Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1688
Barcode 965774
CHAMBER ACTION
Senate House
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11 The Committee on Judiciary (Baker) recommended the following
12 amendment:
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14 Senate Amendment (with title amendment)
15 On page 20, line 31,
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17 insert:
18 Section 8. Section 737.309, Florida Statutes, is
19 created to read:
20 737.309 Resignation of trustee.--
21 (1) A trustee may resign:
22 (a) Upon at least 30 days' written notice to the
23 settlor, if living, all cotrustees, and all persons entitled
24 to a trust accounting pursuant to s. 737.303, as qualified by
25 s. 731.303; or
26 (b) With approval of the court. In approving a
27 resignation, the court may issue orders and impose conditions
28 reasonably necessary for the protection of the trust property.
29 (2) Any liability of a resigning trustee or of any
30 sureties on the trustee's bond for acts or omissions of the
31 trustee is not discharged or affected by the trustee's
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 1688
Barcode 965774
1 resignation.
2 (3) If the resignation of a trustee would require the
3 vacancy to be filled by a successor trustee, a trustee that
4 resigns shall continue to serve until the successor assumes
5 the trusteeship. The resigning trustee shall deliver copies of
6 all notices and other records pertaining to the resignation to
7 the successor trustee or, if none, to a cotrustee.
8 (4) Notice of resignation shall be served in the
9 manner provided in the Florida Rules of Civil Procedure
10 relating to service of pleadings subsequent to the initial
11 pleading. The notice may be served on a legal representative
12 or natural guardian of a beneficiary without the filing of any
13 proceeding or approval of any court.
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15 (Redesignate subsequent sections.)
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18 ================ T I T L E A M E N D M E N T ===============
19 And the title is amended as follows:
20 On page 1, line 30, after the semicolon,
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22 insert:
23 creating s. 737.309, F.S.; providing procedures
24 for the resignation of a trustee; providing
25 that such resignation does not discharge or
26 affect any liability of the resigning trustee;
27 providing for notice of resignation;
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