Senate Bill sb2272

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    Florida Senate - 2002                                  SB 2272

    By Senator Burt





    16-1381-02

  1                      A bill to be entitled

  2         An act relating to pets; creating s. 737.107,

  3         F.S.; providing for trusts for the care of a

  4         pet animal; providing for termination of such

  5         trusts; providing for distribution of trust

  6         property upon termination; providing for

  7         enforcement; waiving fees, reports,

  8         accountings, or registration requirements

  9         unless ordered by the court or required by the

10         trust instrument; providing for court

11         appointment of trustee and transfer of property

12         when a designated trustee cannot serve;

13         providing an effective date.

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

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17         Section 1.  Section 737.107, Florida Statutes, is

18  created to read:

19         737.107  Trusts for pets.--

20         (1)  A trust for the care of a designated domestic pet

21  or animal alive during the grantor's lifetime is valid and

22  enforceable. The trust terminates upon the death of such

23  designated animal or last surviving designated animal. A

24  governing trust instrument must be liberally construed against

25  the merely precatory or honorary nature of the disposition in

26  order to bring the transfer within the provisions of this

27  subsection and to carry out the grantor's general intent.

28  Extrinsic evidence is admissible in determining the grantor's

29  general intent.

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

31  the following:

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    Florida Senate - 2002                                  SB 2272
    16-1381-02




  1         (a)  Except as expressly provided otherwise in the

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

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

  4  for the trust's purposes or for the benefit of a designated

  5  pet animal.

  6         (b)  Upon the trust's termination, the trustee shall

  7  distribute the unexpended trust property in the following

  8  order:

  9         1.  To the grantor, if living;

10         2.  As directed in the trust instrument;

11         3.  As provided in the residuary clause of the

12  grantor's will, if the trust was created in a nonresiduary

13  clause in the grantor's will or in a codicil to the will; or

14         4.  If a taker is not produced by the application of

15  subparagraph 1., subparagraph 2., or subparagraph 3, to the

16  grantor's heirs.

17         (3)  The intended use of the principal or income of the

18  trust property may be enforced by a person who is designated

19  for that purpose in the trust instrument or, if none, by a

20  person appointed by a court on application to it by any person

21  having an interest in the welfare of the designated pet or

22  domestic animal.

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

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

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

26  is required by reason of the existence of the fiduciary

27  relationship of the trustee.

28         (5)  A court may reduce the amount of the trust

29  property if it finds that that amount substantially exceeds

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

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    Florida Senate - 2002                                  SB 2272
    16-1381-02




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

  2  paragraph (2)(b).

  3         (6)  If a trustee is not designated or no designated

  4  trustee is willing or able to serve, a court shall appoint a

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

  6  another trustee if necessary to assure that the intended use

  7  of the principal or income is carried out and if no successor

  8  trustee is designated in the trust instrument or if no

  9  designated successor trustee agrees to serve or is able to

10  serve. A court may also enter any order that it considers

11  advisable to carry out the grantor's general intent and the

12  purposes of this section.

13         Section 2.  This act shall take effect July 1, 2002.

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16                          SENATE SUMMARY

17    Provides for trusts for the care of pet animals. Provides
      for the termination of such trusts and for the
18    distribution of trust property upon termination. Provides
      for enforcement of trust provisions. Provides for the
19    waiver of reports, accountings, fees, and registration
      requirements unless the court orders or the trust
20    instrument requires. Authorizes the court to appoint a
      trustee and transfer trust property when a designated
21    trustee cannot serve.

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