(a) The breach involved the trustee’s or other director’s willful misconduct;(b) The release was induced by improper conduct of the trustee or other director in procuring the release; or(c) At the time of the release, the trust director did not know the material facts relating to the breach.(5) A directed trustee that has reasonable doubt about its duty under this section may apply to the court for instructions, with attorney fees and costs to be paid from assets of the trust as provided in this code.(6) The terms of a trust may impose a duty or liability on a directed trustee in addition to the duties and liabilities under this part.History.—s. 20, ch. 2021-183.
FL Stat § 736.141 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.141 - Duty to provide information.

736.141 Duty to provide information.—(1) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trustee shall provide information to a trust director to the extent the information is reasonably related to the powers or duties of the trust director.(2) Subject to s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other, a trust director shall provide information to a trustee or another trust director to the extent the information is reasonably related to the powers or duties of the trustee or other trust director.(3) A trustee that acts in reliance on information provided by a trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trustee engages in willful misconduct.(4) A trust director that acts in reliance on information provided by a trustee or another trust director is not liable for a breach of trust to the extent the breach resulted from the reliance, unless by so acting the trust director engages in willful misconduct.(5) A trust director shall provide information within the trust director’s knowledge or control to a qualified beneficiary upon a written request of a qualified beneficiary to the extent the information is reasonably related to the powers or duties of the trust director.History.—s. 21, ch. 2021-183.
FL Stat § 736.1411 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1411 - No duty to monitor, inform, or advise.

736.1411 No duty to monitor, inform, or advise.—(1) Notwithstanding s. 736.1409(1), relating to the duty of a directed trustee to take reasonable action when directed and to the release of liability for such action, unless the terms of a trust provide otherwise:(a) A trustee does not have a duty to:1. Monitor a trust director; or2. Inform or give advice to a settlor, beneficiary, trustee, or trust director concerning an instance in which the trustee might have acted differently 1from the trust director.(b) By taking an action described in paragraph (a), a trustee does not assume the duty excluded by paragraph (a).(2) Notwithstanding s. 736.1408(1), relating to the fiduciary duty of a trust director, unless the terms of a trust provide otherwise:(a) A trust director does not have a duty to:1. Monitor a trustee or another trust director; or2. Inform or give advice to a settlor, beneficiary, trustee, or another trust director concerning an instance in which the trust director might have acted differently 1from a trustee or another trust director.(b) By taking an action described in paragraph (a), a trust director does not assume the duty excluded by paragraph (a).History.—s. 22, ch. 2021-183.1Note.—The word “from” was substituted for the word “than” by the editors.
FL Stat § 736.1412 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1412 - Application to cotrustee.

736.1412 Application to cotrustee.—(1) The terms of a trust may provide for the appointment of more than one trustee but confer upon one or more of the trustees, to the exclusion of the others, the power to direct or prevent specified actions of the trustees.(2) The excluded trustees shall act in accordance with the exercise of the power in the manner, and with the same duty and liability, as directed trustees with respect to a trust director’s power of direction under s. 736.1409, relating to the duties and liabilities of a directed trustee; s. 736.141, relating to the duties of a trustee and trust director to provide and rely on information; and s. 736.1411, relating to limitations on the duties of trustees or trust directors to monitor, inform, or advise on matters involving the other.(3) The trustee or trustees having the power to direct or prevent actions of the excluded trustees shall be liable to the beneficiaries with respect to the exercise of the power as if the excluded trustees were not in office and shall have the exclusive obligation to account to and to defend any action brought by the beneficiaries with respect to the exercise of the power.History.—s. 23, ch. 2021-183.
FL Stat § 736.1413 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1413 - Limitation of action against trust director.

736.1413 Limitation of action against trust director.—(1) An action against a trust director for breach of trust must be commenced within the same limitation period for an action for breach of trust against a trustee in a like position and under similar circumstances under s. 736.1008, relating to limitations on proceedings against trustees.(2) A trust accounting or any other written report of a trustee or a trust director has the same effect on the limitation period for an action against a trust director for breach of trust that such trust accounting or written report would have under s. 736.1008, relating to limitations on proceedings against trustees, in an action for breach of trust against a trustee in a like position and under similar circumstances.History.—s. 24, ch. 2021-183.
FL Stat § 736.1414 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1414 - Defenses in action against trust director.

736.1414 Defenses in action against trust director.—In an action against a trust director for breach of trust, the trust director may assert the same defenses a trustee in a like position and under similar circumstances could assert in an action for breach of trust against the trustee.History.—s. 25, ch. 2021-183.
FL Stat § 736.1415 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XIV - Florida Uniform Directed Trust Act (Ss. 736.1401-736.1416)|736.1415 - Jurisdiction over trust director.

736.1415 Jurisdiction over trust director.—(1) By accepting appointment as a trust director of a trust subject to this part, the trust director submits to the personal jurisdiction of the courts of the state regarding any matter related to a power or duty of the trust director.(2) This section does not preclude other methods of obtaining jurisdiction over a trust director.History.—s. 26, ch. 2021-183.
FL Stat § 736.1501 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1501 - Short title.

736.1501 Short title.—This part may be cited as the “Community Property Trust Act.”History.—s. 29, ch. 2021-183.
FL Stat § 736.1502 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1502 - Definitions.

736.1502 Definitions.—Unless the context otherwise requires, as used in this part:(1) “Community property” means the property and the appreciation of and income from the property owned by a qualified trustee of a community property trust during the marriage of the settlor spouses. The property owned by a community property trust pursuant to this part and the appreciation of and income from such property shall be deemed to be community property for purposes of general law.(2) “Community property trust” means an express trust that complies with s. 736.1503 and is created on or after July 1, 2021.(3) “Decree” means a judgment or other order of a court of competent jurisdiction.(4) “Dissolution” means either:(a) Termination of a marriage by a decree of dissolution, divorce, annulment, or declaration of invalidity; or(b) Entry of a decree of legal separation maintenance by a court of competent jurisdiction in another state that recognizes legal separation or maintenance under its laws.(5) “During marriage” means a period that begins at marriage and ends upon the dissolution of marriage or upon the death of a spouse.(6) “Qualified trustee” means either:(a) A natural person who is a resident of the state; or(b) A company authorized to act as a trustee in the state.A qualified trustee’s powers include, but are not limited to, maintaining records for the trust on an exclusive or a nonexclusive basis and preparing or arranging for the preparation of, on an exclusive or a nonexclusive basis, any income tax returns that must be filed by the trust.(7) “Settlor spouses” means a married couple who establishes a community property trust pursuant to this part.History.—s. 30, ch. 2021-183.
FL Stat § 736.1503 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 736 - Florida Trust Code|Part XV - Community Property Trust Act (Ss. 736.1501-736.1512)|736.1503 - Requirements for community property trust.

736.1503 Requirements for community property trust.—An arrangement is a community property trust if one or both settlor spouses transfer property to a trust that:(1) Expressly declares that the trust is a community property trust within the meaning of this part.(2) Has at least one trustee who is a qualified trustee, provided that both spouses or either spouse also may be a trustee.(3) Is signed by both settlor spouses consistent with the formalities required for the execution of a trust under this chapter.(4) Contains substantially the following language in capital letters at the beginning of the community property trust agreement:THE CONSEQUENCES OF THIS COMMUNITY PROPERTY TRUST MAY BE VERY EXTENSIVE, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHTS WITH RESPECT TO CREDITORS AND OTHER THIRD PARTIES, AND YOUR RIGHTS WITH YOUR SPOUSE DURING THE COURSE OF YOUR MARRIAGE, AT THE TIME OF A DIVORCE, AND UPON THE DEATH OF YOU OR YOUR SPOUSE. ACCORDINGLY, THIS TRUST AGREEMENT SHOULD BE SIGNED ONLY AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS TRUST AGREEMENT, YOU SHOULD SEEK COMPETENT AND INDEPENDENT LEGAL ADVICE. ALTHOUGH NOT A REQUIREMENT, IT IS STRONGLY ADVISABLE THAT EACH SPOUSE OBTAIN THEIR OWN SEPARATE LEGAL COUNSEL PRIOR TO THE EXECUTION OF THIS TRUST.History.—s. 31, ch. 2021-183.