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The Florida Senate

2007 Florida Statutes

Section 736.0103, Florida Statutes 2007

736.0103  Definitions.--Unless the context otherwise requires, in this code:

(1)  "Action," with respect to an act of a trustee, includes a failure to act.

(2)  "Affiliate" means any person or entity that directly or indirectly through one or more intermediaries owns or controls, is owned or controlled by, or is under common control or ownership with, the fiduciary. An affiliate may include, but is not limited to, an investment adviser, administrator, broker, transfer agent, placement agent, servicing agent, registrar, custodian, underwriter, sponsor, distributor, or manager.

(3)  "Ascertainable standard" means a standard relating to an individual's health, education, support, or maintenance within the meaning of s. 2041(b)(1)(A) or s. 2514(c)(1) of the Internal Revenue Code of 1986, as amended.

(4)  "Beneficiary" means a person who:

(a)  Has a present or future beneficial interest in a trust, vested or contingent; or

(b)  Holds a power of appointment over trust property in a capacity other than that of trustee.

(5)  "Charitable trust" means a trust, or portion of a trust, created for a charitable purpose as described in s. 736.0405(1).

(6)  "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance that relates to protection of the environment or human health.

(7)  "General power of appointment" means a power of appointment exercisable in favor of the holder of the power, the power holder's creditors, the power holder's estate, or the creditors of the power holder's estate.

(8)  "Guardian of the person" means a person appointed by the court to make decisions regarding the support, care, education, health, and welfare of a minor or an incapacitated adult. The term does not include a guardian ad litem.

(9)  "Guardian of the property" means a person appointed by the court to administer the estate of a minor or incapacitated adult.

(10)  "Interests of the beneficiaries" means the beneficial interests provided in the terms of the trust.

(11)  "Jurisdiction" with respect to a geographic area, includes a state or country.

(12)  "Power of withdrawal" means a presently exercisable general power of appointment other than a power:

(a)  Exercisable by a trustee and limited by an ascertainable standard; or

(b)  Exercisable by another person only upon consent of the trustee or a person holding an adverse interest.

(13)  "Property" means anything that may be the subject of ownership, real or personal, legal or equitable, or any interest therein.

(14)  "Qualified beneficiary" means a living beneficiary who, on the date the beneficiary's qualification is determined:

(a)  Is a distributee or permissible distributee of trust income or principal;

(b)  Would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in paragraph (a) terminated on that date without causing the trust to terminate; or

(c)  Would be a distributee or permissible distributee of trust income or principal if the trust terminated in accordance with its terms on that date.

(15)  "Revocable," as applied to a trust, means revocable by the settlor without the consent of the trustee or a person holding an adverse interest.

(16)  "Settlor" means a person, including a testator, who creates or contributes property to a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.

(17)  "Spendthrift provision" means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest.

(18)  "State" means any state of the United States and includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(19)  "Terms of a trust" means the manifestation of the settlor's intent regarding a trust's provisions as expressed in the trust instrument or as may be established by other evidence that would be admissible in a judicial proceeding.

(20)  "Trust instrument" means an instrument executed by a settlor that contains terms of the trust, including any amendments to the trust.

(21)  "Trustee" means the original trustee and includes any additional trustee, any successor trustee, and any cotrustee.

History.--s. 1, ch. 2006-217.