CODING: Words stricken are deletions; words underlined are additions.



                                                  SENATE AMENDMENT

    Bill No. SB 818

    Amendment No.    

                            CHAMBER ACTION
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10                                                                

11  Senator Grant moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 13, lines 5-15, delete those lines

15

16  and insert:

17         Section 6.  Paragraphs (c) and (e) of subsection (4) of

18  section 737.303, Florida Statutes, are amended to read:

19         737.303  Duty to inform and account to

20  beneficiaries.--The trustee shall keep the beneficiaries of

21  the trust reasonably informed of the trust and its

22  administration. The trustee's duty to inform and account

23  includes, but is not limited to, the following:

24         (4)

25         (c)  In the case of a trust described in s. 733.707(3),

26  the trustee's duties under paragraph (a) extend only to the

27  grantor or beneficiary or the legal representative of the

28  grantor or beneficiary during the grantor's lifetime.

29         (e)  All rights provided a beneficiary under this

30  section may be asserted by a legal representative or natural

31  guardian of the beneficiary. Notice under subsection (1) and a

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                                                  SENATE AMENDMENT

    Bill No. SB 818

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  1  statement of accounts under paragraph (a) provided to a

  2  representative of the beneficiary as defined in s. 731.303

  3  shall bind the beneficiary and the trustee shall not be

  4  required to provide such notice or statement of accounts to

  5  any beneficiary who would be bound by an order binding on a

  6  representative of the beneficiary under s. 731.303, if such

  7  notice or statement of accounts, respectively, is provided to

  8  that representative.

  9         Section 7.  Section 737.308, Florida Statutes, is

10  amended to read:

11         737.308  Notice of trust.--

12         (1)  Upon the death of a settlor of a trust described

13  in s. 733.707(3), the trustee must file a notice of trust with

14  the court of the county of the settlor's domicile and the

15  court having jurisdiction of the settlor's estate.

16         (2)  The notice of trust must contain the name of the

17  settlor, the settlor's date of death, the title of the trust,

18  if any, the date of the trust, and the name and address of the

19  trustee.

20         (3)  If the settlor's probate proceeding has been

21  commenced, the clerk must notify the trustee in writing of the

22  date of the commencement of the probate proceeding and the

23  file number.

24         (4)  The clerk shall file and index the notice of trust

25  in the same manner as a caveat, unless there exists a probate

26  proceeding for the settlor's estate in which case the notice

27  of trust must be filed in the probate proceeding and the clerk

28  shall send a copy to the personal representative.

29         (5)  The clerk shall send a copy of any caveat filed

30  regarding the settlor to the trustee, and the Notice of Trust

31  to any caveator, unless there is a probate proceeding pending

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                                                  SENATE AMENDMENT

    Bill No. SB 818

    Amendment No.    





  1  and the personal representative and the trustee are the same.

  2         (6)(5)  In any proceeding affecting the expenses of the

  3  administration of the estate, or any claims described in s.

  4  733.702(1), the trustee of a trust described in s. 733.707(3)

  5  is an interested person in the administration of the grantor's

  6  estate.

  7         (7)(6)  Any proceeding affecting the expenses of the

  8  administration of the estate or any claims described in s.

  9  733.702(1) prior to the trustee filing a notice of trust are

10  binding upon the trustee.

11         (8)(7)  The trustee's failure to file the notice of

12  trust does not affect the trustee's obligation to pay expenses

13  of administration and enforceable claims as provided in s.

14  733.607(2).

15         Section 8.  Section 518.112, Florida Statutes, is

16  amended to read:

17         518.112  Delegation of investment functions.--

18         (1)  A fiduciary may delegate any part or all of the

19  investment functions, with regard to acts constituting

20  investment functions that a prudent investor of comparable

21  skills might delegate under the circumstances, and with regard

22  to all or part of those investment functions, to an investment

23  agent as provided in subsection (3)(2), if the fiduciary

24  exercises reasonable care, judgment, and caution in selecting

25  the investment agent, in establishing the scope and specific

26  terms of any delegation, and in reviewing periodically the

27  agent's actions in order to monitor overall performance and

28  compliance with the scope and specific terms of the

29  delegation.

30         (2)(a)  The requirements of subsection (1)

31  notwithstanding, a fiduciary that administers an insurance

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                                                  SENATE AMENDMENT

    Bill No. SB 818

    Amendment No.    





  1  contract on the life or lives of one or more persons may

  2  delegate without any continuing obligation to review the

  3  agent's actions, certain investment functions with respect to

  4  any such contract as provided in subsection (3), to any one or

  5  more of the following persons as investment agents:

  6         1.  The trust's settlor if the trust is one described

  7  in s. 733.707(3);

  8         2.  Beneficiaries of the trust or estate, regardless of

  9  the beneficiary's interest therein, whether vested or

10  contingent;

11         3.  The spouse, ancestor, or descendant of any person

12  described in subparagraphs 1. or 2.;

13         4.  Any person or entity nominated by a majority of the

14  beneficiaries entitled to receive notice under subsection

15  (3)(b); or

16         5.  An investment agent if the fiduciary exercises

17  reasonable care, judgment, and caution in selecting the

18  investment agent and in establishing the scope and specific

19  terms of any delegation.

20         (b)  The delegable investment functions under this

21  subsection include:

22         1.  A determination of whether any insurance contract

23  is or remains a proper investment;

24         2.  A determination of whether or not to exercise any

25  policy option available under such contracts;

26         3.  A determination of whether or not to diversify such

27  contracts relative to one another or to other assets, if any,

28  administered by the fiduciary; or

29         4.  An inquiry about changes in the health or financial

30  condition of the insured or insureds relative to any such

31  contract.

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                                                  SENATE AMENDMENT

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  1         (c)  Until the contract matures and the policy proceeds

  2  are received, a fiduciary that administers insurance contracts

  3  under this subsection is not obligated to diversify nor

  4  allocate other assets, if any, relative to such insurance

  5  contracts.

  6         (3)(2)  A fiduciary may delegate investment functions

  7  to an investment agent under subsections (1) or (2) pursuant

  8  to subsection (1), if:

  9         (a)  The fiduciary exercises reasonable care, judgment,

10  and caution in selecting the investment agent, in establishing

11  the scope and specific terms of any delegation, and in

12  reviewing periodically the agent's actions in order to monitor

13  overall performance and compliance with the scope and specific

14  terms of the delegation.

15         (a)(b)  In the case of a guardianship, the fiduciary

16  has obtained court approval.

17         (b)(c)  In the case of a trust or estate, the fiduciary

18  has given written notice, of its intention to begin delegating

19  investment functions under this section, to all the

20  beneficiaries, or their legal representative, eligible to

21  receive income from the trust or distributions from the trust

22  or estate within 30 days of the delegation unless such notice

23  is waived by the eligible beneficiaries entitled to receive

24  such notice.  This notice shall thereafter, until or unless

25  the beneficiaries eligible to receive income from the trust or

26  distributions from the estate at the time are notified to the

27  contrary, authorize the trustee or legal representative to

28  delegate investment functions pursuant to this subsection.

29  This discretion to revoke the delegation does not imply under

30  subsection (2) any continuing obligation to review the agent's

31  actions.

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                                                  SENATE AMENDMENT

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  1         1.  Notice to beneficiaries eligible to receive

  2  distributions income from the trust or distributions from the

  3  estate, or their legal representatives at the time of

  4  delegation, shall be sufficient notice to all persons who may

  5  join the eligible class of beneficiaries in the future.

  6         2.  Additionally, as used herein, legal representative

  7  includes one described in s. 731.303, without any requirement

  8  of a court order, an attorney-in-fact under a durable power of

  9  attorney sufficient to grant such authority, a legally

10  appointed guardian, or equivalent under applicable law, any

11  living, natural guardian of a minor child, or a guardian ad

12  litem. In the case of a minor, notice may be sent to a parent

13  or legal guardian of the minor.

14         3.  Written notice shall be:

15         (a)  By any form of mail or by any commercial delivery

16  service, approved for service of process by the chief judge of

17  the judicial circuit in which the trust has its principal

18  place of business at the date of notice, requiring a signed

19  receipt;

20         (b)  As provided by law for service of process; or

21         (c)  By an elisor as may be provided in the Florida

22  Rules of Civil Procedure.

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24  Notice by mail or by approved commercial delivery service is

25  complete on receipt of notice. Proof of notice must be by

26  verified statement of the person mailing or sending notice,

27  and there must be attached thereto the signed receipt or other

28  satisfactory evidence that delivery was effected on the

29  addressee or on the addressee's agent. Proof of notice must be

30  maintained among the trustee's permanent records. In the case

31  of an otherwise incapacitated person, notice may be given to

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                                                  SENATE AMENDMENT

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  1  the guardian of such person or to such person's donee under a

  2  durable power of attorney that is sufficient to grant such

  3  authority.

  4         (4)(3)  If all requirements of subsection (3)(2) are

  5  satisfied, the fiduciary shall not be responsible otherwise

  6  for the investment decisions nor or actions or omissions of

  7  the investment agent to which the investment functions are

  8  delegated.

  9         (5)(4)  The investment agent shall, by virtue of

10  acceptance of its appointment, be subject to the jurisdiction

11  of the courts of this state.

12         (6)(5)  In performing a delegated function, the

13  investment agent shall be subject to the same standards as the

14  fiduciary.

15         (6)  This section applies to all existing and future

16  fiduciary relationships subject to this section, but only as

17  to acts or omissions occurring after October 1, 1993.

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19  (Renumber subsequent sections.)

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 1, line 27, after the semicolon

25

26  insert:

27         amending s. 733.08, F.S.; providing for

28         specified notice to the trustee and caveator;

29         amending s. 518.112, F.S.; providing for

30         delegation of investment functions;

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