House Bill 2379

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







    Florida House of Representatives - 2000                HB 2379

        By Representative Sorensen






  1                      A bill to be entitled

  2         An act relating to pets; providing for trusts

  3         for the care of a pet animal; providing for

  4         termination of such trusts; providing for

  5         distribution of trust property upon

  6         termination; providing for enforcement; waiving

  7         fees, reports, accountings, or registration

  8         unless ordered by the court or required by the

  9         trust instrument; providing for court

10         appointment of trustee and transfer of property

11         when a designated trustee cannot serve;

12         providing an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Trusts for pets.--

17         (1)  A trust for the care of a designated pet animal is

18  valid. The trust terminates when no living animal is covered

19  by the trust. A governing instrument must be liberally

20  construed to presume against the merely precatory or honorary

21  nature of the disposition and to carry out the general intent

22  of the transferor. Extrinsic evidence is admissible in

23  determining the transferor's intent.

24         (2)  A trust created under this section is subject to

25  the following:

26         (a)  Except as expressly provided otherwise in the

27  trust instrument, no portion of the principal or income may be

28  converted to the use of the trustee or to any use other than

29  for the trust's purposes or for the benefit of a covered pet.

30         (b)  On termination, the trustee shall transfer the

31  unexpended trust property in the following order:

                                  1

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






    Florida House of Representatives - 2000                HB 2379

    729-123-00






  1         1.  As directed in the trust instrument;

  2         2.  If the trust was created in a nonresiduary clause

  3  in the transferor's will or in a codicil to the transferor's

  4  will, under the residuary clause in the transferor's will; or

  5         3.  To the transferor's heirs.

  6         (3)  The intended use of the principal or income may be

  7  enforced by a person who is designated for that purpose in the

  8  trust instrument or, if none, by a person appointed by a court

  9  on application to it by any person.

10         (4)  Except as ordered by the court or required by the

11  trust instrument, no filing, report, registration, periodic

12  accounting, separate maintenance of funds, appointment, or fee

13  is required by reason of the existence of the fiduciary

14  relationship of the trustee.

15         (5)  A court may reduce the amount of the property

16  transferred if it finds that that amount substantially exceeds

17  the amount required for the intended use. The amount of the

18  reduction, if any, passes as unexpended trust property under

19  paragraph (2)(b).

20         (6)  If no trustee is designated or no designated

21  trustee is willing or able to serve, a court shall name the

22  trustee. A court may order the transfer of the property to

23  another trustee if necessary to assure that the intended use

24  is carried out and if no successor trustee is designated in

25  the trust instrument or if no designated successor trustee

26  agrees to serve or is able to serve. A court may also make

27  orders that it considers advisable to carry out the intent of

28  the transferor and this section.

29         Section 2.  This act shall take effect July 1, 2000.

30

31

                                  2

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






    Florida House of Representatives - 2000                HB 2379

    729-123-00






  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3    Provides for trusts for the care of pet animals. Provides
      for the termination of such trusts and for the
  4    distribution of trust property upon termination. Provides
      for enforcement of trust provisions. Provides for the
  5    waiver of reports, accountings, fees, and registration
      unless the court orders or the trust instrument requires.
  6    Authorizes the court to appoint a trustee and transfer
      trust property when a designated trustee cannot serve.
  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3