reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1003 - Damages in absence of breach.

736.1003 Damages in absence of breach.—Absent a breach of trust, a trustee is not liable to a beneficiary for a loss or depreciation in the value of trust property or for not having made a profit.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1004 - Attorney’s fees and costs.

736.1004 Attorney’s fees and costs.—
(1)(a) In all actions for breach of fiduciary duty or challenging the exercise of, or failure to exercise, a trustee’s powers; and
(b) In proceedings arising under ss. 736.0410-736.0417,
the court shall award taxable costs as in chancery actions, including attorney fees and guardian ad litem fees.
(2) When awarding taxable costs under this section, including attorney fees and guardian ad litem fees, the court, in its discretion, may direct payment from a party’s interest, if any, in the trust or enter a judgment that may be satisfied from other property of the party, or both.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1005 - Attorney fees for services to the trust.

736.1005 Attorney fees for services to the trust.—
(1) Any attorney who has rendered services to a trust may be awarded reasonable compensation from the trust. The attorney may apply to the court for an order awarding attorney fees and, after notice and service on the trustee and all beneficiaries entitled to an accounting under s. 736.0813, the court shall enter an order on the fee application.
(2) If attorney fees are to be paid from the trust under subsection (1), s. 736.1007(5)(a), or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the fees shall be paid.
(a) All or any part of the attorney fees to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper.
(b) In the exercise of its discretion, the court may consider the following factors:
1. The relative impact of an assessment on the estimated value of each person’s part of the trust.
2. The amount of attorney fees to be assessed against a person’s part of the trust.
3. The extent to which a person whose part of the trust is to be assessed, individually or through counsel, actively participated in the proceeding.
4. The potential benefit or detriment to a person’s part of the trust expected from the outcome of the proceeding.
5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the trust is to be assessed.
6. Whether a person whose part of the trust is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.
7. Whether a person whose part of the trust is to be assessed unjustly caused an increase in the amount of attorney fees incurred by the trustee or another person in connection with the proceeding.
8. Any other relevant fact, circumstance, or equity.
(c) The court may assess a person’s part of the trust without finding that the person engaged in bad faith, wrongdoing, or frivolousness.
(3) Except when a trustee’s interest may be adverse in a particular matter, the attorney shall give reasonable notice in writing to the trustee of the attorney’s retention by an interested person and the attorney’s entitlement to fees pursuant to this section. A court may reduce any fee award for services rendered by the attorney prior to the date of actual notice to the trustee, if the actual notice date is later than a date of reasonable notice. In exercising this discretion, the court may exclude compensation for services rendered after the reasonable notice date but before the date of actual notice.
History.—s. 10, ch. 2006-217; s. 7, ch. 2015-27.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1006 - Costs in trust proceedings.

736.1006 Costs in trust proceedings.—
(1) In all trust proceedings, costs may be awarded as in chancery actions.
(2) If costs are to be paid from the trust under subsection (1) or s. 733.106(4)(a), the court, in its discretion, may direct from what part of the trust the costs shall be paid. All or any part of the costs to be paid from the trust may be assessed against one or more persons’ part of the trust in such proportions as the court finds to be just and proper. In the exercise of its discretion, the court may consider the factors set forth in s. 736.1005(2).
History.—s. 10, ch. 2006-217; s. 8, ch. 2015-27.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1009 - Reliance on trust instrument.

736.1009 Reliance on trust instrument.—A trustee who acts in reasonable reliance on the terms of the trust as expressed in the trust instrument is not liable to a beneficiary for a breach of trust to the extent the breach resulted from the reliance.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1010 - Event affecting administration or distribution.

736.1010 Event affecting administration or distribution.—If the happening of an event, including marriage, divorce, performance of educational requirements, or death, affects the administration or distribution of a trust, a trustee who has exercised reasonable care to ascertain the happening of the event is not liable for a loss resulting from the trustee’s lack of knowledge.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1011 - Exculpation of trustee.

736.1011 Exculpation of trustee.—
(1) A term of a trust relieving a trustee of liability for breach of trust is unenforceable to the extent that the term:
(a) Relieves the trustee of liability for breach of trust committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries; or
(b) Was inserted into the trust instrument as the result of an abuse by the trustee of a fiduciary or confidential relationship with the settlor.
(2) An exculpatory term drafted or caused to be drafted by the trustee is invalid as an abuse of a fiduciary or confidential relationship unless:
(a) The trustee proves that the exculpatory term is fair under the circumstances.
(b) The term’s existence and contents were adequately communicated directly to the settlor or the independent attorney of the settlor. This paragraph applies only to trusts created on or after July 1, 2007.
History.—s. 10, ch. 2006-217; s. 6, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1012 - Beneficiary’s consent, release, or ratification.

736.1012 Beneficiary’s consent, release, or ratification.—A trustee is not liable to a beneficiary for breach of trust if the beneficiary consented to the conduct constituting the breach, released the trustee from liability for the breach, or ratified the transaction constituting the breach, unless:
(1) The consent, release, or ratification of the beneficiary was induced by improper conduct of the trustee; or
(2) At the time of the consent, release, or ratification, the beneficiary did not know of the beneficiary’s rights or of the material facts relating to the breach.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1013 - Limitation on personal liability of trustee.

736.1013 Limitation on personal liability of trustee.—
(1) Except as otherwise provided in the contract, a trustee is not personally liable on a contract properly entered into in the trustee’s fiduciary capacity in the course of administering the trust if the trustee in the contract disclosed the fiduciary capacity.
(2) A trustee is personally liable for torts committed in the course of administering a trust or for obligations arising from ownership or control of trust property only if the trustee is personally at fault.
(3) A claim based on a contract entered into by a trustee in the trustee’s fiduciary capacity, on an obligation arising from ownership or control of trust property, or on a tort committed in the course of administering a trust may be asserted in a judicial proceeding against the trustee in the trustee’s fiduciary capacity, whether or not the trustee is personally liable for the claim.
(4) Issues of liability between the trust estate and the trustee individually may be determined in a proceeding for accounting, surcharge, or indemnification or in any other appropriate proceeding.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1014 - Limitations on actions against certain trusts.

736.1014 Limitations on actions against certain trusts.—
(1) After the death of a settlor, no creditor of the settlor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the settlor. Such claims and causes of action against the settlor shall be presented and enforced against the settlor’s estate as provided in part VII of chapter 733, and the personal representative of the settlor’s estate may obtain payment from the trustee of a trust described in s. 733.707(3) as provided in ss. 733.607(2), 733.707(3), and 736.05053.
(2) This section does not preclude a direct action against a trust described in s. 733.707(3), the trustee of the trust, or a beneficiary of the trust that is not dependent on the individual liability of the settlor.
(3) This section does not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1015 - Interest as general partner.

736.1015 Interest as general partner.—
(1) Unless personal liability is imposed in the contract, a trustee who holds an interest as a general partner in a general or limited partnership is not personally liable on a contract entered into by the partnership after the trust’s acquisition of the interest if the fiduciary capacity was disclosed in the contract or in a statement previously filed pursuant to a Uniform Partnership Act or Uniform Limited Partnership Act.
(2) A trustee who holds an interest as a general partner is not personally liable for torts committed by the partnership or for obligations arising from ownership or control of the interest unless the trustee is personally at fault.
(3) If the trustee of a revocable trust holds an interest as a general partner, the settlor is personally liable for contracts and other obligations of the partnership as if the settlor were a general partner.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1016 - Protection of person dealing with trustee.

736.1016 Protection of person dealing with trustee.—
(1) A person other than a beneficiary who in good faith assists a trustee or who in good faith and for value deals with a trustee, without knowledge that the trustee is exceeding or improperly exercising the trustee’s powers, is protected from liability as if the trustee properly exercised the power.
(2) A person other than a beneficiary who in good faith deals with a trustee is not required to inquire into the extent of the trustee’s powers or the propriety of their exercise.
(3) A person who in good faith delivers assets to a trustee need not ensure their proper application.
(4) A person other than a beneficiary who in good faith assists a former trustee or who in good faith and for value deals with a former trustee, without knowledge that the trusteeship has terminated, is protected from liability as if the former trustee were still a trustee.
(5) Comparable protective provisions of other laws relating to commercial transactions or transfer of securities by fiduciaries prevail over the protection provided by this section.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1017 - Certification of trust.

736.1017 Certification of trust.—
(1) Instead of furnishing a copy of the trust instrument to a person other than a beneficiary, the trustee may furnish to the person a certification of trust containing the following information:
(a) The trust exists and the date the trust instrument was executed.
(b) The identity of the settlor.
(c) The identity and address of the currently acting trustee.
(d) The powers of the trustee.
(e) Whether the trust contains any powers of direction, and if so, the identity of the current trust directors, the trustee powers subject to a power of direction, and whether the trust directors have directed or authorized the trustee to engage in the proposed transaction for which the certification of trust was issued.
(f) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke the trust.
(g) The authority of cotrustees to sign or otherwise authenticate and whether all or less than all are required in order to exercise powers of the trustee.
(h) The manner of taking title to trust property.
(2) A certification of trust may be signed or otherwise authenticated by any trustee.
(3) A certification of trust must state that the trust has not been revoked, modified, or amended in any manner that would cause the representations contained in the certification of trust to be incorrect.
(4) A certification of trust need not contain the dispositive terms of a trust.
(5) A recipient of a certification of trust may require the trustee to furnish copies of any excerpts from the original trust instrument and later amendments that designate the trustee and confer upon the trustee the power to act in the pending transaction.
(6) A person who acts in reliance on a certification of trust without knowledge that the representations contained in the certification are incorrect is not liable to any person for so acting and may assume without inquiry the existence of the facts contained in the certification. Knowledge of the terms of the trust may not be inferred solely from the fact that a copy of all or part of the trust instrument is held by the person relying on the certification.
(7) A person who in good faith enters into a transaction in reliance on a certification of trust may enforce the transaction against the trust property as if the representations contained in the certification were correct.
(8) This section does not limit the right of a person to obtain a copy of the trust instrument when required to be furnished by law or in a judicial proceeding concerning the trust.
History.—s. 10, ch. 2006-217; s. 10, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part X - Liability of Trustee and Rights of Persons Dealing With Trustee (Ss. 736.1001-736.1018) › 736.1018 - Improper distribution or payment; liability of distributee.

736.1018 Improper distribution or payment; liability of distributee.—Any person who received a distribution or was paid improperly from a trust shall return the assets or funds received and the income from those assets or interest on the funds from the date of distribution or payment unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the person does not have the assets or funds, the value of the assets or funds at the date of disposition, income from the assets or funds, and gain received by the person from the assets or funds shall be returned.
History.—s. 10, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1101 - Rules of construction; general provisions.

736.1101 Rules of construction; general provisions.—Except as provided in s. 736.0105(2):
(1) The intent of the settlor as expressed in the terms of the trust controls the legal effect of the dispositions made in the trust.
(2) The rules of construction as expressed in this part shall apply unless a contrary intent is indicated by the terms of the trust.
History.—s. 11, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1102 - Construction of terms.

736.1102 Construction of terms.—The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock.
History.—s. 11, ch. 2006-217; s. 17, ch. 2010-132.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1103 - Gifts to multigeneration classes to be per stirpes.

736.1103 Gifts to multigeneration classes to be per stirpes.—Class gifts to descendants, issue, and other multigeneration classes shall be per stirpes.
History.—s. 11, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1104 - Person not entitled to receive property or other benefits by reason of victim’s death.

736.1104 Person not entitled to receive property or other benefits by reason of victim’s death.—
(1) A beneficiary of a trust who unlawfully and intentionally kills or unlawfully and intentionally participates in procuring the death of the settlor or another person on whose death such beneficiary’s interest depends, is not entitled to any trust interest, including homestead, dependent on the victim’s death, and such interest shall devolve as though the killer had predeceased the victim.
(2) A final judgment of conviction of murder in any degree is conclusive for the purposes of this section. In the absence of a murder conviction in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.
(3) A beneficiary of a trust who was convicted in any state or foreign jurisdiction of abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult, as those terms are defined in s. 825.101, for conduct against a settlor or another person on whose death such beneficiary’s interest depends is not entitled to any trust interest, including a homestead dependent on the victim’s death, and such interest shall devolve as though the abuser, neglector, exploiter, or killer had predeceased the victim.
(a) A final judgment of conviction for abuse, neglect, exploitation, or aggravated manslaughter of the decedent or other person creates a rebuttable presumption that this section applies.
(b) In the absence of a qualifying conviction, the court may determine by the greater weight of the evidence whether the decedent’s or other person’s death was caused by or contributed to by the abuser’s, neglector’s, exploiter’s, or killer’s conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2) for purposes of this section.
(c) This subsection does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain a trust interest by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain a trust interest.
History.—s. 11, ch. 2006-217; s. 4, ch. 2021-221.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1105 - Effect of subsequent marriage, birth, adoption, or dissolution of marriage.

736.1105 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the revocable trust of any person.
(2) Any provision of a revocable trust that affects the settlor’s spouse is void upon dissolution of the marriage of the settlor and the spouse, whether the marriage occurred before or after the execution of such revocable trust. Upon dissolution of marriage, the revocable trust shall be construed as if the spouse had died at the time of the dissolution of marriage.
(a) Dissolution of marriage occurs at the time the decedent’s marriage is judicially dissolved or declared invalid by court order.
(b) This subsection does not invalidate a provision of a revocable trust:
1. Executed by the settlor after the dissolution of the marriage;
2. If there is a specific intention to the contrary stated in the revocable trust; or
3. If the dissolution of marriage judgment expressly provides otherwise.
(3) This section applies to revocable trusts of decedents who die on or after June 29, 2021.
History.—s. 11, ch. 2006-217; ss. 11, 45, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1107 - Change in securities; accessions; nonademption.

736.1107 Change in securities; accessions; nonademption.—A gift of specific securities, rather than their equivalent value, entitles the beneficiary only to:
(1) As much of the gifted securities of the same issuer held by the trust estate at the time of the occurrence of the event entitling the beneficiary to distribution.
(2) Any additional or other securities of the same issuer held by the trust estate because of action initiated by the issuer, excluding any acquired by exercise of purchase options.
(3) Securities of another issuer held by the trust estate as a result of a merger, consolidation, reorganization, or other similar action initiated by the original issuer.
History.—s. 11, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1108 - Penalty clause for contest.

736.1108 Penalty clause for contest.—
(1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable.
(2) This section applies to trusts created on or after October 1, 1993. For purposes of this subsection, a revocable trust shall be treated as created when the right of revocation terminates.
History.—s. 11, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XI - Rules of Construction (Ss. 736.1101-736.1109) › 736.1109 - Testamentary and revocable trusts; homestead protections.

736.1109 Testamentary and revocable trusts; homestead protections.—
(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in s. 4(c), Art. X of the State Constitution, title shall pass as provided in s. 732.401 at the moment of death.
(2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent’s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.
(3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust.
(4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts.
(5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021.
History.—s. 12, ch. 2021-183.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1201 - Definitions.

736.1201 Definitions.—As used in this part:
(1) “Charitable organization” means an organization described in s. 501(c)(3) of the Internal Revenue Code and exempt from tax under s. 501(a) of the Internal Revenue Code.
(2) “Delivery of notice” means delivery of a written notice required under this part using any commercial delivery service requiring a signed receipt or by any form of mail requiring a signed receipt.
(3) “Internal Revenue Code” means the Internal Revenue Code of 1986, as amended.
(4) “Private foundation trust” means a trust, including a trust described in s. 4947(a)(1) of the Internal Revenue Code, as defined in s. 509(a) of the Internal Revenue Code.
(5) “Split interest trust” means a trust for individual and charitable beneficiaries that is subject to the provisions of s. 4947(a)(2) of the Internal Revenue Code.
History.—s. 12, ch. 2006-217; s. 6, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1202 - Application of this part.

736.1202 Application of this part.—Except as otherwise provided in the trust, the provisions of this part apply to all private foundation trusts and split interest trusts, whether created or established before or after November 1, 1971, and to all trust assets acquired by the trustee before or after November 1, 1971.
History.—s. 12, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1203 - Trustee of a private foundation trust or a split interest trust.

736.1203 Trustee of a private foundation trust or a split interest trust.—Except as provided in s. 736.1205, the trustee of a private foundation trust or a split interest trust has the duties and powers conferred on the trustee by this part.
History.—s. 12, ch. 2006-217.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1204 - Powers and duties of trustee of a private foundation trust or a split interest trust.

736.1204 Powers and duties of trustee of a private foundation trust or a split interest trust.—
(1) In the exercise of a trustee’s powers, including the powers granted by this part, a trustee has a duty to act with due regard to the trustee’s obligation as a fiduciary, including a duty not to exercise any power in such a way as to:
(a) Deprive the trust of an otherwise available tax exemption, deduction, or credit for tax purposes;
(b) Deprive a donor of a trust asset or tax deduction or credit; or
(c) Operate to impose a tax on a donor, trust, or other person.
For purposes of this subsection, the term “tax” includes, but is not limited to, any federal, state, or local excise, income, gift, estate, or inheritance tax.
(2) Except as provided in s. 736.1205, a trustee of a private foundation trust shall make distributions at such time and in such manner as not to subject the trust to tax under s. 4942 of the Internal Revenue Code.
(3) Except as provided in subsection (4) and in s. 736.1205, a trustee of a private foundation trust, or a split interest trust to the extent that the split interest trust is subject to the provisions of s. 4947(a)(2) of the Internal Revenue Code, in the exercise of the trustee’s powers shall not:
(a) Engage in any act of self-dealing as defined in s. 4941(d) of the Internal Revenue Code;
(b) Retain any excess business holdings as defined in s. 4943(c) of the Internal Revenue Code;
(c) Make any investments in a manner that subjects the foundation to tax under s. 4944 of the Internal Revenue Code; or
(d) Make any taxable expenditures as defined in s. 4945(d) of the Internal Revenue Code.
(4) Paragraphs (3)(b) and (c) shall not apply to a split interest trust if:
(a) All the income interest, and none of the remainder interest, of the trust is devoted solely to one or more of the purposes described in s. 170(c)(2)(B) of the Internal Revenue Code, and all amounts in the trust for which a deduction was allowed under s. 170, s. 545(b)(2), s. 556(b)(2), s. 642(c), s. 2055, s. 2106(a)(2), or s. 2522 of the Internal Revenue Code have an aggregate fair market value of not more than 60 percent of the aggregate fair market value of all amounts in the trust; or
(b) A deduction was allowed under s. 170, s. 545(b)(2), s. 556(b)(2), s. 642(c), s. 2055, s. 2106(a)(2), or s. 2522 of the Internal Revenue Code for amounts payable under the terms of the trust to every remainder beneficiary but not to any income beneficiary.
History.—s. 12, ch. 2006-217; s. 17, ch. 2007-153.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1205 - Notice that this part does not apply.

736.1205 Notice that this part does not apply.—In the case of a power to make distributions, if the trustee determines that the governing instrument contains provisions that are more restrictive than s. 736.1204(2), or if the trust contains other powers, inconsistent with the provisions of s. 736.1204(3) that specifically direct acts by the trustee, the trustee shall notify the Attorney General by delivery of notice when the trust becomes subject to this part. Section 736.1204 does not apply to any trust for which notice has been given pursuant to this section unless the trust is amended to comply with the terms of this part.
History.—s. 12, ch. 2006-217; s. 7, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1206 - Power to amend trust instrument.

736.1206 Power to amend trust instrument.—
(1) In the case of a trust that is solely for a named charitable organization or organizations and for which the trustee does not possess any discretion concerning the distribution of income or principal among two or more such organizations, the trustee may amend the governing instrument to comply with the provisions of s. 736.1204(2) with the consent of the named charitable organization or organizations.
(2) In the case of a charitable trust that is not subject to subsection (1), the trustee may amend the governing instrument to comply with s. 736.1204(2) after delivery of notice to, and with the consent of, the Attorney General.
History.—s. 12, ch. 2006-217; s. 8, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1207 - Power of court to permit deviation.

736.1207 Power of court to permit deviation.—This part does not affect the power of a court to relieve a trustee from any restrictions on the powers and duties that are placed on the trustee by the governing instrument or applicable law for cause shown and on complaint of the trustee, the Attorney General, or an affected beneficiary and notice to the affected parties.
History.—s. 12, ch. 2006-217; s. 9, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1208 - Release; property and persons affected; manner of effecting.

736.1208 Release; property and persons affected; manner of effecting.—
(1) The trustee of a trust, all of the unexpired interests in which are devoted to one or more charitable purposes, may release a power to select charitable donees unless the creating instrument provides otherwise.
(2) The release of a power to select charitable donees may apply to all or any part of the property subject to the power and may reduce or limit the charitable organizations, or classes of charitable organizations, in whose favor the power is exercisable.
(3) A release shall be effected by a duly acknowledged written instrument signed by the trustee and delivered as provided in subsection (4).
(4) Delivery of a release shall be accomplished as follows:
(a) If the release is accomplished by specifying a charitable organization or organizations as beneficiary or beneficiaries of the trust, by delivery of a copy of the release to each designated charitable organization.
(b) If the release is accomplished by reducing the class of permissible charitable organizations, by delivery of notice of the release to the Attorney General, including a copy of the release.
(5) If a release is accomplished by specifying a public charitable organization or organizations as beneficiary or beneficiaries of the trust, the trust at all times thereafter shall be operated exclusively for the benefit of, and be supervised by, the specified public charitable organization or organizations.
History.—s. 12, ch. 2006-217; s. 10, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1209 - Election to come under this part.

736.1209 Election to come under this part.—With the consent of that organization or organizations, a trustee of a trust for the benefit of a public charitable organization or organizations may come under s. 736.1208(5) by delivery of notice to the Attorney General of the election, accompanied by the proof of required consent. Thereafter the trust shall be subject to s. 736.1208(5).
History.—s. 12, ch. 2006-217; s. 148, ch. 2007-5; s. 18, ch. 2007-153; s. 11, ch. 2017-155.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 736 - Florida Trust Code › Part XII - Charitable Trusts (Ss. 736.1201-736.1211) › 736.1210 - Interpretation.

736.1210 Interpretation.—This part shall be interpreted to effectuate the intent of the state to preserve, foster, and encourage gifts to, or for the benefit of, charitable organizations.
History.—s. 12, ch. 2006-217.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
2. 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; and
1. 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; or
2. 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.
2023 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.
2023 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.
2023 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; or
2. 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.
2023 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.